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VICE PRESIDENT

The Vice President is like a counter part of the Speaker of the Lok
Sabha, he is ex-officio Chairman of the Rajya Sabha

The Vice President shall act as the President in the event of a vacancy
in the office of the President by reason of his death, resignation or
removal or otherwise.

At the time of acting as the President or discharging the functions of the


President the Vice President shall not perform the duties of the Chairman
of Rajya Sabha. (Article 64).

Article 66 (1): The Vice President is elected by an electoral college


consisting of the members of the two houses of the Parliament in
accordance with the system of proportional representation by means of a
single transferable vote.

A sitting Vice President is eligible for reelection.

The term of office of the Vice President is 5 years

The office may be terminated by resignation or


removal.

A formal impeachment is not required.

The election to the office of the Vice President


has to be completed before the expiration of the
term.

ELECTION:
1.VP is elected indirectly by the members
of an electoral college consisting of the
members of both Lok sabha and Rajyasabha.
(It includes nominated members also).

2.Election is held in accordance with the


system of proportional representation by
means of the single transferable vote and
the voting is by secret ballot.

QUALIFICATIONS:
Should be a citizen of India.

Should have completed 35 years of age.

Should not hold any office of profit

Should be qualified for election as a


member of the Rajya Sabha.


TERM: 5 years.

RESIGNATION:Submits the resignation letter to the President of India.

REMOVAL:14 days advance notice should be given.


-The Vice President is removed by a resolution of the Rajya Sabha
passed by majority of all the then members of the council and agreed
to by the House of the People.

The reasons for the removal of the Vice President are not mentioned in
the Constitution.

REELECTION:Sitting Vice President can be reelected to the office any


number of terms. So far only the first VP of India Dr. S. Radhakrishanan
was the only person who got elected to the office of VP for two terms.

Note: The sitting Vice President Hamid Ansari reelected to the office for
the second term in the year 2012.

VACANCY:

1.On the expiry of term 5 years.

2.By death

3.By resignation

4.By removal from the office

5.Otherwise

In case of vacancy the election must be held as soon as possible. The newly
elected VP remains in office for a full term of 5 years from the date of
assuming charges.

ELECTION DISPUTES:

The election disputes in relation with election of the Vice-President are


enquired into and decided by the Supreme Court. The decision of Supreme
Court is final and exclusive.

SALARY AND EMOLUMENTS:

1.Salary is drawn in the capacity of


Chairman of Rajya Sabha.

2.Draws a salary of 1, 25,000/-.

4.While acting as the President of India


he is entitled to draw the salary of the
President and not that of Chairman of Rajya
Sabha.

VICE-PRESIDENTS OF INDIA
Dr.Sarvepalli Radhakrishnan 1952-1962

Dr. Zakir Hussain 1962-1967

Varahagiri Venkata Giri 1967-1969

Gopal Swarup Pathak 1969-1974

B.D.Jatti 1974-1979

Mohammaed Hidayatullah 1979-1984

R. Venkataraman 1984-1987

Dr. Shankar Dayal Sharma 1987-1992

K.R.Narayan 1992-1997

Krishan Kant 1997-2002

Bhairon Singh Sekhawat 2002-2007

Mohd. Hamid Ansari 2007 - till date (2 ndterm)

PRIME MINISTER
Appointment:

The general principle is that the President appoints


the leader of majority party in the Lok Sabha as the
Prime Minister

If no party gets a clear majority then the President


may exercise his personal discretion in the
appointment of the Prime Minister.

The Prime Minister may be a member of any of the


two houses of the Parliament.


Indira Gandhi (1966) Deve Gowda (1996) I K Gujral (1997) Manmohan
Singh (2004) were the members of Rajya Sabha.
Term:As long as the Prime Minister enjoys the majority support in the Lok
Sabha, he cannot be removed by the President.

Salary:This is determined by the Parliament from time to time.

Resignation:The PM submits the resignation to the President.

FUNCTIONS OF THE PRIME MINISTER:

The PM recommends to the President about the members who can be appointed
as the Ministers.
Note: The President appoints only those persons as Ministers who are
recommended by the Prime Minister.
The PM allocates various portfolios among the Ministers.
The PM reshuffles the portfolios.
The PM asks a Minister to resign.
The PM advises the President to remove a Minister.
The PM presides over the meeting of Council of Ministers.
The PM is the principal channel of communication between the President and the
Council of Ministers.


It shall be the duty of the Prime Minister to communicate to the President
all decisions of the Council of Ministers relating to the administration of the
affairs of the Government and proposals for the legislation.

The PM advises the President with respect to the appointment of Attorney


General, Union Public Service Commission Chairman and Members,
Comptroller and Auditor General, Chief Election Commissioner and other
Election Commissioners, Chairman and members of Finance Commission etc.
The PM recommends the President for the dissolution of Lok Sabha.

The PM is the Chairman of


Planning Commission
National Development Council
National Integration Council
National Population Council
Inter State Council
National Water Resource Council
National Disaster management etc

THE COUNCIL OF MINISTERS:

The Council of Ministers is headed by the PM.

Article 74(1) of the Indian Constitution: There shall be a Council of


Ministers headed by the PM to aid and advice the President.

APPOINTMENT:

Article 75 (1):The PM is appointed by the President and other


Ministers are also appointed by the President on the advice of the PM.

A Minister (PM is also a Minister) must be a member of either


Loksabha or Rajya Sabha.

Article 75 (5):If a person who is not a member of either of the


houses of the parliament is appointed as the Minister, must become a
member of either of the houses of the Parliament with in a period of 6
months from the date appointment as the Minister.

Article 75 (4): The oath of office of a Minister is


administered by the President.

STRENGTH:

The original Constitution did not mention about


the strength of the Council of Ministers.

After the 91stamendment act (2003) the strength


of the Council of Minister including the Prime
Minister should not exceed 15 percent of the total
strength of the Lok Sabha (Article 75 (1A))

SALARY:

1.This is decided by the Parliament from time to


time.

2.A minister gets the salary and allowances of


that are payable to a Member of Parliament.
Additionally he gets a sumptuary allowance
according to his rank, free accommodation,
Travelling allowance, medical facilities etc.

A Minister is individually responsibility to the


President.

A minister is individually responsible


to the President. A Minister submits
the resignation to the President. The
President can remove a Minister only
on the advice of the PM.

The Council of Ministers is


collectively responsible to the
Loksabha.

DEPUTY PRIME MINISTER:

The office the Deputy Minister is not mentioned in the Constitution.

Note:Except Prime Minister no other Minister is minister is


mentioned in the Constitution.

So far 6 persons served as the Deputy Prime Ministers of India.

Sardar Vallbhbhai Patel


Morarji Desai
Charan Singh
Babu Jagjeevan Ram
Devi Lal
LK Advani

The word Cabinet is not originally mentioned in the


Constitution. It was added in Article 352 in the year 1978
through 44thamendment.

PRIME MINISTERS

Jawaharlal Nehru 1947-1964


Gulzari lal Nanda 1964 (Acting)
Lal Bahadur Shasktri 1964-66
Gulzari Lal Nanda 1966(Acting)
Indira Gandhi 1966-1977
Morarji Desai 1977-1979
Charan Singh 1979-1980
Indira Gandhi 1980-1984
Rajiv Gandhi 1984-1989
Vishwanath Pratap Singh 1989-1990
Chandra Sekhar 1990-1991
P.V.Narasimharao 1991-1996
A.B.Vajpayee 1996 (for 13 days)
H.D.Deva Gowda 1996-1997
I.K.Gujral 1997-1998
A.B.Vajpayee 1998-2004
Dr. Manmohan Singh 2004 - 2014
Narendra Modi 2014 - till date


Charan Singh was the only Prime Minister, under whose
regime Parliament never met.

Guljari Lal Nanda was the only interim Prime Minister for 2
times.

Sardar Vallabhbhai Patel was the first Deputy Prime Minister


of India from 1947 50.

Morarji Desai was the first Deputy Prime Minister after the
commencement of the Constitution.

Devilal was the Deputy Prime Minister for 2 times. 1989 and
1990 under the two Prime Ministers V P Singh and Chandra
Shekar.

L K Advani was the last Deputy Prime Minister of India.

SUPREME COURT
The Supreme Court came into existence on January 28, 1950.

The Supreme Court is the apex court (top most in the hierarchy) in
the country.

The High Courts are below the Supreme Court.

Under the High Court there is a system of subordinate courts.


(District Courts and other lower courts).

The Supreme Court is the guardian of the Constitution.

The Supreme Court is the guarantor and protector of the


Fundamental Rights of the citizens.

No Supreme Court judge was removed so far in independent India.

STRENGTH OF SUPREME COURT:

The present strength of Supreme


Court is thirty one (31).

QUALIFICATIONS OF JUDGES OF THE SUPREME COURT:

Should be a citizen of India.

Should have been a judge of a High Court(s) for


five (5) years.
(OR)
Should have been an advocate of High Court(s)
for ten (10) years.
(OR)
Should have been a distinguished jurist in the
opinion of the President.
(Note:The Constitution has not prescribed a
minimum age for appointment of a judge of the
Supreme Court).

APPOINTMENT OF JUDGES:

The judges of the Supreme Court are appointed


by the President.

The Chief Justice of India (CJI) is appointed by the


President after consultation with other judges of the
Supreme Court and High Courts as the President
deems necessary.
(IMPORTANT:While appointing the other judges
of the Supreme Court the consultation with the
Chief Justice of India is obligatory for the President).

OATH:

Oath of office is administered by the President of India.

In the absence of the President some other person appointed by the President
would perform the same.

TENURE (TERM):

A judge holds the office till he/she attains the age of 65 years.

SALARY:

The salaries, privileges, leaves and pensions of the Supreme Court are
determined by the Parliament from time to time.
At present the salary of the Chief Justice of India is Rs.1, 00,000/-(One Lakh).

The Salary of other Judge of the Supreme Court is90,000/-(Ninety Thousands).

RESIGNATION:
A judge submits the resignation to the President of India.

IMPEACHMENT OR REMOVAL:

A judge of the Supreme Court can be removed through impeachment.

A judge can be removed from the office by the President on the recommendation by the Parliament.

There are two grounds that are mentioned in the Constitution for the removal of judge of the Supreme Court.

Proved Misbehavior (OR)Incapacity.

The removal procedure of a Judge of the Supreme Court is initiated either in the Lok Sabha or in the Rajya
Sabha.

If the procedure begins in Lok Sabha.

A removal motion of a Supreme Court judge is signed by 100 members in the case of Lok Sabha.

The signed removal motion is to be given to the Speaker.

The speaker may admit or refuse to admit the same.

If it is admitted the speaker constitutes a three member committee to investigate into the charges.

The committee should consist of

vthe CJI(OR)a judge of the Supreme Court

va chief justice of a high court

vA distinguished jurist.

If the committee finds the judge to be guilty of


misbehavior or suffering from incapacity the Lok
Sabha can take up the consideration of the motion.

After it is passed in Lok Sabha with a special


majority the motion is presented to the Rajya Sabha.

If it is also passed in the Rajya Sabha with a


special majority an address is presented to the
President for the removal of the judge.

The President passes an order removing the


judge.

If the procedure begins in Rajya


Sabha.

A removal motion of a Supreme


Court judge is signed by 50 members
in the case of Rajya Sabha.

HIGH COURT

The High Court occupies the top position in the judicial


administration of state.

Thefirst High Courtswere set up in India inCalcutta,


Bombay and Madrasin 1862.

In the year 1866 the fourth High Court was set up in Allahabad.

The 7thamendment (1956) Act authorized the Parliament to


establish a common High Court for 2 or more states.

At present there are24 High Courtsin the country.

The salaries, allowances and pensions of the High Court judges


are determined from time to time by the Parliament.

QUALIFICATIONS OF JUDGES OF THE HIGH COURT:

Should be a citizen of India.

Should have held a judicial office in the territory of


India for 10 years.

(OR)

Should have been an advocate of a High Court for


ten (10) years.


APPOINTMENT OF JUDGES:

The judges of the High Court are appointed by the


President.

The Chief Justice (CJ) is appointed by the President


after consultation with the CJI and the Governor of the
concerned state.

In case of common High Court for 2 or more states


the Governors of all the states are concerned by the
President.

OATH:

Oath of office is administered by the


Governor of the concerned state.

In the absence of the Governor


some other person appointed by the
President would perform the same.

TENURE (TERM):
A judge of High Court holds the office till he/she attains the age of 62 years.

Note: Through 15thAmendment Act of 1963 the retirement age of the High Court judges
has been increased from 60 to 62 years.

SALARY:

Determined by the Parliament from time to time.

At present the salary of the Chief Justice of High Court Rs.90,000/-(Ninety Thousands).

The Salary of other Judge of the High Court is80,000/-(Eighty Thousands).

The salaries of the High Court judges are charged on the Consolidated Fund of the state.

(Note: Salaries decided by the Parliament and given by the states). Note: Salaries are
paid by the States and pension by the Central Government.

Note: For Supreme Court both the salary and the pension is paid by the central
government.

RESIGNATION:

A judge of High Court submits the resignation to the


President of India.

IMPEACHMENT

A judge can be removed from the office by the


President on the recommendation by the Parliament.

(Removed in the same manner like that of a


Supreme Court).

GOVERNOR

The Governor is the Constitutional head of the state.

APPOINTMENT: The Governor of a state is appointed by the


President.

OATH OF OFFICE:
The oath of office of the Governor is administered by the Chief
Justice of the concerned High Court.
QUALIFICATIONS:
He should be a citizen of India.

He should have completed the age of 35 years.

The Governor is entitled without the payment of rent to the use


of Raj Bhavan (Official residence).

SALARY:
The salary and other allowances are decided by the
parliament.
At present the salary of the Governor of a state is Rs.1,10,000/-.

TERM:
The Governor holds the office during the pleasure of the
president.

REMOVAL:
The Governor may be removed by the President at any time.

The Governor has no fixed term of office.

RESIGNATION:
The Governor submits the resignation to the President of
India.

TRANSFER:

The President may transfer a Governor from


one state to the other.

REAPPOINTMENT:

The President may reappoint a person as the


Governor of the same state or transfer to the
other state.

FUNCTIONS:
1. The functions of a Governor are
similar to that of the President of India.
2. Executive
3. Legislative
4. Judicial
5. Financial functions.
6. But the Governor does not have
diplomatic, military and Emergency
powers like that of the president of
India

EXECUTIVE POWERS OF THE GOVERNOR:

The Governor of a state appoints

The Chief Minister and other Ministers.

Advocate General

State election commissioner

The Chairman and members of the state public service commission

Recommends for the Presidents rule in the state.

Vice Chancellors of various universities in the state.

Himself acts as the Chancellor of Universities in the state.

LEGISLATIVE POWERS OF THE GOVERNOR:


The Governor is a part of State Legislature.

(State Legislature means the assembly, the Legislative Council and the Governor if
it is bicameral legislature. In case of unicameral legislature it is the State legislative
assembly and the Governor ).

The Governor summons the State Legislature. Summonmeans beginning of a


session.

The Governor Prorogues the State Legislature.Proroguemeans ending of a


session.

The Governor dissolves the State Legislative Assembly.

Note:The Legislative Council is a permanent house it cannot be dissolved. But it


can be abolished.

The Governor addresses the state legislature at the beginning of the first session
each year.

Note:Here the meaning of year is calendar year and not financial year. This is
generally the budget session that starts in the month of February.


The Governornominates one Anglo-Indianto the state legislative
Assembly.
TheGovernor nominates 1/6thof the members to the state legislative
Council from amongst the persons having special knowledge or practical
experience in
Science,Arts,Literature,Social Service,Cooperative Movement

The Governor decides the question of disqualification of the members of


the State Legislature in consultation with the Election Commission. (Central
Election Commission not State Election Commission).
A bill becomes a law with the assent of the Governor.
When a bill is sent to the Governor, then the Governor can
Give assent to the bill
OR
Withhold the assent to the bill.
OR
If the bill is not a money bill the Governor can return the bill for
reconsideration. If the bill is passed by the state legislature agsin with or
without amendments then the Governor has to give assent to the bill.
Note:Money bills cannot be sent back by the Governor for
reconsideration.

OR

The Governor may reserve the bill for the consideration of the President. This happens in case if the
bill passed by the state legislature endangers the position of the state High Court

or

if the bill is against the provisions of the Constitution

or

Opposed to the Directive Principles of State Policy

or

Against the larger interest of the country

or

Dealing with the compulsory acquisition of the property under Article 31A of the Indian Constitution.

The Governor of a state can promulgate the ordinances when the state legislature is not in the
session. (Article 213).

Ordinance: This is a temporary law. This must be approved by the State legislature within six weeks
from the date of reassembly of the state legislature.

The Governor can also withdraw an ordinance anytime

FINANCIAL POWERS OF THE GOVERNOR:

The Governor sees that the budget (Annual Financial Statement) is


laid before the State Legislature.

The Money bills can be introduced in the State Legislature only on


the prior recommendation of the Governor.

No demand for a grant can be made except on the


recommendation of the Governor.

The Governor can make advances out of theContingency Fund


of a Stateto meet any unforeseen expenditure.

The Governor constitutes aState Finance Commissionafter


every five years to review the financial position of the Panchayats and
the Municipalities.

IMPORTANT ARTICLES RELATED TO THE GOVERNOR:

Article 153:There shall be a Governor for each state.

Article 154:The executive power of the state shall be


vested in the Governor and shall be exercised by him
either directly or through officers subordinate to him in
accordance with the constitution.

Article 155:The Governor is appointed by the


President.

JUDICIAL POWERS OF THEGOVERNOR:

The Governor can grant Pardons, reprieves, respites and


remissions of punishments or suspend, remit and commute the
sentence of any person convicted of any offence against any law
relating to a matter to which the executive power of the state
extends.

The GovernorcannotPardon a death Sentence. (The President


has the power of Pardon a death Sentence).

The Governorcannotgrant pardon, reprieve, respite,


suspension, remission or commutation in respect to punishment or
sentence by a court martial. (The President of India enjoys this
power).

The Governor takes decisions with relation to the appointments,


postings, promotions of the District Court judges in consultation
with the state High Court.

STATE LEGISLATURE

Parliament means the Lok Sabha, the Rajya Sabha and


the President.

SimilarlyState Legislature means

The State Legislative Assembly or Lower House

The State Legislative Council or Upper House

And

The Governor

HOW THE STATE LEGISLATIVE COUNCIL IS CREATED


/ ABOLISHED?

ARTICLE 169:The Parliament is empowered to establish or


abolish a state legislative council.

The state assembly if passes a resolution by a special majority.

If the Parliament by a majority (simple) accepts the same then


the legislative council can be established.

NOTE:Through the same process a legislative council can be


abolished.

ALSO NOTE:This is not an amendment of the constitution


under Article 368. This is passes like an ordinary legislation.

ASSEMBLY:

STRENGTH: (NUMBER OF MEMBERS)

The minimum strength of assembly is60.

The maximum strength of assembly is500.

The strength of assembly varies from state to state depending on the population.

The strength of Uttar Pradesh assembly is 403. (Highest population)

The strength of Sikkim assembly is 32. (Lowest population).

Did you notice that the strength of some of the assemblies like Arunachal Pradesh,
Sikkim, Goa, Mizoram, and Nagaland etc in the country isless than 60?

In case of Nagaland the minimum strength is fixed at 46.

In case of Mizoram the minimum strength is fixed at 40.

In case of Arunachal Pradesh, Goa and Sikkim the minimum strength is fixed at 30.

ELECTION:

All the members in the assembly are directly elected by the people.

The Governor nominates one member from the Anglo-Indian


community.

RESERVATION:

The seats are reserved for scheduled castes and scheduled tribes
in the assembly on the basis of population ratio.

TERM:

The term of legislative assembly is 5 years.

Even before the completion of the term of 5 years the assembly


may be dissolved by the Governor.

CAN THE TERM OF ASSEMBLY IS EXTENDED ?

The term of assembly can be extended by 1


year during the period of National emergency.

This period can be extended by any number of


times but not more than 1 year at a time.

The extension cannot be continued beyond a


period of 6 months after the emergency has
ceased to operate.

QUALIFICATIONS FOR LEGISLATIVE ASSEMBLY:

He must be a citizen of India.

He must not be less than 25 years of age.

He must possess other qualifications prescribed by the Parliament.

As per the point number 3, the parliament has laid down the additional
qualifications.

The additional qualifications are mentioned in the Representation of Peoples


Act of 1951.

DISQUALIFICATIONS:

Note: The disqualifications are same like that of a member of the Parliament.

If he holds any office of profit under the Union or State government.

EXCEPTION:A Minister in the union or state government is not considered as


holding an office of profit.

Note:The disqualification of a member is decided by the Governor after


obtaining the opinion of the Election Commission.
SALARY:

The salary of the members of legislative assembly is decided by the state


legislature.

RESIGNATION:

A member of legislative assembly submits the resignation to the speaker.

SPEAKER:

QUALIFICATIONS:

He must be a member of the legislative assembly.

ELECTION:

The speaker is elected from amongst the members of state legislative assembly.


RESIGNATION:

Speaker submits the resignation letter to the Deputy Speaker.

VACANCY IN THE OFFICE OF THE SPEAKER:

If the speaker ceases to be a member of assembly he deemed to be vacated the seat.

If he resigns then there is a vacancy in the office of the speaker.

If the speaker is removed by a resolution passed by a majority of all the then members of the assembly,
then there is a vacancy in the office of the speaker.

REMOVAL PROCEDURE OF THE SPEAKER:

The speaker can be removed from the office after giving 14 days advance notice.During this period the
speaker cannot act as the speaker.

Instead the deputy speaker acts as the Speaker.

After 14 days if a resolution is passes by a majority of all the then members of the assembly, the
speaker is considered to be removed from the office.

FUNCTIONS OF THE SPEAKER:

The most important function of the Speaker is to maintain decency and decorum in the assembly.
The Speaker adjourns the assembly or suspends the meeting in the absence of quorum.
The speaker decides whether a bill is money bill or not and the decision of the speaker is final.

DEPUTY SPEAKER:

QUALIFICATIONS:

The deputy speaker must be a member of Assembly.

The deputy speaker is elected from amongst the members.


FUNCTIONS OF THE DEPUTY SPEAKER:

He acts as the speaker in the absence of the speaker.

RESIGNATION:

The deputy speaker submits the resignation to the speaker.

LEGISLATIVE COUNCIL:

STRENGTH: (NUMBER OF MEMBERS)

The minimum strength is 40.

The maximum strength is1/3rdof the total strength of the assembly.

In between the maximum and minimum the strength is fixed by the parliament.

ELECTION:

The members of legislative council are elected indirectly.

NOMINATION:

1/6thof the total strength are nominated by the Governor.

ELECTION PROCEDURE:

The members are elected in accordance with system of proportional representation by means of a single transferable
vote.

1/3rdare elected by the members of local bodies like municipalities, district boards etc.

1/3rdare elected by the MLAs (Members of Legislative Assemblies).

1/12thare elected by graduates.

1/12thare elected by teachers.

1/6thare nominated by the governor.

TERM OF LEGISLATIVE COUNCIL:

It is a permanent house and subjected to dissolution.

Note:It may be abolished.

1/3rdmembers retire at the end ofevery second year.

The term of a member of legislative council is6 years.

The retiring members are eligible for reelection.

QUALIFICATIONS FOR LEGISLATIVE COUNCIL:

He must be a citizen of India.

He must not be less than 30 years of age.

He must possess other qualifications prescribed by the Parliament.


RESIGNATION:

An MLC submits the resignation to the Chairman of the


legislative council.

CHAIRMAN OF LEGISLATIVE COUNCIL:

The chairman of the legislative councilmust be a


memberof the legislative council.

The chairman is elected from amongst the members.

Note:This is unlike Rajya Sabha, where the Chairman


is not a member of the Rajya Sabha.

DEPUTY CHAIRMAN OF THE LEGISLATIVE


COUNCIL:

The deputy chairmanmust be a memberof the


legislative council.

The deputy chairman is elected from amongst the


members of the council.

RESIGNATION:

The deputy chairman submits the resignation to the


chairman.

HOW THE BILLS ARE PASSED IN THE STATE


LEGISLATURE?

The bills at the state level are divided into 2 categories.

Ordinary bills

Money bills

Note:In case of unicameral legislature all the bills are


introduced in the assembly, if it is passes the bill will be
forwarded to the Governor for his assent.


WHERE IS THE ULTIMATE AUTHORITY LIES?

The ultimate power to pass a bill lies with the assembly.

In case of dead lock there is no provision of the joint sitting like in Parliament.

What is dead lock?

This is a situation where a bill is passed by one house and rejected by the other.

On the other hand the bill that is originated in the legislative council is passed and
sent to the assembly, if rejected by the assembly the bill is considered to be rejected
and the bill becomes dead.

ATTORNEY GENERAL OF INDIA


The Attorney General is the first law officer of the Country.
He is the chief advisor to the government of India in all legal matters.
Article 76 of the Constitution of India provides for the office of the
Attorney General of India.

APPOINTMENT:

The Attorney General of India is appointed by the President.

QUALIFICATIONS:

Citizen of India.
Qualified to be appointed as a judge of the Supreme Court.

TERM:

The term of office not mentioned in the Constitution,holds the office


during the pleasure of the President.

REMOVAL:

The Attorney General of India is removed by the President of India.


The Procedure and the grounds for the removal of the Attorney General is
not mentioned in the Constitution.

RESIGNATION:
The Attorney General submits the resignation to the President of India.

SALARY:
The salary of the Attorney General is decided by the President from time to
time. Generally it is equal to that of salary of the Supreme Court judge.
FUNCTIONS:
First law officer of the country.
The Attorney General of India has the right to speak and take part in the
proceedings of both the houses of Parliament or in the joint session of the
parliament without a right to vote.
Note:Only the members of the Parliament have the right to vote in their
respective house.
Gives advice to the Government of India upon such legal matters which are
referred by the President.

CHIEF MINISTER

The Governor is thedejure(nominal) head.

The Chief Minister is thedefacto(real) head.

The Governor is thehead of the state.

The Chief Minister is thehead of the Government.

APPOINTMENT:

The Chief Minister is appointed by the Governor.


Other Ministers are also appointed by the Governor
only on the advice of the Chief Minister.

ARTICLE 164:

a.The Chief Minister shall be appointed by the Governor and


other ministers shall be appointed by the Governor on the advice
of the Chief Minister.

b.The Ministers shall hold the office during the pleasure of the
Governor.

c.The Council of Ministers shall be collectively responsible to


the state legislative assembly.

To uphold the democratic principles the Governor appoints the


leader of themajority partyin the state legislative assembly as
the Chief Minister.


Incase no party has the majoritythen the Governor uses
thediscretionarypowers.

The general principle is that the Governor invites thecoalition


groupto form the government.

Note:In coalition government there areminimum 2 partiesin the


government.

If there is no possibility of the formation of the government by


group of parties then the Governor invites thesingle largest
partyto form the government.

If the single largest party refuses to form the government then he


invites the second largest party to form the government.

If no partycomes forward to form the government then the


Governor recommends for the proclamation of thePresidents Rule.

A person who is not a member of the


state legislature can be appointed as the
Chief Minister. He should become a
member of either of the houses of the
state legislature within six months, failing
which he ceases to be the Chief Minister.

The Chief Ministermay be the


member of any of the two housesof
a state legislature.


OATH OF OFFICE:
The oath of office to the Chief Minister is administered by the
Governor.

TERM:
The Chief Minister holds the office during the pleasure of the
Governor.

RESIGNATION:

The Chief Minister submits the resignation to the Governor.

REMOVAL:

The Chief Minister is removed by the Governor.


The Chief Minister cannot be removed as long as he enjoys the
majority of the House. (This was ruled by the Supreme Court in 1994
in S R Bommai V. Union of India case).


SALARY:

The salary and other allowances of the Chief Minister are determined by the state legislature.

FUNCTIONS:

The CM is the head of the Council of Ministers.

The CM presides over the meeting of the Council of Ministers.

The CM advises the Governor to appoint other Ministers.

The CM decides the allocation of the portfolios among various the ministers.

Note:Portfolio means Ministry. One minister can hold more than one portfolio.

The CM reshuffles the portfolios.

The CM advices the minister to resign.

The CM advices Governor to accept resignation letter of a minister.

The CM advices the Governor to dismiss a minister in case he does not tender resignation letter
even after advice by the Chief Minister.

The Chief Minister is the channel of communication between the Governor and the council of
ministers.

TheSPSC(State Public Service commission) Chairman and


members are appointed by the Governor on the advice of the CM.

The SFC (State Finance Commission) Chairman and the


members are appointed by the Governor on the advice of the CM.

The SEC (State Election Commissioner) is appointed by the


Governor on the advice of the CM.

The CM is the ex-officio chairman of theState Planning Board

The CM is a member of NDC (National Development Council).

The CM is a member of ISC(Inter State Council).

The CM is a member of NIC(National Integration Council).

ELECTION COMMISSION OF INDIA

The Election commission is a constitutional body that is entrusted with the responsibility of conducting
free and fair elections in the country.

On October 16, 1989 for the first time the President appointed 2 election commissioners.

NOTE: The two election commissioners were appointed to cope with increased work of the election
commission on the account of lowering voting age from 21 to 18.
This was done through 61stamendment act of 1988 and came into force in 1989.

In October 1993 the President (Dr Shankar Dayal Sharma) appointed two more election
commissioners.Since then the election commission is a multi member body.

Article 324: It provides the power of superintendence, direction and control of elections to the Parliament,
state legislatures, the office of the President of India and the Vice president of India

Note:Panchayats and Municipalities elections are conducted by the respective State Election
Commissions.
COMPOSITION OF ELECTION

COMMISSION:

There is a Chief Election Commissioner.

There are some other members called election commissioners.

Note:The President decides the strength from time to time.

APPOINTMENT:

The Chief Election Commissioner and other Election Commissioners are appointed by the President of India.

Qualifications:

The qualifications of the members of the election commission arenotprescribed in the constitution.

TERM OR TENURE:

The term and other conditions are decided by the President after a law is passed by the Parliament to that effect.

CHAIRMAN OF ELECTION COMMISSION:

The Chief Election Commissioner acts as the Chairman of the Commission when any other election commissioner
is appointed.

RESIGNATION:

The Chief Election Commissioner and other Election Commissioners submit the resignation letter to the
President.

REMOVAL OF CHIEF ELECTIONCOMMISSIONER:

The Chief Election Commissioner is removed in the same manner like that of a judge of Supreme Court.

REMOVAL OF OTHER ELECTION COMMISSIONERS:

Other Election Commissioners are removed by the President only on the recommendation of the Chief Election
Commissioner.
But, the advice of the Chief Election Commissioner isnotbinding on the President.

FUNCTIONS OF ELECTION COMMISSION:

The election commissionprepares and revisesthe electoral rolls (voters List).

The election Commission willnotifythe dates and schedules the elections.

The election commissionscrutinizesthe nomination papers.

The election commissionrecognizesthe political parties.

The election commissionallotsthe election symbols to the political parties and


also to the independent candidates.

The election commission determines thecode of conductto be observed by the


parties and the candidates at the time of elections.

The election commission advices the President in the matter relating to the
disqualification of the members of Parliament. (Lok Sabha and Rajya Sabha).

The election commission advices the Governor of a state in the matter relating to
the disqualification of the members of state Legislature.

The Election Commission recognizes the political parties as National party or


Regional (state) party.

UNION PUBLIC SERVICE COMMISSION: (UPSC)


Article 315: There shall be a Public Service commission for the Union and Public service
Commission for each state.

UPSC is a Constitutional body.

The UPSC conduct examinations for All India Services and other central services.

WHAT ARE ALL INDIA SERVICES?


These are the services recruited by the central government but, posted in the states and
salary is also paid by the states.
There are 3 All India Services in India.
IAS Indian Administrative Service,IPS Indian Police Service, IFS IndianForestService
COMPOSITION:
The UPSC consists of a chairman and some other members.

APPOINTMENT:
The Chairman and other members are appointed by the President.
STRENGTH (NUMBER OF MEMBERS):
The strength is decided by the President of India.
In general the UPSC consists of 9 to 11 members including the Chairman.

TERM:
The Chairman or other members hold office for a term of
6 years
OR

Until they attain the age of 65 years, whichever is earlier.

After completion of the term the Chairman or other


membera, arenot eligiblefor reappointment in the same
position.

RESIGNATION:

The Chairman or members submit the resignation to the


President of India.

COMPTROLLER AND AUDITOR


GENERAL

DR B R AMBEDKAR:The CAG is the most important officer


under the constitution of India.

CAG is the head of Indian Audit and Accounts Department.


The CAG is the guardian of Public purse (government
money).
The CAG is an agent of the Parliament.
The CAG is the Watchdog of the Indian Public Finances.

APPOINTMENT: The CAG is appointed by the President.

TENURE: The CAG holds the office for a period of 6 years


OR
Up to the age of 65 years whichever is earlier.

RESIGNATION:
The CAG submits the resignation letter to the President.

REMOVAL:
The CAG is removed by the President of India in the same manner and
same grounds as a judge of Supreme Court.

SALARY:
The Salary and other service conditions of CAG are decided by the
Parliament.

AFTER RETIREMENT:
The CAG after retirement is not eligible for further office either under the
government of India or government of a state.

FUNCTIONS OF CAG:
The CAG audits (verifies) the accounts related to the expenditure
incurred by the Central and State governments.
The CAG as an agent of the parliament conducts the audit of
expenditure on behalf of the Parliament.
The CAG is responsible only to the Parliament.


SUBMISSION OF REPORT BY THE CAG:

CENTRAL GOVERNMENT REPORT:

The CAG submits the report relating to the accounts of


the central government to the President of India.
The President places the report in the parliament.

STATE GOVERNMENT REPORT:

The CAG submits the report relating to the accounts of


the state government to the Governor of the concerned
state.
The Governor places the report in the State Legislature.

Local Self-Governance

Panchayati Raj
The Panchayati Raj System is the first
tier or level of democratic government.
The term Panchayati Raj in India signifies
the system of rural local self-government.
It was constitutionalized through the 73rd
Constitutional Amendment Act of
1992.
Rajasthan was the first state to set up
Panchayati Raj System in 1959 followed
by Andhra Pradesh.

BEFORE PANCHAYATI RAJ:

The government has


launchedCommunity Development
Programme (CDP)in the year 1952.

The government has


launchedNational Extension
Service (NES)in the year 1953.

Compulsory Provisions for Panchayati Raj


Institutions
1. Organisation of Gram Sabha in a village or group of
villages.
2. Establishment of Panchayats at the village, intermediate
and district levels.
3. 21 years to be the minimum age for contesting
elections to Panchayats.
4. Reservation of seats (both members and chairpersons)
for SCs and STs in Panchayats at all the three levels.
5. Reservation of one-third seats (both members and
chairpersons) for women in Panchayats at all the three
levels.

6. Fixing tenure of five years for


Panchayats at all levels and holding fresh
elections within six months in the event of
supersession of any Panchayat.
7. Establishment of a State Election
Commission for conducting elections to
the Panchayats.
8. Constitution of a State Finance
Commission after every five years to
review the financial position of the
panchayats.

Organisational Struture
(i) Gram Panchayat at the Village level
The members of the Gram Panchayat are
elected by the Gram Sabha.
The Pradhans (Presidents) of the Gram
Sabha are the ex-officio members of the
Gram Panchayat.
Note: Gram Sabha means a body
consisting of persons registered in the
electoral roles relating to a village
comprised within the area of Panchayat at
the village level.

(ii) Panchayat Samiti at the Block


level

The Panchayat Samiti has many Gram


Panchayats under it.
All the Presidents of the Panchayats
within the Block are the ex officio
members of the Panchayat Samitis.

(iii) Zila Parishad at the District level


Zila Parishad is an apex body under
the Panchayati Raj. It co-ordinates the
activities of the various Panchayat
Samitis.
Zila Parishad actually makes
developmental plans at the district level.
With the help of Panchayat Samitis, it
also regulates the money distribution
among all the Gram Panchayats.

Urban Local Governance


The term Urban Local Government in India
signifies the governance of an urban area by the
people through their elected representatives.
74th Amendment of 1992
This act has added a new Part IX-A to the
Constitution of India. In addition, the act has
also added a new Twelfth Schedule to the
Constitution.
The Amendment has added 18 new Articles
relating to urban local bodies in the Constitution.
The institutions of self government are called by
a general name Municipalities.

Three Types of
Municipalities:
The act provides for the constitution of the
following three types of municipalities in
every state:
A nagar panchayat for a transitional area,
that is, an area in transition from a rural
area to an urban area.
A municipal council for a smaller urban
area.
A municipal corporation for a larger
urban area.

Composition:
All the members of a municipality
shall be elected directly by the
people of the municipal area. For this
purpose, each municipal area shall
be divided into territorial
constituencies to be known as

wards.

Reservation of Seats: The act provides for


the reservation of seats for the scheduled
castes and the scheduled tribes in every
municipality in proportion of their population
to the total population in the municipal area.
reservation of not less than one-third of the
total number of seats for women
Duration of Municipalities: The act
provides for a five year term of office for
every municipality. However, it can be
dissolved before the completion of its term.

Terminologies

JURISDICTION OF THE SUPREME COURT:


a) Original Jurisdiction:
1. Original Jurisdiction means that certain types of
cases can originate with the Supreme Court only
2. The Supreme Court has original jurisdiction in
a) Disputes between the Centre and one or more
states.
b) Disputes between the Centre and any state(s) on
one side and one or more states on the other side.
c) Disputes between two or more states.
d) Disputes regarding the enforcement of
Fundamental Rights.

b) Appellate Jurisdiction:
Appellate Jurisdiction means that appeals
against judgements of lower courts can be
referred to SC as the Supreme Court is the
highest court of appeal in the country.
c) Advisory Jurisdiction:
1. Advisory Jurisdiction refers to the process
where the President seeks the Courts advice
on legal matters.
2. If the President asks for advice from the
Supreme Court, the Court is duty-bound to
give it. However, it is not binding on the
President to accept the advice.

Writs in Indian Constitution


As per the Right to Constitutional RemediesArticles 32-35, A citizen has right to move to
the courts for securing the fundamental
rights.
Citizens can go to the Supreme Court or the
high Courts for getting their fundamental
rights enforced. It empowers the Courts to
issue directions or orders or writs for this
purpose. Writs are issued for enforcement of
FUNDAMENTAL RIGHTS BY EITHER SC or HC.

1. Writ of Habeas Corpus :


(a) Habeas Corpus means you may have the body.
(b) This ensures that a prisoner can be released from
unlawful detentionthat is, detention lacking
sufficient cause or evidence.
2. Writ of Quo Warranto :
(a) The meaning of the term Quo Warranto is by
what authority.
(b) The writ shall be issued only when the public
office is held by a particular person in an illegal
manner.
(c) If a person has usurped a public office, the Court
may direct him not to carry out any activities in the
office or may announce the office to be vacant

3. Writ of Mandamus :
(a) A writ of mandamus is an order issued by a superior court to a
lower court or other entity commanding the lower court,
corporation or public authority to perform or not perform specific
acts.
(b) It cannot be issued to compel an authority to do something
against statutory provision.
(c) For example, it cannot be used to force a lower court to reject
or authorize applications that have been made, but if the court
refuses to rule one way or the other then a mandamus can be
used to order the court to rule on the applications
4. Writ of Certiorari :
(a) It is a writ (order) of a higher court to a lower court to send all
the documents in a case to it so the higher court can review the
lower courts decision.
(b) It is a writ seeking judicial review.
(c) The granting of this writ does not necessarily mean that the
Supreme Court disagrees with the decision of the lower court.

5. Writ of Prohibition :
(a) A writ of prohibition is issued
primarily to prevent an inferior court
from exceeding its jurisdiction

State Public Service Commission


A state public service commission consists of a
chairman and other members appointed by the
governor of the state. But they can be removed
only by the President.
It is an independent constitutional body.
The chairman and members of the commission
hold office for a term of six years or until they
attain the age of 62 years, whichever is earlier.
The main function of SPSC is to conduct
examinations for appointments to the services
of the state.

Political Parties
A recognised political party has been classified either as a
national party or a state party. Recognition to a party is
granted by the Election Commission of India.
Conditions for Recognition as a National Party
A party is recognized as a national party if any of the
following conditions is fulfilled:
1. If it wins 2% of seats in Lok Sabha at a general election;and
these candidates are elected from three states;

or
2. If it secures 6% of valid votes polled in any four or more states at
a general election to the Lok Sbha or to the legislative assembly;
and in addition, it wins four seats in the Lok Sabha from any state
or states;

or
3. If it is recognized as state party in your states.

The first hour of a sitting of the House normally allotted


for asking and answering of questions-Question Hour
Starred and Unstarred Questions
A starred question is one to which a member desires an
oral answer in the House. Answer to such a question
may be followed by five supplementary questions by
other members.
An unstarred question is one to which written answer is
desired by the Member. No supplementary questions
can be asked there on.

Adjournment Motions
An adjournment motion is an extraordinary procedure which if admitted
leads to setting aside the normal
business of the House for discussing
a definite matter of Urgent Public
importance.

Privilege Motion
A privilege motion is a notice by any member of
either House of a state legislature or Parliament,
against anyone who are accused of breach of
privilege. Parliamentary privileges are certain
rights and immunities enjoyed by MPs, MLAs and
MLCs, individually and collectively, so that they
can effectively discharge their functions. When
any of these rights and immunities is disregarded,
the offence is called a breach of privilege and is
punishable under law of Parliament or the state
legislature

Zero Hour:
The time immediately following the
QuestionHourhas come to be known as "Zero
Hour". It starts at around 12 noon (hence the
name) and members can, with prior notice to the
Speaker, raise issues of importance during this
time.

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