INDIAN POLITY AND COSTITUTION

VEDANTA INSTITUTE

SCO 205 FIRST FLOOR, SECTOR 36-D, CHANDIGARH

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INDIAN POLITY AND COSTITUTION

1. The constituent assembly was formed on the recommendation of the Cabinet Mission which visited India in 1946.

2. The Constituent Assembly met for the first time in New Delhi on 9 December, 1946 in the Constitution Hall which is now known as the Central Hall of Parliament House.

3. Mr. Sachchidanand Sinha was elected provisional chairman of the assembly.

4. Dr Rajendra Prasad later became the permanent chairman of the constituent assembly.

5. On 13 December, 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution which resolved to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution.

6. The Constituent Assembly took almost three years (two years, eleven months and seventeen days to be precise) to complete its historic task of drafting the Constitution for Independent India.

7. The Constituent Assembly held eleven sessions covering a total of 165 days.

8. India is governed in terms of the Constitution, which was adopted on 26 November, 1949, which was the last day of the Eleventh session of the Constituent Assembly.

9. This date finds mention in the Preamble to the Indian Constitution thus IN OUR CONSTITUENT ASSEMBLY this twenty‐sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

10. The honourable members appended their signatures to the constitution on 24 January, 1950.

11. The Constitution of India came into force on 26 January, 1950. On that day, the Constituent Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was

constituted in 1952.

THE PREAMBLE

The Indian Constitution starts with the preamble which outlines the main objectives of the Constitution. It reads:

"WE, THE PEOPLE OF INDIA, having solemnly resolved to

constitute India into a SOVEREIGN, SOCIALIST, SECULAR,

DEMOCRATIC, REPUBLIC and to secure 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 unity and integrity of the nation.

IN OUR CONSTITUENT ASSEMBLY, this twenty sixth day of November, 1949, do HEREBY ADOPT, "ENACT AND GIVE TO OURSELVES HIS CONSTITUTION ".

·         Idea of preamble borrowed from Constitution of US.

·         The words ‘SOCIALIST’, ‘SECULAR’ and ‘UNITY’ & ‘INTEGRITY’ were added by the 42nd Amendment in 1976.

·         Preamble is not justiciable.

BORROWED FEATURES OF CONSTITUTION

From Government of India Act, 1935

·         Federal system

·         Office of Governor

·         Emergency powers

·          

From U.K.

·         Nominal Head – President (like Queen)

·         Cabinet System of Ministers

·         Post of PM

·         Parliamentary Type of Govt.

·         Bicameral Parliament

·         Lower House more powerful

·         Council of Ministers responsible to Lowe House

·         Speaker in Lok Sabha

·          

From U.S.

·         Written Constitution

·         Executive head of state known as President and his

·         being the Supreme Commander of the Armed

·         Forces

·         Vice‐ President as the ex‐officio Chairman of Rajya

·         Sabha

·         Fundamental Rights

·         Supreme Court

·         Provision of States

·         Independence of Judiciary and judicial review

·         Preamble

·         Removal of Supreme court and High court Judges

·          

From USSR

·         Fundamental Duties

·         Five year Plan

·          

From AUSTRALIA

·         Concurrent list

·         Language of the preamble

·         Provision regarding trade, commerce and intercourse

·          

From JAPAN

·         Law on which the Supreme Court function

·          

From WEIMAR CONSTITUION OF GERMANY

·         Suspension of Fundamental Rights during the emergency

·          

From CANADA

·         Scheme of federation with a strong centre

·         Distribution of powers between centre and the states and placing. Residuary Powers with the centre

From IRELAND

·         Concept of Directive Principles of States

·         Policy(Ireland borrowed it from SPAIN)

·         Method of election of President

·         Nomination of members in the Rajya Sabha by the President

PARTS DESCRIBED IN THE CONSTITUTION

PartSubject Articles

·         Part I The Union and its territory Art. 1 to 4

·         Part II Citizenship Art. 5 to 11

·         Part III Fundamental Rights Art. 12 to 35

·         Part IV Directive Principles Art. 36 to 51

·         Part IVA Fundamental Duties Art. 51A

·         Part V The Union Art. 52 to 151

·         Part VI The States Art. 152 to 237

·         Part VII Repealed by Const. (7th Amendment) Act,1956

·         Part VIII The Union Territories Art. 239 to 242

·         Part IX The Panchayats Art. 243 to 243O

·         Part IXA The Muncipalities Art. 243P to 243ZG

·         Part IXB The Co‐operative Societies Art. 243ZH to 243ZT

·         Part X The Scheduled and Tribal Areas Art. 244 to 244A

·         Part XI Relations between the Union and the States Art. 245 to 263

·         Part XII Finance, Property, Contracts and Suits Art. 264 to 300A

·         Part XIII Trade, Commerce and Intercourse within the Territory of India Art. 301 to 307

·         Part XIV Services under the Union and the States Art. 308 to 323

·         Part XIVA Tribunals Art. 323A to 323B

·         Part XV Elections Art. 324 to 329A

·         Part XVI Special provisions relating to certain classes Art. 330 to 342

·         Part XVII Official Language Art. 343 to 351

·         Part XVIII Emergency Provisions Art. 352 to 360

·         Part XIX Miscellaneous Art. 361 to 367

·         Part XX Amendment of the Constitution Art. 368

·         Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392

·         Part XXII Short title, commencement, authoritative text in Hindi and repeals Art. 393 to 395

IMPORTANT ARTICLES IN THE INDIAN CONSTITUTION

Article Importance

·         Article 12‐35 Specify the Fundamental Rights available

·         Article 36‐50 Specify the Directive Principles of state policy

·         Article 51A Specifies the Fundamental Duties of every citizen

·         Article 80 Specifies the number of seats for the Rajya Sabha

·         Article 81 Specifies the number of seats for the Lok Sabha

·         Article 343 Hindi as official language

·         Article 356 Imposition of President’s Rule in states

·         Article 368 Amendment to the Constitution

·         Article 370 Special status to Kashmir

·         Article 395 Repeals India Independence Act and Government of India Act, 1935

BRIEF ON THE FUNDAMENTAL RIGHTS

Right to Equality

·         Article 14:‐ Equality before law and equal protection of law

·         Article 15:‐ Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.

·         Article 16:‐ Equality of opportunity in matters of public employment

·         Article 17:‐ End of untouchability

·         Article 18:‐ Abolition of titles, Military and academic distinctions are, however, exempted

Right to Freedom

·         Article 19:‐ It guarantees the citizens of India the following six fundamentals freedoms:‐

            1. Freedom of Speech and Expression

            2. Freedom of Assembly

            3. Freedom of form Associations

            4. Freedom of Movement

            5. Freedom of Residence and Settlement

            6. Freedom of Profession, Occupation, Trade and Business

·         Article 20:‐ Protection in respect of conviction for offences  Article 21:‐ Protection of life and personal liberty

·         Article 22:‐ Protection against arrest and detention in certain cases

Right Against Exploitation

·         Article 23:‐ Traffic in human beings prohibited

·         Article 24:‐ No child below the age of 14 can be employed

Right to freedom of Religion

·         Article 25:‐ Freedom of conscience and free profession, practice and propagation of religion

·         Article 26:‐ Freedom to manage religious affairs

·         Article 27:‐ Prohibits taxes on religious grounds

·         Article 28:‐ Freedom as to attendance at religious ceremonies in certain educational institutions

Cultural and Educational Rights

·         Article 29:‐ Protection of interests of minorities

·         Article 30:‐ Right of minorities to establish and administer educational institutions

·         Article 31:‐ Omitted by the 44^th Amendment Act

Right to Constitutional Remedies

·         Article 32:‐ The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)

·         Forms of Writ check

·         Habeas Corpus :‐ Equality before law and equal protection of law

IMPORTANT AMENDMENTS IN THE INDIAN CONSTITUTION

·         e

·         7 1956 Reorganisation of states on linguistic basis and abolition of Class A, B, C and D states and introduction of Union Territories.

·         9 1960 Adjustments to Indian territory as a result of agreement with Paksitan.

·         10 1961 Dadra, Nagar and Haveli included in Indian Union as a Union Territory on acquisition from Portugal.

·         12 1961 Goa, Daman and Diu included in Indian Union as a Union Territory on acquisition from Portugal.

·         13 1963 The state of Nagaland formed with special protection under Article 371A.

·         14 1962 Pondicherry incorporated into Indian Union after transfer by France.

·         21 1967 Sindhi added as language in the 8th schedule.

·         26 1971 Privy purse paid to former rulers of princely states abolished.

·         36 1975 Sikim included as an Indian state.

·         42 1976 Fundamental Duties prescribed, India became Socialist Secular Republic.

·         44 1978 Right to Property deleted from the list of fundamental rights.

·         52 1985 Defection to another party after election made illegal.

·         61 1989 Voting age reduced from 21 to 18.

·         71 1992 Konkani, Manipuri and Nepali added as languages in the Eighth Schedule.

·         73 1993 Introduction of Panchayati Raj, addition of Part IX to the Constitution.

·         74 1993 Introduction of Nagarpalikas and Municipalities.

·         86 2002 Free and compulsory education to children between 6 and 14 years.

·         92 2003 Bodo, Dogri, Santhali and Maithli added to the list of recognised languages. Service Tax introduced.

·         8, 23, 45, 62, 79 and 95 1960, 1970, 1980, 1989, 2000 and 2010

Extension of reservation of seats for SC/ST and nomination of Anglo‐Indian members in Parliament and State Assemblies.

·         96 2011 Substituted Odia for Oriya in the Eighth Schedule to the Constitution

·         The 42nd amendment was the most comprehensive amendment which had 59 clauses and carried out so many changes that it has been described as a “Mini Constitution”.

·         The 52nd amendment was the only amendment to be unanimously adopted by the Parliament.

UNION (ARTICLE 51‐151)

THE PRESIDENT OF INDIA

President of India is the head of the Union Executive. A Council of Ministers headed by Prime Minister aids and advises the President in the exercise of his function. President of India is also Supreme Commander of the Defence Forces.

Office of President of India - Rashtrapati Bhavan

Qualification

·         Must be a citizen of India

·         Completed 35 years of age

·         Eligible to be a member of Lok Sabha

·         Must not hold any government post. Exception are:

            1. President and Vice‐President

            2. Governor of any state

            3. Minister of Union State

Election

·         Indirectly elected through ‘Electoral College’ consisting of Elected members of both the Houses of Parliament & Elected members of the Legislative Assemblies of the States. (No nominated members)

·         Security deposit of Rs 15,000/‐

·         Supreme court inquires all disputes regarding President’s Election.

·         Takes OATH in presence of Chief Justice of India, or in his absence, senior‐most Judge of Supreme Court

Terms and Emoluments

·         5 year term

·         Article 57 says that there is no upper limit on the number of times a person can become President

·         Can give resignation to Vice‐President before full term

·         Present Salary‐ Rs. 1,50,000/month (including allowances & emoluments)

Impeachment

·         Quasi‐judicial procedure

·         Can be impeached only on the ground of violation of constitution

·         The impeachment procedure can be initiated in either House of the Parliament

Vacancy

·         In case of office falls vacant due to death, resignation or removal, the Vice‐President act as President. It he is not available then Chief Justice, it not then senior‐most Judge of the Supreme court shall act as the President of India

·         The election is to be held within 6 months of the vacancy

Powers

·         Appoints PM, Ministers, Chief Justice & judge of Supreme Court & High Court, Chairman & members

·         of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and other

·         members of Election Commission of India, Governors, Members of Finance Commission, Ambassadors, etc

·         Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha

·         Appoints Finance Commission (after every 5 years) that recommends distribution of taxes between Union & State governments

·         The President can promulgate 3 types of Emergencies:‐

            1. National Emergency (Article 352)

            2. State Emergency (President’s Rule) (Article 356)

            3. Financial Emergency (Article 360)

·         He is the Supreme Commander of the Defence Forces of India

·         President appoints Chief of Army, Navy and Air force

·         Declares wars & concludes peace subject to the approval of the Parliament

·         No money bill or demand for grant can be introduced or moved in Parliament unless it has been recommended by the President

·         He has the power to grant pardon, reprieve or remit of punishment or commute death sentences

VICE PRESIDENT OF INDIA

·         Following is the information about Vice President of India Election

·         Elected by both the houses (Electoral College) in accordance with the system of proportional representation by means of single transferable vote and the vote being secret. Nominated members also participate in his election

·         The Supreme court has the final and exclusive jurisdiction for resolving disputes and doubts relating to the election of the Vice President of India

Criteria

·         Citizen of India

·         More that 35 years of Age

·         Posses the qualification of membership of Rajya Sabha

·         Not hold any office of profit under union, state of local authority. However, for this purpose, the

·         President, Vice‐President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit

Other Points

·         Holds office for 5 years. Can be re‐elected

·         Term can be cut short if he resigns or by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha

·         He is the ex‐officio Chairman of Rajya Sabha. Since he is not a member of Rajya Sabha, he has no right to vote

·         Being the Vice‐President of India, he is not entitled for any salary, but he is entitled to the salary and allowances payable to the Chairman of the Rajya Sabha

·         All bills, resolution, motion can be taken in Rajya Sabha after his consent

·         Can discharge the function of the President, the Vice‐President shall not perform the duties of the office of the Chairman of Rajya Sabha and shall not be entitled to receive the salary of the Chairman. During this period, he is entitled for the salary and privileges of the President of India

·         Present salary is Rs. 1,25,000/month

Prime Minister of India

            Powers of Prime Minister of India:‐

·         Real excutive authority

·         He is the ex‐officio Chairman of the Planning Commission, National Development Council, National Integration Council and Inter state Council

·         The President convenes and prorogues all sessions of Parliament in Consultation with him

·         Can recommend the dissolution of Lok Sabha before expiry

·         Appoints the council of ministers

·         Allocates portfolios. Can ask a minister to resign & can get him dismissed by President

·         Can recommend to the President to declare

·         emergency on grounds of war, external aggression or armed rebellion

·         Advises President about President’s Rule in the

·         State or emergency due to financial instability

·         Leader of the House

Lok Sabha and Rajya Sabha

Parliament consists of the President and the two Houses, namely, the Council of States (Rajya Sabha) and

the House of the People (Lok Sabha).

The Lok Sabha: Its maximum strength is 545 (Not more than 525 from the States to be elected directly. A

Candidate for membership of the Lok Sabha must be a citizen of India and not less than 30 years of age.

The normal term of the House is five years. The House can, however, be dissolved earlier by the President.

The said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. Members of the House elect the Speaker and the Deputy Speaker from among themselves. The Speaker acts as the presiding officer of the House and, in his

Absence, the Deputy Speaker acts for him.

The Rajya Sabha is a permanent body not subject to dissolution, elected indirectly, and its total strength cannot exceed 250. Twelve members, who have distinguished themselves in literature, arts, science or social service, are nominated by the President.

The remaining seats are distributed among the States and Union Territories. The representatives of the States are elected by the members of the Legislative Assemblies of the States concerned by the method of single transferable vote. The representatives of Union Territories are to be chosen in such a manner as

Parliament may by law prescribe.

A candidate for membership of the Rajya Sabha must be a citizen of India and he should not be less than 25 years of age. One‐third of the members must retire once in two years, and their places are filled by fresh

election. The Vice‐President of India is the ex‐ officio Chairman of the Rajya Sabha.

Relations between the Two Houses of Parliament. If a non‐money bill is passed by one House, and the other House rejects it or the two Houses do not agree to the amendments, the President may summon a joint meeting of both Houses to resolve the deadlock. The decision of the majority prevails. As for money bills, every such bill must be introduced in the Lok Sabha. It cannot be introduced in the Rajya Sabha. Any such bill cannot be rejected by the Rajya Sabha though it may delay it for 14 days at the most. The Cabinet, which is the real working executive, is responsible to the Lok Sabha only.

Supreme Court

1. The Supreme Court is a federal court. Its only seat is located at Delhi. Its bench can be established at

other places also but so far it has not been established.

2. The Judges of the Supreme Court are appointed by the President.

3. A person shall have the following qualification to become eligible for the appointment as a Judge of

the Supreme Court, if:

(a) He has been a Judge of a High Court for not less than five years in succession; or

(b) He has been an advocate of a High Court for not less than 10 years in succession; or

(c) He is a distinguished Jurist in the opinion of the President.

4. The Judges of the Supreme Court retires from their office after attaining the age of 65 years.

5. The President can remove the Chief Justice and the other judges on the basis of impeachment motion

passed in the Parliament.

6. The salary of the Chief Justice is Rs. 33, 000 and that of the other judges is Rs. 30, 000 per month.

7. The judges of the Supreme Court after their retirement and during their term of office are not eligible to plead before any court/authority within the territory of India.

8. The Judges of the Supreme Court cannot be transferred nor can they be demoted in office.

9. The Supreme Court is not bound to abide by the decisions of the High Courts.

10. The salary and the allowances of the Judges of the Supreme Court are charged upon the Consolidated

Fund of India.

11. The cases involving the interpretation of the Constitution are decided only by the Supreme Court.

12. The Supreme Court is the Apex Court in India and functions from New Delhi. It consists of a Chief Justice and 25 other judges. The Chief Justice and other judges are appointed by the President. However, in the selection of other judges of the Supreme Court, the President does consult the Chief Justice. Judges of the Supreme Court can hold office up to the age of 65 years.

High Court

1. There is a provision for a High Court in each State and each Union Territory but two or more States or two or more Union Territories or States and Union Territories, together, may establish a common High

Court.

2. The Judges of the High Court are also appointed by the President.

3. A person shall not be eligible to become a Judge of a High Court unless such a person‐

(a) has been a judicial officer for not less than years within the territory of India; or

(b) has been an advocate for not less than 10 years in a High Court in India.

4. The Judges of the High Courts retire from their office after attaining the age of 62 years.

5. The judges and the Chief Justice of the High Courts are removed from the office by the President in the

same manner as adopted in the case of the Supreme Court.

6. The salary of the Chief Justice is Rs. 30, 000 and that of other judges is Rs. 26, 000 per month.

7. The judges of the High Courts cannot plead before any Court during the term of their office. After retirement, they cannot plead before any Court below the High Court. That means they can plead only before other High Courts and the Supreme Court.

8. The judges of the High Courts can be transferred from one High Court to the other High Court and

may be promoted as the Judges of the Supreme Court.

9. The High Courts are bound to abide by the decisions of the Supreme Court.

10. The salary and other allowances of the Judges of the High Courts are charged upon the Consolidated

Fund of the States.

11. The cases involving the interpretation of the Constitution are not decided by the High Courts.

BASIC DEFINITIONS

Definition Term

Bill Act

The draft of a legislative proposal  Bill passed by both the Houses of Parliament and assented to by the President

 Member

A member of the House of the People (Lok Sabha)

Private Member

A member other than a Minister

Budget

Annual Financial statement of the estimated receipts and expenditure of the Government of India for a financial year

Demand for Grant

The estimate of expenditure in respect of a Ministry/Department not charged upon the Consolidated

Fund of India, placed for approval before the House on the recommendations of the President.

Finance Bill

A Bill ordinarily introduced each year to give effect to the financial proposals of the Government for the following financial year

Money Bill

A bill containing only provisions dealing with all or any of the matters specified in sub‐clauses (a) to (g) of Clause (1) of Article 110 of the Constitution. (Such a bill cannot be introduced without the

recommendation of the President and it also cannot be introduced in the Rajya Sabha

Appropriation Bill

A Bill passed annually (or at various times of the year) providing for the withdrawal or appropriation from and out of the Consolidated Fund of India of moneys by Lok Sabha and

moneys charged on the Consolidated Fund for the services of a financial year or a part thereof.

Cut motion

A motion for reduction of a demand for grant by or to a specified amount.

Cut motion can be of three types ‐ Disapproval of policy cut, Economy cut and Token cut

Vote on Account

A grant made by Lok Sabha in advance in respect of the estimated expenditure of the Government of India for a part of a financial year pending the voting of Demands for Grants for the financial year. A Motion for Vote on Account is dealt with in the same way as if it were a demand for grant.

Adjournment sine die

Termination of a sitting of a House without any definite date being fixed for the next sitting

Prorogation

The termination of a session of the House by an order made by the President under article 85(2) (a) of the Constitution.

Question Hour

The first hour of a sitting of the House normally allotted for asking and answering of questions

Quorum

The minimum number of members required to be present at a sitting of the House or the Committee for valid transaction of its business. The quorum to constitute a sitting of the House is one‐tenth of the total number of members of the House and in respect of a Committee it is one‐third of the total number of members of the Committee.

Resolution

A self‐contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House.

Casting vote

The vote cast by the Speaker or the Chairman in the case of an equality of votes on a matter

Expunction

Deletion of words, phrases of expression for the proceedings or records of the House (for being

defamatory or indecent or unparliamentary or undignified)

Definition Term

Short Notice Question

A question relating to a matter of public importance of an urgent character asked with notice shorter than ten clear days

Planning Commission

1. The chairman of the Planning commission is Prime Minister of India

2. Planning commission is an economic advisory body set up by a resolution of union cabinet in 1950. It is

not mentioned in Constitution.

3. Its main function is to prepare the five‐year Plan for economic and social development

Finance Commission

1. Finance Commission was set up in 1951.

2. Its present chairman is Y. V. Reddy.

3. Its main function is to advice President on the financial issues.

National Development Council

1. NDC was formed in 1952

2. Its members includes chief ministers, cabinet ministers, all members of planning commission.

3. Its chairman is Prime Minister.

4. Its main function is to review working of national plan.

Election Commission

1. Sukumar Sen was an Indian civil servant who was the first Chief Election Commissioner of India

2. Election Commission is a constitutional body.

3. The Chief Election Commissioner can be removed from his office by Parliament with two‐thirds

majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

The current CEC is V. S. Sampath.

Attorney‐General

The Attorney‐General for India is appointed by the President and hold office during the pleasure of the

President. He must be a person qualified to be appointed as a judge of the Supreme Court. The duty of Attorney General to give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may be referred or assigned to him by the President, and to discharge the functions conferred on him by or under the Constitution or any other law. He also has right to take part in the proceeding of Parliament.

Current Attorney General of India- Mukul Rohatgi

                                

Comptroller and Auditor General

Comptroller and Auditor General is appointed by the President. Procedure and grounds for his removal from office are the same as for a Supreme Court Judge. He is not eligible for further office under the Union or a State Government after he ceases to hold his office. His main work to submit the reports on accounts of the Union and States to the President and respective governors which are placed before Parliament and state legislatures.

Current Comptroller and Auditor General of India- Shashi kant

Union Public Service Commission (UPSC)

The chairman and other members of the Union Public Service Commission are appointed by the President of India and they hold office for a term of 6 years from the date of appointment or until they attain the age of 65 years, whichever is earlier. The main function of the commission is to conduct examination and hold interviews for making appointments to the various services of the Union

Current Union Public Services commission chairwoman- Smt, Rajni Razdan

IMPORTANT WRITS IN THE INDIAN CONSTITUTION

Type of

Writissue

Habeas Corpus - You may have the body

To release a person who has been detained unlawfully whether in prison or in private custody.

Mandamus - We Command

To secure the performance of public duties by lower court, tribunal or public authority.

Certiorari- To be certified

To quash the order already passed by an inferior court, tribunal or quasi judicial authority.

Prohibition ‐ To prohibit

An inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try.

Quo Warranto- What is your authority?

To restrain a person from holding a public office which he is not entitled.

Writ

Meaning

IMPORTANT SCHEDULES IN THE CONSTITUTION

Schedules 1 to 12

·         First schedule contains the list of states and union territories and their territories

                                                                                                                   

·         Second schedule contains provisions as to the President, Governors of States, Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and of the High Courts and the Comptroller and Auditor‐General of India the list of states and union territories and their territories

·         Third Schedule contains the Forms of Oaths or Affirmations.

·         Fourth Schedule contains provisions as to the allocation of seats in the Council of States.

·         Fifth Schedule contains provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes.

·         Sixth Schedule contains provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.

·         Seventh Schedule contains the Union list, State list and the concurrent list.

·         Eighth Schedule contains the list of recognised languages.

·         Ninth Schedule contains provisions as to validation of certain Acts and Regulations.

·         Tenth Schedule contains provisions as to disqualification on ground of defection.

                                           

·         Eleventh Schedule (73rd amendment) contains the powers, authority and responsibilities of Panchayats.

·         Twelfth Schedule (74th amendment) contains the powers, authority and responsibilities of Municipalities.

                                                                  

Seventh Schedule

·         Gives allocation of powers and functions between Union & States. It contains 3 lists

            1. Union List (For central Govt.) 99 Subjects.

            2. States List (Powers of State Govt.) 66 subjects

            3. Concurrent List (Both Union & States) 46 subjects.

Eighth Schedule

·         List of 22 languages of India recognized by Constitution

·         Assamese, Bengali, Gujarati,Hindi ,Kannada , Kashmiri, Manipuri ,Malayalam ,Konkani ,Marathi ,Nepali , Oriya , Punjab, Sanskrit ,Sindhi, Tamil ,Telegu ,Urdu, Santhali, Bodo ,Maithili , Dogri

·         Sindhi was added in 1967 by 21 Amendment

·         Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment

·         Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment

CHAIRMAN OF VARIOUS COMMITTEES IN THE

CONSTITUENT ASSEMBLY

Committee Chairman

·         Committee on the Rules of Procedure - Rajendra Prasad

·         Steering Committee - Rajendra Prasad

·         Finance and Staff Committee - Rajendra Prasad

·         Credential Committee - Alladi Krishnaswami Ayyar

·         House Committee - B. Pattabhi Sitaramayya

·         Order of Business Committee K.M. Munsi

·         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 and Tribal and Excluded Areas -Vallabhbhai Patel

·         Minorities Sub‐Committee - H.C. Mookherjee

·         Fundamental Rights Sub‐ Committee - J.B. Kripalani

·         North‐East Frontier Tribal Areas and Assam Exluded & Partially Excluded Areas Sub‐ Committee - Gopinath Bardoloi

·         Excluded and Partially Excluded Areas (Other than those in Assam) Sub‐ Committee - A.V. Thakkar

·         Union Powers Committee - Jawaharlal Nehru

·         Union Constitution Committee - Jawaharlal Nehru

·         Drafting Committee - B.R. Ambedkar