Polity Flashcards
Refer notes or mindmaps for answers - these flashcards are for randomly remembering all provisions and concepts
Article 3
not a CAA
Article 214
HCs for states
110 (1)
Money Bill
171
composition of MLC
amendments in preamble
42nd AA, 1976 - ISS
266
Consolidated Fund of India; Public Account of India
85
President - max. gap 6 months - 2 sessions
166 (3)
Governor - discretionary power - make rules for the more convenient transaction of business
XII Schedule - under what? how many items? which amendment?
Urban Local Government; 18 functional items; 74th AA, 1992
cases related to CAA
caa Sahi aur Galat Kanoon ke beech khada hai
article for the special session
352
327
parlia laws to regulate elections
RPA, 1951
procedure to perform various functions, eg. preparing electoral roll
Money Bill matters
TB-MAC-RPA-I
228
HC can transfer any matter from subordinate court to itself
Kanhaiyalal vs. R.K Trivedi Case, 1985
SC on powers of ECI
267
Contingency Fund of India
21 - related case & ruling
Menaka Gandhi Case, 1978 - DPL instead PEBL in cases involving Article 21
102 (1)
Disqualification grounds for MP
371 (2)
Governor - Maharashtra and Gujarat - special responsibility - development boards
102 (1)
4 Disqualification grounds for MP (O, U, I, N)
169
power to Parlia creation & abolition of MLC
280
Central Finance Commission
SC Articles
124 - 147
326
universal adult suffrage
SC Advocates on Record Association Case, 1993
2nd Judges Case - collegium system introduced
MCC first time
1991, T.N Sheshan
MCC first time implemented
1991, T.N Sheshan
25th AA, 1971
new article 31 C inserted
60
oath of President - by CJI
325
single electoral roll
233
appointment of judges to subordinate courts
5 to 11
citizenship
163 (1)
Governor - discretionary power - deviation from CoM as provided in Constitution
163 (1)
Governor - discretionary power - deviation from CoM as provided in Constitution
Citizenship - Birth
- [26 Jan 1950 - 1 July 1987) - irrespective parents
- [1 July 1987 - 3 Dec 2004) - citizen - mother or father
- {3 Dec 2004) - both citizen or at least one and other not illegal migrant
Citizenship - Descent
- [26 Jan 1950 - 10 Dec 1992) - father citizen
- [10 Dec 1992 - 3 Dec 2004) - citizen - mother or father
- {3 Dec 2004) - either one citizen + Affidavit + Registered with consulate
102 (2)
disqualification MP - anti-defection
Lily Thomas Case, 2013
conviction sentence more than 2 yrs.; debarred contesting elections 6 yrs.
226
writ jurisdiction of HC - both FR and legal right
RPA (Amendment), 1988
- EVM introduced
- Registration mandatory for political parties
- Debarred from contesting elections - 4 cases - Foreign exchange Act, NSA, women, preventive detention law
- punishment for electoral malpractices
324
ECI
Cases related to the Doctrine of Eclipse
Bhikaji Narayan Case, 1955; Deepchand Case, 1959; Ambika Mill Case, 1974
XI Schedule
Panchayats - 243 G - 29 functional items
234
recruitment to the judicial services other than the district judges
Balwant Rai Mehta Committee
Democratic Decentralization
Acting Judge - HC
appointed by President to fill the temporary vacancy
Reappointment of Judges Case, 1998
3rd Judges Case;
expansion of collegium;
JR applicable to the opinion of CJI only on the basis of procedural irregularities;
binding on President
243 M
Panchayats - exempted areas
25 to 30
PMT dene se pehle you need to say I Love Education
130
regional benches of SC
Ad-hoc Judge SC
CJI with the consent of President asks sitting HC judge eligible to become SC judge to fill a quorum for a particular case
FRs available against individuals
17, 21, 23
235
control over subordinate courts
Oath HC Judge
Governor; incase of Delhi to President
Directives outside DPSPs
335, 350 A, 351
Lok Adalat
P.N Bhagwati - informal dispute settlement mechanism
Lok Adalat
P.N Bhagwati - informal dispute settlement mechanism
124 (2)
appointment SC judge
328
state legislature regulate election laws where the Parlia has not
cases related Preamble
bollywood ke preamble, KRK LIC karva le
243 I
SFC
163 (2)
Governor - discretionary power - the final say
243 L
application to UTs
President veto powers
Absolute
Pocket
Suspensive
RPA, 1950
single member territorial constituency
329
no interference of courts in elections except in accordance with election petitions
articles related to subordinate courts
233 to 237
1st CAA, 1951
Shankari Prasad Case
15(4) added
IX scheuled added
1st CAA, 1951
Shankari Prasad Case
15(4) added
IX schedule added
117 (1)
Financial bill including money matters as listed in 110 (1) and general legislation
61
impeachment of President
procedure:
Resolution (supported by 1/4 of total) –> 14 days notice –> resolution taken up –> to e passed 2/3 of total –> investigating House –> Pres defend directly or lawyer –> if passed by 2/3 total –> impeached
13 (2)
Doctrine of Eclipse
S.P Gupta Case, 1982
1st Judges Case, President not bound by the advise
states with MLC
TUMBAK
243 H
taxation power
LC Membership -
- Members elected by?
- Nomination grounds
- min. LC membership
- max. LC membership
- 1/3 - elected by members of local bodies
- 1/3 - elected by elected MLAs
- 1/12 - elected by graduates of at least 3 years
- 1/12 - elected by teachers of at least secondary grade
- rest nominated by the Governor - Art, Science, Social Service, Literature & Cooperative Movement
Note: min. LC membership = 40; max. = 1/3 of total MLAs
117 (3)
Financial Bill (II) - money matter only incidental
129
SC - the court of record
Condition for being a court of record
- rulings admissible as evidence
2. contempt of court jurisdiction
Condition for being a court of record
- rulings admissible as evidence
2. contempt of court jurisdiction
HC articles
214 - 231
Part IX added by which CAA
73rd AA, 1992
exceptions to Part IX
Part IX is not applicable, as it is, to the Schedule V areas. However, they are extended to these areas under Panchayats (Extension to Scheduled Areas) Act or PESA Act, 1996. PESA or Part IX not applicable to VI Scheduled Areas, as they have their own autonomous governing councils.
Schedule V areas are:
Andhra Pradesh Telangana Chattisgarh Gujarat HP Jharkhand MP Maharashtra Odisha Rajasthan
VI Scheduled Areas:
Assam (3)
Meghalaya (3)
Tripura (1)
Mizoram (3)
GVK Rao Committee
- Regular Elections
- Basic planning unit - District - Zila Parishad point of democratic decentralization;
- a post of District Development Commissioner - CEO of Zila Parishad
- because of bureaucratization - “grass without roots”
Ashok Mehta Committee
- 2 tier - Mandal panchayat & Zila Parishad
- Zila Parishad - the executive body
- official participation of political parties at all levels
- Nyaya Panchayats
- Minister of Panchayati Raj in State CoM
- reservation - SC/ ST
- Constitutional Recognition
duration of local government
5 yrs.
If dissolved - remaining term - only if term > 6 months - else optional
Finances of PRIs as per 2nd ARC
- grants from Centre - CFC Recomm.
- devolution from state - SFC Recomm.
- loans/ grants from state
- Centre Scheme - programme specific allocation
- tax and non-tax revenue generation
SEC - removal grounds
as HC judge
SEC - appointment by
Governor
PESA Act, 1996 - exempted areas
Vth Scheduled areas:
Andhra Pradesh Telangana Chattisgarh Gujarat HP Jharkhand MP Maharashtra Odisha Rajasthan
PESA Act, 1996 - objectives
self-rule - tribals;
preserve tribal culture;
admin in line with the traditional practices;
preserve their autonomy
States under Vth Schedule areas
Andhra Pradesh Telangana Chattisgarh Gujarat HP Jharkhand MP Maharashtra Odisha Rajasthan
VI Scheduled Areas
Assam (3)
Meghalaya (3)
Tripura (1)
Mizoram (3)
PESA Act, 1996 - powers to Gram Sabha
intoxicant
minor forest produce
alienation of land
money lending to STs
Panchayat system in V Schedule areas
states to follow the framework provided by PESA
LM Singhvi Committee
- judicial tribunals - to adjudicate controversies related to elections, dissolution of PRIs, etc.
- Constitutional Recognition
- Nyaya Panchayats
- Regular elections
- Make gram panchayats more viable - village reorganization
Gadgil Committee
- constitutional recognition
- 5 yr. fixed tenure
- 3 tier system
- direct elections at all 3 levels
- reservation - SC/ ST/ women
- levy collect and appropriate tax
- establishment of SFC and SEC
- list of subjects to be specified in the Consti
Part IX A
74th AA, 1992
263
Central Council of Local Government
articles - urban local government
243 P to 243 ZG
74 AA, 1992
added XII Schedule
evolution - urban local government
lord Mayo - financial decentralization - 1870
lord Ripon - father of urban local government in India - 1882 resolution
Municipality - other names
- municipal council
- municipal committee
- municipal board
- borough municipality
- city municipality
Municipal Corporation - establishment
- in big cities - Delhi, Mumbai, etc.
- in states - by state law
- in UTs - by Parliament Act
- can be one common act or separate acts for each municipal corporation in a state
Special Purpose Agency - features
- function based and not area based
- to undertake activities in domain of other urban local govt.
- egs. Urban Development Authorities Water supply and sewerage boards Housing Boards Electricity Boards
- autonomous bodies independent of the local urban governments
Notified Area Committee - types of areas
2 types:
- fast-developing town due to industrialization
- the town does not fulfill necessary conditions for the municipality - but imp acc. to the state govt.
Town Planning Committee - features
- small town
- semi-municipal authority
- ltd. no. of civic functions
- drainage
- roads
- street lighting
- conservancy
- created by separate act of state legislature
- may be wholly elected/ nominated or partly elected/ nominated
Cantonment board - features
- for the civilian population in the cantonment area
- cantonment area
- the delimited area where the military forces are permanently settled
- under the provisions of Cantonment Act, 2006
- controlled by the Union Defence Ministry
- total = 62 cantonment boards
- categorized into 4 categories acc to the civilian population
Township - features
- estd. by large PSUs to provide civic amenities to its staff
- enterprise appoints a town administrator
- no elected members
Port Trust - features
- in port areas
- for 2 purposes
- manage and protect ports
- provide civic amenities
- created by an act of Parliament
- both elected and nominated members
- Chairman is an official
XII Schedule
- added by 74th AA, 1992
- 18 items deal with Article 243 W
- Few items:
regulation of land use
planning for socio-economic development
urban forestry, protection of the environment
slum improvement
regulation of slaughterhouse
promotion of cultural, educational and aesthetic aspects
roads and bridges
types of municipalities
Nagar Panchayat
Municipal Council
Municipal Corporation
Notification regarding the type of municipality in a state is issued by and on the basis of -
by Governor with regard to certain factors:
- population of the area
- density of population
- revenue generated for local administration
- percentage of employment in nonagricultural activities
- economic importance or such other factors as governor may deem fit
Ward Committees
- must
- for 1 or more wards
- population of 3 lacs or more
- as per state legislature
- composition and territorial area of WC
- manner in which seats will be filled
- provision of new committees other than WC
District Planning Committee - function?
consolidation of plans of panchayats and municipalities
Metropolitan Planning Committee
consolidation of plans
Municipal Revenue - categories?
Tax Non-tax Grant Devolution Loans
Scheduled and Tribal Areas - related article and Part
244 and X
Tribes Advisory Council -
where?
by whom?
composition?
- Vth Scheduled Area; if President directs
2. 20 members - 3/4 ST MLAs
Power of President/ Governor in V schedule areas
President - alter the territory
Governor with the assent of President - regulate laws applicable here
Role of Governor - VI Schedule areas
- can appoint commission - examine & report
- can dissolve any district or regional council - on the recommendation of the above commission
- form regional council within an autonomous district
- if different no. of tribes in one district
- alter boundaries
Autonomous Districts
- the state has executive authority
- governor
- district council
- district & regional council
- Village Councils or Village courts
Village Councils or Courts
- formed by ADC or ARC
- to settle disputes b/w 2 or among diff tribes
- under the jurisdiction of HC
- jurisdiction of HC specified by the governor
District and Regional Council - functions
- administer the area under their jurisdiction - require the assent of the governor
- functions
- collect land revenue
- impose certain specified taxes
District Council -
- how many members?
- Nominated or elected?
- Holds office for how long?
- Functions
- 30 members
- 4 nominated by governor
pleasure of the governor
26 elected - adult franchise - holds office for 5 yrs.
- functions
- primary schools, market, etc
- regulates - money lending and trading by
non tribals but to exercise this it requires the
assent of governor
Electoral systems
- First Past the Post Electoral System - largest no. of valid votes
- Proportional Representation Electoral System - whole country single electoral constituency, only political parties can contest. Seats filled by the parties in the Parliament in proportion to the votes obtained by them.
- List Electoral System - fixed %age of seats filled by FPPE; rest filled through PRES.
- 2 Ballot System - the candidate has to secure more than 50% votes; if no majority obtained then 2nd round of voting b/w only the top 2 candidates.
- Single Transferrable Vote System - each elector allowed to mark as many preferences as are on a single ballot papaer - distribution of excess votes and elimination of the candidate who secured the last.
Followed in lower House of Australia, Indian President, and VP.
ECI - officers to control elections
- Returning Officer
- Presiding Officer
- Civil Servant in elections
- Election Observer
Proxy Votes
- provision mentioned under which Act
- who all are authorized
- RPA, 1951
- should be eligible to cast his vote by post - authorize a family member
- categories allowed to cast vote by post
a. CS on election duty
b. defense personnel posted in forward area
c. Indian diplomat posted abroad
MCC -
- legal?
- when does it come into force?
- till when is it operational?
- examples of conduct
- no legal sanction - SC approval
- comes into force when the election schedule is announced by President or Governor:
- normally 3 weeks in advance of the election notification
- operational till the official results
- Examples of conduct
a. govt. - no welfare measure to be announced
b. no officer transfer/ appoint linked with elections - prior approval of ECI
c. the ruling party - cannot link official work and election work
d. ban on the use of official vehicles - except CM and PM
e. ECI - the power to de-recognize pol party
ECI - functions
- voter list
- pol parties
- registration
- recognition
- allots symbols
- election schedule
- 102 (1) - advises President & Governor - disqualification of MPs, MLAs & MLCs
- expresses opinions in SC & HC - hearing of corrupt electoral practices
ECI elections to?
President
Vice President
LS & RS
MLAs & MLCs
Recognition of state parties
- min. 6 % valid votes (LA) AND min. 2 seats in LA
- min. 3 % seats in LA OR min 3 seats in LA; whichever is more
- min. 6% valid votes from the state in LS AND 1 seat in LS from the state
- 1 seat in LS for every 25 seats OR the fraction thereof allotted to the state in LS
- 8% of valid votes polled in the state at a general election to the LS
Recognition of national parties
- min. 6 % valid votes in min. 4 states (LS or LA elections)
AND min. 4 seats in LS from any state(s). - min. 2% seats in LS from at least 3 states
- recognized as a State Party in at least four states
benefits of becoming national and state party
- symbol
- free airtime for election campaign
- Doordarshan
- All India Radio
- subscription from voters not reqd for the nomination papers
- chance to regain status
- 10 yrs.
- only symbol can be used
Punchhi Committee recommendations
- Background
- 2007
- To examine center-state relations
- Articles 355 & 356
- sought to localize the emergency provisions under Articles 355 and 356.
- The Center should try to bring only the specific troubled area under its jurisdiction and that too for a brief period, not more than three months.
- Concurrent List Subjects
- The Centre should consult states before introducing bills on the concurrent subjects through the inter-state council.
- President’s Pocket Veto
- President’s decision to use his Pocket veto power is communicated to the State within six months.
- Appointment and Removal of Governors
- Recommendations regarding the appointment of Governors:
a. The incumbent should have stayed away from active politics even at the local level for at least two years prior to his appointment.
b. The state chief minister should have a say in the governor’s appointment.
c. Committee to appoint Governors comprising of:
i. Prime Minister,
ii. the Home Minister,
iii. Speaker of the Lok Sabha, and
iv. the concerned state Chief Minister.
v. Even the Vise President can be involved in the procedure.- Recommendations regarding the removal of Governors:
a. The Doctrine of Pleasure should be deleted from the Constitution.
b. Only a resolution by the state legislature should remove the governor.
c. provision for the impeachment of the governor by the state legislature.
- It supported the right of the governor to sanction the prosecution of ministers against the state government’s advice.
- Recommendations regarding the removal of Governors:
- Recommendations regarding the appointment of Governors:
- Article 253
- The states should be involved more in such treaties.
- Amendment of the Communal Violence Bill
- It said that the central forces be allowed to deploy forces in the state without the state’s consent for a short period in case of communal violence.
- Such deployment should not exceed a week’s time and post-facto consent is to be sought from the state.
Sarkaria Committee Recommendations
- Article 370
suggested its not a transitory provision - in response to “one all-India political party” that demanded the deletion of Article 370 - Matters of legislation
A. Concurrent subject
The union should occupy only that field of concurrent subjects which are in the larger interest of the nation - the States’ views must be ascertained through inter-Governmental Councils in such casesB. Article 252 parliamentary law should not be perpetual but for a specific period and not more than a period of 3 years C. On receipt of a resolution from a State recommending creation or abolition of a Legislative Council - the same will be presented before the Parliament within a reasonable time. D. Residuary powers regarding taxation should remain with Parliament - other subjects to be placed in the concurrent list
- Inter-Governmental Councils
- establishment of permanent Inter-State Council
- the Inter-State council was established in 1990
- Article 258
A. A258 says - the power of the Union to confer powers, etc on states in certain cases
B. “Federalism is more a functional arrangement for cooperative action than a static institutional concept.
C. a tool by the liberal use of which cooperative federalism can be substantially realized in the working of the system. - Article 356
- use very sparingly and as a matter of last resort
- material grounds to be made an integral part of the proclamation:
i. this would improve parliamentary control over the President’ Rule
ii. Governor’s report must be a ‘speaking document’ - Before that, a warning should be issued
- The economic development of the backward regions in a planned manner - the separatist tendencies will be automatically controlled.
- PRIs
- enacting any law on the Panchayats is exclusive power vested in the states and rather than adding a new chapter in the Constitution, there should be a uniform law, applicable throughout India.
- this is in contrast to L.M Singhvi Committee recommendation
Legislative Process in the state - money bill
- can only be introduced in LA
2. same way as LS money bill
Legislative Process in the state - financial bill
- can only be introduced in LA
- intro by LA - passed and sent to LC - LC got 4 options:A. pass the Bill, sent for Governor approval
B. reject
C. does not act for 3 months after receiving the Bill
D. suggest amendments
- if LA accepts amendments - Bill is passed
- if LA rejects amendments - has to be passed by LC within 1 month
In the case of A), B) & C) - comes back to LA - if retransmits Bill - LC has to pass within 1 month
Legislative Process in the state - ordinary bill
- can be intro in either LA or LC
- intro by LC - passed and sent to LA - if rejected the Bill lapses.
- intro by LA - passed and sent to LC - LC got 4 options:A. pass the Bill, sent for Governor approval
B. reject
C. does not act for 3 months after receiving the Bill
D. suggest amendments
- if LA accepts amendments - Bill is passed
- if LA rejects amendments - has to be passed by LC within 1 month
In the case of A), B) & C) - comes back to LA - if retransmits Bill - LC has to pass within 1 month
Citizenship - Naturalization
can be acquired by a Foreigner who is ordinarily a resident in India for 12 years
Citizenship - incorporation of new territory
The individual in the territory is given an option for opting for Indian citizenship.
Loss of Citizenship
- Renunciation
- voluntarily surrender
- but GoI may not accept
- Termination
- by an act of law
- Deprivation
- if obtained by fraud, concealing of facts, illegally communicated or traded with the enemy during war
- residing out of India continuously for the last 7 yrs. then can be deprived
Jus Soli
law of soil
Jus Sanguine
law of blood
Citizenship - Registration
NRIs
OCIs
PIOs
Prorogation
- meaning - the action of discontinuing a session of parliament w/o dissolving it.
- Procedure:
- Presiding Officer - declares adjournment sine die
- President issues a notification
- President can prorogue the House while in session.
- All pending notices lapse, other than those for the introduction of Bills.
Quorum
- Minimum no. of members to transact any business - required for each House - includes presiding officer
- minimum - 1/10th
- if no quourum - presiding officer adjourns or suspends the House until quorum
Question Hour
- 1st hour of every sitting - mentioned in Rules of Procedure
- questions are usually addressed to ministers but can also be addressed to the private members
Zero Hour
- informal device - questions can be raised w/o any prior notice
- Indian innovation - since 1962
- It’s the time gap b/w Question Hour and the Agenda
Types of Motions
Substantive
Substitute
Subsidiary - Ancilliary, Superseding, Amendment
Point of Order
- raised by a member when proceedings not following normal Rules of the House
- the question should be within the cognizance of the Speaker
- It only related to the interpretation and enforcement of the Rules of the House or such Articles of the Constitution that regulates the business of the House
- the parliamentary proceedings are suspended
- No debate is allowed on the point of order
Half an Hour Discussion
- the issue should be of sufficient public importance
- Speaker can take it up in the House 3 days in a week
- No formal motion or voting on it.
Short Duration Discussion
- 2-hour discussion
- 2 days in a week - by Speaker
- No formal motion or voting
- Indian innovation, since 1953
- Urgent public importance
Closure Motion
the debate is cut short and the matter is put to vote.
Privilege Motion
- for breach of parliamentary privileges
2. purpose is to censure the minister
Calling Attention Motion
- calling the attention of the Minister
- mentioned in the Rules of Procedure
- since 1954
- seeks an authoritative statement - urgent public importance
Adjournment Motion
- to draw the attention of the House on a matter of urgent public importance
- needs support of 50 members to be admitted
- Discussion: minimum of 2.5 hours
- involves an element of censure - thus only LS, not RS can introduce
No-Confidence Motion
- Draws reference to which Article?
- Requires how many members support to be admitted?
- Article 75 - CoM collectively responsible to the LS
2. need the support of 50 members to be admitted
Censure Motion
Unlike No-Confidence Motion, it needs to:
- state the reason for its adoption
- can be moved against the individual minister or CoM
- aim: to censure CoM for specific policies and actions
- CoM need not resign if motion is passed (passed by which majority?)
Motion of Thanks
- The first session after each general election, and first session of every fiscal year.
- President outlines the programmes and achievements of the preceding year and the ensuing year.
- Must be passed, else government stands censured.
- Questions and debates can be raised by the members.
No Day Yet Named Motion
The motion admitted by the Speaker but no date fixed for the discussion.
Money Bill, Ordinary Bill, FInancial Bill, CAB
Refer handmade flashcards
Sessions of Parliament
- Budget Session
- President is the presiding officer
- Vote of Thanks
- Monsoon Session
- Winter Session
- Special Session - convened by the President on the advice of CoM - transact one or more specified business.
Adjournment
- means small break or recess within an ongoing session of the Parlia
- the session does not end
- by presiding officer
Adjournment sine die
adjourned for an indefinite period - no date specified for reconvening
Status of Bill after the dissolution of LS
- Passed by both the Houses but returned by the President for the recommendation
- Passed by both the Houses however President’s assent is pending
- Bill was notified for a joint sitting before the dissolution of the LS
- Bills pending in RS, which were not put into LS
Relief Fund
- funds contributed by the general public - used to rehabilitate the victims of natural calamities
- subject to the audit by CAG
Annual Financial Statement
- includes statements for what all years and what kind of statements?
3 years -
- preceding (exact receipts and expenditure),
- ongoing (estimated receipts and expenditure),
- upcoming (proposed receipts and expenditure)
Appropriation Bill - under what? contains what?
Finance Bill
Contains -
demand for grants
charged expenditure
Vote on Account
- grant in advance
- 1/6th of the total proposed expenditure
- for 2 months can be for more
- passed by LS w/o discussion after the general discussion on Budget is over
Policy Cut Motion
- amount of demand reduced to Rs. 1
- if passed the government stands censured
- cannot be brought by the ruling party
Economy Cut Motion
- to bring economy in expenditure
- to reduce the amount of demand by a specified amount
- can be moved by any member of LS
- does not amount to the defeat of the government
Token Cut Motion
- to bring attention to a specific grievance in the area of governance
- if passed the amount can be reduced by Rs. 100
Application of Guillotine
80% of the demand in grants, in the budget, clubbed together and w/o discussion it’s voted upon.
Vote on Credit
Blank cheque
Leader of Opposition
- Constitutional or Statutory?
- How many seats required to be LOO?
- Why such a post?
- statutory recognition by an Act of 1977,
- min 10% seats in LS
- provides constructive criticism/ alternative government
Whip
- Assistant floor leader
- For each party
- ensures attendance/ discipline/ securing support on an issue (for or against)
- Whip - just a convention.
Leader of the House
- Constitutional or Statutory?
- Who?
- mentioned in the Rules of House/ not in Constitution
- same for L.O.O - PM or nominated by the PM
- can nominate deputy leader
Anti Defection - CAA and schedule?
52nd CAA, 1985; and Xth Schedule
IVth Schedule
Distribution of seats to RS in different states
Total no. of schedules in the Constitution
12
anti-defection covers whom?
MP, MLA, MLC
disqualification grounds under anti-defection
independent member - if joins a party after elections
nominated member - joins a party after the expiry of 6 months from becoming an MP.
legislative member - resigns party
legislative party member - disobeys whip and is not condoned by the party within 15 days.
SC judgment - whip is binding only in cases of?
Binding only in:
- confidence/ no-confidence motion
- vote of thanks
- money bill
exceptions to anti-defection law
- If a member goes out of the party as a result of a merger with another party. A merger takes place when 2/3 rd of the members of the party have agreed to such a merger.
- A member after being elected as a presiding officer of the House gives up his membership of the party or rejoins it after he ceases to hold that office.
Kihoto Hollohan Case, 1993
the decision of presiding officer regarding anti-defection is subject to JR.
Dinesh Goswami Committee - recommendations on anti-defection
disqualification powers shall be vested with President/ Governor, who acts in consultation with ECI.
Emergency - Part?
18
National Emergency - Article?
352
NE -
- proclamation procedure
- period of operation
- requires written recommendation of CABINET
- needs to be approved by a special majority by the Parliament within 1 month
- if LS is dissolved during this 1 month period but the RS has approved the NE within 1 month; then the newly constituted LS has to approve the NE within 30 days of its first sitting.
- 6 months; extension requires the approval of the Parliament in the same manner.
Withdrawal/ Revocation of NE
- automatic revocation - if any House does not approve further continuation within 1 month or thereafter
- proclamation of revocation - issued by the President on the advice of CoM - can be done anytime
- special powers to LS - at least 10% members of LS give notice to President (if LS is not in session), or the Speaker (if the LS is in session), with an intention to revoke the NE, then special sitting convened within 14 days by the President to vote. Requires a simple majority.
extension of terms of LS/ LA during NE
can be increased one year at a time
Financial Effects of NE
distribution of finances between Center-state cease to be in operation
Effects of NE on FRs
358 - 19 - war/ external aggression
359 - 20, 21 - internal rebellion
CAA - related to NE
44th AA, 1978
changes brought in the area of NE under 44th AA, 1978
8 cases:
- Armed Rebellion instead of internal disturbance
- written recommendation of the Cabinet to the President
- to be approved within 1 month after the proclamation by a special majority (earlier it was 2 months and simple majority)
- Once approved remains in operation for 6 months and requires further approval to extend (earlier NE applicable till revoked by the President)
- LS - special powers in the matter of removal of NE
- FR u/A 19 can only be suspended when NE on the grounds of war & external aggression
- FRs u/A 20 & 21 can never be suspended
- Continuation of President Rule u/A 356 has been restricted to max. 3 years.