PREAMBLE WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into @ SOVEREIGN SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political: LIBERTY of thought, expr EQUALITY of status and of opportuni and to promote among them all FRATERNITY assuring the digni IN OUR CONSTITUENT ASSEMBLY this twenty ADOPT, ENACT AND GIVE TO OURSELVES THIS hand worship; ty of the individual and the unity and integrity of the Nation: th day of November, 1949, do HEREBY “ONSTITUTION, In Berubari case 1960 it wagr held that preamble is not a part of the constitution. In Kesavananda Barati case preamble is a part of the constitution it can be amendable under Article 368 but itis not enforceble by courts (non-justiciable) . 42"! amendment aet 1976 introduced social, secular. and ity to preamble. ding to KM. Mushi—Political Horoscope 2 to barkar--- Key to open the Constit ‘According to thakurdas bhargav—Soul of the Constitution pik 13.) > Dockwias 4, sevsrabrlily (pest constitutaned deen) Lett ~ 132) —> Doct ine of Eclipse Cpve coastitutio nc law) Brakes Novatn chakras wls sede of MP : xb ly a> Kedotrnalh vbs state of uo-B, Ark i4 Pe ilrta class Legislation _eppstertn class Ce isterTO atice tendubleere/foasrs for etentrbresstrsh He kA Abas Vy Ue.d ~ classfreatton of Fries into A’ RU! fp veld BY Indian ceunci! of Liqetl cud { ree vis, BCT. (us years not elegpite ya Strucdecon ay count LO ith wis stake 4 puny - See aon 4 809. Ipe ta cbéssrf cotton bIT Bo Arnendrment Ack becace SiC. In state of Madras vk Artis) added geaks on HE beers of charnpaleam DA Rayan heel hor werevvato 7 welgon, aces Acoite tavoid. (novder to cutrcome flor theZ oe ae porbament eecoled artists) Balagi vis state af snysore cloessefrecttrea of, beecfecsarrdl mbo more bark osard fr voidtand fads Bur This judgment’ fp cusrruled by SC in Indrasaeony vb u- 0-2 famousl, jenouse cs nnandot commtsnto case. bub yerxervatioo should net exceed mere than So” - In Baloyi vly state of mysore, A.periakveppam uly stake of TMF state of pp. vis Urg.v. Balaram coert heel dreue caste te not os sole rest foe asecricining Wwhdier a pasbecaletr cceple ix Seve f elucent-roratthy \ bauscoard ornot. fater in mandel commutrin cote Weld tet cle clone a ground fer sdentefecation of elas wohethes ceesbe WZ ox beecle worl erie!Art 164-0) Reservartteon in premetivo abo aaoted boy et Amendment Ret 1995 artiely-@) carry forward aule # end Aus Lomit 4 SO/.i0 courry forward yale aolded by ei Amendment Art 2000 Bethe dase provsivas added inender to oUtrcome from 1U4 seteley ment pessecl oy 3.c. in Mandolcormmrticrn cour 63 yy Baloyi vh.steate of mysore —> Not exceed so 4 clorfrecurrbo iH veld 9187. Devadosan vis vol. cerry forever wuls rp Uncenstthutmact $ exceeding sv7. Lirnrk 1n carry foreoard rule ale verd, rE shouta nok e2ccces Son Uinnk. in 43) Indrascoang § ctlurA vis ro.D.> Coste FA ce greund to aeertato tte oeacteewotrd ground - syeamy Layer shoutd exclirele, classrfreetteo ah beesteewardinty mere belgeourd mw valid, are pvp v.o. fo Secularesnn FA baste steuckeure sf the conatite), wy Bijoe Eremanuce) vi state f Keraler/Aatronad Anthem Cute a kmatl Faruqpi vis v-oF. skate com cregpttre, Temple, mast, Chere ly ">FUNDAMENTAL 12. Definition. 13. Laws ines ‘1 . Laws inconsistent with or in derogation of the fundamental rights before jon, race, caste, sex oF place of birth— race, Caste, SEX> mination on grounds of religt jminate against any citizen 07 15, Prohibition of (1) The State shall not diser place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, Se% place 0 subject to any disability. Tinbility. restriction ‘or condition with regard (0 fa) aocess to shops. public restaurants. hotels “ra places of publie entertainment 1b) the use of wells, tanks. bathing ghats, ads and places of public resort maint partly or dedicated to the use of the general public. (3) Nothing in this article shall prevent Sra tate from making any special provision fo children. (4) Nothing in this article or in clause special provision for the advancement of a citizens or for the nd the Scheduled Tribes t-—(1) There shall be equality of 16, Equality of opportt sublic employ™ ny office under the opportunity for all citizens in ment or api trrounds only of religio birth or any of them, be tained wholly oF women and (2) of article 29 shall prevent the State from making any ay socially and educationally backward classes of Scheduled Castes am ty in matters of P' matters relating 10 employ” ypointment t0 2 nt, place of birth. residence a, race, caste, Sex. deseer any employment or offic State. (2) No citizen shall, on grounds only of religion st in respect of br any of them, be ineligible for. oF discriminated again: under the State. (3) Nothing in this a class or classes of employ! or other authority within, a State or Union territory prior we any law preserib rent from makin: der the Governme! (0 an office un int of, or any loc: article shall prevent Parliam thin that ent or appointment t State or Union territory. any requirement as 10 residence to such employment or appoingment ge” CF we? Bhatindavlr stete of punjale: UNtUsesthy daclared ther punyeet jastruckion fy ol\ af trloabed collagen the agora to fate a> BL. KavIEWs colle Qujavetth + qugareath wonsaeTG ck states Gat fer ceeneek’ of atl affrbted-e< Tcallages Sears perbors, Ore © pombed beg VC [ofeaktong, ghaco deel Sheek be append ley S Men corners bee This agers ALE SC) ay CoIsttad re dread college Hospral fonglages untoovls chxrt tran medread college AE, iestrtabe vl Sttate of Tx f tropest atatator ny Seco J Bron teaches qrectacky, ts granderd § KEES Oe aa ry A eeguces for vegularbinng PPAR S, ave not ev ralekiot fy ave Bea) veiuersity of E othe collage MBuscl ot Gente repens college vl slated thouk pveferance doll be given ko admitivg 19 that cincalar th ritrans offer th chretubour con wenstly iaued a ciccealour abertens, qa al Vowd be lay merit, one non eristtan sadteak chedltunged tte prodpeckons ae a thor te Fact dicted hence purd not fo fellow fut i Y zy ; ce miuarsely fo coe Hitt rx obaloch cof seta to Gout 2 soz oclrtntl- py \ oni krishna ates Kifstaged te oh of AP tree choyging by atdesl, Cratcled axienur Limtt Piced ohuesrly in pedesrned a , bprerys be oy TMA a pea eee not ered tan WA. pat Foundation vfs cteate of, learn kein, aot parentetatale t cekatlea y court hahah tree ont E Umiuarstlrey cou ence regulate dre cadets poltey of, Uncrretecl roateles exsty acackrrc wv. colle Fatwa sole ercaieurn of eae vs Ste Hyg sts “oa “= Se we verelvrelU SwrlClUCNMT SO wwTvev &@ vv vv go ae wvrvrrv”e y For maintaining dus acadk i adame standerd yalefieatiwny to staff ae tk Can wy ts stephens f unnile im steph lerriiynet, cots ane by ppc! Sa a gi ced tethe agtle fue a aaerede rane PoE organ fo gout WO Ay ie ' ul pepulcligis ee are gesD incomes cee HE aay nel eee dk nN ctRTO * Feseer ie srt wank epee a Foredl oy ses gevk tat unclr dia cave imatibatro may charye sf fe astt weoyatne for loetter ba reer of testi Laven bt note emi qtae bess of elie iy of. ecobt makin 4 (4) Nothing in this article shall prevent the State from making any provision for the ace er 4 appointments or posts in favour of any backward class of citizens which. in the opinion of the Stat is not adequately represented in the services under the State. servation in * (4A) Nothing in this article shall prevent the State from making any provision for reservation | . matters of promotion. with consequential seniority. to any class or classes of posts in the pies under the State in favour of the Scheduled Castes and the Scheduled Tribes which. in the opinion 0 the State, are not adequately represented in the services under the State, oe (4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year, ‘ (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. . 1% Abolition of Untouchability 18. Abolition of titles. 19. Protection of certai < the right— (a) to freedom of speech and expression: < (6) to assemble peaceably and without arms; fe) to form associations or unions: : « « rights regarding freedom of speech, ete—(1) All zens shall have (dt move freely throughout the territory of India: (e/ 10 reside and settle in any part of the territory of India: and (g) to practise any pro ssion. of to carry on any occupation, trade or business. (2) in the interests of the sovereignty and integrity of India. the security of the Stat relations with foreign States. public order. deceney or morality, or detamation or incitement to an offence. (3) in the interests of the sovereignty and intezrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) in the interests of the sovereignty and integrity of India or public restrictions on the exercise of the right conferred by the said sub-clause. c {22 Nothing in sub-elauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes. or prevent the State from making any law imp ing, reasonable ¢ raeetons on the exercise of any of the rights conferred by the said sub-clauses cither in the interests of the general public or for the protection of the interests of any Scheduled Tribe : (6) in the imerests of the general public. reasonable restrictions on the exercise of the conferred by the said sub-c friendly n relation to contempt of court, ¢ order or morality, reasonable ight “ { lause, and. in particular. nothing in the said sub-clause shall affect the Operation of any existing law in so far as it relates to, or prevent the State trom making any law relating to. (i the professional or technical qualifications neces any occupation. trade or business, or (ii) the carrying on by the State, or by a corporation owt business, industry or service, whether to the excl ary for practising any profession or carrying on ‘ned or controlled by the State, of any trade. ion, complete or par al. of citizens or otherwise,PART IV DIRECTIVE PRINCIPLES OF STATE POLICY 36. Definition.— “the State” has the same meaning as in Part II] 37. Application of the principles contained in this Part.— not be enforceable by any court, 38. State to secure a social order for the promotion of welfare of the people- provide livelihood to all citizens equally. 39. Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good: (c) that the operation of the economic system does not result in the concentration of wealth and ‘means of production to the common detriment: (a) that there is equal pay for equal work for both men and women: (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength: ( that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. 39A. Equal justice and free legal aid.— 40. Organisation of village panchayats.— 41. Right to work, to education and to public assistance in certai 42. Provision for just and humane conditions of work and maternity relief— 43. Living wage, ete., for workers— 43A. Participation of workers in management of industries.— 44. Uniform civil code for the citizens.—india is secular state, there are maney advanages in the personal law of muslim, such as polygamy. dissolution of marriage. need not to maintain the wife inorder get the advantates existing in the muslim law all hindus and cristians are converting into muslim religion without divorcing and maintaining their spouses and childrens. This creates communal roits and disturbances in the country. In sarala mudgul v/s UOI court held that second marriage is void if he married without divor.ing earlier marriage. He is punishable under section 494 of IPC maintain wite and childrens under section 125 of Cr.P.C eventhough he has been converted into muslim, 45. Provision for free a 46. Promotion of educational and econom and other weaker seetions.— 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health — 48. Organisation of agriculture and animal husbandry.— 48A. Protection and improvement of environment and safeguarding of forests and wild life.— 49, Protection of monuments and places and objects of national importance. 50, Separation of judiciary from executive. 51, Promotion of international peace and security. —The State shall endeavour to— (a) promote international peace and security: cases.— 1 compulsory education for children, terests of Scheduled Castes, Scheduled Tribes’b) maintain just and honorable relations between nations; , ve foster respect for international law and treaty obligations in the dealings of organized peoples with one another: and (d) encourage settlement of international disputes by arbitration. Article 31C added by 25" constitutional amendment act 1971. implimenting the article 39(b) and 39%(c) if any law passed by parliament even fundamen al rights it is valid one. Later 42" constitutional amendment act 1976 extended the protection to all DPSPs, But in minerva mills case 1980 S.C. held that the 42" amendment extending all DPSP_is not valid it confirmed only to the 25"" constitutional amendment act 1971 The doubt regarding the validity of minerva mills ease raised in sanjeev coke mfg v/s bharat coking coal Itd, But S.C. did not overruled the mills case In state of T.N. v/s L.Abu kavur bai 1984 held that DPSPs are not enforciable yet the court should make real attempt at harmonising reconciling the DPSP and fundamental rights. Later in educational It states that while it is againest to se. PART IVA n + FUNDAMENTAL DUTIES [AAS hy 48° 4 Amendrnent Ret ate | SIA. Fundamental duties. —It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem: (b) 10 cherish and follow the noble ideals which inspired our national struggle for freedom; (¢) to uphold and protect the sovereignty. unity and integrity of India: (d) to defend the country and render national service when called upon to do so: fe) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women: (f) 10 value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures: (hy to develop the scientific temper. humanism and the spirit of inquiry and reform: (i) 0 safeguard public property and to abjure violence: G/ 10 strive towards excellence in all spheres of individual and collective activity so that the nation ESPSERE LA bigher Jevels glendeavouy and achievement EMERGENCY PROVISIONS Emergency provisions borrowed trom germany there are 3 kinds of emergencies National emergency: article 352 of indian constitution explains about the national emergency. grounds for this national emergency are war. external agression and armed rebilian, Internal disturbance was deleted by 44" constitutional amendment act. This proclamation can be made even betore accurance of or actual existance of situation, It may be varied/revoked by subsequent procclamation, The proclamation on the recomendation of cabinet in writting, That proclamation shall approved by both houses with special mejority with in @ month otherwise ceases to operate. once approved it shall remain inforce for a period of 6 months Ut can extend once in 6 months for indefinite period. I the house of people dissolved during the accepting the bill, it should get approved within one month from the date of first session of house of people afier election bes Tall pleco tig, platronal emergent precloiensd in tndtin, *It can proclaim to whole territory / any part of it. Even it can extend to other part. Here mejority include the 2/3 . president shall revoke the proclamation/variying the previous proclamation. If the. house of people passes a resolution dis approving the continuence of the proclamation by 1/10 of the members of lokasabha. It shall submitted to speaker of the house if it is in session, or to president when the house is not in session. Afler the resolution received within 14 days special sitting of the house shall be held for considering such resolution Effects of national emergency: Extension of centres executive power(353) Parliament empowered to legislate on state subjects (353(b)) Centre empowered to alter distribution of revenue b/w the union and state (354) Extension of life of loksabha ~ 83(4) pension of fundamental rights guaranteed by Article 19 ispension of right of enforcement of fundamental rights, STATE EMERGENCY: - President proclaim state emergency on recomendation of governer/ by himself on the ground of not carried in accordence with the constitution by the states. He may assure himself functions of state govermanet. Declare the powers (legislative) shall be exercised by parliament. Suspend any provisions relating to state. Proclamation shall not affect the powers exercisable by high court. First approves by parliament it will be inforce for 2 months. Once if parliament approved it shall extended for a period of 6 months. Upto 3 years it shall extend by approving once in 6 months, But in the state of punjab concern 5 years Under 2 circumstance only the proclamation of state emergency continue for | year i.e. above 6 months. 1), Proclamation is in operation in whole india, 2). Election commission certifies that continuence of emergency is necessary, Sarkaria commission appointed in 1983. It submutted its report in january 1988. It sugested that centre should maintain amicable relation with state and should not use art 356 unnecessarly. In S.R.Bommai and others v/s union of india and others S.C. held that judicary can review the state emergency declaration under article 356 of indian constitution. Effects of state emergency a. Executive power of president. b. Legislative powers exercisable by parliament. FINANCIAL EMERGENCY: plot Yuk duelaued f proclorned ¢ Article 360 consisting of 4 clauses explains about the financial emergency 360(1)—if president satisfied that the situation has arisen thereby the financial stability or credit of india or any part thereof is threatened he may proclaim financial emergency 360(2)}--- this proclamation may be revoked or varied by subsequent, it should be valid tor 2 months. In first instance it is expired unless it has been approved by both houses of the parliament, provided if lower house is disolved 360(3)—during the existance or infor directions to the states 360(4)—such directions may inelude a) reduction of salaries and allowances of all or any class of persons serving in connection with affairs of a state, ment of the financial mergency union executive may giveb) provisions requiring all money bills or other bills to which the provisions of article 207 apply to bereserved for the consideration of the president after passed by state legislature ¢) president may reduce the salaries of persons serving in connection with the affairs of the union including judges of S.C & H.C. AMENDMENT OF CONSTITUTION These provisions borrowed from south african constitutions. It consist of 5 clauses, inserted by 42" constitutional amendment act There are 3 ways of amendment of indian constitution . those are by simple mejority, by special meiority and by special meiority and ratification of "4 of the sta Special mejority Wily Kad eficat o~ a. Any entry in 7" schedule b. Anticle 368 of constitution ¢. Representation of states in parliament Article $4. 55. 73. 162 or 241 e. Chapre IV of part V. chapter V of part VI or chaprer I of part XI In shankariprasad and sajjan singh cases S.C. held that amend any provisions including fundamental rights and amendment is not a law wuse (4) & (5) In golaknath ease earlier two judgement eases are overruled In kesavananda barathi case $.C held that parliament amend any provisions of the constitution but not basic structure of the constitution There shall be no limitation on amending power of the parliament held by S.C in the minerva mills case, Claert (4) 4G) ase veil Lele bey Sel mn PAInerva nelly cece LEGISLA REALATIONSHIP Legislative relationship biw the state and centre (article 2 constitution) 5-256 and VII schedule of indian There are 2 fold distribution of legislative peers between the state and centre. 1) with respect to the territory. 2) with respect to subject matter Article 245(1)- parliament has power to make laws throughout the territory of india, state to hole territory of state. Article 245(2)- law made by parliament shall not be deemed to be invalid on the ground that it has extraterritorial operation but the law made by state legislature shall be void or invalid if ite Beceed,jurisdiction of territory but there is an exception i.e. territorial nexus- wallace v/s income tax commissioner of bombay AIR 1948 PC state of bombay v/s RMDC AIR 1957 SC 699, Tata iron and steel company v/s state of bihar AIR 1958 SC 452 WITH RESPECT TO SUBIECT MATTER: Union list---- 97 subjects, State list ---- 66 subjects Concurrent list --- 47 subjectsRESIDUARY POWERS: entry 97 of list I and article 248 of constitutional vests the residuary powers in the parliament Predominance of union list; in case any overlapping b/w the a. Union list and state list—union list b. Unionlist and concurrent list --- union list ¢. State list and concurrent list—coneurrent PITH AND SUBSTANCE; object and seope Each legislature should not eneroach into the sphere reserved to the other. If law passed by one encroaches upon the field assigned to the other. The court will apply the doertine of pith and substance i.e. true object of statute relates to a matter. COLOURABLE LEGISLATION (rue nature and character of legislation) You cannot do indirectly what you cannot do directly. Cases 1) KEG Narayan dev 4/8 stae of orissa, S.C explained the meaning of colorable legislation 2) state of Bihar v/s kameswar singh AIR 1952 SC 252 REPUGNANCY ; where any conflict arises b/w the law enacted by the central governament and the state governament on the subject matter of concurrent list then the law enacted by the central governament will privile overe the law enacted by the statezovernament Cases are vijai kumar sharma v/s state of karnataka, M. Karunanidhi v/s UOK 1979 SC 898 POWER OF PARLIAMENT TO LEGISLATE ON STATE SUBJECTS I. Inthe national interest—article 249 2. During a proclamation of emergency—article 250 3. With the consent of states—252 4. To giving effect to international treaties and international agreements “article 253 5. Incase of failute of constitutional machinery in state—article 256 ; yor JUDICIARY; oS Cases: samkalchand sheths AIR 1977, the question of canstliion raised later in SP Gupta ws vol 798) Popularly known as judges transfer case constultation is same in amicle 212 & 222 (no cee ate tw consult) S.C. Advocate on record associate vs UOL 1995. luxdges transfer ease AL vrarmuled the 8 P-Gupta case held that in the matter of appointment of the judges of the S-° and H.C. the chief justice of india should have primacy . ie. earlier it was exectutive supermacy later it is judicial supermacy Later presidencial reference case 199 are not binding on governament. ppontment of judges without consultation process CHAPTER IV.—THE UNION JUDICIARY - 124, Establishment and constitution of Supreme Court.—(1) There shall be @ Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven’ other Judges. New BB 1+30231jent by warrant under his e Court and of the High .d shall hold office until (2) Every Judge of the Supreme Court shall be appointed by the Presid hand and seal after consultation with such of the Judges of the Suprem Courts in the States as the President may deem necessary for the purpose an he attains the age of sixty-five years: 3 fications of persons to appointed a: - Deion India, has been for atleast five years a Judge of a High Court or of (wo of nee such Courts in succession, has been for at least ten years an advocate of a High Court of of two more such Courts in succession: or is in the opinion of the President, a distinguished jurist, | (4) A Judge of the Supreme Court shall not be removed from his office except by an order of Te President passed atier an address by each House of Parliament supported by a majority of the (etal membership of that House and by @ majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (5) a judged of supreme court shall be removed fxm his office on the ground of proved misbehaviour or incapacity (6) a Judge of the Supreme Court shall, take oath from the president of indian. (7) a Judge of the Supreme Court shall not plead or act in any court or before any authority. 125. Salaries, ete., of Judges- salary and other allowences of judges of supreme court as may be determained by parliament by law. 126. Appointment of acting Chief Justice-—in case office of CJ vacant, president appoint one of judge of S.C. as C.L.1. 127. Appointment of ad hoc Judges- where there should not be a quorum for conducting proceedings before the supreme court at that time C.J.1. with preior consent from the president of india and chief justice of high court appoint judge of highgheourt as judge of S.C 128. Attendance of retired Judges at sittings of the Supreme Court.— C.J.1. may request any person who has retained or some other judges sit or act as judge of S.C. with preior consent from president of india. 129, Supreme Court to be a court of record. — 130. Seat of Supreme Court—The Supreme Court shall sit in Delhi 131. Original jurisdiction of the Supreme Court. the Supreme Court shall, have original jurisdiction in any dispute— (a) between the Government of India and one or more States: or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States. 132, Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. — (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding. if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters— (1) An appeal shall lie to the Supreme Court from any juilement, decree or final order in © gh proceeding of 4 High Court in the tertory of India i the High Court centifies under article (4) that the case involves a substantial question of law of general importance: and (b) that e f igh Co a esi i oe in the opinion of the High Court the said question needs to be decided by Judge of the Supreme Court the SupremeLE OPEL PVUVYVYO VELL UCU ddd » syne) 2y. Bupecurseny § ! cour of. Retezd Sp ever wp orgy Bupesso7] 5) Appood, 4,y exaos ° - ap speed Laws 8) Trans Per HS dren ov strat rae 1 later prekitt] oy uardie at fundornented Reser, of Supreme Court in regard to criminal matters- with out certificate Jhment, In other cases with certificate of high 134. Appellate jurisdic in case of where the punishment is capital/death punis! court. 134A. Certificate for appeal to the motion high court should issue certificat ; 135, Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.— 136. Special leave to appeal by the Supreme Court- S.C may in its discretion grant special leave to appeal from any order passed by lower courts/high courts existing in india but not on the order passed by tribunal constituted under army aet 137, Review of judgments or orders by the Supreme Court— - 138, Enlargement of the jurisdiction of the Supreme Court— parliament by law confirm to S.C such powers to decide the matters relating to union list and agreement. b/w state and centre there by authorises to S.C, 139. Conferment on the Supreme Court of powers to issue certain wri law confer on the Supreme Court power to issue directions, orders of writs, including writs in the nature of haheas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them. for any purposes other than those mentioned in clause (2) of article 32 139A. Transfer of certain cases.— (1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satistied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself Provided that the Supreme Court may after determining the said questions of law return any case So withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn. and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment. (2) The Supreme Court may. if it deems it expedient so to do for the ends of justice, transfer any case. appeal or other proceedings pending before any High Court to any other High Court. 140. Ancillary powers of Supreme Court— 141. Law declared by Supreme Court to be b 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, ete 143, Power of President to consult Supreme Court 144, Civil and judicial authorities to a id of the Supreme Court.—All authorities, civil and judicial. in the territory of India shall act in aid of the Supreme Court. 145. Rules of Court, ete-— 146. Officers and servants and the expenses of tl 147. power to interpretation ¢ Court.—either on the application or on its own uprel .— Parliament may by nding on all courts. — preme Court are appointed by C CHAPTER V.—THE HIGH COURTS IN THE STATES. 214, High Courts for States. —There shall be a High Court for each State. 215. High Courts to be courts of record. — 216. Constitution of High Courts. Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint217. Appointment and conditions of the office of a Judge of a High Court- every judge of ne court shall be appointed by the president after consultation with C.J.L., governagf of the . chief justice of high court in case of appointment of other judges. Qualifications for the appointment of judge of high court (a) has for at least ten years held a judicial office in the territory of India; or on (b) has for at least ten years been an advocate of a High Court or of two or more such Co' succession eee 218. Application of certain provisions relating to Supreme Court to High Courts. TP auises (4) and (5) of article 124 shall apply in relation to a High Court as they apply uupreme Court, provisions of in relation to the 219. Oath or aft jon by Judges of High Courts.—bebre governer 220. Restriction on practice after being a permanent Judge.— once any person is appointed as judge of high court shall not plead or act before any court except highcourt and supereme court, 221. Salaries, ete., of Judges- shall be as per the law made by the parliament. 222. Transfer of a Judge from one High Court to another— president after consultation with the C.J. transfer a high corut judge to another high court 223. Appointment of acting Chief Justice — 224. Appointment of additional and acting — due to workload in the high court president may appoint additional judges to the high court. 224A. Appointment of retired Judges at sittings of High Courts — 225. Jurisdiction of existing High Courts — 6. Power of High Courts to issue certain writs, 227. Power of superintendence over all courts by the High Court 228. Transfer of certain cases to High Court — 229. Officers and servants and the expenses of High Courts- are appointed by the to the rule made by governer. 230. Extension of jurisdiction of High Courts to Union territories parliament by law extend the jurisdiction of high court to union territories or exclude the jurisdiction of high corut from union territories, 231. Establishment of a common High Court for two or more States H. according Chapter VI.—Subordinate Courts 253-Appointment of district judges- in a state shall be made by governer in consultation with high court 233A. Validation of appointments of, and judgment judges, — 234. Recruitment of persons other than district judges to the judicial service-—by governer. 235.Control over subordinate courts. high court having control over the district and subordinate courts 236. Interpretation.— etc., delivered by, certain district PART V_ THE UNION EXECUTIVE 52, The President of India —There shall be a President of India. 53. Executive power of the Union54. Election of President.—The President shall be elected by the members of an electoral college consisting of —/a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the StatesCatet® Lagptds couna| 58. Manner of election of President 56. Term of office of President—(1) The President shall hold office for a term of five years from the date on which he enters upon his office: 57. Eligibility for re-election — ications for election as President.—(1) No person shall be eligible for election as he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. _ (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments . 59. Conditions of President's office—(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments. allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of oftic 60. Oath or affirmation by the President —Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his abser the Supreme Court 61. Procedure for impeachment of the President.—(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution. and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation. the senior-most Judge of (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated. declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. prstdent my resign to bs Job by geesy restynettring $d WCC pores cl SKcted te in the office of President and the term of office of pea ee “ saused by the expiration of the term of office of President s 62. Time of holding clection to fill vacan fill easual vacancy. 41) An cleetion to filla vacancy be completed before the expiration ofthe term. (2) An election to fill a vacancy in the off resignation or removal. or otherwise shall be held e than six months from, the date of occurrence of the vacancy: and the person elected to fill the shaill, subject to the provisions of article 56, be entitled to hold office for the full term of s from the date on which he enters upon his office: 63. The Vice-President of India. — There shall be a Vice-President of India. 64. The Vice-President (o be ev officio Chairman of the Council of States. —The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President— . 66. Election of Vice-President —(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot (3) No person shall be eligible for ele fa) is a citizen of India: (6) has completed the age of thirty-five years: and (c) is qualified for election as. a member of the Council of States. (4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. 67. Term of office of Vice-President—The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided thar— (a) a Vice-President may. by writing under his hand addressed to the President, resign his office: (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People: but ho resolution tor the purpose of this clause shall be moved unless at least fourteen days’ notice has f h, ¢ of President occurring by reason of his a soon as possible after, and in no case later ion as Vice-President unless he— been given of the intention to move the resolution: (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual v y 69. Oath or affirmation by the Vi President.—Every Vice-President shall. before entering upon his office. make and subscribe before the President, or some person appointed - 70. Discharge of President's functions in other contingen Parliament may make such Provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. ° 71. Matters relating to, or connected with, the election of a President or Vice-President 72. Power of President to grant pardons, ete., and to suspend. remit or commute sentences in certain cases.— - 73. Extent of executive power of the Union.— (1) Subject to the provisions of this Constitution the executive power of the Union shall extend— . ies.(@) w the i matt es i (op an matters with expect to which Pafisment has power to make laws; and of ig.the exercise of such tights. authority and jurisdiction as are exereisable by the Government pani by virtue of any teaty or agreement TOVie that live fe ee iis executive power referred to in sub-clause (a) shall not, save as expressly pro is Constitution or in any law made by Parliament, extend in any State to matters with espec to which the Legislature ofthe State bas also power to make laws £2) Unil otherwise provided by Parliament, a State and any officer of authority of a Sate ma notwithstanding anything in this article, continue to exercise in matters with respect to whiel Parliament as power to make laws for that State such exeeutive power ar functions as the State or ficer or authority thereof could exercise immediately before the commencement of this Constitution. PARLIAMENT. Article 79- parliament shall consist of president and two houses of parliament. Article 80 composition of rajya sabha- the maximum membership fixed at 250. Of whom 12 shall be nominated by the president from among the members having the knowledge and experience in the matters of literature. science. art and social services. Remainder 238 shall be elected from representatives of states and union territories including delhi, i.e.(MLA). The allocation of seats to union territories and states as per the 4" schedule. Article 81 composition of loka sabha-the maximum number of membership is fixed at 55Q out of whom 530 are elected from people directly, 20 representatives from union territories. 2 members are nominated by the president from the anglo indian community ‘Article 82 readjustment after each census; until 2026 the statestical data should be as per 1971 census. The devision of-@f each state into territorial constituencies as mey be readjusted on the basis of the 2001 census. ‘Article $3 duration of house of parliament- rajyasabha- 1/3 of members will retaire for every 2 years. And this house is not subjected to dissolution, Where as lokasabha is eonsemeed its duration is 5 years from the date of appointed for its first meeting. In case of national emergency its duration shali be extended for | year. But in any other cases not more than 6 months. ‘Articl 84 qualifications. Citizen of india, in case of rajya sabha age is 30 years in case of loka sabha itis 25 years. ‘Article 85 sessions of parliament, prorogation and dissolution- president shall issue summons to each house to meet at such place. but there should not be gaph of 6 months b/w two meetings. Article 86 Right of President to address and send messages to Houses. Article 87 Special address by the President ‘Article 88 Rights of Ministers and Attorney-General as respects Houses. x eee torney-Ceneral of India shall have the right to speak in, and otherwise to take part in the proceedings of. either House. any joint sitting of the Houses. and any committes of Parliament of Which he may be named a member, but shall not by virtue of this article be entitled to vate ; 30 The Chairman and Deputy Chairman of the Council of States.——(1) The Vice- President of India shall be ex officio Chairman of the Council of States. 90. Vacation and resignation of, and removal from, the office of Deputy Chairman" 91, Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman _—Every Minister and Mle. frdicto means “pat ated « deere, ne aed of oppor, aa il i ji moval 92, The Chairman or the Deputy Chairman not to preside while a resolution for his re from office is under consideration. 93. The Speaker and Deputy Speaker of the House of the People. ; oan 94, Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.— | t 98. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker | | ; 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration, 97. Salaries and allowances of the Ch; Deputy Speaker.— fixed by Parliament by law and, until provision in salaries and allowances as are specitied in the Second Schedul 98. Si of Parliament.— (1) Each House of Parliament shall have a separate secretarial staf 99. Oath or affirmation by members of Parliament shall, make and subseribe before the President. 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.— It shall be by mejority of members present and voting excluding the vote of chairman and speaker But in the case of equality of votes they may exercise casting vote, 101. Vacation of seats.— 102. Disqual ns for membership— (1) A person shall be disqualif and for being, a member of either House of Parliament (a) it he holds any office of profit under the Government of India or the Government of any State, (b) ithe is of unsound mind and stands so declared by a competent court: (c) it he is an undischarged insolvent: (d) it he is not a citizen of India. or has voluntarily acquired the citizenship of a foreign State ‘e) it he is so disqualified by or under any law made by Parliament (2) A person shall be disqualified for a member of either House of Parliament if he is so disqualified under the Tenth Schedule. 103. Decision of president on questions as to disqualifications of members shall be final. before giving such decission he shall obtain opinion of the election commission of india. 104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualif mber of either House of Parliament before he has complied with the requirements of article 99. or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited trom so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union, 105. Powers, privileges, ete., of the Houses of Parliament and of the members and committees thereof. Freedom of speech, freedom of publication 106. Salaries and allowances of members either House of Parl Parliament by law Legislative Procedure 107. Provisions as to introduction and passing of Bills 108, Joint sitting of both Houses in certain cases.— (1) If after a Bill has been pas House and transmitted to the other House— (a) the Bill is rejected by the other House irman and Deputy Chairman and the Speaker and that behalf is so made, such cd for being chosen as. d.—If a person sits or votes as a ms ment shall be determined by sed by one + Or (b) theitIt?!_ Dead hoclyrrnans pending f, bill in one houte mere lho 6 menth Houses have finally disagreed as to the amendments to be made in the Bill; oF (¢) more than six ths elapse t a {han 6 moths any bill will pending, in one house and no joint sitting is arranged then the bill we Special procedure in respect of Money Bills— money pillS¢ould be introdused only in asabha. Rajya sabha should return the money bill within 14 days with or without onion Loka sabha may admit the recomendations or it may reject If rajya sabha rejects ill eventhen it is valid one. There is no dead lock and no joint session 110. Definition of "Money Bills" impositions, abolitions, remission of tax. 111. Assent to Bills.—by president 112, Annual financial statement Procedure in Parliament with respect to estimates |. Appropriation Bills Supplementary, additional or excess grants— ” Votes on account, votes of credit and exceptional grants 117. Special provisions as to financial Bills 118. Rules of procedure— 119, Regulation by law of procedure in Parliament ‘on to financial business 120, Language to be used in Parliament.— business in Parliament shall Pe transacted in Hindi or in English: aT Resiviction on discussion in Parliament.— with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. 122, Courts not to inquire into proceedings of Parliament— Crraprer III—LEGISLATIVE POWERS OF THE PRESIDENT 123. Power of President to promulgate Ordinances during recess of Parliament when both mstances exist which Parliament are not in session. the President is satisfied that ci Houses of a such Ordinances as the render it necessary for him to take immediate action, he may Ciroumstances appear to him to require. Itis an act or equal 10 4 sin weeks from the reassembly of Parliament it may be withdrawn at any me by the President, ct of parliament. It is valid only for STATE LEGISLATURE 168 constitution of legislature in states. Except KU 169parliament by law provide for the abolition, creation of legis passed by the 2/3 members of the legislative assembly for the same{Sto*4) 170 composition of legislative assembly; in case legislative a ‘emby is concern not more than 500 and not less than 60. In case 7] composition of legislative council: it shall not exeed 1/3 of legislative assembly of that state and it shall in no case be less than 40. Of whom 1. 1/3 shall be elected by electorates consistin: and local bodies 1112 shall be elected by electorates consisting of persons who are graduates. 1/12 shall be elected by electorates consisting of teachers who have at least 3years experiance 4. 1/3 elected from MLAS 4BAJ all other states consist only one house ative councils when the resolution 12 of members of muneipolities. district boards we5. Others/remainders shall be nominated by the governer from the persons who have knowledge and experiance in the matters of Literature, science, Art,co-operative movement and social service. 172 duration ofstate legislature: 5 years in the case of legislative assembly is concernd and 1/3 members of legislative councl retired once in 2 years, 173 qualifications of members of state legislature: citizen o years, 174 session of the state legislature prorogation and dissolution; governor may summon, but there should not be a gaph of 6 months b/w the two meetings. 175 right of governor to address and send messages to the house/houses. 176 special address by the governor 177 rights of ministers and advocate general as represent the houses but not vote 178 speaker and deputy speaker 179 vacation and resignation of ane removal from the offices of speaker and deputy speaker 180 perform the functions of speaker by deputy speaker 181 the speaker or D.S not to preside while a resolution for his removal from office is under consideration. 182 the chairman and deputy chairman 183 vacation and resignation 184 deputy chairman as chairman 185 the chairman or D.C. not to preside while a resolution for his removal form office is under dia, incase MLA- 25 years, MLC-30 consideration 186 salary and other allowances of speaker and deputy speaker, chairman and deputy chairman as may be fixed by state legislature. 187 secretariat of state legislature; both shall have separate secretarial staff. 188 oath before the governor 189 voting by mejority of members present and voting All other provisions are similar to that of the parliament relating to disqualification of members, powers. privilages . immunities of state legislatures and their members, legislative procedure and legislative power of the governorLECTION COMMISSION 1 — | Pit 2a4-2990 explains abeur elrctAoo comms g- | Att 2aH0% sapertorendance, dived 0, 4 control of, the preparest oo +, | Ya clustoral ollh far dus conduct’ ot elution to parliament state gritos _| presidente Evrce presrelem wetted io elubriie comrmrsto o . @i—y Vk shal corarst of CEC 4 Such otlur neamber of elutodo comminanty os duc president fromn tne to Eton Gx, Thiy ace | eppotnted ay per dua prrovisioas a Care merle 4 palbormert | @— CEC out ay chateman Edictrig comme tt 0 Gi) —y Before each neral elutes 40 Hou ot people 4 Lagesledius eppotat regtoned cormrt tear | tern acre stele” peresrolete after conseltcttrin corto CET Sent macs by parliament tu salertes, que electnbo eoromtnonte & Jun 2 sucky ces LUE Prresrelens may jy until due service & tenure of affice of wegronal commeesmatra ae tt bPrule cletevming He shalt be xemourd ©? o ave re ne Like grounds ay ajuda af S © enourd of bee congultatig cwith CEC Laff to duc elitr’s i ofur commitante &) prestelente £ oputener sherl( prrovtele § coring on tut req aol = » inelignle far inclusnds te gr te Slee tsas—5 Alo person to be Ing) . ise en Rd Ino Spectetl, eluctorel voll oA qrouncls of reeltg roo sone, caste or sex artgag > £Lat ot bo tue Hourt of pee ale ¢ to Lagralodtiue egal ob states to be om yen Hosts of Bedale softre pakgat > poores reenpert bo CLM paclrarment fo melee provisnin cothh Fae to Legrlotctres & grslature of o Stee EO rctlce provi Ano | _ power of h&g Me Marni toch Legale, wy courts tn elutered matters | The valedelg af any Daeg mere boy porltounent 4 shee Ligelartare unclor Cart sat 4322 relot ime +0 elinrinot cro pastituLneres or attetment + Sect, to Stel comabrbucucy . 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