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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.
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).
QUALIFICATIONS:
Should be a citizen of India.
TERM: 5 years.
The reasons for the removal of the Vice President are not mentioned in
the Constitution.
Note: The sitting Vice President Hamid Ansari reelected to the office for
the second term in the year 2012.
VACANCY:
2.By death
3.By resignation
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:
VICE-PRESIDENTS OF INDIA
Dr.Sarvepalli Radhakrishnan 1952-1962
B.D.Jatti 1974-1979
R. Venkataraman 1984-1987
K.R.Narayan 1992-1997
PRIME MINISTER
Appointment:
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.
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.
APPOINTMENT:
STRENGTH:
SALARY:
PRIME MINISTERS
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.
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.
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.
APPOINTMENT OF JUDGES:
OATH:
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).
RESIGNATION:
A judge submits the resignation to the President of India.
IMPEACHMENT OR REMOVAL:
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.
The removal procedure of a Judge of the Supreme Court is initiated either in the Lok Sabha or in the Rajya
Sabha.
A removal motion of a Supreme Court judge is signed by 100 members in the case of Lok Sabha.
If it is admitted the speaker constitutes a three member committee to investigate into the charges.
vA distinguished jurist.
HIGH COURT
In the year 1866 the fourth High Court was set up in Allahabad.
(OR)
APPOINTMENT OF JUDGES:
OATH:
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:
At present the salary of the Chief Justice of High Court Rs.90,000/-(Ninety 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:
IMPEACHMENT
GOVERNOR
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.
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.
RESIGNATION:
The Governor submits the resignation to the President of
India.
TRANSFER:
REAPPOINTMENT:
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
Advocate General
(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 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
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
or
or
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.
STATE LEGISLATURE
And
The Governor
ASSEMBLY:
The strength of assembly varies from state to state depending on the 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 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.
RESERVATION:
The seats are reserved for scheduled castes and scheduled tribes
in the assembly on the basis of population ratio.
TERM:
As per the point number 3, the parliament has laid down the additional
qualifications.
DISQUALIFICATIONS:
Note: The disqualifications are same like that of a member of the Parliament.
RESIGNATION:
SPEAKER:
QUALIFICATIONS:
ELECTION:
The speaker is elected from amongst the members of state legislative assembly.
RESIGNATION:
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.
The speaker can be removed from the office after giving 14 days advance notice.During this period the
speaker cannot act 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.
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:
RESIGNATION:
LEGISLATIVE COUNCIL:
In between the maximum and minimum the strength is fixed by the parliament.
ELECTION:
NOMINATION:
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.
RESIGNATION:
RESIGNATION:
Ordinary bills
Money bills
WHERE IS THE ULTIMATE AUTHORITY LIES?
In case of dead lock there is no provision of the joint sitting like in Parliament.
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.
APPOINTMENT:
QUALIFICATIONS:
Citizen of India.
Qualified to be appointed as a judge of the Supreme Court.
TERM:
REMOVAL:
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
APPOINTMENT:
ARTICLE 164:
b.The Ministers shall hold the office during the pleasure of the
Governor.
Incase no party has the majoritythen the Governor uses
thediscretionarypowers.
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:
REMOVAL:
SALARY:
The salary and other allowances of the Chief Minister are determined by the state legislature.
FUNCTIONS:
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 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.
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:
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.
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.
The Chief Election Commissioner is removed in the same manner like that of a judge of Supreme Court.
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.
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 UPSC conduct examinations for All India Services and other central services.
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
RESIGNATION:
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:
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.
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.
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.
Terminologies
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.
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
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.
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.