Polity Flashcards

Refer notes or mindmaps for answers - these flashcards are for randomly remembering all provisions and concepts

1
Q

Article 3

A

not a CAA

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2
Q

Article 214

A

HCs for states

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3
Q

110 (1)

A

Money Bill

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4
Q

171

A

composition of MLC

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5
Q

amendments in preamble

A

42nd AA, 1976 - ISS

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6
Q

266

A

Consolidated Fund of India; Public Account of India

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7
Q

85

A

President - max. gap 6 months - 2 sessions

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8
Q

166 (3)

A

Governor - discretionary power - make rules for the more convenient transaction of business

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9
Q

XII Schedule - under what? how many items? which amendment?

A

Urban Local Government; 18 functional items; 74th AA, 1992

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10
Q

cases related to CAA

A

caa Sahi aur Galat Kanoon ke beech khada hai

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11
Q

article for the special session

A

352

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12
Q

327

A

parlia laws to regulate elections

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13
Q

RPA, 1951

A

procedure to perform various functions, eg. preparing electoral roll

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14
Q

Money Bill matters

A

TB-MAC-RPA-I

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15
Q

228

A

HC can transfer any matter from subordinate court to itself

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16
Q

Kanhaiyalal vs. R.K Trivedi Case, 1985

A

SC on powers of ECI

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17
Q

267

A

Contingency Fund of India

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18
Q

21 - related case & ruling

A

Menaka Gandhi Case, 1978 - DPL instead PEBL in cases involving Article 21

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19
Q

102 (1)

A

Disqualification grounds for MP

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20
Q

371 (2)

A

Governor - Maharashtra and Gujarat - special responsibility - development boards

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21
Q

102 (1)

A

4 Disqualification grounds for MP (O, U, I, N)

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22
Q

169

A

power to Parlia creation & abolition of MLC

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23
Q

280

A

Central Finance Commission

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24
Q

SC Articles

A

124 - 147

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25
Q

326

A

universal adult suffrage

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26
Q

SC Advocates on Record Association Case, 1993

A

2nd Judges Case - collegium system introduced

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27
Q

MCC first time

A

1991, T.N Sheshan

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28
Q

MCC first time implemented

A

1991, T.N Sheshan

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29
Q

25th AA, 1971

A

new article 31 C inserted

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30
Q

60

A

oath of President - by CJI

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31
Q

325

A

single electoral roll

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32
Q

233

A

appointment of judges to subordinate courts

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33
Q

5 to 11

A

citizenship

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34
Q

163 (1)

A

Governor - discretionary power - deviation from CoM as provided in Constitution

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35
Q

163 (1)

A

Governor - discretionary power - deviation from CoM as provided in Constitution

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36
Q

Citizenship - Birth

A
  1. [26 Jan 1950 - 1 July 1987) - irrespective parents
  2. [1 July 1987 - 3 Dec 2004) - citizen - mother or father
  3. {3 Dec 2004) - both citizen or at least one and other not illegal migrant
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37
Q

Citizenship - Descent

A
  1. [26 Jan 1950 - 10 Dec 1992) - father citizen
  2. [10 Dec 1992 - 3 Dec 2004) - citizen - mother or father
  3. {3 Dec 2004) - either one citizen + Affidavit + Registered with consulate
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38
Q

102 (2)

A

disqualification MP - anti-defection

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39
Q

Lily Thomas Case, 2013

A

conviction sentence more than 2 yrs.; debarred contesting elections 6 yrs.

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40
Q

226

A

writ jurisdiction of HC - both FR and legal right

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41
Q

RPA (Amendment), 1988

A
  1. EVM introduced
  2. Registration mandatory for political parties
  3. Debarred from contesting elections - 4 cases - Foreign exchange Act, NSA, women, preventive detention law
  4. punishment for electoral malpractices
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42
Q

324

A

ECI

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43
Q

Cases related to the Doctrine of Eclipse

A

Bhikaji Narayan Case, 1955; Deepchand Case, 1959; Ambika Mill Case, 1974

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44
Q

XI Schedule

A

Panchayats - 243 G - 29 functional items

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45
Q

234

A

recruitment to the judicial services other than the district judges

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46
Q

Balwant Rai Mehta Committee

A

Democratic Decentralization

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47
Q

Acting Judge - HC

A

appointed by President to fill the temporary vacancy

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48
Q

Reappointment of Judges Case, 1998

A

3rd Judges Case;
expansion of collegium;
JR applicable to the opinion of CJI only on the basis of procedural irregularities;
binding on President

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49
Q

243 M

A

Panchayats - exempted areas

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50
Q

25 to 30

A

PMT dene se pehle you need to say I Love Education

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51
Q

130

A

regional benches of SC

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52
Q

Ad-hoc Judge SC

A

CJI with the consent of President asks sitting HC judge eligible to become SC judge to fill a quorum for a particular case

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53
Q

FRs available against individuals

A

17, 21, 23

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54
Q

235

A

control over subordinate courts

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55
Q

Oath HC Judge

A

Governor; incase of Delhi to President

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56
Q

Directives outside DPSPs

A

335, 350 A, 351

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57
Q

Lok Adalat

A

P.N Bhagwati - informal dispute settlement mechanism

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58
Q

Lok Adalat

A

P.N Bhagwati - informal dispute settlement mechanism

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59
Q

124 (2)

A

appointment SC judge

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60
Q

328

A

state legislature regulate election laws where the Parlia has not

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61
Q

cases related Preamble

A

bollywood ke preamble, KRK LIC karva le

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62
Q

243 I

A

SFC

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63
Q

163 (2)

A

Governor - discretionary power - the final say

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64
Q

243 L

A

application to UTs

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65
Q

President veto powers

A

Absolute
Pocket
Suspensive

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66
Q

RPA, 1950

A

single member territorial constituency

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67
Q

329

A

no interference of courts in elections except in accordance with election petitions

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68
Q

articles related to subordinate courts

A

233 to 237

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69
Q

1st CAA, 1951

A

Shankari Prasad Case
15(4) added
IX scheuled added

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70
Q

1st CAA, 1951

A

Shankari Prasad Case
15(4) added
IX schedule added

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71
Q

117 (1)

A

Financial bill including money matters as listed in 110 (1) and general legislation

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72
Q

61

A

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

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73
Q

13 (2)

A

Doctrine of Eclipse

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74
Q

S.P Gupta Case, 1982

A

1st Judges Case, President not bound by the advise

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75
Q

states with MLC

A

TUMBAK

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76
Q

243 H

A

taxation power

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77
Q

LC Membership -

  1. Members elected by?
  2. Nomination grounds
  3. min. LC membership
  4. max. LC membership
A
  1. 1/3 - elected by members of local bodies
  2. 1/3 - elected by elected MLAs
  3. 1/12 - elected by graduates of at least 3 years
  4. 1/12 - elected by teachers of at least secondary grade
  5. rest nominated by the Governor - Art, Science, Social Service, Literature & Cooperative Movement

Note: min. LC membership = 40; max. = 1/3 of total MLAs

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78
Q

117 (3)

A

Financial Bill (II) - money matter only incidental

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79
Q

129

A

SC - the court of record

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80
Q

Condition for being a court of record

A
  1. rulings admissible as evidence

2. contempt of court jurisdiction

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81
Q

Condition for being a court of record

A
  1. rulings admissible as evidence

2. contempt of court jurisdiction

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82
Q

HC articles

A

214 - 231

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83
Q

Part IX added by which CAA

A

73rd AA, 1992

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84
Q

exceptions to Part IX

A

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)

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85
Q

GVK Rao Committee

A
  1. Regular Elections
  2. Basic planning unit - District - Zila Parishad point of democratic decentralization;
  3. a post of District Development Commissioner - CEO of Zila Parishad
  4. because of bureaucratization - “grass without roots”
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86
Q

Ashok Mehta Committee

A
  1. 2 tier - Mandal panchayat & Zila Parishad
  2. Zila Parishad - the executive body
  3. official participation of political parties at all levels
  4. Nyaya Panchayats
  5. Minister of Panchayati Raj in State CoM
  6. reservation - SC/ ST
  7. Constitutional Recognition
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87
Q

duration of local government

A

5 yrs.

If dissolved - remaining term - only if term > 6 months - else optional

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88
Q

Finances of PRIs as per 2nd ARC

A
  1. grants from Centre - CFC Recomm.
  2. devolution from state - SFC Recomm.
  3. loans/ grants from state
  4. Centre Scheme - programme specific allocation
  5. tax and non-tax revenue generation
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89
Q

SEC - removal grounds

A

as HC judge

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90
Q

SEC - appointment by

A

Governor

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91
Q

PESA Act, 1996 - exempted areas

A

Vth Scheduled areas:

Andhra Pradesh
Telangana
Chattisgarh
Gujarat
HP
Jharkhand
MP
Maharashtra
Odisha
Rajasthan
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92
Q

PESA Act, 1996 - objectives

A

self-rule - tribals;
preserve tribal culture;
admin in line with the traditional practices;
preserve their autonomy

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93
Q

States under Vth Schedule areas

A
Andhra Pradesh
Telangana
Chattisgarh
Gujarat
HP
Jharkhand
MP
Maharashtra
Odisha
Rajasthan
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94
Q

VI Scheduled Areas

A

Assam (3)
Meghalaya (3)
Tripura (1)
Mizoram (3)

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95
Q

PESA Act, 1996 - powers to Gram Sabha

A

intoxicant
minor forest produce
alienation of land
money lending to STs

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96
Q

Panchayat system in V Schedule areas

A

states to follow the framework provided by PESA

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97
Q

LM Singhvi Committee

A
  1. judicial tribunals - to adjudicate controversies related to elections, dissolution of PRIs, etc.
  2. Constitutional Recognition
  3. Nyaya Panchayats
  4. Regular elections
  5. Make gram panchayats more viable - village reorganization
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98
Q

Gadgil Committee

A
  1. constitutional recognition
  2. 5 yr. fixed tenure
  3. 3 tier system
  4. direct elections at all 3 levels
  5. reservation - SC/ ST/ women
  6. levy collect and appropriate tax
  7. establishment of SFC and SEC
  8. list of subjects to be specified in the Consti
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99
Q

Part IX A

A

74th AA, 1992

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100
Q

263

A

Central Council of Local Government

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101
Q

articles - urban local government

A

243 P to 243 ZG

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102
Q

74 AA, 1992

A

added XII Schedule

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103
Q

evolution - urban local government

A

lord Mayo - financial decentralization - 1870

lord Ripon - father of urban local government in India - 1882 resolution

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104
Q

Municipality - other names

A
  1. municipal council
  2. municipal committee
  3. municipal board
  4. borough municipality
  5. city municipality
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105
Q

Municipal Corporation - establishment

A
  1. in big cities - Delhi, Mumbai, etc.
  2. in states - by state law
  3. in UTs - by Parliament Act
  4. can be one common act or separate acts for each municipal corporation in a state
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106
Q

Special Purpose Agency - features

A
  1. 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
  1. autonomous bodies independent of the local urban governments
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107
Q

Notified Area Committee - types of areas

A

2 types:

  1. fast-developing town due to industrialization
  2. the town does not fulfill necessary conditions for the municipality - but imp acc. to the state govt.
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108
Q

Town Planning Committee - features

A
  1. small town
  2. semi-municipal authority
  3. ltd. no. of civic functions
    • drainage
    • roads
    • street lighting
    • conservancy
  4. created by separate act of state legislature
  5. may be wholly elected/ nominated or partly elected/ nominated
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109
Q

Cantonment board - features

A
  1. for the civilian population in the cantonment area
  2. cantonment area
    • the delimited area where the military forces are permanently settled
  3. under the provisions of Cantonment Act, 2006
  4. controlled by the Union Defence Ministry
  5. total = 62 cantonment boards
    • categorized into 4 categories acc to the civilian population
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110
Q

Township - features

A
  1. estd. by large PSUs to provide civic amenities to its staff
  2. enterprise appoints a town administrator
  3. no elected members
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111
Q

Port Trust - features

A
  1. in port areas
  2. for 2 purposes
    • manage and protect ports
    • provide civic amenities
  3. created by an act of Parliament
  4. both elected and nominated members
  5. Chairman is an official
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112
Q

XII Schedule

A
  1. added by 74th AA, 1992
  2. 18 items deal with Article 243 W
  3. 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

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113
Q

types of municipalities

A

Nagar Panchayat
Municipal Council
Municipal Corporation

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114
Q

Notification regarding the type of municipality in a state is issued by and on the basis of -

A

by Governor with regard to certain factors:

  1. population of the area
  2. density of population
  3. revenue generated for local administration
  4. percentage of employment in nonagricultural activities
  5. economic importance or such other factors as governor may deem fit
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115
Q

Ward Committees

A
  1. must
  2. for 1 or more wards
  3. population of 3 lacs or more
  4. as per state legislature
    • composition and territorial area of WC
    • manner in which seats will be filled
    • provision of new committees other than WC
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116
Q

District Planning Committee - function?

A

consolidation of plans of panchayats and municipalities

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117
Q

Metropolitan Planning Committee

A

consolidation of plans

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118
Q

Municipal Revenue - categories?

A
Tax
Non-tax
Grant
Devolution
Loans
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119
Q

Scheduled and Tribal Areas - related article and Part

A

244 and X

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120
Q

Tribes Advisory Council -
where?
by whom?
composition?

A
  1. Vth Scheduled Area; if President directs

2. 20 members - 3/4 ST MLAs

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121
Q

Power of President/ Governor in V schedule areas

A

President - alter the territory

Governor with the assent of President - regulate laws applicable here

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122
Q

Role of Governor - VI Schedule areas

A
  1. can appoint commission - examine & report
  2. can dissolve any district or regional council - on the recommendation of the above commission
  3. form regional council within an autonomous district
    • if different no. of tribes in one district
  4. alter boundaries
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123
Q

Autonomous Districts

A
  1. the state has executive authority
  2. governor
  3. district council
  4. district & regional council
  5. Village Councils or Village courts
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124
Q

Village Councils or Courts

A
  1. 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
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125
Q

District and Regional Council - functions

A
  1. administer the area under their jurisdiction - require the assent of the governor
  2. functions
    - collect land revenue
    - impose certain specified taxes
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126
Q

District Council -

  1. how many members?
  2. Nominated or elected?
  3. Holds office for how long?
  4. Functions
A
  1. 30 members
  2. 4 nominated by governor
    pleasure of the governor
    26 elected - adult franchise
  3. holds office for 5 yrs.
  4. functions
    - primary schools, market, etc
    - regulates - money lending and trading by
    non tribals but to exercise this it requires the
    assent of governor
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127
Q

Electoral systems

A
  1. First Past the Post Electoral System - largest no. of valid votes
  2. 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.
  3. List Electoral System - fixed %age of seats filled by FPPE; rest filled through PRES.
  4. 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.
  5. 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.
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128
Q

ECI - officers to control elections

A
  1. Returning Officer
  2. Presiding Officer
  3. Civil Servant in elections
  4. Election Observer
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129
Q

Proxy Votes

  1. provision mentioned under which Act
  2. who all are authorized
A
  1. RPA, 1951
  2. should be eligible to cast his vote by post - authorize a family member
  3. categories allowed to cast vote by post
    a. CS on election duty
    b. defense personnel posted in forward area
    c. Indian diplomat posted abroad
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130
Q

MCC -

  1. legal?
  2. when does it come into force?
  3. till when is it operational?
  4. examples of conduct
A
  1. no legal sanction - SC approval
  2. comes into force when the election schedule is announced by President or Governor:
    • normally 3 weeks in advance of the election notification
  3. operational till the official results
  4. 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
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131
Q

ECI - functions

A
  1. voter list
  2. pol parties
    • registration
    • recognition
  3. allots symbols
  4. election schedule
  5. 102 (1) - advises President & Governor - disqualification of MPs, MLAs & MLCs
  6. expresses opinions in SC & HC - hearing of corrupt electoral practices
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132
Q

ECI elections to?

A

President
Vice President
LS & RS
MLAs & MLCs

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133
Q

Recognition of state parties

A
  1. min. 6 % valid votes (LA) AND min. 2 seats in LA
  2. min. 3 % seats in LA OR min 3 seats in LA; whichever is more
  3. min. 6% valid votes from the state in LS AND 1 seat in LS from the state
  4. 1 seat in LS for every 25 seats OR the fraction thereof allotted to the state in LS
  5. 8% of valid votes polled in the state at a general election to the LS
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134
Q

Recognition of national parties

A
  1. min. 6 % valid votes in min. 4 states (LS or LA elections)
    AND min. 4 seats in LS from any state(s).
  2. min. 2% seats in LS from at least 3 states
  3. recognized as a State Party in at least four states
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135
Q

benefits of becoming national and state party

A
  1. symbol
  2. free airtime for election campaign
    • Doordarshan
    • All India Radio
  3. subscription from voters not reqd for the nomination papers
  4. chance to regain status
    • 10 yrs.
    • only symbol can be used
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136
Q

Punchhi Committee recommendations

A
  1. Background
    • 2007
    • To examine center-state relations
  2. 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.
  3. Concurrent List Subjects
    • The Centre should consult states before introducing bills on the concurrent subjects through the inter-state council.
  4. President’s Pocket Veto
    • President’s decision to use his Pocket veto power is communicated to the State within six months.
  5. 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.
  6. Article 253
    • The states should be involved more in such treaties.
  7. 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.
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137
Q

Sarkaria Committee Recommendations

A
  1. Article 370
    suggested its not a transitory provision - in response to “one all-India political party” that demanded the deletion of Article 370
  2. 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 cases
      B. 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
  3. Inter-Governmental Councils
    • establishment of permanent Inter-State Council
    • the Inter-State council was established in 1990
  4. 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.
  5. 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
  6. The economic development of the backward regions in a planned manner - the separatist tendencies will be automatically controlled.
  7. 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
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138
Q

Legislative Process in the state - money bill

A
  1. can only be introduced in LA

2. same way as LS money bill

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139
Q

Legislative Process in the state - financial bill

A
  1. can only be introduced in LA
  2. 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

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140
Q

Legislative Process in the state - ordinary bill

A
  1. can be intro in either LA or LC
  2. intro by LC - passed and sent to LA - if rejected the Bill lapses.
  3. 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

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141
Q

Citizenship - Naturalization

A

can be acquired by a Foreigner who is ordinarily a resident in India for 12 years

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142
Q

Citizenship - incorporation of new territory

A

The individual in the territory is given an option for opting for Indian citizenship.

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143
Q

Loss of Citizenship

A
  1. Renunciation
    • voluntarily surrender
    • but GoI may not accept
  2. Termination
    • by an act of law
  3. 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
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144
Q

Jus Soli

A

law of soil

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145
Q

Jus Sanguine

A

law of blood

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146
Q

Citizenship - Registration

A

NRIs
OCIs
PIOs

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147
Q

Prorogation

A
  1. meaning - the action of discontinuing a session of parliament w/o dissolving it.
  2. Procedure:
    • Presiding Officer - declares adjournment sine die
    • President issues a notification
  3. President can prorogue the House while in session.
  4. All pending notices lapse, other than those for the introduction of Bills.
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148
Q

Quorum

A
  1. Minimum no. of members to transact any business - required for each House - includes presiding officer
  2. minimum - 1/10th
  3. if no quourum - presiding officer adjourns or suspends the House until quorum
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149
Q

Question Hour

A
  1. 1st hour of every sitting - mentioned in Rules of Procedure
  2. questions are usually addressed to ministers but can also be addressed to the private members
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150
Q

Zero Hour

A
  1. informal device - questions can be raised w/o any prior notice
  2. Indian innovation - since 1962
  3. It’s the time gap b/w Question Hour and the Agenda
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151
Q

Types of Motions

A

Substantive
Substitute
Subsidiary - Ancilliary, Superseding, Amendment

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152
Q

Point of Order

A
  1. raised by a member when proceedings not following normal Rules of the House
  2. the question should be within the cognizance of the Speaker
  3. 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
  4. the parliamentary proceedings are suspended
  5. No debate is allowed on the point of order
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153
Q

Half an Hour Discussion

A
  1. the issue should be of sufficient public importance
  2. Speaker can take it up in the House 3 days in a week
  3. No formal motion or voting on it.
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154
Q

Short Duration Discussion

A
  1. 2-hour discussion
  2. 2 days in a week - by Speaker
  3. No formal motion or voting
  4. Indian innovation, since 1953
  5. Urgent public importance
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155
Q

Closure Motion

A

the debate is cut short and the matter is put to vote.

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156
Q

Privilege Motion

A
  1. for breach of parliamentary privileges

2. purpose is to censure the minister

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157
Q

Calling Attention Motion

A
  1. calling the attention of the Minister
  2. mentioned in the Rules of Procedure
  3. since 1954
  4. seeks an authoritative statement - urgent public importance
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158
Q

Adjournment Motion

A
  1. to draw the attention of the House on a matter of urgent public importance
  2. needs support of 50 members to be admitted
  3. Discussion: minimum of 2.5 hours
  4. involves an element of censure - thus only LS, not RS can introduce
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159
Q

No-Confidence Motion

  1. Draws reference to which Article?
  2. Requires how many members support to be admitted?
A
  1. Article 75 - CoM collectively responsible to the LS

2. need the support of 50 members to be admitted

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160
Q

Censure Motion

A

Unlike No-Confidence Motion, it needs to:

  1. state the reason for its adoption
  2. can be moved against the individual minister or CoM
  3. aim: to censure CoM for specific policies and actions
  4. CoM need not resign if motion is passed (passed by which majority?)
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161
Q

Motion of Thanks

A
  1. The first session after each general election, and first session of every fiscal year.
  2. President outlines the programmes and achievements of the preceding year and the ensuing year.
  3. Must be passed, else government stands censured.
  4. Questions and debates can be raised by the members.
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162
Q

No Day Yet Named Motion

A

The motion admitted by the Speaker but no date fixed for the discussion.

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163
Q

Money Bill, Ordinary Bill, FInancial Bill, CAB

A

Refer handmade flashcards

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164
Q

Sessions of Parliament

A
  1. Budget Session
    • President is the presiding officer
    • Vote of Thanks
  2. Monsoon Session
  3. Winter Session
  4. Special Session - convened by the President on the advice of CoM - transact one or more specified business.
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165
Q

Adjournment

A
  • means small break or recess within an ongoing session of the Parlia
  • the session does not end
  • by presiding officer
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166
Q

Adjournment sine die

A

adjourned for an indefinite period - no date specified for reconvening

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167
Q

Status of Bill after the dissolution of LS

A
  1. Passed by both the Houses but returned by the President for the recommendation
  2. Passed by both the Houses however President’s assent is pending
  3. Bill was notified for a joint sitting before the dissolution of the LS
  4. Bills pending in RS, which were not put into LS
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168
Q

Relief Fund

A
  1. funds contributed by the general public - used to rehabilitate the victims of natural calamities
  2. subject to the audit by CAG
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169
Q

Annual Financial Statement

- includes statements for what all years and what kind of statements?

A

3 years -

  1. preceding (exact receipts and expenditure),
  2. ongoing (estimated receipts and expenditure),
  3. upcoming (proposed receipts and expenditure)
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170
Q

Appropriation Bill - under what? contains what?

A

Finance Bill

Contains -
demand for grants
charged expenditure

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171
Q

Vote on Account

A
  1. grant in advance
  2. 1/6th of the total proposed expenditure
  3. for 2 months can be for more
  4. passed by LS w/o discussion after the general discussion on Budget is over
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172
Q

Policy Cut Motion

A
  1. amount of demand reduced to Rs. 1
  2. if passed the government stands censured
  3. cannot be brought by the ruling party
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173
Q

Economy Cut Motion

A
  1. to bring economy in expenditure
  2. to reduce the amount of demand by a specified amount
  3. can be moved by any member of LS
  4. does not amount to the defeat of the government
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174
Q

Token Cut Motion

A
  1. to bring attention to a specific grievance in the area of governance
  2. if passed the amount can be reduced by Rs. 100
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175
Q

Application of Guillotine

A

80% of the demand in grants, in the budget, clubbed together and w/o discussion it’s voted upon.

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176
Q

Vote on Credit

A

Blank cheque

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177
Q

Leader of Opposition

  1. Constitutional or Statutory?
  2. How many seats required to be LOO?
  3. Why such a post?
A
  1. statutory recognition by an Act of 1977,
  2. min 10% seats in LS
  3. provides constructive criticism/ alternative government
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178
Q

Whip

A
  1. Assistant floor leader
  2. For each party
  3. ensures attendance/ discipline/ securing support on an issue (for or against)
  • Whip - just a convention.
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179
Q

Leader of the House

  1. Constitutional or Statutory?
  2. Who?
A
  1. mentioned in the Rules of House/ not in Constitution
    - same for L.O.O
  2. PM or nominated by the PM
  3. can nominate deputy leader
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180
Q

Anti Defection - CAA and schedule?

A

52nd CAA, 1985; and Xth Schedule

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181
Q

IVth Schedule

A

Distribution of seats to RS in different states

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182
Q

Total no. of schedules in the Constitution

A

12

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183
Q

anti-defection covers whom?

A

MP, MLA, MLC

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184
Q

disqualification grounds under anti-defection

A

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.

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185
Q

SC judgment - whip is binding only in cases of?

A

Binding only in:

  1. confidence/ no-confidence motion
  2. vote of thanks
  3. money bill
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186
Q

exceptions to anti-defection law

A
  1. 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.
  2. 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.
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187
Q

Kihoto Hollohan Case, 1993

A

the decision of presiding officer regarding anti-defection is subject to JR.

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188
Q

Dinesh Goswami Committee - recommendations on anti-defection

A

disqualification powers shall be vested with President/ Governor, who acts in consultation with ECI.

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189
Q

Emergency - Part?

A

18

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190
Q

National Emergency - Article?

A

352

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191
Q

NE -

  1. proclamation procedure
  2. period of operation
A
    • 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.
  1. 6 months; extension requires the approval of the Parliament in the same manner.
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192
Q

Withdrawal/ Revocation of NE

A
  1. automatic revocation - if any House does not approve further continuation within 1 month or thereafter
  2. proclamation of revocation - issued by the President on the advice of CoM - can be done anytime
  3. 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.
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193
Q

extension of terms of LS/ LA during NE

A

can be increased one year at a time

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194
Q

Financial Effects of NE

A

distribution of finances between Center-state cease to be in operation

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195
Q

Effects of NE on FRs

A

358 - 19 - war/ external aggression

359 - 20, 21 - internal rebellion

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196
Q

CAA - related to NE

A

44th AA, 1978

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197
Q

changes brought in the area of NE under 44th AA, 1978

A

8 cases:

  1. Armed Rebellion instead of internal disturbance
  2. written recommendation of the Cabinet to the President
  3. to be approved within 1 month after the proclamation by a special majority (earlier it was 2 months and simple majority)
  4. Once approved remains in operation for 6 months and requires further approval to extend (earlier NE applicable till revoked by the President)
  5. LS - special powers in the matter of removal of NE
  6. FR u/A 19 can only be suspended when NE on the grounds of war & external aggression
  7. FRs u/A 20 & 21 can never be suspended
  8. Continuation of President Rule u/A 356 has been restricted to max. 3 years.
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198
Q

355

A

Grounds of Imposition of President’s Rule

199
Q

conditions on the continuation of President’s Rule beyond 1 yr.

A
  1. there is a NE operational through India or in a part of that state.
  2. ECI certifies that conditions in the state are not conducive for holding free & fair elections.
200
Q

the maximum period of President’s Rule

A

3 years

201
Q

Effects of President’s Rule

A
  1. President (can) assumes all executive functions
  2. President (can) authorize the Parliament with the power of legislation.
  3. President cannot assume the powers of the HC within the state.
  4. Parliament can authorize the President to spend money out of the Consolidated Fund of the State.
202
Q

S.R Bommai Case recommendations

A
  1. Pres decision = CoM satisfaction
  2. President’s Rule subject to JR - Report can be declared ultra vires
  3. The report of the Governor should be a speaking document.
  4. Support to CM to be tested on the floor of the House
  5. If the report found ultra vires - Court can revive CoM and restore LA
  6. The dismissal of the CoM & Dissolution of LA should not be done simultaneously.
203
Q

360

A

Financial Emergency

204
Q

Effects of FE

A
  1. Revenue distribution b/w the Centre and the state ceases to be in operation.
  2. Union can give directions to the state w.r.t maintenance of their finances.
  3. The union government can direct the state to reduce the salary & allowances.
  4. Salary & allowances of all or any union government functionaries can be reduced, including the charged expenditures.
205
Q

Annual Confidential Report

A

Performance evaluation system

206
Q

DPSPs - all

A
  1. 38 promote the welfare, by securing social order spread by justice (S, E & P) - minimize inequalities in income, status, facilities & opp.
  2. 39
    a) Means of livelihood
    b) Equitable distri. of material for common good
    c) Prevention of conc. Of wealth & MoP
    d) Equal pay for equal work – men & women
    e) Prevention of health of workers and children from abuse
    f) Healthy development of children
  3. 39 A equal access to justice and free legal aide to poor
  4. 40 Organisation of village panchayats
  5. 41 secure the right to work & edu.; public assistance in unempl., old age, sick & disable
  6. 42 Provision for just and humane conditions of work and maternity relief
  7. 43 secure living wage, etc. for workers
  8. 43 A promote participation of workers in the management of industries
  9. 43 B promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies
  10. 44 UCC
  11. 45 free and comp. edu for children
  12. 46 promotion of edu. & eco. Interests of SCs, STs & ors. Weaker sections
  13. 47 raise the level of nutrition, the standard of living, improve public health, the prohibition of intoxicating drinks and drugs except for medicinal purposes
  14. 48 Organisation of agriculture & animal husbandry, the prohibition of slaughtering of cows, calves, milch and draught animals
  15. 48 A protection & improvement of enviro., safeguarding forests & wildlife
  16. 49 protection of monuments and places and objects of national importance
  17. 50 separation of judiciary from the executive in the public services
  18. 51
    a) Promote intn’l peace and security
    b) Just and honorable relations
    c) Foster respect for intn’l law and treaty obligations
    d) Encourage settlement of intn’l disputes by arbitration
207
Q

19

A

check mind palace

208
Q

mind palace for DPSPs

A
  1. Agar hum social order or justice ko secure karenge toh welfare promote hogi & inequalities kam hogi.
  2. Aisa karne ke liye hume:
    a. Livelihood ke means dene honge
    b. Resources ka equal distribution karna hoga
    c. Conc. of wealth & MoP ko prevent karna hoga
    d. Bohot imp hai ki men & women ko equal kaam ke liye equal pay mile.
    e. Hum women & children ki health prevent karni hai from any kind of abuse.
    f. Tahi bacho ki healthy development hogi.
  3. Ab socho just in case, ye unhe nahi milta hai toh unke paas equal justice & free legal aide hona chaiye hai so that who apne right ke liye fight kar sakein.
  4. Poor aur hi zyada strengthenb honge agar woH village panchayats organize karenge.
  5. Ab Panchayat ki responsibility ban jayegi unke liye equal work & edu secure karna. Sirf itna hi nahi balki kuch certain cases mai public assistance provide karna.
  6. But zaroori hai ki jahan who kaam karein wahan just & humane conditions honi chaiye aur unhe maternity relief milna chaiye.
  7. Kaam toh woh cottage industries mai karenge na.
  8. Ab hume workers ka participation bhi increase karna hai industries management mai.
  9. Iske liye hum promote karenge cooperative socities ka voluntary formation, autonomous functioning, democratic control and professional management.
  10. Ab hume sab logo ka at large sochte hue UCC lana hai.
  11. Aur who tab tak nahi aayega jab tak log uski importance na samjhe, jo who sirf education se samjh payenge. Isliye State ne free & compulsory education provide kardi.
  12. Jab bhi edu ki baat hoti hai toh hume realize hota hai ki hume SC/ ST & other weaker sections ko educationally & socially promote karna hai.
  13. Unka nutrition, standard of living and health improve karni hai, toh intoxicants prohibit karna hoga.
  14. Ye possible hai agar hum organize karvate hai agriculture & animal husbandry. Hmari duty ye bhi banti hai ki hum slaughter prohibit karein.
  15. Ab since slaughter prohibit karein hai toh environment ko bhi improve karna hai and forest & wildlife ko safeguard karna hai.
  16. Protection ki baat chal rhi hai toh hmari responsibility hai monuments & objects of national importance ko protect karna.
  17. Hum dhang se protect kar rhe hai ya nahi iske liye executive & judiciary ka separate hona imp hai tabhi pata lagega.
  18. India ki international policy hmesha ye rahiye ki
    a. International peace & security ko promote karna
    b. Just & honorable relations maintain karna
    c. Foster respect for international laws & treaty obligations ke liye
    d. Aur iske liye international disputes ko arbitration se settle karna important hai.
209
Q

Article 22 -

  1. How many Parts?
  2. 1st Part?
A

Protection against arrest and detention.

2 Parts -

  1. Arrest under ordinary law
  2. Arrest under preventive detention law

22 confers 4 rights on a person who is arrested or detained under ordinary law:

  1. Right to information of grounds of arrest
  2. entitlement to consult a lawyer
  3. Person to be produced before the judicial magistrate within 24 hours, excluding the time of journey.
  4. To be released after 24 hours unless the judicial magistrate authorizes further detention
210
Q

13 (1)

A

definition of law

211
Q

13 (3)

A

doctrine of severability

212
Q

14 to 18

A

Right to Equality

Article 14: Equality before the law and equal protection of laws

  • Equality before law (British origin)&raquo_space; No man is above law irrespective of his rank or position
  • Equal protection of the law (US origin)&raquo_space; Among equals, the law should be equal & equally administered
  • Exception: President, Governor, Foreign diplomats

Article 15: Right against Discrimination

  1. No discrimination on the basis of caste, race, religion, sex or place of birth only
  2. No discrimination w.r.t access of shops, hotels & public places including bathing Ghats
  3. Empowers state to make special provisions for the advancement of SC & ST (including their admission in educational institutions&raquo_space;> Public & private both)
  4. Empowers state to make special provisions for women & children
  5. added by 93rd AA, 2005. Reservation to backward classes in educational institutions both private (aided or unaided) and public. Only minority educational institutions listed in Schedule V and VI are exempted from this provision.

Article 16: Equality of opportunity

  1. Equality of opportunity to all citizens for employment under state office
  2. No discrimination against citizens only on the grounds of religion, sex, caste, descent, place of birth, or residence in the matter of public employment.
  3. parliament may by law regulates the extent by which it would be possible to depart from article 16. Example providing residence as a ground or qualification in certain categories.
  4. Special provisions for reservation of employment for backward classes if the class is not adequately represented in the public service. However, need to satisfy two conditions for this:
    • the class should be socially and educationally backward.
    • the class shall not be adequately represented in the public service.

–> Mandal Commission was formed in response to it, which was challenged in Indira Sawhney Case, 1992 popularly known as Mandal Judgement.

–> 16(4A) added in response to it through 77th AA, 1995, which provided reservation to SC and ST even in the promotion.

  1. The state can prescribe religion as a qualification of getting employed in certain categories of public employment.

Article 17: Abolition of untouchability
- Untouchability offense act, 1955 was amended and renamed as civil rights protection act in 1976

Article 18: Abolition of titles

  1. Prohibits the state to confer titles to anyone citizen or non-citizen&raquo_space; Exception: Military; Academic distinction
  2. Prohibits a citizen of India from accepting any titles from any foreign states
  3. A foreigner holding any office of profit or trust under the state is not to accept any titles from foreign states without the consent of the president
213
Q

19 to 22

A

Right to Freedom

(Article 19): Right to Freedom 
The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 
1) Freedom of Speech and Expression, 
2) Freedom of Assembly, 
3) Freedom to form associations, 
4) Freedom of Movement, 
5) Freedom to reside and to settle, and 
6) Freedom of the profession, occupation, trade, or business.

Article 20: Protection in respect of conviction for offenses

Article 21: Protection of Life & Personal Liberty

Article 21 – A: Right to education (Added by 86th amendment) – Absolute right

  • The state shall pass free & compulsory education to all children of age 6 to 14 years
  • Only elementary education, not higher education

Article 22: Protection against arrest & detention

214
Q

23 to 24

A

Right against Exploitation

Article 23 prohibits traffic in human beings, women, children, beggars or other forced labor militate against human dignity.

Article 24 prohibits employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms.

215
Q

30 (1A)

A

The right to property to minority EI though the state can take the property in the public interest by giving due compensation.

216
Q

heart and soul of the constitution

A

Dr. B.R. Ambedkar - Article 32

217
Q

29(2)

A

denial of admission - religion, race, caste or language

218
Q

32 (1)

A

The right to move SC for the enforcement of rights conferred by this part.

219
Q

32 (2)

A

Writ jurisdiction of SC - a concept taken from the UK

220
Q

32 (3)

A

Parliament has the power to confer the writ jurisdiction to any other body too.

under this Administrative Tribunal Act, 1985 was passed.

221
Q

32 (4)

A

A32 cannot be suspended as otherwise provided by the Constitution

222
Q

Habeas Corpus

A

means to have the body.

principle of locus standi does not apply here.

223
Q

Mandamus

A

means a command to do or not to do.

  • to a public authority.
  • cannot be issued against a public authority having discretionary powers
  • cannot be used against the Governor or the President
224
Q

Certiorari

A

means quash - used to kill/ quash a judgment, direction, or order issued by a judicial or quasi-judicial body.

225
Q

Prohibition

A
  • against a judicial or quasi-judicial body

- to prevent from performing a certain task/ action.

226
Q

Quo Warranto

A
  • by what authority

- to ensure that a person holding a public office is authorized or qualified to do so.

227
Q

FRs v/s DPSPs. - cases and CAA

A

Cases:
• C – Champaran Dorairajan Case, 1954:
- FRs > DPSPs
- but FRs can be amended

• G – Golaknath Case, 1967
- FRs cannot be amended for the implementation of DPSPs

• Parliament enacted :
o 24th CAA, 1971 – power & procedure to amend the
Constitution
o 25th CAA, 1971 – inserted a new Article 31C
[DPSPs 39(b) & 39(c) > FRs (14, 19, 31)] –such
laws cannot be challenged

• K – Keshavananda Bharati Case, 1973
- upheld 31C
- unconstitutional provision - such laws cannot be
challenged

• 42nd AA, 1976 extended the scope of Article 31C to
all FRs

• M - Minerva Mills Case, 1980
- held the extended provision - unconstitutional
- gave the Theory of Harmonization and balance
b/w FRs & DPSPs, which is considered to be a
part of the Basic Structure of the Constitution

228
Q

31 C

A

if Parliament enacts a law to give effect to two DPSPs, u/A 39(b) & 39(c), and in the process violate FRs u/A 14, 19 & 31, then it cannot be held unconstitutional merely on this ground

229
Q

Liberal - Intellectual DPSPs

A
  1. Article 44 Secure for all citizens a uniform civil code throughout the country
  2. Article 45 Provide early childhood care and education for all children until they complete the age of six years
  3. Article 48 Organise agriculture and animal husbandry on modern and scientific lines
  4. Article 49 Protect monuments, places, and objects of artistic or historic interest which are declared to be of national importance
  5. Article 50 Separate the judiciary from the executive in the public services of the State
  6. Article 51
    - a. Promote international peace and security and maintain just and honorable relations between nations
    - b. Foster respect for international law and treaty obligations
    - c. Encourage settlement of international disputes by arbitration
230
Q

Gandhian DPSPs

A
  1. Article 40 Organise village panchayats and endow them with necessary powers
    and authority to enable them to function as units of self-government
  2. Article 43 Promote cottage industries on an individual or co-operation basis in rural areas
  3. Article 43B Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
  4. Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation
  5. Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
  6. Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
231
Q

Socialist DPSPs

A
  1. Article 38 - Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimize inequalities in income, status, facilities, and opportunities
  2. Article 39 - Secure citizens:

2a. Right to adequate means of livelihood for all citizens
2b. Equitable distribution of material resources of the community for the common good
2c. Prevention of concentration of wealth and means of production
2d. Equal pay for equal work for men and women
2e. Preservation of the health and strength of workers and children against forcible abuse
2f. Opportunities for the healthy development of children

  1. Article 39A Promote equal justice and free legal aid to the poor
  2. Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:
    Right to work
    Right to education
    Right to public assistance,
  3. Article 42 Make provision for just and humane conditions of work and maternity relief
  4. Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all workers
  5. Article 43A Take steps to secure the participation of workers in the management of industries
  6. Article 47 Raise the level of nutrition and the standard of living of people and to improve public health
232
Q

DPSPs - part and articles?

A

Part IV and 36 to 51

233
Q

FDs - part and articles?

A

Part IVA and 51(a) to 51(k)

234
Q

Swaran Singh Committee Recommendations

A
  • Inclusion of a separate chapter on FDs in the Constitution.
  • It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.
235
Q

cases where the Union can intervene in the state subject - Schedule VII

A

249 - RS resolution passed by the special majority - in the national interest - 1-year validity - can be renewed by RS resolution
250 - under NE
252 - 2 or more states request - such a law can repeal-only by the Parlia
253 - under international treaty obligation
356 - President’s Rule

236
Q

distinctive features of Indian federalism

A

352 - NE
3 - change of territorial extent of states - not a CAA
Schedule VII - does not cover residuary list
248 - residuary powers
256 & 257 - railways & communications
155 - Governor
312 - AIS
324 - ECI
148 - CAG
seat distribution to states in RS - Schedule IV - Asymmetrical & Nominated seats

237
Q

Areas that affect the distribution of power between the Centre and states - require a special majority and absolute majority for amendment

A

54 and 55 - election of President - whip is not issued
73 and 162 - Union & state executive powers
228 - HCs in UTs
Chapter IV Part AV - SC
Chapter V Part VI - HCs
Chapter I Part XI - legislative relations between Centre & state
Schedule VII
Representation of states in RS
368

238
Q

amendment of DPSPs - which majority?

A

Special

239
Q

Equality of Opportunity in Public Employment:

  1. Commission recommendations
  2. Related Case - rulings
  3. Related Amendments
A
  1. Reservation of 27% for government jobs &
    promotions at all levels for OBCs in public service.
  2. Mandal Case (1992) or Indira Sawhney Case
    a. rejected the additional 10% reservations for
    poorer sections of higher castes
    b. OBC creamy layer to be excluded
    c. no reservation in promotions
    d. total reserved quota limit 50%
    e. carry forward rule in case of backlog vacancies is
    valid. But it should not violate the 50% rule.
    f. a permanent statutory body should be established
    to examine complaints of over and under inclusion
    in the list of OBCs.

86th AA, 2000 - empowers the State to consider the unfilled reserved vacancies of a year to be filled up in any succeeding year or years. - Thus. ending the 50% ceiling on the reservation in backlog vacancies.

240
Q

16 (4)

A

Mandal Case/ Indira Sawhney Case, 1992
SC observations - reservations in jobs - upheld on few conditions
16 (4A) - reservation in promotions - 77th AA, 1995
Nagaraj Case, 2002

241
Q

cases related to Article 31 C

A
Champakam Dorairajan Case, 1951 
Golaknath Case, 1967
24th CAA, 1971 and 25th AA, 1971
Keshavananda Bharati Case, 1973
Minerva Mills Case, 1980
242
Q

77th AA, 1985

A

intro 16 (4A)

243
Q

Derived FRs

A

inferred by the SC/ court of law

244
Q

Article 33

A

an exception to 19 (1)(c)

restrictions to form associations - security forces, civil servants associated with security forces

245
Q

grounds of restriction - 19 (1)(d)

A

security
public order
interest of STs

246
Q

Inner Line Permit (ILP)

A
  • kind of visa for some parts of Arunachal Pradesh and Kashmir
247
Q

provision of cooperative societies in 19 (1)(c) - added by which CAA?

A

97th AA, 2007

248
Q

composite right of Indian Constitution

A

21

249
Q

Exceptions to the rule of equality

A

361 - immunities to President/ Governor
361 A - publication of a substantially true report
105 - immunities to MP
194 - immunities to MLA
31 C -to implement 39 (b) and 39(c) - where 31 C comes in Article 14 goes out, acc to SC

250
Q

which amendment ends 50 % ceiling on reservation in backlog vacancies

A

86 AA, 2002

251
Q

grounds of restriction on:

  1. 19 (1)(a)
  2. 19 (1)(b)
  3. 19 (1)(c)
  4. 19 (1)(d)
A
  1. Reasonable Restrictions
    a. Sovereignity and integrity of India
    b. Security
    c. Friendly relations with foreign states
    d. Public order
    e. Decency
    f. Contempt of court
    g. Incitement to an offense
  2. a. 144 CrPC – health/ safety/ public order
    b. 141 IPC - of more than 5 people
  3. a. Right to strike not an FR
    b. Right to obtain recognition of an association, not
    an FR
    c. Article 33 – security forces/ civil servants
    associated with the security forces
  4. a. Public order
    b. Security
    c. Interest of STs
252
Q

Exceptions to Article 20

A

Ex post facto

Double Jeopardy, not applicable in
1. departmental proceedings - because they are not of judicial nature

Self Incrimination not applicable in

  1. pieces of evidence - material objects, thumb impression, specimen signature, a blood sample
  2. civil proceedings, or ones not of criminal nature
253
Q

Article 21 A - CAA?

A

86th AA, 2002

254
Q

Exceptions to Article 22

A

According to SC, Article 22 not applicable when arrested under:

  1. court order
  2. civil arrest
  3. failure to pay the income tax
  4. Deportation of an alien

According to SC, Article 22 is applicable only on criminal and quasi-criminal proceedings or some activity prejudicial to the public interest

2:2 :: P:P (prohibition - preventive detention)

255
Q

Constitutional Rights/ Legal Rights or Non- fundamental rights - name them.

A

265 - tax to be collected only as per law
300 A - no deprivation of the right to property
301 - trade, commerce, and intercourse - free
326 - universal adult suffrage

256
Q

70th AA, 1992

A

expression State includes Delhi and Puducherry

257
Q

can suspended MLAs participate in President’s elections?

A

Yes, eg. in 1967 - Rajasthan MLAs

258
Q

Can dissolved MLAs participate in President’s elections?

A

No

259
Q

Is President part of the Parliament?

A

Yes

260
Q

Is President member of the Parliament

A

No

261
Q

Returning Officer - election of President

A

Rotation - LS and RS Secretary-General

262
Q

President:

  1. Term of Office
  2. Can be elected how many times?
  3. What if a vacancy/ absence is created in the office?
A
  1. 5 years
  2. any no. of times
    • Vacancy - election to be held within 6 months.
      Meanwhile, VP holds office.
    • Absence - VP holds office until he resumes.
263
Q

74

A

42nd AA, 1976 - aid and advice binding on President

44th AA, 1978 - can request to reconsider advice - ut still binding

264
Q

Discretionary powers of President

A
74
78
78 (c)
85
Right to warn and encourage the CoM

invite the leader of any party to form the government when no clear majority (individually or in coalition)

dissolution of LS - bound y CoM advice - only if CoM enjoys majority

caretaker government

265
Q

Ordinance Powers

A

123 - President
213 - Governor

An ordinance has a retrospective effect. subject to JR.

Needs to be approved by both the Houses within 6 weeks of reassembly.

266
Q

Vice President - election whip?

A

not issued

267
Q

VP - Qualification

A

35 yrs,
eligible to become a member of RS,
no office of profit

268
Q

Offices not regarded as an office of profit for the election of VP

A
President
VP
Governor
Minister of Union
MoS
269
Q

Nomination of VP

A

supported by 20 seconded by another 20

270
Q

Removal of VP -

  1. procedure
  2. Is there any investigation procedure mentioned in the Constitution?
A

14 days notice to VP before a resolution is passed by RS (the then majority, i.e. effective) - then to be agreed by the LS (simple majority).

No grounds mentioned.
The investigation is done in accordance to rules of RS, and not Constitution.

271
Q

Schedule II

A

emoluments, allowances, privileges

272
Q

CoM

A

Include 3 types of Ministers:

  1. Cabinet Ministers
  2. Minister of State
  3. Deputy Minister
273
Q

Cabinet Ministers

A

They have the right to attend the meetings - not invited but informed

274
Q

MoS

A

Second Rank ministers
Can also be given an independent charge
attend the meetings of the CoM only if invited

275
Q

Deputy Ministers

A

Junior most ministers
No independent charge
Invited for meetings
assist Cabinet Ministers & MoS

276
Q

Parliamentary Secretaries - function and oath

A
members of the ruling or coalition party
appointed by the PM
NOT the members of CoM
assist the members of CoM  in the Parliament and the Committees
oath is conducted by the PM
277
Q

75(2)

A

ministers individual responsibility to President

278
Q

75 (3)

A

collective responsibility of CoM to LS

279
Q

Kitchen Cabinet

A

Inner Cabinet

280
Q

Shadow Cabinet

A

notional form of the cabinet formed by the opposition party

281
Q

caretaker government - under which provision

A

74

282
Q

Interim government

A

formed during the transitional phase of the country’s political system
it is a full-fledged government

283
Q

Constructive Motion of No Confidence

A

• Concept from Germany

• Opposition Party introduces 2 motions
simultaneously

• First motion expresses a lack of confidence of the
House in the present CoM

• And the second motion expresses the confidence of
the House in the leader of the opposition

284
Q

76

A

AG

285
Q

AG -

  1. Who is he?
  2. Qualification?
  3. Can he take Private practice?
  4. Is he a government servant?
  5. Appointed by?
  6. Power?
  7. Immunities
  8. Salary
  9. Is it an office of profit
  10. Convention related to him?
  11. Is it a constitutional post?
  12. SG/ ASG - constitutional posts?
A
  1. first law officer/ lawyer of UoI
  2. qualification - SC judge
  3. can take Pvt. practice
  4. not a government servant - nor a full-time counsel
  5. appointed by President
  6. right to have an audience
  7. same immunities as MP
  8. retainer not salary
  9. AG Office - office of profit
  10. convention - resigns when government changes
  11. constitutional post
  12. SG/ ASG - statutory post
286
Q

RS members -
total no. of seats & distribution of seats?
how many seats get vacant and when?
what ballot & election system?

A

max. seats - 250; 12 nominated; 4 are elected from the UTs - Delhi & Puducherry

every 2 years 1/3rd of the members retire.

Open Ballot system by the system of Proportional Representation Single Transferrable Vote System

287
Q

RS members - election

A

elected by the elected MLAs of the respective state

288
Q

RS members qualification

A
  1. citizen
  2. not less than 30 yrs.
  3. must be registered voter in any of the LS constituency
  4. make and subscribe to oath or affirmation before the person as prescribed by the election commission
289
Q

LS - qualifications

A
  1. citizen
  2. not less than 30 yrs.
  3. must be registered voter in any of the LS constituency
  4. make and subscribe to oath or affirmation before the person as prescribed by the election commission
290
Q

Head of LS Secretariat

A

Speaker

291
Q

Speaker/ Deputy Speaker - removal

A

Same for Speaker and Deputy Speaker:

  • removed by a resolution passed by a majority of all
    the members of LS - but such resolution can be
    moved only after 14-days notice
  • he cannot preside when such removal is under
    consideration, however, he can speak and take part in
    the proceedings of the House.
292
Q

Protem Speaker -
charge of office - when?
oath?
function?

A

takes charge of Office from previous Speaker immediately before the first meeting

administers oath from President

conducts oath of newly elected MPs

preside over the election to the office of Speaker

293
Q

President - resignation letter to?

A

Vice President

294
Q

Speaker - oath

A

Speaker takes oath only as an MP in front of protem Speaker, he is later elected to the post of Speaker - no oath as a Speaker

295
Q

The panel of Chairpersons of LS

A

nominated by Speaker; max - 10

for when the speaker or deputy speaker absent only - not vacancy; if vacancy - then the President appoints;

under Rules of Lok Sabha

296
Q

The panel of Chairpersons of RS

A

nominated by Chairman

for when the chairman or deputy chairman absent only - not vacancy; if vacancy - then the President appoints;

under Rules of Rajya Sabha

297
Q

Submission of Resignation:

  1. Deputy Chairman
  2. Chairman
  3. Speaker
  4. Deputy Speaker
A
  1. Chairman
  2. President (Chairman can only be removed from his office in his capacity as the Vice President)
  3. Deputy Speaker
  4. Speaker
298
Q

Special Powers of the Speaker

A
  1. Money Bill
  2. Joint Sitting
  3. Require a resolution and 14 days notice before the removal procedure begins
  4. Parliamentary Committees
299
Q

Voting powers to Presiding Officers during their removal

A
  1. Speaker - can vote in the first instance but cannot vote to break a tie
  2. Deputy Speaker - can vote in the first instance but cannot vote to break a tie
  3. Chairman - cannot vote at all
  4. Deputy Chairman - can vote in the first instance but cannot vote to break a tie
300
Q

Parliamentary Committees -

  1. Statutory or Constitutional?
  2. Structure, Composition, functions mentioned in?
  3. What is a Parliamentary Committee?
  4. What is a consultative committee?
A
  1. Constitutional
  2. Rules of the House
  3. 4 conditions:
    a. Appointed/ Elected by the House, OR,
    nominated by the presiding officer
    b. Works under the direction of the presiding officer
    c. Presents a report to the presiding officer
    d. Has a secretariat provided by the LS or RS
  4. Committees that do not fulfill the above 4 conditions
301
Q

Conditions to be a Parliamentary Committee

A
  1. appointed/ elected y the House OR nominated y the presiding officer
  2. works under the direction of p.o
  3. presents reports to the p.o
  4. personal secretariat provided by the LS/ RS
302
Q

Types of Committees

A

Parliamentary and Consultative

303
Q

types of parliamentary committees

A
  1. Standing - permanent and continuous

2. Ad-hoc - temporary/ cease to exist when work is done

304
Q

Types of standing committees

A
  1. Financial Committee
    1. 1 Public Accounts Committee
    2. 2 Estimates Committee
    3. 3 Public Undertakings
  2. Departmental Standing Committee
  3. Committee to Inquire
    1. 1 Petitions
    2. 2 Privileges
    3. 3 Ethics
305
Q

Public Accounts Committee -

  1. composition
  2. election system
  3. Term
  4. status of minister
  5. Chairman
A
  1. 22 members - 15 (LS); 7 (RS)
  2. proportional representation by means of single transferrable vote system
  3. term - 1 yr.
  4. the minister cannot be a member
  5. Chairman - appointed by Speaker; under convention since 1967 - Chairman from Opposition
306
Q

Public Accounts Committee

  1. Functions
  2. Is the committee assisted by the CAG
A
  1. examines public expenditure - examines the annual
    audit report of the CAG
  2. Yes
307
Q

Public Accounts Committee - how does it hold the executive accountable to the Parliament

A

Examines the CAG report from 2 dimensions:

  1. Legal & Formal - to discover technical irregularities
  2. Economy, Prudence, Wisdom & Propriety - to bring out the cases of waste, loss, corruption, extravagance, inefficiency, and nugatory expenses.
308
Q

Public Accounts Committee

  1. Limits
  2. Comments of Ashok Chanda
A
  1. Limits:
    a. questions of policy
    b. advisory, not binding
    c. cannot interfere into day to day administration
    d. not an executive body
    e. no power of disallowance of expenditure
  2. According to Ashok Chanda (former CAG) - the
    committee has lived up to the expectation and has
    been a powerful force in the control of public
    expenditure
309
Q

Estimates Committee - the role of CAG

A

not assisted by CAG

310
Q

Estimates Committee - limits

A

Limits:
1. areas allotted to the Committee on Public Undertakings

  1. Examines only after budget estimates have been voted upon by the Parliament.
  2. Cannot question the policy
  3. Advisory, not binding
311
Q

Estimates Committee - functions

A
  1. Examines the estimates included in the budget and
    suggest alternative policies to bring efficiency &
    economy in administration
  2. Thus also known as the Continuous Economy
    Committee.
312
Q

Estimates Committee -

  1. composition
  2. Election procedure
  3. tenure
  4. Chairman
A
  1. 30 members from LS only
  2. proportional representation by means of the single
    transferrable vote system
  3. 1 year
    4, from the ruling party
313
Q

Committee on Public Undertakings - limits

A
  1. Max. 12-15 PSUs in a year
  2. Doesn’t look into the technical matters
  3. Advisory, not binding
  4. Consideration of matters of PSUs particularly referred to separate machinery by any special statute.
  5. Matters of major government policy as distinct from the business or commercial functions of the public undertakings.
314
Q

Committee on Public Undertakings - functions

A

Examines the CAG report and accounts of the public undertakings

315
Q

Committee on Public Undertakings -

  1. composition
  2. Chairman
  3. Tenure
  4. Election system
  5. Status of minister
A
  1. 22 members - 15 (LS) & 7 (RS)
  2. Chairman - Speaker appoints - from LS only
  3. Tenure 1 year
  4. Election system - proportional representation by the means of a single transferrable vote system
  5. Minister cannot be a member
316
Q

DRSCs - aim?

A

to secure more financial accountability of the executive to the Parliament.

317
Q

DRSCs - recommendations - advisory/ binding?

A

Advisory

318
Q

DRSCs -

  1. composition
  2. status of minister
  3. Total no. of DRSCs?
A
  1. 31 members - 21 from LS nominated by the Speaker; and 10 from the RS nominated by the Chairman
  2. Minister cannot be a member
  3. 24
319
Q

DRSCs - functions

A

considers the demand for grants and bills pertaining to the ministries - need to make their report within a fixed period, i.e. for the period the House is adjourned after the general discussion.

320
Q

Committee on Petitions

  1. Strength
  2. Aim
A
  1. 15 members in LS Committee
    10 members in RS Committee
  2. to examine petitions on bills and on matters of general public importance
321
Q

Committee on Privileges

  1. Strength
  2. Features
A
  1. 15 members in LS Committee
    10 members in RS Committee
  2. semi-judicial in nature to investigate cases of breach of privileges
322
Q

Committee on Ethics

1. Features

A
  1. code of conduct of MPs

2. maintains discipline and decorum in Parliament

323
Q

Consultative Committees - who constitute them?

A

Ministry of Parliamentary Affairs

324
Q

Consultative Committees - aim

A

to provide a forum for informal discussion between the ministers and the MPs on policies and programmes of the government and the manner of their implementation

325
Q

Consultative Committee -

  1. Membership
  2. Strength
  3. attached to __?
  4. Chairman
  5. When is its meeting held?
A
  1. voluntary
  2. 10 to 30 members
  3. ministries/ departments
  4. Minister/ MoS
  5. during the session only.
326
Q

Parliamentary Forums -

  1. 1st establishment
  2. Objectives
  3. President
  4. now how many in total?
A
  1. Forum on Water Conservation & Management, 2005
  2. platform to have interactions with ministers and experts for meaningful discussion on critical issues.
  3. Speaker - ex officio President for all Forums except:
    a. Forum on Population & Public Health - Chairman
    is the ex-officio President, and the Speaker is the
    ex-officio co-president
  4. 8
  5. max. 31 = max. 21 from LS and max. 10 from RS -
    President, co-president and vice presidents
    excluded
327
Q

Indian Parliamentary Group (IPG) -

  1. what?
  2. how it fulfills its objective?
  3. President
  4. IPG acts as both __?
  5. Features
  6. Secretary-General?
A
  1. link b/w the parliament of India and the various parliaments of the world.
  2. a. delegations
    b. goodwill missions
    c. correspondence
  3. Speaker - ex-officio President
  4. a. National Group of the Inter-Parliamentary Union
    (IPU)
    b. India branch of the Commonwealth Parliamentary
    Association (CPA)
  5. a. autonomous body
    b. former MPs can also be associate members
  6. Secretary-General LS - ex-officio secretary-general
328
Q

Cabinet Committee

  1. statutory or constitutional?
  2. Types
  3. set up by
  4. Composition
  5. Purpose
A
  1. Extra-constitutional - provided by the Rules of Business
  2. Standing and Ad-hoc
  3. PM
  4. usually 3 to 8 cabinet ministers; non- cabinet
    ministers can also be a part. No fixed no.,
    nomenclature, etc.
  5. set out issues & formulate proposals and take
    decisions.
329
Q

Group of Ministers

  1. Type
  2. Purpose
A
  1. Ad- hoc

2. formed to give recommendations to the cabinet

330
Q

UPSC -

  1. provisions not mentioned in the Consti
  2. provisions explicitly mentioned in the constitution
A
  1. such provisions are left to the discretion of
    President:
    a. Strength
    b. Conditions of service
  2. half of the members should have an experience of
    at least 10 years in:
    a. GoI
    b. Government of state
331
Q

UPSC - articles and part

A

315 to 323 PArt XIV

332
Q

UPSC -

  1. composition
  2. term
  3. removal grounds
A
  1. 9 to 11 including the Chairman
  2. 6 years or 65 years, whichever earlier
  3. a. Insolvent
    b. Paid employment outside RPSC
    c. President’s opinion
    d. Misbehaviour - in this case, the matter has to be
    referred to the SC, SC decision shall be binding
    on the President - such grounds are mentioned in
    the Constitution
333
Q

UPSC - how is independence ensured?

A
  1. Chairman - not eligible for further employment in
    government
  2. Members - only eligible for Chairman
  3. Chairman & members not eligible for the second
    term
334
Q

UPSC -

  1. function
  2. Power to reject the advice of UPSC - ministries and departments?
  3. Special powers to the President
  4. Recommendations - advisory or binding?
A
    • Annual Report
    • Examinations for central government
  1. Individual ministries/ departments have no power to reject the advice of the UPSC - can be done only by the Parliament
  2. President can exclude matters from the purview of UPSC (mentioned in the Constitution) - however, such regulations must be placed before the Parliament for at least 14 days - Parliament can amend or repeal such regulations.
  3. Advisory
335
Q

SPSC

  1. term
  2. removal grounds
A
  1. 6 years or 62 years, whichever earlier
  2. even though the appointment is done by the Governor, removal can be done only by the President in the same manner as the UPSC members
336
Q

NHRC -

  1. composition
  2. Chairman - qualification
  3. Members - qualification
  4. Ex-officio members
  5. Appointed by
A
  1. 4+1 (members + Chairman)
  2. Retired CJI
  3. a. serving/ retired SC judge
    b. Serving/ retired CJ (HC) judge
    c. 2 members - who have knowledge or practical
    experience w.r.t Human rights issue
  4. 4 ex-officio members:
    a. Chairman - NC for minorities
    b. Chairman - NCSC
    c. Chairman - NCST
    d. Chairman - NC for women
  5. by the President on the recommendation of a 6 member committee:
    a. PM
    b. Speaker
    c. Deputy Chairman
    d. L.O.O
    e. Union Home Minister
337
Q

SHRC -

  1. composition
  2. Chairman - qualification
  3. Members - qualification
  4. Ex-officio members
  5. Appointed by
A
  1. 2+1 (members + Chairman)
  2. Retired CJ of HC
  3. a. serving/ retired HC/ district court judge
    b. 1 member - who have knowledge or practical
    experience w.r.t Human rights issue
  4. None
  5. by the Governor on the recommendation of a 3 member committee (incase LC is there then 4 member committee):
    a. CM
    b. Home Minister (state)
    c. L.O.O (LA)
    d. L.O.O (LC)
338
Q

exceptions to Ex-post Facto legislation

A

Ex post facto not applicable in

  1. civil/ tax laws
  2. trials (applicable only in conviction)
  3. under preventive detention
  4. demanding security from a person
339
Q

exceptions to double jeopardy

A

departmental proceedings - because they are not of judicial nature

340
Q

exceptions to self-incriminating evidence

A

pieces of evidence - thumb impression, material objects, specimen signature, a blood sample

civil proceedings, or proceedings not of criminal nature

341
Q

326 - disqualification grounds

A

NICCU

342
Q

227

A

control over the functioning of all the tribunals and subordinate courts

343
Q

Central Council of Local Government

A
  1. 263
  2. advisory body
  3. formed by order of President
  4. composition - Minister of Urban Development (GoI) + Ministers for local self-government in states
344
Q

Nagar Panchayat

A

for transitional area

345
Q

Municipal Council

A

smaller urban area

346
Q

Municipal Corporation

A

for a large urban area

347
Q

Factors to decide the type of municipality

A
  1. population of the area
  2. density of population
  3. revenue generated for local administration
  4. percentage of employment in non-agricultural activities
  5. economic importance or such other factors as governor may deem fit
348
Q

Municipal Corporation - Types of authorities and their functions/ composition.

A

3 authorities:

  1. The Council
    - deliberative and legislative wing
    - Councillors
    directly elected
    few nominated members
    - reservation - SC/ ST/ Women
    - headed by Mayor
    elected 1 yr renewable term
    formal head - just presides over the
    meetings
    assisted by D. Mayor
  2. The Standing Committee
    facilitate the working of the council, which is too large in size
3. 	The Commissioner
		implement the decisions taken
		chief executive authority
		appointed by the state government 
		usually an IAS
349
Q

Municipality - authorities

A

3 authorities:

1. 	the council
		head - President/ Chairman
			presides over meetings
			unlike Mayor - enjoys executive powers
			assisted by Vice President/ VC
  1. the standing committee
    same as for municipal corporation
  2. the chief executive officer
    day to day general administration of the municipality
350
Q

Municipality - area

A

for towns and smaller areas

351
Q

Notified Area Committee - establishment

A
  1. by notification in govt. gazette
  2. entirely nominated
  3. neither elected nor statutory
352
Q

Notified Area Committee - framework

A
  1. same as Municipality Act

2. however, only those provisions apply which are notified in the gazette

353
Q

Cantonment board - members

A
1. partly elected
	for 5 yrs. 
2. partly nominated
	- ex-officio members
	- hold office as long as they hold office in that station
3. President
	- the military officer commanding the station - ex- officio president
4. Vice President
	- elected by the elected members from amongst themselves
5. Functions
	- similar to municipality
6. sources of income
	- tax revenue
	- non - tax revenue
7. Executive Officer 
	- appointed by the President of India
354
Q

Urban Local Government - Composition

A
  1. wards - territorial constituencies
  2. direct election of members
  3. as per state legislature
    • manner of election of the chairperson
    • representation of the following persons~special knowledge in municipal administration - w/o right to vote~MPs (LS)/ MLAs representing municipal area wholly or partly~MPs (RS)/ MLC - registered as voters within a municipal area~Chairperson of committees (other than ward committees)
355
Q

137

A

review petition - review of orders or judgments of the SC by the SC

356
Q

Types of questions asked in Question Hour

A
  1. Starred
    • marked by asterisk
    • oral answer
    • a supplementary question can follow
  2. Unstarred
    • written answer
    • No supplementary question
  3. Short Notice
    • Oral Answer
    • Notice < 10 days
357
Q

Types of the closure motion

A
  1. Simple closure motion - matter sufficiently discussed
  2. Closure by compartment - matter is grouped into parts - then debating and voting
  3. Kangaroo Closure
    • only imp. clauses - debating & voting
    • intervening clauses - taken as passed
  4. Guillotine Closure
    • Undiscussed clauses are also put to vote due to want of time
358
Q

Conditions for Adjournment Motion

A
  1. Matter - factual/ definite
  2. Only 1 matter
  3. of recent occurrence
  4. matter - should not be under the adjudication by the Court
359
Q

Special Mention

A
  1. matters that cannot be raised by any other device in Parliament
  2. this name is for RS
  3. similar device in LS is called ‘Notice (Mention)’ under Rule 377
360
Q

Resolutions -

  1. Purpose
  2. Types
  3. Voting on Resolutions and Motions
A

they are in the general public interest

  1. Private Member’s Resolution - discussed on alternative Fridays and in the afternoon sitting
  2. Government Resolution
    • moved by a minister,
    • any day from Monday to Thursday
  3. Statutory Resolution
    • moved either by a private member or a minister
    • tabled in pursuance of provision in the Constitution or an Act of Parliament
  • All resolutions are substantive motions and voting on resolutions is necessary; however, voting on motions is not necessary
361
Q

Motions -

  1. Pre-requisite
  2. Principal categories
  3. Purpose
  4. introduced by
A
  1. requires consent of the presiding officer
    • Substantive Motion
    • Substitute Motion
    • Subsidiary Motion
  2. discussion on matters of general public importance
  3. either a minister or private member
362
Q

Substantive Motion

A
  1. self-contained independent proposal
  2. very important matter
  3. eg. Impeachment of President
363
Q

Substitute Motion

A

if adopted suprsedes the original motion

364
Q

Subsidiary Motion

A
  1. no meaning by itslef w/o reference to the original motion or proceedings.
  2. 3 sub categories:
    • Ancilliary Motion - regular way of proceeding
    • Superseding Motion - moved in course of debate on another issue & seeks to supersede that issue.
  3. Amendment - modify/ substitute only a part of that motion
365
Q

Youth Parliament

A

started on the recommendation of the Fourth All India Whips Conference

366
Q

Returning Officer - ECI

A
  1. head - in a constituency
  2. in LS - DM
  3. in assembly elections - SDM
  4. under ECI & not under Chief Electoral Officer
  5. responsible for
    a. nomination papers - can reject - give a chance to put point - give the reason for rejection: QUASI JUDICIAL
    b. counting of votes
    c. declaration of official results
367
Q

Presiding Officer - ECI

A
  1. CS - head of the polling booth

2. under RO

368
Q

Civil Servant in Elections

A
  1. definition in RPA, 1951
    • employees - local self govt
    • employees PSUs
    • employees of nationalized - Central & state university
369
Q

Election Observer

A
  1. CS - Nominated by ECI
    • to observe conduct of elections
    • power - direct returning officer , if finds anamoly can:
      a. stop counting
      b. stop declaration of results
370
Q

Types of liberty mentioned in the preamble

A
  1. Thought
  2. Expression
  3. Belief
  4. Faith
  5. Worship
371
Q

Types of Justice mentioned in the preamble

A
  1. Social
  2. Economical
  3. Political

Social and Economical Justices together are called as Distributive Justice

372
Q

Can a private member introduce a bill to amend the Constitution

A

Yes

373
Q

Types of Detention

A

Punitive and Preventive

  1. Punitive - punishment for an offense committed
  2. Preventive - detention w/o trial and conviction
374
Q

Protection to persons who are arrested or detained under the Preventive Detention Law:

A
  1. max. detention 3 months unless an advisory board (comprised of HC judges) extends it.
  2. Grounds of detention to be communicated to the detenu - facts considered against the public interest need not be disclosed.
  3. Detenu to be provided an opportunity to make a representation against the detention order.
375
Q

Authorization to Parliament under Article 22

A
  1. circumstances of extension of arrest under preventive detention law beyond 3 months, to be decided by the Parliament without the opinion of the advisory board
  2. maximum period of detention under preventive detention law.
  3. Procedure to be followed by the advisory board in an inquiry.

44th AA, 1978 - brought the period of such detention down to 2 months from 3 months, however, this provision has still not been brought to force. Thus, 3 months continues.

376
Q

who has the power to make law under preventive detention law?

A

Both Parliament and state legislature - concurrent power.

Reasons under which such law is made:

  1. Security of the state
  2. Maintenance of public order
  3. Maintenance of supplies and services essential to the community

Example:
1. National Security Act (NASA), 1980

377
Q

Power of JR implicit in which Articles?

A
  1. 32
  2. 226
  3. 13(1)
  4. 13(2)
378
Q

NHRC and SHRC

  1. Constitutional or statutory?
  2. Establishment
A
  1. Statutory

2. by Protection of Human Rights Act, 1993

379
Q

Pressure Group -

what?

A

group of people organized actively for promoting and defending their common interests.

also known as interest groups or vested groups.

380
Q

Pressure Groups - main objective?

A

influence the policymaking and policy implementation in the government through legal and legitimate methods - to protect and promote their interests.

381
Q

Pressure Groups - what tools or techniques do they use?

A
  1. Electioneering - try to place in public office persons who are favorably disposed towards the interests they seek to promote
  2. Lobbying - try to persuade public officers, to adopt and enforce the policies that they think will prove most beneficial to their interests.
  3. Propogandizing - try to influence public opinion and try to gain an indirect influence over the democratic government.
382
Q

Pressure Groups - Broad categories in India

A
  1. Business Groups - FICCI, ASSOCHAM, AIMO
  2. Trade Unions - AITUC, INTUC, BMS
  3. Agrarian Groups - All India Kisan Sabha, Revolutionary Peasants Convention
  4. Professional Associations - IMA, BCI, IFWJ
  5. Student Organisations - ABVP, AISF
  6. Religious Organisations - RSS, VHP, Jamaat-e-Islami
  7. Caste Groups - Marwari Association, Kayastha Sabha
  8. Tribal Organisations - NSCN, TNU, United Mizo Federal Organization
  9. Linguistic Groups - Hindi Sahitya Sammelan
  10. Ideology Based Groups - Democratic Rights Organizations, environmental protection groups like Narmada Bachao Andolan, Chipko Movement.
  11. Anomic Groups
383
Q

1st trade union in India
Name?
When?
First president?

A

AITUC - founded in 1920 - Lala Lajpat Rai, became the first president

384
Q

Anomic Groups - what? Examples?

A

more or less a spontaneous break-through into the political system from the society such as riots, assassinations, demonstrations, etc.

Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), All Assam Student’s Union, United Liberation Front of Assam (ULFA)

385
Q

Tribunals -

1. Added by? Part? Articles?

A
  1. 42nd AA, 1976 - added a new part XIV A - consists of only two Articles - 323 A and 323 B
386
Q

323 A

A

empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to:
1. recruitment and
2. conditions of service
of persons appointed to public services of the Centre, the states, local bodies and public corporations, and other public authorities.

–> Parliament passed Administrative Tribunals Act, 1985 to establish Central Administrative Tribunal (CAT)

387
Q

Administrative Tribunals Act, 1985 empowers the Central Government to establish -

A
  1. CAT
  2. SAT on the specific request of the state
  3. JAT on the specific request of the concerned states
388
Q

CAT

  1. Benches
  2. type of jurisdiction - exception
  3. Composition 7 term
  4. Qualifications
  5. the procedure of appointment of members
A
  1. principal bench - Delhi + 17 regular benches (15 - operate at the principal seats of the HC, 2 at Jaipur and Lucknow)
  2. Original Jurisdiction; Exceptions:
    - defense forces
    - officers and servants of SC
    - the secretarial staff of the Parliament
  3. 1 + 65; 5 years and up to the age of Chairman - 65, members - 62
  4. drawn from judicial and administrative streams
    • recommendations of high powered selection committee chaired by a sitting SC judge who is nominated by the CJI.
    • obtaining the concurrence of CJI
    • approval from the Appointments Committee of Cabinet (ACC)
389
Q

Cases related to Tribunals and its rulings

A

Chandra Kumar Case, 1997 - provisions in 323 A and 323 B which keeps the tribunal’s decisions out of the jurisdiction of HCs is unconstitutional.

  • thus, now appeals against CAT rulings can also be made in HCs.
390
Q

Types of Jurisdictions available to SC

A
  1. Original
  2. Writ
  3. Appellate
  4. Advisory
391
Q

CAT - what kind of approach/ procedure is followed?

A
  • not bound by the Civil Procedure Code, 1908

- guided by the principles of natural justice

392
Q

SAT -

  1. jurisdiction?
  2. chairman and members appointed by?
A
  1. Original

2. President after consultation with the Governor of the state

393
Q

JAT

  1. provided by which Act?
  2. chairman and members appointed by?
A
  1. The Administrative Tribunals Act, 1985

2. President after consultation with the Governor of the state with the concerned state

394
Q

323 B

A
  1. Unlike in 323 A, this Article empowers both the Parliament and the state legislature
  2. Tribunals for other matters:
    - Taxation
    - Foreign Exchange
    - Import
    - Export
    - Land reforms
    - Industrial
    - Labor
    - Elections to Parliament and state legislature
    - a ceiling on urban property
    - Rent and tenancy rights
    - Foodstuff
395
Q

meaning of the circuit bench

A

A Circuit Bench is for territories that are far-flung but do not have too many matters to justify a full-fledged permanent bench.
As a result, once or twice a year, some judges travel to these areas and dispose of all the HC appeals that have accumulated here.

396
Q

Escheat

A

death of a person intestate without any heir

397
Q

Lapse

A

termination of rights through disuse or failure to follow appropriate procedures

398
Q

Bona Vacantia

A

property found without any owner

399
Q

India’s territorial waters

A

up to 12 nautical mines

400
Q

India’s exclusive economic zone

A

up to 200 nautical miles

401
Q

Cases related to the Doctrine of Sovereign Immunity of the state

A
  1. Kasturi Lal Case, 1965 - upheld the doctrine
  2. Nagendra Rao, 1994 - criticized the doctrine
  3. Common Cause Case, 1999 - rejected the doctrine
402
Q

The doctrine of Sovereign Immunity of the state

A

the immunity of the EIC in respect of its sovereign functions was based on the English Common Law maxim that the ‘King can do no wrong’, which means that the King was not liable for wrongs of his servants.

403
Q

Appeal by Special Leave - what is it?

A

It provides the aggrieved party special permission to be heard in Apex court in an appeal against any judgment or order of any Court/tribunal in the territory of India (except military tribunal and court-martial)`

404
Q

Appeal by Special Leave - Aspects?

A
  1. Discretionary power not a right
  2. can be granted in any judgment - final or interlocutory
  3. related to any matter - constitutional, civil, criminal, income tax, labor, etc.
  4. against any court or tribunal
405
Q

Appeal by Special Leave - Exceptions?

A

military tribunal and court-martial

406
Q

Exclusive Original Jurisdiction of SC - meaning?

A

exclusive - no other court can decide such disputes

original - the power to hear such disputes in the first instance and not by the way of appeal

407
Q

Exclusive Original Jurisdiction of SC

A
  1. Centre vs. state(s)
  2. Centre + state(s) vs. state(s)
  3. state(s) vs. state(s)
408
Q

Exclusive Original Jurisdiction of SC - conditions?

A
  1. dispute must involve a question on which existence a legal right depends, i.e. no question of political nature.
  2. any suit brought by a private citizen against the Centre or a state can not be entertained under this.
409
Q

Exclusive Original Jurisdiction of SC - exceptions?

A
  1. pre-Constitution treaty, agreement, covenant, sanad.
  2. dispute arising out of any treaty, agreement, covenant, sanad.
  3. Interstate water disputes
  4. Matters referred to the Finance Commission
  5. Ordinary disputes of commercial nature
  6. Recovery of damages by a state against the Centre
  7. Adjustment of certain expenses and pensions between the Centre and the state.
410
Q

Writ Jurisdiction of SC

A
  1. non-exclusive original jurisdiction.

2. Parliament can confer on the SC, the power to issue writs for other purposes also.

411
Q

Appellate Jurisdiction of SC

A
  1. Appeals in Constitutional matters
  2. Appeals in civil matters.
  3. Appeals in criminal matters
  4. Appeals by special leave
412
Q

Article 136

A

Appellate Jurisdiction of SC - Appeal by Special Leave

413
Q

Appellate Jurisdiction of SC - in civil matters.

A

if the HC certifies:

  1. the case involves a substantial question of law of general importance
  2. question made to be decided by the SC
414
Q

Appellate Jurisdiction of SC - in criminal matters

A

SC hears appeal against the HC judgment in criminal matters if the HC -

  1. on appeal reversed an order of acquittal of an accused person and sentenced him to death/ imprisonment for life/ 10 years.
  2. has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death/ imprisonment for life/ 10 years.
  3. certifies that case is a fit one for an appeal to the SC
  4. all civil and criminal matters in which the Federal Court of India had jurisdiction to hear appeals from the HC.
415
Q

Appellate Jurisdiction of SC - in criminal matters - limitation

A

If the HC has reversed an order of conviction and has ordered the acquittal of the accused, there is no right to appeal to the SC

416
Q

Advisory/ Consultative Jurisdiction

  1. Article?
  2. Provision?
A
  1. Article 143
  2. President can seek the opinion of the SC in the 2 categories:
  • any question of law or fact of public importance - SC not bound to tender its opinion in this case
  • dispute arising out of any pre-constitution treaty, covenant. - SC not bound to tender its opinion in this case
417
Q

The Ombudsman System - Origin in?

A

From Sweden, the institution of Ombudsman spread to other Scandinavian countries - Finland, Denmark and Norway.

418
Q

Donald C. Rowat - says that the institution of Ombudsman is…?

A

bulwark of democratic government against the tyranny of officialdom

419
Q

Other names of the Ombudsman System

A

India - Lokpal and Lokayukta

Socialist countries - The Procurator System

420
Q

The Ombudsman System in India - origin?

A
  1. The ARC (1966-70) recommended setting up of 2 special authorities for the redressal of citizens’ grievances - Lokpal and Lokayukta
  2. The Lokpal and Lokayuktas Act, 2013 came into force w.e.f 16th January 2014
421
Q

Lokpal -

  1. composition
  2. jurisdiction
  3. Limitations
A
  1. 8 members of which 50% be judicial members
    • includes PM,
    • cases transferred to CBI,
    • Institutions financed fully or partly by government
      fall under the jurisdiction of Lokpal, but institutions
      aided by the government are excluded.
    • Anonymous complaints not allowed
    • Suo Motu provision not available
422
Q

Lokayukta - jurisdiction

A

not uniform across the states

423
Q

Official Language:

  1. Part and Articles
  2. Provisions divided into 4 heads
  3. script used to write Hindi
  4. official language of different states as specified by the Constitution
  5. Language to be used to communicate between Hindi and non - Hindi states
  6. The language used in judiciary
A
  1. Part XVII; Articles 343 to 351
  2. a. Language of the Union
    b. Regional languages
    c. Language of the judiciary
    d. texts of laws and Special derivatives
  3. Devanagari
  4. Not specified by the Constitution - The choice of the state is not limited to the languages in the Eighth Schedule of the Constitution.
  5. English - as per the Official Language Act (1963)
  6. Only English
424
Q

Authoritative Texts - meaning

A

According to the Official Language Act, 1963 - Hindi translation of acts, ordinances, orders, regulations, and bye-laws published under the authority of the president is deemed to be authoritative texts

425
Q

Lingua Franca

A

a language that is adopted as a common language between speakers whose native languages are different.

426
Q

Classical Languages

A
  1. Tamil
  2. Sanskrit
  3. Telugu
  4. Kannada
  5. Malayalam
  6. Odia
427
Q

NITI Aayog

  1. Full form
  2. came into force on.
  3. replaced
  4. which type of body - constitutional?
  5. Approach
A
  1. National Institution for Transforming India
  2. January 1, 2015
  3. replaced Planning Commission
  4. Non-constitutional or extra-constitutional body non- statutory body created by an executive resolution
  5. Bottom-up approach
428
Q

Special Provisions for some states -

Names and purpose?

A
  1. Maharashtra and Gujarat - development boards
  2. Nagaland - law, and order
  3. Assam and Manipur - Tribal and Hill areas
  4. Andhra Pradesh and Telangana - Reorganisation
  5. Sikkim - 36th AA, 1975 - full-fledged state
  6. Mizoram - Minorities
  7. Arunachal Pradesh and Goa - law, and order
  8. Karnataka - development board (Hyderabad - Karnataka region)
429
Q

Oath of PM and Union Ministers

A

administered by the President

430
Q

Oath of MPs

A

administered by the President or an official appointed by him - in this respect - Protem Speaker administers the oath of MPs

431
Q

Article 335

A

claims of the members of the SCs and STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

432
Q

Article 350 A

A

provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups

433
Q

Article 351

A

duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India

434
Q

4 aspects in the C-S relations

A
  1. Territorial Extent of central and state legislation
  2. Distribution of legislative subjects
  3. Parliamentary legislation in the state field
  4. Centre’s control over state legislation
435
Q

An exception to the Central law prevailing state law in the matter of the concurrent list

A
  • State law reserved for the consideration of the president and receives his assent. Then state law prevails.
  • However, Parliament can still override such a law by subsequently making a law on the same matter.
436
Q

Centre’s control over state legislation

A
  1. Governor can reserve certain types of bills for the consideration of president.
  2. Bills on certain matters enumerated in the state list can be introduced in the state legislature after the previous sanction of the president. Eg: Imposing restrictions on the freedom of trade and commerce
  3. President can direct the states to reserve the money bills and other financial bills for his consideration during a financial emergency.
437
Q

Can a single state request the Parliament to make a law on state subject?

A

No

438
Q

JSPSC

  1. When?
  2. Members - appointment and removal by
A
  1. 2 or more state legislatures ask the Parliament

2. the president

439
Q

Article 268

A

Taxes levied by the Centre but collected and appropriated by the States.

  • Stamp duties
  • Excise duties
440
Q

Article 269

A

Taxes levied and collected by the Centre but assigned to the states - do not form the part of Consolidated Fund of India

  • sale, purchase or consignment of goods in the course of interstate trade or commerce
441
Q

Article 270

A

Taxes levied and collected by the Centre but Distributed between the Centre and the states

  • Surcharge mentioned in Article 271
  • Any cess levied for a specific purpose
442
Q

Article 271

A

Surcharges on certain Taxes and Duties for the purpose of the Centre

  • surcharges on duties referred to in Article 269 and 270
  • surcharges go to the Centre only.
443
Q

Taxes levied and collected and retained by the states

A
  1. Land revenue
  2. Agricultural income
  3. Luxuries
  4. Gambling
  5. Entertainment
444
Q

Grants in Aid to the States

1. Types and their articles

A
  1. Statutory Grants - Article 275 - only to the ones in need and not to all the states.
  2. Discretionary Grants - Article 282 - empowers both the Centre and the states to make any grants for any public purpose, even if it is not within their respective legislation competence.
  3. Other Grants - temporary - only for 10 years from the commencement of the Constitution in lieu of export duties on jute and jute products.
445
Q

Full Faith and Credit clause

  1. Provision
  2. Why
  3. Limitation
A
  1. Final judgments and orders of civil courts in any part of India are capable of execution anywhere within India.

2.
- Since the jurisdiction of each state is confined to its own territory, it is possible that the acts and records of one state may not be recognized in another state.

  • Full Faith and Credit clause prevent this.
  • It is, however, applicable to only the civil judgments.
  • Also, it is subject to the power of the Parliament to lay down the mode of proof as well as the effect of such acts, records, and proceedings of one state in another state.
446
Q

Inter-State Trade and Commerce

1. Articles

A
  1. 301 to 307
447
Q

Zonal Council

  1. Statutory or Constitutional
  2. How many
  3. Chairman
A
  1. Statutory - States Reorganisation Act, 1956
  2. 5 - Northern, Central, Eastern, Western and Southern
  3. Union Home Minister - common chairman
448
Q

Schedules of the Constitution

A
  • I - Territory
  • II - Emoluments
  • III - Affirmations and Oaths
  • IV - Rajya Sabha
  • V - Scheduled areas
  • VI - Other Scheduled areas
  • VII - Federal provisions, 3 lists
  • VIII - Official languages
  • IX - Land reforms + JR
  • X- Defection
  • XI - Panchayats
  • XII - Municipalities
449
Q

Constituent Assembly -

  1. Attempts to form
  2. Composition
  3. Elected or nominated?
A
  1. a. 1934 - idea of CA proposed by M.N Roy
    b. 1940 - August Offer - demand for CA accepted by the British
    c. 1942 - Cripps Proposal - rejected by the Muslim League
    d. 1946 - Cabinet Mission - accepted by Congress and Muslim League
  2. a. The Princely States - 93 seat
    b. Governors’ Province - 292 seat
    c. Chief Commissioners’ Provinces - 4 (1 from each)
    • Partly elected and partly nominated - Indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise.
450
Q

Objectives Resolution

  1. When?
  2. By whom?
A
  1. 1946

2. J. Nehru

451
Q

The assembly chaired by whom? when met as -

  1. Constituent Assembly
  2. Legislative body
A
  1. Dr. Rajendra Prasad

2. G V Mavlankar

452
Q

Major Committees Headed by:

  1. Union Powers Committee
  2. Union Constitution Committee
  3. Provincial Constitution Committee
  4. Drafting Committee
  5. Advisory Committees on FRs, Minorities and Tribal and Excluded Areas
A
  1. Nehru
  2. Nehru
  3. Sardar Patel
  4. Dr. B.R Ambedkar
  5. Sardar Patel
453
Q

Modern Manu

A

Dr. B.R Ambedkar

454
Q

Purna Swaraj

  1. After which session
  2. When was it celebrated
A
  1. Lahore Session of INC, 1929

2. 1930

455
Q

Symbol (Seal) of the Constituent Assembly

A

Elephant

456
Q

The chief draftsman of the Consitution in the Constituent Assembly

A

S.N Mukherjee

457
Q

Regulating Act of 1773 - Objective

A
  1. addressing the problem of management of company in India;
  2. address the problem of the dual system of governance instituted by Lord Clive;
  3. to control the company, which had morphed from a business entity to a semi-sovereign political entity.
458
Q

Regulating Act of 1773 - Features

A
  1. This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
  2. Position of Governor changed to Governor-General - Warren Hastings - Presidency of Fort William (Calcutta)
  3. Executive Council - 4 + 1
  4. The Governors in Councils at Madras and Bombay were brought under the control of Bengal.
  5. The company directors were directed to report on its revenue, civil and military matters with Indian authorities before the British authorities, strengthening the control of the British Government over the Company.
  6. A Supreme Court was established at Calcutta, comprising one Chief Justice and 3 other judges. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
459
Q

Pitt’s India Act, 1784

  1. also known as
  2. Features
A
  1. also called the East India Company Act, 1784
  2. Introduced a dual system of control, the company was represented by the Court of Directors and the British government by the Board of Control.
  3. This act made a distinction between the commercial and political activities of the East India Company.
    a. Court of Directors - controlled commercial affairs
    b. Board of Control - a new body formed to control the political affairs (civil, military or revenues)
  4. This act gave the British government direct control over Indian administration.
  5. For the first time, the term ‘British possessions in India’ was used.
  6. The Governor-General’s council’s strength was reduced to three members, i.e. 3 + 1
460
Q

Charter Act, 1833

A
  1. The Governor-General of Bengal was re-designated as the Governor-General of India. This made Lord William Bentinck the first Governor-General of India.
  2. The Governors of Bombay and Madras lost their legislative powers.
  3. For the first time, the Governor-General’s government was called the Government of India, and the council was called India Council.
  4. The laws made under the previous acts were called Regulations while laws made under this act were called Acts.
  5. The company’s commercial activities were closed down. It was made into an administrative body for British Indian possessions.
  6. This was the first act that gave permission for Indians to have a share in the country’s administration. - Provision was negated after opposition from the Court of Directors.
461
Q

Charter Act, 1853

A
  1. For the first time, the legislative and executive functions of the Governor-General’s council were separated.
  2. The Legislative Council which had six members now had 12 members, including the Governor-General. This Council came to be known as the Indian (Central) Legislative Council.
  3. Macaulay Committee of 1854 gave India her first civil services. It gave birth to the Indian civil services and was open to all including Indians. Started a system of open and fair competition.
  4. It extended the company’s rule for an indefinite period, unlike the previous charter acts. Thus, it could be taken over by the British government at any time.
  5. For the first time, local representation was introduced into the legislative council in the form of four members from the local governments of Bengal, Bombay, Madras, and North-Western Provinces.
462
Q

Government of India Act, 1858 -

  1. Objective
  2. Features
A
  1. known as An Act for the Better Government of India
  2. To transfer the government and territories of the East India Company to the British Crown. The company’s rule over British territories in India came to an end and it was passed directly to the British government.
463
Q

Government of India Act, 1858 - features

A
  1. The Court of Directors and the Board of Control were scrapped, ending the dual system of dual government,
  2. The powers of the Company’s Court of Directors were vested with the Secretary of State for India. This Secretary of State was to be a British MP and a member of the Prime Minister’s cabinet. He was to be assisted by a council of 15 members.
  3. This act also ended the doctrine of lapse.
  4. The designation of the Governor-General was changed to the Viceroy of India. First Viceroy of India Lord Canning. He was the direct representative of the British Crown in India.
464
Q

Indian Councils Act, 1861 - objective

A

After the mutiny, the British government felt the necessity of seeking the cooperation of the Indians in the administration of their country.

465
Q

Indian Councils Act, 1861 - features

A
  1. Expanded Council –
    a. The beginning of representative institutions –
    Viceroy to nominate some Indians as non-
    official members of the expanded council
    b. Nominated three Indians to the Council in 1862
    namely, the Raja of Benares, the Maharaja of
    Patiala and Sir Dinkar Rao.
    c. The legislative council had a limited role. It was
    chiefly advisory. No discussion on finance was
    permitted.
  2. Decentralization
    a. Restored the legislative powers of the
    Governor-in-Councils of the Presidencies of
    Madras and Bombay (which was taken away by
    the Charter Act of 1833).
  3. Establishment of new legislative councils
    a. Legislative councils were formed in other
    provinces in Bengal in 1862, North-West Frontier
    Province in 1886 and Punjab and Burma in 1897.
  4. Portfolio system
    a. Each member was assigned a portfolio of a
    particular department.
  5. Ordinances during Emergency
    a. The Governor-General also had the power to
    promulgate ordinances without the council’s
    concurrence during emergencies. Life – 6 months
466
Q

Indian Councils Act, 1892 - features

A
  1. The act increased the number of additional or non-official members in the legislative councils but maintained the official majority.
  2. The members were given the right to ask questions on the budget (which was barred in the Indian Councils Act 1861) or matters of public interest but had to give notice of 6 days for it. They could not ask supplementary questions.
  3. The principle of representation was initiated through this act. The district boards, universities, municipalities, chambers of commerce, and zamindars were authorized to recommend members to the provincial councils.
467
Q

Indian Councils Act, 1909 -

  • also known as
  • features
A

MORLEY MINTO REFORMS

  1. The legislative councils at the Centre and the provinces increased in size.
    a. Central Legislative Council – from 16 to 60
    members
    b. Legislative Councils – increased but non-
    uniformly
  2. The legislative councils at the center and the provinces were to have four categories of members as follows:
    a. Ex officio members: Governor-General and
    members of the executive council.
    b. Nominated official members: Government
    officials who were nominated by the Governor-
    General.
    c. Nominated non-official members: nominated by
    the Governor-General but were not government
    officials.
    d. Elected members: elected by different categories
    of Indians.
  3. The elected members were elected indirectly.
  4. It introduced separate electorates for the Muslims. Some constituencies were earmarked for Muslims. Lord Minto came to be known as the Father of Communal Electorate.
  5. The members could discuss the budget and move resolutions. They could also discuss matters of public interest. They could also ask supplementary questions.
  6. No discussions on foreign policy or on relations with the princely states were permitted.
  7. Lord Minto appointed Satyendra P. Sinha as the first Indian member of the Viceroy’s Executive Council. As appointed as the law member.
468
Q

Government of India Act, 1919

  1. Objective
  2. also known as
A
  1. a. sought to increase the participation of Indians in the administration of their country.

b. August 20, 1917 - the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India
2. known as Montagu-Chelmsford reforms or Montford reforms.

469
Q

Government of India Act, 1919

A

Demarcation of Central and Provincial Subjects - two lists for administration - the structure of government continued to be centralized and unified.

Dyarchy -
Dyarchy was introduced, i.e., there were two classes of administrators – Executive councilors and ministers.
The Governor was the executive head of the province.
The subjects were divided into two lists – reserved and transferred.
The governor was in charge of the reserved list along with his executive councilors.
The ministers were in charge of subjects under the transferred list.
The ministers were responsible to the people who elected them through the legislature.
These ministers were nominated from among the elected members of the legislative council.
The executive councilors were not responsible to the legislature, unlike the ministers.
The Secretary of State and the Governor-General could interfere in matters under the reserved list and not the transferred list.

Bicameralism and Direct Elections - Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of States) and a Lower House (Legislative Assembly). The majority of the members were chosen by direct elections.

Representation in Viceroy’s Executive Council - at least 3 Indians

The principle of Communal Representation extended to Sikhs, Indian Christians, Anglo-Indians, and Europeans.

Franchise - limited to certain sections of people on the basis of - property, tax, education.

High Commission for India setup in London - transferred some of the functions hitherto performed by the Secretary of State for India.

Establishment of a Central Public Service Commission

Provincial and Central Budget separated for the first time.

The act also provided that after 10 years, a statutory commission would be set up to study the working of the government. This resulted in the Simon Commission of 1927.

470
Q

Simon Commission

  1. When was it formed?
  2. Why was it boycotted?
  3. Recommendations
  4. What steps were taken to consider the proposals of the Commission
A
  1. 1927
  2. All members were British
    • abolition of dyarchy, the extension of responsible government, establishment of a federation of British India and princely states, continuation of the communal electorate.
  3. 3 Round Table Conferences of the representatives of British Government, British India, Indian princely states

Based on which a ‘White Paper on Constitutional Reforms’ was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament.

Proposals of this committee (with certain changes) were incorporated in the GoI Act, 1935

471
Q

Communal Award and Poona Pact.

A

August 1932 - Ramsay Macdonald (PM) announced a scheme of representation of the minorities, including the depressed minorities (Scheduled Castes)

Gandhi undertook fast unto death in Yeravadda Jail (Poona) to get the award modified.

The new agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.

472
Q

GoI Act, 1935 - based on what all recommendations?

A

Simon Commission Report
The recommendations of the Round Table Conferences
The White Paper published by the British government in 1933 (based on the Third Round Table Conference)
Report of the Joint Select Committees.

473
Q

GoI Act, 1935 - features

A

Creation of an All India Federation
This federation was to consist of British India and the princely states - never came into existence because of the lack of support from the princely states.

This Act divided powers between the center and the provinces - three lists which gave the subjects under each government.
Federal List (Centre)
Provincial List (Provinces)
Concurrent List (Both)
The Viceroy was vested with residual powers.

Provincial autonomy
Dyarchy was abolished at the provincial levels. - introduced provincial autonomy in its place.
The Governor was the head of the executive, with a CoM to advise him. The ministers were responsible to the provincial legislatures. This came into effect in 1937 and discontinued in 1939.

Dyarchy at the centre
The subjects under the Federal List were divided into two: Reserved and Transferred.
This provision never came into operation.

Bicameral legislature
A bicameral federal legislature would be established.
The two houses were the Federal Assembly (lower house) and the Council of States (upper house).
The federal assembly had a term of five years.
Bicameral legislatures were also introduced in several provinces.

Extension of Communal Representation -

There were to be separate electorates for the minority communities, women, and the depressed classes.

Federal court
A federal court was established in Delhi, in 1937 for the resolution of disputes between provinces and also between the center and the provinces.

Indian Council
The Indian Council was abolished.
The Secretary of State for India would instead have a team of advisors.

Extension of Franchise
About 10% of the total population got voting rights.

The act provided for the establishment of the Reserve Bank of India.
The Act also provided for the establishment of federal, provincial, and joint Public Service Commissions.

474
Q

NCSCand NCST - Constitutional, extra-constitutional or statutory?

A

Constitutional Body

475
Q

NCSC and NCST -

  1. Related CAA
  2. Article
A
  1. 65th CAA, 1990 - the establishment of a multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs.

89th CAA, 2003 - bifurcated into two separate bodies, namely, NCSCs and NCSTs

  1. Article 338 (NCSC) and NCST (Article 338-A)
476
Q

NCSC and NCST - Composition

A

Chairperson, Vice-Chairperson, 3 other members - all appointed by the President. Service and tenure of office also decided by the president.

477
Q

NCSC and NCST - Functions

A
  1. investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and STs respectively.
  2. inquire into specific complaints w.r.t the deprivation of rights and safeguards of the SCs and STs respectively.
  3. participate and advice on the planning of socio-economic development of the SCs and STs respectively.
  4. present the president an annual report on the working on those safeguards.
478
Q

NCSC and NCST - annual report

A
  • Presents to the President.
  • President places such a report before the Parliament along with a memorandum explaining the actions taken on the recommendations and the reasons for the non-acceptance of any of such recommendations.
  • President forwards any report pertaining to the state government to the Governor of that state.
479
Q

Special Officer for Linguistic Minorities
1, Related Commission
2. Related Amendment
3. Appointed by
4. Under which Ministry
5. Qualification, Tenure, Procedure for removal, etc.
6. HQ and regional benches
7. Annual Reports
8. Linguistic Minorities - decided on national or state-level?

A
  1. States Reorganisation Commission (1953-55) first recommended.
  2. 7th CAA, 1956 - inserted new Article 350-B in Part XVII
  3. President
  4. Ministry of Minority Affairs
  5. not mentioned in the Constitution
  6. Allahabad (UP); Belgaum (Karnataka), Chennai (TN), Kolkata (WB)
  7. submitted to the President through the Ministry of Minority Affairs.
  8. State-level
480
Q

CIC/ SIC - constitutional or statutory?

A

None; formed by an Official Gazette notification under Right to Information Act, 2005

481
Q

CIC/ SIC

  1. Composition
  2. Appointment
  3. Tenure
  4. Qualifications
  5. Should not be -
A
  1. CIC/ State CIC and not more than 10 ten IC/ SIC
  2. CIC/ IC: President - on the recommendation of 3 member committee - PM, LOO (LS), Union Cabinet Minister nominated by the PM

State CIC/ SIC: Governor - on the recommendation of 3 member committee - CM, LOO (State LA), State Cabinet Minister nominated by the CM

  1. 5 years; or 65 years whichever is earlier.
  2. eminent in public life, wide knowledge, and experience in law, S&T, social service, management, journalism, mass media or administration and governance.
    • MP/ MLA
    • not hold the office of profit
    • connected with any political party
    • carrying on any business
    • pursuing any profession
482
Q

CIC/ SIC -

  1. Removal By and Grounds.
  2. Salary and Allowances
  3. Suo Motu powers?
  4. Reports
A
  1. President; Grounds:
    - adjudged insolvent
    - convicted of an offense which, in the view of president involves moral turpitude.
    - engages in paid employment during his term of office
    - unsound mind/ body
    - acquired financial or other interest
    - proved misbehavior or incapacity - in this case, President has to refer the case to the SC and act as per its decision.
  2. CIC = CEC;
    IC = EC;
    State CIC = EC;
    SIC = Chief Secretary of the state government;

Either one cannot be varied to his disadvantage during service.

  1. Yes; with both.
  2. Annual reports submitted to the Central/ State governments which place them in from of the respective legislatures.
483
Q

CVC

  1. Formation - Constitutional or statutory?
  2. On the recommendation of
  3. Can it take action against the complainants
  4. Composition
  5. Appointed by
  6. Tenure
  7. Eligible for further appointments?
A
  1. estd. in 1964 by an executive resolution of the Central Government. Conferred statutory status in 2003.
  2. Santhanam Committee on Prevention of Corruption (1962-64)
  3. only designated agency to take action against complainants making motivated or vexatious complaints.
  4. Central Vigilance Commissioner (Chairperson) + 2 Vigilance Commissions
  5. President on the recommendation of a 3 member committee - PM, Union Home Minister, and the LOO (LS)
  6. 4 years; 65 years, whichever is earlier.
  7. Not under Central or state governments.
484
Q

CVC -

  1. Removal by
  2. Grounds
  3. Deemed to be guilty of misbehavior if
A
  1. by the President;
  2. Grounds:
    - adjudged insolvent
    - convicted of an offense which, in the view of president involves moral turpitude.
    - engages in paid employment during his term of office
    - unsound mind/ body
    - acquired financial or other interest
    - proved misbehavior or incapacity - in this case, President has to refer the case to the SC and act as per its decision.
  3. deemed to be guilty of misbehavior if:
  • concerned or interested in any contract or agreement made by the Central government.
  • participate in any way in the profit of such an agreement or contract.
485
Q

CBI

  1. Formation
  2. On the recommendation of
  3. Derives its power from
  4. Composition
  5. Appointment
  6. Tenure
  7. Jurisdiction
  8. Probe against senior bureaucrats (Corruption)
A
  1. not a statutory body; formed by an executive resolution by the Union Home Ministry in 1963
  2. Santhanam Committee on the Prevention of Corruption
  3. Delhi SPE Act, 1946
  4. headed by the Director (IGP) assisted by a special/ additional director.
  5. by the Central Government on the recommendation of 3 member committee - PM, LOO (LS)/ leader of the single largest opposition party, CJI/ Judge (SC)
  6. fixed tenure of 2 years.
  7. a. anti-corruption - Central government and UTs and their PSUs
    b. conventional crimes (rape, murder, etc.) on reference from the state governments or when directed by the SC/ HCs.
  8. SC judgment - prior approval of Central government not required. Joint Secretary and above officials.
486
Q

CBI Academy - location

A

Ghaziabad, UP

487
Q

CBI vs. State Police

A
  1. CBI - deals with Central government affairs, whether involving central or state officials
  2. State Police - deals with state government affairs, whether involving central or state officials.
  3. CBI - PSUs, statutory bodies established or financed by the Central government.
488
Q

Mnemonics:

  1. Money Bill Matters
  2. Schedules of the Constitution
  3. Parts of the Constitution
  4. VI Scheduled Areas
A
  1. TB-MAC-RPA-I
  2. TEARS OF OLD PM
  3. You Can Fly Directly From United States Using Para Military Special Rocket.
  4. Assam mai MEGH aaye toh Mizoram mai paani barsa TRIP trip karke
489
Q

Mnemonics:

  1. Vth Scheduled areas
  2. Article 22
  3. Exceptions to Universal Adult Suffrage
  4. FRs [A25 to A30]
A
  1. RAM MP ban ke HP mai mOJ le rha hai, aur ab uski nazar Telengana, Chattisgarh aur Gujarat pe hai
  2. 2:2 :: P:P
  3. NICCU
  4. PMT dene se pehle, you need to say I Love Education
490
Q

Mnemonics:

  1. Cases involving Doctrine of Eclipse
  2. Cases related to Preamble
  3. Cases related to parliament’s power to amend Constitution
  4. Exempted states and areas from part IX
A
  1. Bhai Doctrine of Eclipse ka Dum Aloo bana hai
  2. Bollywood ke preamle KRK, LIC karva le
  3. CAA, Sahi aur Galat Kanoon ke beech khada hai
  4. • N - M square;
    • District se milta hai mujhe Mani aur Hill se lagta hai mujhe Darr
    • SC/ ST ke area mai nahi hone denge kisi ko enter
491
Q

Mind Palace for writs.

A
  • Maine usse apni body leke yahan aane ka command diya.
  • Jab usne mere command ko prohibit kiya toh maine usse quash kar diya.
  • Phir usse pata laga kiski authority zyada hai.
492
Q

Mind palace for PESA ACT, 1996: REGULATING POWERS OF GRAM SABHA

A

• Agar zameen pe jungle hoga toh usko bech ke paisa kamunga aur phir daaru piyunga

493
Q

mind palace for new articles added in the DPSPs

A

[38-39]-A-[40-41-42-43]-AB-[44-45-46-47-48]-A-[49-50-51]

494
Q

mind palace for fundamental duties

A
  1. Hmara Consti ne kaafi saare ideals & institutions ko setup kiya hai, hmari duty hai unhe aur apne flag aur anthem ki respect karna.
  2. Consti freedom struggle ke noble ideals pe based hai.
  3. India ko protect karna hmari responsiility hai.
  4. Isliye agar zarurat padi toh hum India ko khud defend karenge.
  5. We will renounce derogatory practices against women and maintain harmony and brotherhood.
  6. Isse hmara composite culture preserved rahega.
  7. Iske baad hmari responsiility ye bhi banti hai ki hum apne environment aur wildlife ko bhi protect kare.
  8. Agar hum scientific temper develop kar lete hain toh aisa karna easy ho jayega.
  9. Scientific temper develop karne se hmari samjh badegi and iska direct result hoga ki hum public property ko safeguard karenge and violence nahi karenge.
  10. Aisa karne pe hmara attitude apne aap excellence strive karne ka ho jayega, aur hum collective activities ki importance samjh payenge. Iska direct consequence ki hmara nation rise karega.
  11. Inn sab mai ek imp baat rhe gyi, who ye ki ye sab tabhi achievale hai agar parents 6-14 yrs. ke bacho ko opportunity de.