Constitution Flashcards
Article 105 and 194
deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees
Parts of the Constitution
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▪️U= Union and its territories (1) ▪️C= Citizenship (2) ▪️F= Fundamental Rights (3) ▪️D= DPSPs (4) ▪️F= Fundamental Duties (4A) ▪️U= Union (5) ▪️S= States (6) ▪️U= Union Territories (8) ▪️P= Panchayats (9) ▪️M= Municipalities (9A) ▪️S= Scheduled and Tribal areas (10) ▪️R= Relation b/w Union and States (11)
Schedules of the Constitution
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▪️T= Territory (I) ▪️E= Emoluments (II) ▪️A= Affirmations and Oaths (III) ▪️R= Rajya Sabha (IV) ▪️S= Scheduled areas (V) ▪️O= Other Scheduled areas (VI) ▪️F= Federal provisions, 3 lists (VII) ▪️O= Official languages (VIII) ▪️L= Land reforms (IX) ▪️D= Defection (X) ▪️P= Panchayats (XI) ▪️M= Municipalities (XII)
Article 102 (1) and Article 191 (1)
MP or an MLA is barred from holding any office of profit under the central or state government. “a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”.
Provisions of Articles 102 and 191 also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law. In the recent past, several state legislatures have enacted laws exempting certain offices from the purview of office of profit. Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list.
There is no bar on how many offices can be exempted from the purview of the law.
Federal scheme, office of governor, judiciary, Public service commission, emergency provisions and administrative details
Government of India act 1935
Parliamentary government, rule of law, legislative procedure, single citizenship, predicative rates, Parliamentary privileges and bicameralism
British constitution
Fundamental rights, independence of judiciary, judicial review, impeachment of the President, removal of Supreme Court and High Court judges and post of vice president
US Constitution
Directive principles of state policy, nomination of members to Rajya Sabha and method of election of president
Irish constitution
Federation with a strong Centre, vesting of residue re powers in the centre, appointment of state governors by the Centre and advisory jurisdiction of the Supreme Court
Canadian constitution
Concurrent list, freedom of trade, commerce and intercourse and joint setting of the two houses of Parliament
Australian Constitution
Suspension of fundamental rights during emergency
WayMar Constitution of Germany
Fundamental duties and the ideal of Justice – social, economic and political – in the preamble
Soviet Constitution
Republic and the ideals of liberty, equality and fraternity in the preamble
French constitution
Procedure for amendment of the constitution and election of members of Rajya Sabha
South African constitution
Procedure established by law
Japanese Constitution