GE1002 Indian Constitution and its Society

UNIT I

Committees under the Constituent Assembly

Committee on the Rules of procedure - Rajendra Prasad Steering Committee Rajendra Prasad Finance and Staff Committee Anugrah Narayan Sinha Credential Committee Alladi Krishnaswamy Iyer House Committee B. Pattabhi Sitaramayya Order of Business Committee K.M. Munshi Ad hoc Committee on the National Flag Rajendra Prasad Committee on the Functions of the Constituent Assembly G.V. Mavalankar States Committee Jawaharlal Nehru Advisory Committee on Fundamental Rights, Minorities Tribal and Excluded Areas Vallabhai Patel Minorities Sub-Committee H.C. Mookherjee Fundamental Rights Sub-Committee J.B. Kripalani North-East Frontier Tribal Areas and Assam. Excluded & Partially Excluded Areas Sub-Committee Gopinath Bardoloi Excluded and Partially Excluded Areas (Other than those in Assam) SubCommittee A.V. Thakkar Union Powers Committee Jawaharlal Nehru Union Constitution Committee Jawaharlal Nehru Drafting Committee B.R. Ambedkar

Preamble The preamble states that "We, the People Of India, have solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to ensure to all its citizens: Justice-social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. Indian constitution came to effect on 26 November 1949 that was day India became republic. Republic means the law of the country is made by the people, for the people, and to the people. But we celebrate republic day on January 30. All laws that are created should be within the Indian constitution. Any law civil, criminal, labour, family, etc should be within Indian constitution, if it is against the constitution it becomes null and void. Legality of law will be decided by the Supreme Court. Indian constitution has grouped in three forms for easy reading; they are Articles, Parts, and Schedule. There are 395 Articles under 22 Parts and 12 Schedules. Example the functioning of States is listed as Part VI from Article 152 to 237.

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Citizenship 5. Citizenship at the commencement of the Constitution 6. Rights of citizenship of certain migrants to Pakistan 7. Rights of citizenship of certain persons of Indian origin residing outside India. 8. Rights of citizenship of persons of Indian origin residing outside India 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens 10. Continuance of the rights of citizenship 11. Parliament to regulate the right of citizenship by law FUNDAMENTAL RIGHTS General 12. Definition 13. Laws inconsistent with or in derogation of the fundamental rights Rights of Equality 14. Equality before law President of India to Ordinary person all equal before law in the legal matters. Any offence committed by a child less than 7 years age cannot be charged or punished. Age 7 to 17 will treated as juvenile. 15. Prohibition of discrimination on grounds of religion, race, caste, ex or place of birth. No person shall be discriminated on the above grounds in employment, education, public office, etc. 16. Equality of opportunity in matters of public employment No person shall be discriminated from the employment opportunity. A special provision can be given for women, minorities, and weaker section in employment, education in public office only. 17. Abolition of Untouchablity 18. Abolition of titles Right to Freedom 19. Protection of certain rights regarding freedom of speech, etc Freedom speech within dignity and respect to the others. No person is allowed by affecting the sentiments and values of others, which may be based on belief, faith, etc. 20. Protection in respect of conviction for offences. A person shall be convicted only on violation of law. He cannot be punished more than the prescribed penalty as mentioned in law. He cannot be punished for same offence twice. He cannot be a witness in his own case. 21. Protection of life and personal liberty. Any person is free to move and settle any where in India and take any profession or follow any religion. A person has no liberty to take his own life (die) because of long illness, pain, etc. Mercy killing is allowed in certain countries because of incurable illness, pain, etc. 22. Protection against arrest and detention in certain cases. No person shall be arrested without informing the reason and ground of arrest. He shall be defended by a legal practitioner of his choice. A person arrested should be produced before the neared judicial magistrate within 24 hours, except in the case of preventive detention and enemy alien. Right against Exploitation 23. Prohibition of traffic in human beings and forced labour. Traffic of human and forced labour is punishable by law. Page 2 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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24. Prohibition of employment of children in factories, etc. A person below 14yrs of age cannot be employed in factories, companies, etc. Right to Freedom of Religion 25. Freedom of conscience and free profession, practice and propagation of religion. A person is free to practice and follow any religion. He is also free not to follow any religion or faith. 26. Freedom to manager religious affairs 27. Freedom as to payment of taxes for promotion of any particular religion. A person has right to pay to promote a religion of his choice. 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. 29. Protection of interests of minorities 30. Right of minorities to establish and administer educational institutions Saving of Certain Laws 31-A. Saving of laws providing for acquisition of estates, etc. 31-B. Validation of certain Acts and Regulations 31-C. Saving of laws giving effect to certain directive principles 31-D. Saving of laws in respect of anti-national activities [omitted] Right to Constitutional Remedies 32. Remedies for enforcement of rights conferred by this Part 1. Habeas Corpus Show the body in case of arrest. 2. Mandamus Command or Order to lower court or government. 3. Certiorari Order against lower court after the trial proceedings. 4. Prohibition Order against lower court during or before the trial proceedings. 5. Quo warranto Legality of person holding public office. 32-A. Constitutional validity of State Laws not to be considered in proceedings under Article 33. Power of Parliament to modify the rights conferred by this Part in application etc. 34. Restriction on rights conferred by this Part while martial law is in force in any area 35. Legislation to give effect to the provisions of this Part

DIRECTIVE PRINCIPLES OF STATE POLICY 36. Definition 37. Application of the principles contained in this Part 38. State to secure a social order for the promotion of welfare of the people 39. Certain principles of policy to be followed by the State 39-A. Equal justice and free legal aid 40. Organization of village panchayats 41. Right to work, to education and to public assistance in certain cases 42. Provision for just and humane conditions of work and maternity relief 43. Living wage, etc. for workers Page 3 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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43-A. Participation of workers in management of industries 44. Uniform civil code for the citizens 45. Provision for fee and compulsory education for children 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections 47. Duty of the Sate to raise the level of nutrition and the standard of living and to improve public health 48. Organization of agriculture and animal husbandry 48-A. Protection and improvement of environment and safeguarding of forests and wild life 49. Protection of monuments and places and objects of national importance 50. Separation of judiciary from executive 51. Promotion of international peace and security FUNDAMENTAL DUTIES 51-A. Fundamental duties

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem To cherish and follow the noble ideas which inspired our national struggle for freedom. To uphold and protect the sovereignty, unity and integrity of India. To defend the country and render national service when called upon to do so. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women. To value and preserve the rich heritage of our composite culture. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. To develop the scientific temper, humanism and the spirit of enquiry and reform To safeguard public property and to abjure violence To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.

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Unit II
The President and Vice-President 52. The President of India 53. Executive power of the Union 1. Administrative Power 2. Legislative Power 3. Judicial Power 4. Diplomatic Power 5. Treaty Making Power 6. Emergency Power 7. Military Power 54. Election of President When the seat is vacant EC call for election. 55. Manner of election of President Voted by MLAs and MPs of both houses 56. Term of office of President - 5yrs 57. Eligibility for re-election May be re-elected any number of times. 58. Qualifications for election as President Indian, 35yrs, Sound mind, No criminal conviction, should not hold office of profit. 59. Conditions of Presidents office Other office MP or MLA is vacated automatically. 60. Oath or affirmation by the President Chief justice of Supreme Court of India. 61. Procedure for impeachment of the President Resolution passed either of house of parliament and voted by both the houses with 2/3 rd vote. 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy within 180 days if death, resigned, or impeached, or election should be completed before next term begins. 63. The Vice-President There shall be vice president. 64. The Vice-President to be ex-officio Chairman of the Council of States 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President 66. Election of Vice-President - Indian, 35yrs, Sound mind, No criminal conviction, should not hold office of profit. He is elected by the both the house of Parliament. 67. Term of office of Vice-President 5 yrs. Election to be held as early as possible when there is vacancy. He may be removed from the office with resolution passed with simple majority in RS, and subsequently given assent in the LS. The VP should be given 14 days notice before a resolution is brought in the RS. 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy. 69. Oath or affirmation by the Vice-President - Chief justice of Supreme Court of India. 70. Discharge of Presidents functions in other contingencies 71. Matters relating to or connected with, the election of a President or Vice-President 72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases, such as death sentence or any offence against union law and also by Court Martial (Military Court). 73. Extent of executive power of the Union

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Council of Ministers 74. Council of Ministers to aid and advice President Prime Minister is elected by the majority members of the Lok Sabha. He is the head of the Council of Ministers. Union ministers are classified into three types, Cabinet, Independent, and State. The PM will convene cabinet meeting which will be attended only by the cabinet ministers as when it is required and he has to inform the cabinet proceedings to the President. PM has the power to change the Council of Ministers as he wish and such changes should be informed to the President. Ministers will serve the office to the pleasure of PM. PM can dissolve the Parliament on the advice of the cabinet before its actual term expires, which is informed to the President. In such case President will ask the PM and its cabinet to hold the office until the next government is formed. PM has no power to dissolve the government when it has no majority in the Parliament. In such case only the President has the power to dissolve the Parliament when no party is able to muster the majority. Prime Minister or Cabinet Minister may be appointed even if they are not the member of any houses, but they have to become member of a house within 180 days from the date of office. Only PM and Cabinet Minister can sit in both houses during proceedings. 75. Other provisions as to Ministers Salary, benefits, etc. The Attorney-General for India 76. Attorney-General for India He is appointed by the President through Prime Minster. He advices the Union government when a bill is proposed for an amendment or a new law to be enacted. This is to ensure the legality and validity of the bill. All bills will be within the Indian constitution. Conduct of Government Business 77. Conduct of business of the Government of India 78. Duties of Prime Minister as respect the furnishing of information to the President, etc. Refer Art 74. General 79. Constitution of Parliament Indian Parliament is bicameral system. It has Lok Sabha (House of People) and Raja Sabha (Council of states). Parliament has power to make law under Union List (List I) and concurrent List (List III) and even in State List (List II) during emergency. List II is State list and only States has power to make law. 80. Composition of the Council of States 238 Members selected by legislature of various states and 12 members are appointed by President. Therefore there are total of 250 members. Election will be held every 2years therefore 1/3 rd of the members will be changing in every 2 years. 81. Composition of House of the People 543 Members selected directly by people of various states and 2 members are appointed by President. Therefore there are total of 545 members. 82. Readjustment after each census Constituency may be re-aligned due to variation in population. Page 6 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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83. Duration of Houses of Parliament 5yrs Lok Sabha and 6yrs Raj Sabha. The duration LS may be extended to maximum of one year only during emergency ex: war. 84. Qualification for membership of Parliament 25yrs LS and 30yrs RS. Indian, Sound mind, No criminal conviction, should not hold office of profit. 85. Sessions of Parliament, prorogation and dissolution The interval between two sessions should not be more than 6 months. The speaker will convene the date of session. PM can dissolve the Parliament (Lok Sabha only) on the advice of Cabinet Minister and inform to the President. PM can dissolve the Parliament only when his government has the majority. The president can dissolve the Parliament when the government loses its majority or no party is able muster the majority to form the government. 86. Right of President to address and send messages to Houses President will address beginning of each year or when a new government is formed. He will spell out the plan of the government for the current budget year and the future. 87. Special address by the President During emergency or when the President feel an issue is of national importance. 88. Rights of Ministers and Attorney-General as respects Houses OFFICERS OF PARLIAMENT 89. The Chairman and Deputy Chairman of the Council of States Vice President is the Chairman of the council of state (Raja Sabha) they are not called as speaker. Deputy chairman cannot be a member of council of state. His qualification should is same as Chairman. 90. Vacation and resignation of, and removal from, the office of Deputy Chairman 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 93. The Speaker and Deputy Speaker of the House of the People They are selected by the simple majority of the LS. After election he will be guided to the chair by PM, Leader of opposition party, and senior members of Parliament. 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker They can be removed through a resolution in the Parliament with simple majority. 95. Power of Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker 98. Secretariat of Parliament CONDUCT OF BUSINESS 99. Oath or affirmation by members It is given by the President. An elected person becomes only after he has taken the oath of office. No member is allowed to sit or participate in the Parliament proceeding before taking oath of office. The President has Page 7 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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delegated Oath office duty to the speaker for the members elected in the middle of the term through by election. 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum Disqualifications of Members 101. Vacation of seats Death, resignation, term expired. 102. Disqualifications for membership Criminal conviction, his election have been declared illegal by court, violating oath of office, cross voting against the whip order. A member will not be disqualified when 1/3 rd of his party member voted against the whip order. When a member switches the party he may be disqualified, whereas when a member is expelled from the party he cannot be disqualified. It is same for M.L.A. 103. Decision on questions as to disqualifications of members 104. Penalty for sitting and voting before making oath or affirmation under Article 99 or, when not qualified or when disqualified. Powers, Privileges and Immunities of Parliament and its Members 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. Members are not liable for legal action for conduct in the Parliament. Members are not liable for any publication or report of proceeding in the Parliament. 106. Salaries and allowances of members Legislative Procedure 107. Provisions as to introduction and passing of Bills A bill can be introduced either house of the Parliament either by the Minister or individual member. A bill should be passed by both the houses, except the Money Bill. RS has no constitutional power to hold the Money Bill. 108. Joint sitting of both Houses in certain cases When a bill is rejected by any one of the house of the Parliament or it did not get the assent from any one house for more than six month. Then the President may call for joint sitting to pass or reject the bill. In normal of proceeding bills introduced by LS is passed by RS. 109. Special procedure in respect of Money Bills Money bill can be introduced only in the LS. When a Money bill passed by LS it is then sent to RS. RS cannot reject or pass money bill it can merely call for amendment. The amendment may be considered or rejected by LS and the bill is passed by LS only. The RS has to return the money bill within 14 days to LS. If it is not returned within 14 days it is deemed to be passed. 110. Definition of Money Bills A bill is said to be a Money Bills if it has any of the following matters such as tax regulations, borrowing, payment of money from contingency fund and consolidated fund. The speaker and the house of people LS, will decide whether a bill is Money bill or non-money bill. 111. Assent to Bills The President will give the final assent to the bill passed by the both houses of the Parliament. The president may send the bill back to the Parliament for reconsideration or modification. The Parliament may accept his recommendation or may send the bill back without changing. When the bill returned to President again, then the President has to assent the bill. Page 8 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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Procedure in Financial Matters 112. Annual financial statement 113. Procedure in Parliament with respect to estimates 114. Appropriations Bills 115. Supplementary, additional or excess grants 116. Votes on account, votes of credit and exceptional grants 117. Special provisions as to financial Bills Procedure Generally 118. Rules of procedure 119. Regulation by law of procedure in Parliament in relation business 120. Language to be used in Parliament English or Hindi only, it will be translated to regional languages. This is another form of disrespecting the other languages. 121. Restriction on discussion in Parliament - Cannot discuss on the conduct of the Supreme court or High court judges. 122. Courts not to inquire into proceedings of Parliament No court have power to interfere into the affairs of the proceedings inside the Parliament. 123. Power of president to promulgate Ordinances during recess of Parliament President can pass the ordinance when the Parliament is not in the session on the advice of the Cabinet. The ordinance ceases to exist within 6 weeks if the parliament did not pass the ordinance. 124. Establishment and constitution of Supreme Court There shall be a Supreme Court. Supreme Court judges are appointed by the President on the advice of law commission and recommendation of Supreme Court justice. He should have served at least 5 years as High Court Judge. He should have served 10 years as an advocate in High Court or as District Court Judge. He should be distinguished jurist. 125. Salaries, etc., of judges 126. Appointment of acting Chief Justice Vacancy or absence President may appoint an acting Chief Justice. 127. Appointment of ad hoc judge is an appointment of temporary judge. 128. Attendance of retired Judges at sittings of the Supreme Court 129. Supreme Court to be a court of record 130. Seat of Supreme Court 131. Original jurisdiction of the Supreme Court 1. Between government of India and any other states. 2. Between one state and other state or states. (Mullai periyar Dam, Kaveri) 132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases 1. Any civil or criminal appeals. 2. PIL (Public Interest Litigation) 3. Constitutional validity of a law. 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters 134. Appellate jurisdiction of Supreme Court in regard to criminal matters 134-A. Certificate for appeal to the Supreme Court 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court Page 9 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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136. Special leave to appeal by the Supreme Court (SLP) 137. Review of judgments or orders by the Supreme Court 138. Enlargement of the jurisdiction of the Supreme Court 139. Conferment on the Supreme Court of powers to issue certain writs 139-A. Transfer of certain cases 140. Ancillary powers of Supreme Court 141. Law declared by Supreme Court to be binding on all courts 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. 143. Power of President to consult Supreme Court 144. Civil and judicial authorities to act in aid of the Supreme Court 145. Rules of Court, etc. 146. Officers and servants and the expenses of the Supreme Court 147. Interpretation COMPTROLLER AND AUDITOR-GENERAL OF INDIA 148. Comptroller and Auditor-General of India 149. Duties and powers of the Comptroller and Auditor-General 150. Form of accounts of the Union and of the States 151. Audit reports

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UNIT III
THE STATES GENERAL 152. Definition THE EXECUTIVE The Governor 153. Governors of States A state shall have a governor. 1. Administrative Power Make ordinance when not in session 2. Legislative Power Recommendation of dissolution of legislature. 3. Judicial Power Pardon in State list only, Oath of office to judges of High Court. 154. Executive power of State It is vested to the Governors. 155. Appointment of Governor He is appointed by the President of India 156. Term of office of Governor 5 years and eligible for re-appointed for unlimited times 157. Qualifications for appointment as Governor Age 35yrs, Indian citizen, sound mind. 158. Conditions of Governors office Should not hold MLA or MP or office of profit. 159. Oath or affirmation by the Governor Chief Justice of High Court or Senior most judge in absence of Chief Justice. 160. Discharge of the functions of the Governor in certain contingencies 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases 162. Extent of executive power of State within the state extent of List II and III. Council of Ministers 163. Council of Ministers to aid and advice Governor Chief Minister is elected by the majority Members of Legislative Assembly. He is the head of cabinet. He appoints the cabinet ministers. Chief Minister and Ministers are given oath of office by the Governor. 164. Other provisions as to Ministers The Advocate-General for the State 165. Advocate-General for the State Conduct of Government Business 166. Conduct of business of the Government of a State 167. Duties of Chief Ministers as respects the furnishing of information to Governor, etc. THE STATE LEGISLATURE General 168. Constitution of Legislatures in States 169. Abolition or creation of Legislative Councils in States 170. Composition of the Legislative Councils in States 171. Composition of Legislative Councils Should not 1/3rd of State legislature. Their function is similar to Raja Sabha in Parliament. 172. Duration of State Legislatures Page 11 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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173 .Qualification for membership of the State Legislature Citizen of India, age 25yrs, no criminal conviction of more than 4 years, should not hold office of profit. 174. Sessions of the State Legislature, prorogation and dissolution When the government lost majority, under Art 356 from the approval president and both house of parliament. The chief Minister can dissolve the government only when he has the majority. 175. Right of Governor to address and send messages to the House or Houses 176. Special address by the Governor 177. Rights of Ministers and advocate-General as respects the Houses Officers of the State Legislature 178. The Speaker and Deputy Speaker of the Legislative Assembly 179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker 181. The Speaker or the Deputy Speakers not to preside while a resolution for his removal from office is under consideration 182. The Chairman and Deputy Chairman of the Legislative Council 183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman 187. Secretariat of State Legislature Conduct of Business 188. Oath or affirmation by members 189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum Disqualifications of Members 190. Vacation of seat 191. Disqualifications for membership 192. Decision on questions as to disqualifications of members 193. Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified Powers, Privileges and Immunities of State Legislatures and their Members 194. Powers, Privileges, etc., of the Houses of Legislatures and of the members and committee thereof 195. Salaries and allowances of members Legislative Procedure 196. Provisions as to introduction and passing of Bills Page 12 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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197. Restriction on powers of Legislative Council as to Bills other than Money Bills 198. Special procedure in respect of Money Bills 199. Definition of Money Bills 200. Assent to Bills 201. Bills reserved for consideration Procedure in Financial Matters 202. Annual financial statement 203. Procedure in Legislature with respect to estimates 204. Appropriation Bills 205. Supplementary, additional or excess grants 206. Votes on account, votes of credit and exceptional grants 207. Special provisions as to financial Bills Procedure Generally 208. Rules of procedure 209. Regulation by law of procedure in the Legislature of the State in relation to financial business 210. Language to be used in the Legislature 211. Restriction on discussion in the Legislature 212. Courts not to inquire into proceedings of the Legislature LEGISLATIVE POWER OF THE GOVERNOR 213. Power of Governor to promulgate Ordinance during recess of Legislature THE HIGH COURTS IN THE STATES Legal Jurisdiction: Criminal Cases conducted at: District court Punishment for crime is more than 7 years. Sub court or subordinate court Punishment for crime is more than 3 and less than 7 years. Judicial Magistrate - Punishment for crime is not more than 3 years. Chief Metropolitan Court (City) Punishment for crime is more than 7 years. Metropolitan sub-court Punishment for crime is more than 3 and less than 7 years. Metropolitan Judicial Magistrate - Punishment for crime is not more than 3 years.

Civil Cases conducted at: District court Value more than 5 Lakhs. Sub court or subordinate court Value more than 1 to 5 Lakhs. Judicial Magistrate Value not more than 1 Lakh. Chief Metropolitan Court (City) Value more than 5 Lakhs. Metropolitan sub-court Value more than 1 to 5 Lakhs. Metropolitan Judicial Magistrate - Value not more than 1 Lakh. High Court All appeals Criminal and civil will be conducted in the High Court, only appeal can be filed in the high courts for or against order of the lower court. Public Interest Page 13 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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Litigation which is popularly known PIL or writ can be filed directly under Art 226 for constitutional remedies under Art 32. Geographical Jurisdiction: Every court has geographical jurisdiction and legal jurisdiction. Example district court can take only cases within the district unless ordered by the High court or Supreme Court in case of transfer of cases. Similarly High court can take cases within the jurisdiction unless ordered by the Supreme Court in case of transfer of cases. High court may have jurisdiction for more than one state. Example High court of Gwahati has jurisdiction for Assam .Manipur, Meghalaya, Nagaland, Triupura, Mizoram, and Arunachal Pradesh. 214. High Courts for States 215. High Courts to be counts of record 216. Constitution of High Courts 217. Appointment and conditions of the office of a Judge of a High Court 218. Application of certain provisions relating to Supreme Courts 219. Oath or affirmation by Judges of High Courts 220. Restriction on practice after being a permanent Judge 221. Salaries etc. of Judges 222. Transfer of a Judge from one High Court to another 223. Appointment of acting Chief Justice 224. Appointment of additional and acting judges 224-A. Appointment of retired Judges at sittings of High Courts 225. Jurisdiction of existing High Courts 226. Power of High Courts to issue certain writes 227. Power of superintendence over all courts by the High Court 228. Transfer of certain cases to High Court 229. Officers and servants and the expenses of High Courts 230. Extension of jurisdiction of High Courts to Union territories 231. Establishment of a common High Court for two or more States SUBORDINATE COURTS 233. Appointment of district judges 233-A. Validation of appointments of, and judgments, etc., delivered by, certain district judges 234. Recruitment of persons other than district judges to the judicial service 235. Control over subordinate courts 236. Interpretation 237. Application of the provisions of this Chapter to certain class or classes of magistrates

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UNIT IV
RELATIONS BETWEEN THE UNION AND THE STATES Legislative Relations The differences arise between Union and States when enforcing or creating a law from the list provided in the Constitution. The Parliament has power to make law from Union List I and Concurrent List III, whereas States have power to make law from State List II and Concurrent List III. During legislation some times there will be dispute or conflict for the power to make law and how it is settled during such crisis. There are few doctrines to be followed be legal bodies to solve such disagreements. They are, 1. Doctrine of repugnancy: It means inconsistency in law. When Union and States make law from the concurrent list on similar list the conflict arises. The question is which law prevails. The constitution clearly states that only Union law will prevail on such case and the State law on same list will become null and void. This is another example India is not a federal state. 2. Colorable Legislation: The State absolutely has no power to make law from the Union List. On other words the State cannot make law in Postal Services, Banking regulations, Railways etc. If State makes law knowingly or unknowingly such law is void. Similarly Union has no power to make law from State list, except during emergency. Thus infringing in the rights of the states. This emergency provision is not the principle of federalism. 3. Doctrine of Pith and Substance: It means strength of matter of the law made by State which may look it is from the Union List. Example, State has no power make law in communication, broadcasting, and amplifiers. Therefore the audio of music or etc can be played to any decibel and at any time and the State will not have power to control it. In such cases the State can protect the welfare of the people from the Public Health List which is under the State List, because playing the audio loud and also at unregulated time will affect the health of the people. Therefore State law regulating the decibel and time of playing the audio is legally valid. 4. Residuary Powers: Any matter that may arise time to time those are not list in any one of the lists, on such matter only Union has the power to make like. Example Cyber law, it is not mentioned in any list but only Union has the Power to control cyber crime. America and Canada residuary powers are given to states which is true federalism. The Union has power to take over the state list to Union list and vice versa. Example, previously technical education was in State List; later Union took over the Technical Education to Union List and School education and Non-Technical education to State List. This is an example to show India is not a Federal State. 245. Extent of laws made by Parliament and by the Legislatures of States 246. Subject-matter of laws made by Parliament and by the Legislature of States 247. Power of Parliament to provide for the establishment of certain additional courts 248. Residuary powers of legislation Page 15 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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249. Power of Parliament to legislate with respect to a matter in the State List in the national interest. 250. Power Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation 251. Inconsistency between laws made by Parliament under Articles 249 and 250 and laws made by the Legislatures of States 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State 253. Legislation for giving effect to international agreements 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of a State 255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only ADMINISTRATIVE RELATIONS The Union should stand by states to fight against the natural disasters like rain, earthquake, etc and also disturbance from internal source (Naxal) and external source (terrorist). The support is provided through funding and financial support to bring the life and lively hood of the people to normalcy and providing logistic and tactical support to provide safety and security to the people from internal and external threat. The state should also update frequently about the progress and security to the Union. 256. Obligation of States and the Union 257. Control of the Union over States in certain cases 258. Power of the Union to confer powers, etc., on States in certain cases 258-A. Power of the States to entrust functions to the Union 259. [Repealed.] 260. Jurisdiction of the Union in relation to territories outside India 261. Public acts, records and judicial proceedings Disputes relating to waters 262. Adjudication of disputes relating to waters of inter-State rivers or river valleys. The Union can set up a Tribunal similar to Cauvery Tribunal for resolving inter state water dispute. The authority of the Tribunal cannot be questioned by the Supreme Court. The decision of the Tribunal is final. Co-Ordination between States 263. Provisions with respect to an inter-State Council Inter State disputes can also be settled by the Supreme Court only with matter relating extent of legal right. The Supreme Court has no power settle administration power of the State only the President has such power. AMENDMENT OF THE CONSTITUTION 368. Power of Parliament to amend the Constitution and procedure there for Only Parliament has power to amend the constitution. An ordinary bill becomes a law on simple majority vote followed by assent from the President. The constitution amendment can be brought in either house of the Parliament, but it should have 2/3rd vote for Page 16 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

GE1002 Indian Constitution and its Society

such amendment. Then it must also be passed through resolution in State Legislature with not less than 50% of the state voting for the amendment.

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GE1002 Indian Constitution and its Society

UNIT - V
Welfare Commissions: Based on the fundamental rights mentioned in the Art 15, 16, and 17 (Briefly explain about these articles). The Union and the State were given special provision for welfare and social development of women, children, minorities, SC/ST, backward classes, and weaker section of the society. There fore Union and State have created various commissions for their development and also to find the any violation of law against them because of their social status. The governments provide financial and educational supports through scholarship and reservation in education and employment. The role of these commissions is to find out the scholarship and reservations were implemented by government. The commissions work closely with NGOs, and other social welfare organization. The Art 244, 330 to 342 explain the constitutional provision for weaker sections in the society. Thus the Union and State Governments have provided reservation in employment and education and scholarship and free education for certain class of people. Example in state of Tamil Nadu 18% is reserved for SC/ST, 20% for Most backward class, 30% for Backward class of which 3% reserved for Muslim in all government organization from education to employment. The Art. 334 of the constitution also clear states these special provisions should be stopped after some years but it did not mention the time frame. The special reservation has been given to SC/ST and Anglo Indian for representation in Parliament and Legislatures. No the Union government has passed a bill for Women also for fair representation in Parliament and Legislatures. The Womens bill be law when president gives the assent.

The Scheduled and Tribal Areas

244. Administration of Scheduled Areas and Tribal Areas 244-A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both thereof SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. 331. Representation of the Anglo-Indian community in the House if the People 332. Representation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States 334. Reservation of seats and special representation to cease after years 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts 336. Special provision for Anglo-Indian community in certain services 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community 338. National Commission for Scheduled Castes and Scheduled Tribes 339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes 340. Appointment of a Commission to investigate the conditions of backward classes 341. Scheduled Castes 342. Scheduled Tribes Page 18 of 20 Copyright: Einstein college of Engineering Department of Civil Engineering

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OFFICIAL LANGUAGE LANGUAGE OF THE UNION 343. Official language of the Union 344. Commission and Committee of Parliament on official language REGIONAL LANGUAGES 345. Official language or languages of a State. A state can have its own official language. 346. Official language for communication between one State and another or between a State and the Union. States can communicate in the language prescribed in the constitution only on mutual agreement, other there will administrative disorder. State can communicate to Union in English or Hindi. 347. Special provision relating to language spoken by a section of the population of a State LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc. Language in Supreme Court and High Court is English. 349. Special procedure for enactment of certain laws relating to language SPECIAL DIRECTIVES 350. Language to be used in representations for redress of grievances 350-A. Facilities for instruction in mother-tongue at primary state 350-B. Special Officer for linguistic minorities 351. Directive for development of the Hindi language

NOTE: Refer text page from Pg: 447 onwards for quick reference.

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CONSTITUTION OF INDIA
Part I Part II Part III Part IV Part IV A Part V Part VI Part VII Part VIII Part IX Part IX A Part X Part XI Part XII Part XIII Part XIV Part XIV- A Part XV Part XVI Part XVII Part XVIII Part XIX Part XX Part XXI Part XXII - The Union and its Territory - Citizenship - Fundamental Rights - Directive Principles of State Policy - Fundamentals of Duties - The Union - The States - The States in Part B of the first Schedule - The Union Territories - The Panchayats - The Municipalities - The Scheduled and Tribal Areas - Relations between the Union and the States - Finance, Property, Contracts and Suits - Trade, Commerce and Intercourse within the Territory of India - Services under the Union and the States - Tribunals - Elections - Special Provisions Relating to Certain Classes - Official Language - Emergency Provisions - Miscellaneous - Amendment of the Constitution - Temporary, Transitional and Special Provisions - Short Title, Commencement, Authoritative Text in Hindi and Repeals

Refer: Annexure from the text book, for structures of various government, court, and list of Union, State, and Concurrent.

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