SATHISH KANNA R K

PARLIMENT   *Part 5  *Article 79 to 122  *Parliment consists of President ,Loksabha and Rajyasabha  *Based on west minister model  LOKSABHA   *Maximum strength 552 where states(530),UT(20)  and 2 member Nominated from anglo indian community  *Directly elected by the people on the basis of Universal Adult Franchise   *104 th CAA 2019 discontinued 2 member nomination so present maximum strength 550  *Reservation of Seats to SC and ST  *Qualifications-He should be a Citizen of india,Not less than 25 years of age(By Constitution) ,Person should be registered as elector in any constituency(By Representation of people's act 1951)  *Disqualification-If he holds office of profit,Not Citizen of india(By Constitution), Corrupt, Imprisoned for 2 or more years , Dismissed from Government service(By Representation of people's act 1951) *Disqualification on ground of defection-Schedule 10 by 52nd CAA,Decided by chairperson of that house,however it comes under Judicial Review  *If elected mem

PRIME MINISTER   *Constitution not specified for selection of PM  *Article 75 Prime minister shall be appointed by president ;President has to appoint leader of Majority party in lok sabha  *When there is no majority president can apply his discretion  *That time President may first appoint PM then ask to prove his majority in LokSabha  *Supreme court judgement 1997 if PM is not member of either house he should become member of any house within 6 months  *Term -Not fixed, hold office during pleasure of president *PM and Council of Ministers individual responsibility to President and collective responsibility to Loksabha  *Article78-PM acts as channel of communication between President and Council of Ministers  *He is defacto executive ie)original powers  *Oath administered by President  *If PM resigns entire Council of Minister will resign  RELATIONSHIP IN COUNCIL OF MINISTER   *He allocates minister and his portfolio  *He heads council of Ministers  *Cabinet meetings are headed by him

UNION GOVERNMENT   *Part 5 in Indian constitution  *Parliment consists of President,Lok Sabha and Rajyasabha  PRESIDENT   *Article 52 to 78  *Article 52 -There should be a president  *Article 54 -Elections of President  *Member of electoral college consisting of  elected MP'S of Loksabha and Rajyasabha,Elected MLA'S of all State legislatures and UT(Delhi,Puduchery) participate in election  *Here nominated MP'S and MLA'S will not take part in election  *MP-Member of Parliment,MLA-Member of Legislative Assembly  *Value of vote of each MLA vary from state to state and value of MP will be constant  *Election is by proportional representation by means of single transferrable vote  *All  disputes regarding election of President is resolved by supreme court  *Article 56-Term of office of President -5 years  *But he can also resign from president by giving letter to vice president ,Also discharge from duties when he is impeached by Parliment when he violates constitution (Artic

  FUNDAMENTAL DUTIES   *It is in Part 4A  *Article 51 A .It is originally not in constitution but it comes at 42nd CAA 1976  *1976 Swaran singh committee recommends Fundamental Duties  *42 nd CAA 1976 added 10 Fundamental Duties 86th CAA 2002 added 11 th Fundamental Duties   *Verma committee identified legal provisions for Fundamental Duties  *It is for Indian citizen only  *Not justicable,No legal sanction,No legislative process been provided to enforce Fundamental Duties  *Following are Fundamental Duties  1)Respect National Flag and Anthem  2)Follow Noble Ideals  3)Protect Unity and Integrity of nations  4)Defend country  5)promote Brotherhood  6)Preserve culture and heritage  7)Protect Environment  8)Develop scientific Temper  9)Safeguard Public property  10)Excellence in all spheres  11)Right to Education (86th CAA 2002)

  DIRECTIVE PRINCIPLE OF STATE POLICY   *Borrowed from Irish constitution  *It is located in Part 4 in Indian constitution  *Article 36-51  *B R Ambedkar said it is novel feature of indian constitution  *It embedded welfare state not police state  *Not legally enforceable  *It denotes ideals that state should keep in mind while formulating policies and enacting laws  *Principle-Instrument of Instructions  *Divided as Socialistic,Gandhian and Liberal Intellectual DPSP   SOCIALISTIC DPSP   *Article 38-To promote welfare of people and to minimize inequalities  *Article 39 -Equal pay to men and women,healthy development of children  *Article 39 A-Equal justice, free legal aid to poor  *Article 41 -Right to work,education public assistance *Article 42-Maternity relief  *Article 47 -Nutrition and standard living if poor  GANDHIAN DPSP   *Article 40-Village Panchayat  *Article 43-Promoting Cottage Industries  *Article 43B-Cooperative societies  *Article 46-To promote or to develop  SC,ST  *Ar

      FUNDAMENTAL RIGHT   *It is in Part 3 of Indian constitution  *Described as Magna carta of India  *Articles 12-35  *Promoting ideal of political democracy  *Protect liberties and freedom of people against invasion of state  *Some of them available only to citizen of India  *Not absolute but qualified ie) State can impose reasonable restrictions  *All of them available against arbitrary action of state some of them against action of private individuals  *Some of them negative in character  *They are justiciable ie) they can go to court if Fundamental Rights are restricted  *They are not sacrosanct or permanent ie)Parliment can curtail or repeal by Constitutional amendment act and not by ordinary act   *They can be suspended during National Emergency except article 20 and 21  *Article 19 can be suspended only when emergency is declared on ground of war or external aggression   *Article 12 -Definition of states (Union Government,State Government,Local Government,Public sector ,etc) 

  CITIZENSHIP   *Part 2 in Indian Constitution  *Article 5 to 11  *Article 5 -Person who domicle in India ,if he fulfilled one of three condition 1)born in India 2)either of his parents born in India 3)ordinarily resident in india for 5years immediately before the commencement of Constitution  *Article 6 -Migrated from Pakistan to India grandparents born in undivided India and he migrated to India before July 19,1948 or he migrated to India before July 19,1948(residence for 6 months before registration) *Article 7-Migrated to Pakistan from India after March 1,1947 returned to India for resettlement  *Article 8-overseas indians  *Article 10-Rights of Citizenship  *Article 11-Parliament to regulate the right of citizenship by law  CITIZENSHIP ACT 1955   *Citizenship act commenced in 1955 and it amended 9 times till 2019  *1957,1960,1985,1986,1992,2003,2005,2015,2019  *2019 amendment was passed on 11 December 2019-It provided citizenship for minorities coming from Afghanistan,Bangladesh a

INDIA AND ITS TERRITORY   *Article 1-India ie)Bharat is a union of states  *Article 2-Grant of powers to parliament to admit union of india new states and to establish new states ,first refers admissions of states already in existence and second refers to which not in existence before  *Article 3-Parliament to form a new state by seperation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state, increase or dimnish the area of any state,alter boundaries and alter name of state these changes can be introduced in parliament only with prior recommendations of President .President has to refer this to state legislature to express their views within specified period but president is not bound by the views of state legislature .India is an indestructible union of destructible states. *Article 4-Laws made for admission or establishment of new states and formation of new states and alteration of areas ,boundaries or na

SALIENT FEATURES OF INDIAN CONSTITUTION   *Lengthiest written constitution  *Drawn from various sources  *Blend of Rigidity and flexibility-Rigidity is special procedure for amendment and flexiblity is ordinary procedure for amendment  *Federal system with unitary Bias -art 1 defines india is union of state and not federation of states  *Parliamentary form of Government  *Synthesis of Parliament Sovereignty and Judicial Supremacy  *Integrated and Independent Judiciary  *Single citizenship  *Fundamental Rights *Directive Principles of State Policy  *Fundamental Duties  *Secular state  *Universal adult franchise -Citizens age above 18 can vote in election  *Independent Bodies-ex Election Commission,Union Public Service Commission etc  *Emergency Provisions  *Three tier Government-ie)Union Government,State Government and Local Government    CRITICISM OF INDIAN CONSTITUTION   *Borrowed Constitution  *Carbon copy of 1935 act  *Elephantine size  *Paradise of Advocates and Lawyers 

Head of State of India- President  Head of Government of India -Prime Minister  Head of State and Government of USA -President  Head of State of England-Queen  Head of Government of England-Prime Minister  In Republic countries Head of State ie)President is ordinary people (citizen)  India,USA Republic Country  In Democratic countries Head of Government ie)Prime Minister is ordinary people(citizen)  India,Britain,USA Democratic Countries India world biggest Democratic Country  USA world powerful Democratic Country  Dictator -Ruled by power of single person ex -north korea  Presidential Government-Here president is powerful than Parliament ex-USA  Parliamentary Government-Here Parliament is Powerful than President ex-India  In Britain Prime Minister should be only come from Lower House ie)elected by people  But in India Prime Minister can be come from either Loksabha or Rajya Sabha  In USA Higher court hear cases only in central list and Provincial court hear cases only in provincial li

*First M N Roy (communist party) put forward for making Constituent Assembly -1934  *INC officially demanded Constituent Assembly to frame Constitution of India-1935  *August offer at 1940 Constitution demand is accepted  *At 1942 Sir Stafford cripps member of cabinet came to India with draft proposal of British govt to frame Constitution after world war II this proposal rejected by Muslim League  *Then at 1946 cabinet mission sent to india and constituent assembly constituted in Nov 1946  *It is partly elected and partly nominated body (indirectly elected by member of provincial assemblies)  COMPOSITION OF CONSTITUENT ASSEMBLY   *Total strength 389 where 296 from British india and 93 from princely states  *208 from Indian National Congress and 73 from Muslim League  *First meeting Dec 9,1946 in this session  muslim league boycotted and Sachindra Singa elected as temporary president  *Dec 11,1946 Rajendra Prasad elected as President and H C Mukherjee and V T Krishnamachari elected as V

  COMPANY RULE (1773-1858) REGULATING ACT 1773  *Designate Governor of Bengal as Governor General of Bengal  *Executive committee 4 members to assist him  *Governor of Bombay and Madras are subordinate to him  *Supreme court at calcutta 1774(1+3 Judges)(Elija imphae first Chief Justice)  *Court of Director (To Report revenue,civil and military affairs)  CHARTER ACT 1833   *Governor General of Bengal as Governor General of India  *Governor of Bombay and Madras with Legislative powers  *Ended activities of company as commercial bodies now it is purely administrative bodies  *Open competition to select civil servants  CHARTER ACT 1853   *Legislative and executive function of governor General council separated  *Indian also apply for open competition to select civil servants(Satyendranath Tagore brother of Rabindranath Tagore was the first person india to clear public service commission)  CROWN RULE(1858-1947)   GOVERNMENT OF INDIA ACT 1858   *Viceroy replaced Governor General of India  *N

  PREAMBLE  *Indian constitution starts with Preamble  *Objective of Indian Constitution  *Based on Objective Resolution drafted and moved by Nehru on Constitution Assembly  *It reflects minds of constitution makers *1976 42 nd Amendment act added 3 words Socialist ,Secular and Integrity.  * No articles in preamble  *Berubari case(1960)-Preamble is not a part of Indian Constitution *Kesavananthi Bharathi Case(1973)-Preamble is a part of Indian Constitution *LIC(1995)-Preamble is integral part of Indian constitution    3SDR Sovereign ,Social, Secular,Democratic,Republic  Justice,Liberty ,Equality and Fraternity  Justice-Social,Economical and Political  Liberty-Liberty of thought, expression,faith and belief. AMENDABILITY OF PREAMBLE  *Preamble can be amended but subject to condition ie)without changing basic structure of Constitution  *Till now Preamble only amended once ie)42 nd Amendment act.  DIFFERENT PEOPLE OPINION ON PREAMBLE  *Preamble is Identity Card of Indian Constitution-N A

TABLE OF PRECEDENCE 1)President  2)Vice President  3)Prime Minister  4)Governor of state within respective states  5)Former Presidents  5a)Deputy Prime Minister  6)Chief Justice of India and Speaker of Lok Sabha  7)Cabinet Ministers,Chief Minister of states within their respective states,Former Prime Ministers,Leader of opposition in Rajya Sabha and Lok Sabha.  7a)Holders of Bharat Ratna  8)Ambassadors and High Commission of common wealth nations,Chief Ministers and Governor outside their states 9)Judges of Supreme Court  9a)Chief Election Commissioner,Election Commissioner, Comptroller and Auditor General  10) Deputy Chairman Rajyasabha,Deputy Speaker Loksabha,Deputy Chief Minister of States and Minister of state for union(MOS)  11) Attorney General of India,Cabinet Secretary, Lieutenant Governor within their Union Territory  12)Chief Defence Staff,Chief of Army,Navy and Airforce  13)Ministers accredited to India. 14) Chairman and Speaker of Legislative Councils and Legislative Assemb