rk ias academy - mynotesadda · rk ias academy polity made easy 4 by gaurav kotecha democracy is...

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Systems of Government

Democracy

Presidential V/s. Parliamentary Government

System of Government in India

Federal V/s. Unitary Government

Legislations During British Rule

Sources of Indian Constitution

Article, Parts and Schedule

Federation V/s Union

Territory of India V/s. Union of India

Rights

Martial Law V/s. National Emergency

Directive Principles of State Policy

Law

Amendment to the Constitution

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Emergency Provisions

President of India

Categories of Ministers

Council of Ministers V/s. Cabinet

Legislature

Bills

Types of Expenditure

Types of Funds

Committees of Parliament

Removal of Judge of Supreme Court

Panchayat Raj V/s. Urban Local Bodies

Organisations

Types of Elections

Categories of Civil Services

Planning Commission V/s. NITI Aayog

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RK IAS Academy

Polity Made Easy 3 By Gaurav Kotecha

SYSTEMS OF GOVERNMENT

Monarchy Republic Autocratic/Dictatorship

Monarchy is a system where ruler is sole

authority and the post of rules is

hereditary E.g. Saudi Arabia, Britain (In

Britain there is monarchy but real powers

are vested in Parliament)

The ruler or head of the State is elected

by the people after fix period of time.

He may be elected directly or indirectly

but the post of head of the State is not

hereditary. E.g. India, U.S.A.

In the dictatorship system of

Government mostly one person controls

all the authority, however his post is not

hereditary in nature. E.g. North Korea,

Saddam Hussein of Iraq, Hitler of

Germany.

Most of the monarchical States today are

democratic in nature i.e. king is only

titular head of the Government, all the

powers are enjoyed by representatives

elected by the people. E.g. Britain, Japan.

All of the republic systems are

democratic in nature. Democracy may

be direct or indirect in such systems.

E.g. India, U.S.A.

There is concentration of all the power.

People have no role in decision making.

They have to follow the decision of

dictator E.g. Hilter.

RK IAS Academy


Democracy is the system of Government where people directly or indirectly takes part in decision making procedure of a

political system.

Types of Democracy

(On the basis of participation of the people in decision making)

Direct Democracy Indirect Democracy

In this type of democratic system people directly takes part in

decision making procedure. Citizens vote to accept a proposal

of law or reject it. Every matter is decided on the basis of

opinion of the Citizens. E.g. Switzerland.

In this type of democratic system citizens do not take part in

the decision making procedure of the political system directly.

Citizens elect their representatives and the representative takes

part in decision making procedure on behalf of his electors.

E.g. India.

Types of Indirect Democratic Government Systems

Presidential Form of Government Parliamentary Form of Government

In this type of system Head of the State or Country and Head

of the Government is same person.

There is strict separation of powers between Legislature,

executive and judiciary.

All the powers of executive / Government are concentrated in

the hands of Head of the State.

E.g. U.S.A.

In this type of system Head of the State/Country and Head of

the Government is two different persons.

There is strict separation of power between judiciary on the

one hand and Legislature and executive on the other but no

strict separation of power between Legislature and executive.

Here, Head of the State/country is only nominal / titular head.

All the powers are concentrated in the hands of Head of the

Government. E.g. India, Britain

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EXPLANATION TERMS

1) Legislature : It is a body or organization which legislates i.e. Makes Laws. E.g.Parliament of India.

2) Executive : It is a body or system which executes the decision and implements the laws made by Parliament.

E.g.Prime Minister, Chief Minister.

Categories of Executives

Political Executives Administrative Executives

They have to get elected after fixed period of time.

E.g. Prime Minister, Chief Minister, Ministers, Mayor

They are generally selected by Political executives by appointment

or through competitive exam. They continue to serve generally till

their retirement. They do not need to get reappointed after fix

period E.g. IAS, IPS.

3) Judiciary : It is justice system which supervises over implementation of law. If any law is breached,

Judiciary gives punishment to such person. They also solve dispute between two or more

parties. E.g.Supreme Court.

4) Separation of : When powers and responsibilities are distributed at the same level of Government system

Power i.e. central Government or State Government, it called as separation of power. It is horizontal

distribution of power.

E.g. Legislature - making Laws

Executive - implementing the laws made by Legislature.

Judiciary - Punishes for the breach of law.

5) Division of : When powers and functions are distributed between different levels of Government

Powers System i.e. between central Government and State Government it is called division of

power. It is vertical distribution of powers and responsibilities. E.g.Central List, State

List and Concurrent List under Constitution of India.

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Forms of Government

( On the basis of nature of relation between Legislature and executive )

S.N. Presidential Government Parliamentary Government

1. In this form of Government President are both - Head of

the State and Head of the Government.

There are two executives. President is nominal head of the

Government whereas Prime Minister is actual/real head.

Thus President is head of the State while Prime Minister is

head of the Government.

2. Executive and Legislature are independent of each

other. Post of the President is not affected by Legislative

majority.

Party which secures majority in lower house of Legislature

forms the Government.

3. Executives are not responsible to Legislature. Cabinet is

only an advisory body, all the powers are vested in the

hands of President.

The council of minister is collectively responsible to

Parliament in general and lower house of Legislature in

particular.

4. President chooses advisors of his choice. There is no

need of advisor being member of Legislature as in case

of Parliament system.

President is nominal head of the State. He functions on the

aid and advice of Council of Ministers. Advice of the

Council of Ministers is binding on the President.

5. Members of executive are not members of Legislature.

There is strict separation of power.

Ministers are members of both executive and Legislature.

There is no strict separation of powers.

6. President is head of the State, head of the Government

and of the Country.

Prime Minister is leader of Government, of ruling party and

country as a whole.

7. Legislature cannot be dissolved by President. The lower house of Parliament can be dissolved by President

before completion of its tenure.

8. Secretary works on the principal of secrecy. Minister works on the principal of secrecy.

9. President has fix tenure. He can remove any of the

advisor at any time. No confidence motion, instrument

is not available in this system.

Normally ministers have fix tenures but Legislature can

remove them before completion of their tenure by passing no

confidence motion against the Government.

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Merits of the System

1. Stability of the Government Harmony between Legislature and executive.

2. Definiteness in the policies. Government is responsible to Legislature and in turn to the

citizens of country.

3. Strict separation of power. It prevents despotism.

4. Government by experts and matured Representation to wide section of people.

Demerits

1. Possibility of conflict between Legislature and executive

is higher.

Government is not stable. They do not have security of

tenure.

2. Government is not responsible to Legislature. Continuity of the policies are not guaranteed.

3. It may lead to autocracy or despotic form of Government. There is no strict separation of power.

4. Wide representation of people in the Government is not

guaranteed

Government of generalists or amateur.

Why India accepted Parliamentary form of Government?

- Due to long British Rule India was familiar with Parliamentary Form of Government

- Responsible Government was preferred than stable Government

- The framers of the Constitution wanted to avoid Legislative vs. executive conflict, which is bound to occurPresidential

system.

- India is most diverse country on the earth. Hence framers of the Constitution preferred the system which gave wide

representation to the people in Government and Decision Making.

RK IAS Academy


Difference between British and Indian Models of Political system

Point of Difference Monarchy System of Britian Republican System of India

Sovereignty British Parliament is sovereign Parliament enjoys limited sovereignty. Peopleof

India are Sovereign/supreme.

Membership of Head of

the Government (Prime

Minister)

Must be member of lower house of

Parliament i.e. House of Commons

Can be members of either house of Parliament i.e.

Loksabha or Rajyasabha.

Cabinet System of Cabinet and Shadow Cabinet

works simultaneously.

Only cabinet system is in place. Concept of shadow

cabinet does not exist.

RK IAS Academy


System of Government in India

Central / Union Government

Legislature Executive Judiciary

Parliament consists of Union Executive Consist

of

Supreme Court

Loksabha Rajyasabha President 1. President of India

2. Vice President of India

3. Prime minister and his

Council of Minister

4. Attorney General

Headed by Chief Justice of

India and other Judges

(Quantity of Judges decided

by Parliament through law)

(CJI+30 Judges as on 2017)

Representative

directly elected

by people

Representative of States elected

by members of State Legislative

Assembly

Elected by

MP’s and

MLA’s

Regional / State / Provincial Government

State Legislature Consist of State Executive

consist of

Judiciary High

Court

Legislative

Assembly

Legislative council (This house

may exist or may not exist)

Governor 1. Governor

2. Chief Minister

with his council of

Minister.

3.Advocate General

of the State

Chief Justice of high

court and other

Judges as decided by

President Members are

directly elected by

people

Members are elected indirectly

by different groups like local

Government, teacher, MLA’s.

Appointed by the

President

Note : Supreme Court or High Court do not falls under either union or State Government. They are independent of Legislature

and executive. However above representation is only to show level at which they functions.

RK IAS Academy


Local Self Government

Rural Area Urban Area

Zilla Parishad (Level at District) Types of Urban Local Government-

1) Municipal Corporation (For big cities)

2) Municipal Council ( For medium size tower)

3) Nagar Panchayat (For transition areas)

4) Cantonment Boards

Panchayat Samiti or Mandal panchayat (as block level)

Gram Panchayat ( At village level)

- Rural local self Government represents hierarchical

structural.

- Members at all the levels are elected directly by the

citizens of the rural areas only.

- The different types of urban local bodies are independent. They

do not control one another as happens in Panchayat Raj Institution.

- Members of these institutions are elected only from Urban areas.

Classification of Government

(On the basis of the nature of Relation between National Government and Regional Government)

Federal Government Unitary Government

Stage of

Government

Dual Government i.e. Government at National Level

and other at regional level.

Single Government at National Level

Features of

the

Constitution

-Written Constitution

- Powers are distributed between national and Regional

Government.

- Constitution is rigid. Changes cannot be done easily.

-Constitution may be written Eg .France or

unwritten i.e. Britain.

- All the powers are concentrated in the national

Government.

- Constitution may be rigid may not be rigid.

Judiciary Judiciary is independent of any interference by

executive or Legislature

Judiciary may be independent or may not be

independent.

Legislature Legislature is Bicameral. Their exists two houses.

Upper house represents the States where as lower

house represents the people.

Legislature may be bicameral (Britain) or

Unicameral (China)

Example U.S.A., India France,Britain

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Legislations During British Rule

Charter Acts

Charter Act 1793 Charter Act, 1813 Charter Act, 1833 Charter Act 1853

Commercial Privileges

of British East India

Company were

extended for 20 years.

Companies rule was

extended for 20 years but

its trade privileges were

abolished except trade in

tea and trade with China.

It extended company’s rule for

20 years.

It extended companies rule but did not

specify the time period.

Governor General was

given the power to

appoint Vice President

to act in his place in

his absence.

Rs. One Lakh were to be

set aside for spread of

education and knowledge

in India.

Company’s monopoly was

abolished. It was made just a

political entity.

It separated Legislative and executive

function of Governor General’s

council. Governor Generals

Legislative council came to be known

as Indian Legislative Council.

Salaries of Members

Board of Control were

to be paid their

salaries from Indian

Revenue

Christian missionaries

were allowed to work in

India.

Governor of Bengal was made

Governor General of India. It

deprived Governor of Bombay

and Madras of their Legislative

power. It concentrated all the

powers in the hand of Governor

of General of India.

It introduced an open competition for

civil service. Civil service was thrown

open for Indians also.

Attempted to introduce a system

of open competition for

selection of Civil servants.

Macaulay committee on civil services

was appointed in 1854.

Out of six members of Central

Legislative Council four members to

be appointed by provincial councils of

Bengal, Madras, Bombay and Agra.

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Indian Council Acts

(Laws enacted regarding functioning of Legislative councils in India are known as Council Act)

Council Act, 1861 Council Act 1892 Council Act 1909

It provided for representation of

Indians in viceroy’s Legislative

council i.e. central Legislative

council which was created by

Charter Act, 1853.

It increased the number members in

Central Legislative Councils and

provincial Legislative Council.

This act is also known as Morley Minto

Reforms. (Lord Morley was secretary of State

and Lord Minto was Viceroy of India)

It initiated the process of

decentralization by restoring

Legislative powers of Bombay and

Madras Provinces.

Budget can be discussed but cannot

be voted. Question can be asked to

executives by members of

Legislative Council.

Communal Representation to Muslims (Separate

Electorate) in central Legislative Council. Lord

Minto came to be known as Father of

Communal Electorate.

Provided for establishment of new

Legislative council in the provinces

of Bengal (1862), NWFP (1866)

and Punjab (1897)

It made provision for indirect

election of some of the members of

Central Legislative Council through

provincial council. However word

‘election’ was not mentioned in Act.

Separate representation was given to Presidency

Corporations chambers of Commerce and

Zamindars.

It gave recognition to portfolio

system introduced by lord Canning

in 1859.

Members can now discuss budget and ask

supplementary question.

It empowered viceroy to issue

ordinances without the concurrence

of Legislative council, during an

emergency situation.

Membership of Central Legislative council from

16 to 60 but official majority was maintained.

However non-official majority was granted in

provincial Legislatures.

It provided for inclusion of Indians into viceroys

executive council. Satyendra Prasad Sinha

become first Indian to join viceroys executive

Council.

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Separate representation was given to presidency

corporation chambers of commerce, universities

and Zamindars.

Provided for establishment of election

commission.

Reforms Acts

Government of India Act, 1919 Government of India Act, 1935

It is also known as Montague-Chelmsford Reforms Act. (Montagu

was Secretary of India where as Chelmsford was Viceroy). This Act

came into force in 1921.

Provided for establishment of All India Federation

consisting of British India (territories ruled by

British) and princely States (territories ruled by

princes). However this Federal provision never came

into force.

It separated central and provincial subjects. Subjects were divided into 3 lists i.e. Federal List,

Provincial List and Concurrent List. Residuary

powers (The powers which does not fall under any of

the three lists) were given to the viceroy.

Provincial subjects were divided into ‘Reserved’ and ‘Transferred’.

‘Reserved’ subjects were to be administered by officials where as

‘Transferred’ subjects were to be administered by ministers

responsible to the Legislative Council. This system came to be known

as ‘diarchy’.

It abolished diarchy in the provinces and introduced

‘provincial autonomy’. All the provincial subjects

were to be administrated by Governor on the advice

of ministers responsible to provincial Legislature.

Accordingly elections were held in 1937.

It introduced Bicameralism i.e. two house in the Legislature. Upper

house (Council of States) and Lower House (Legislative Assembly)

formed the Central Legislature.

Diarchy was adopted at center. As the federation

never came into existence diarchy of the center also

remained non-enforced.

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It introduced ‘direct election for the first time. Majority Members of

both the houses were chosen by direct election. However it granted

limited Franchise to limited number of people on the basis of property

tax or education.

Introduced Bicameralism in six out of eleven

provinces.

It required that three out of six members other than Commander and

Chief of the viceroys executive council were to be Indian.

Extended separate electorates for scheduled castes,

Women and Labors.

Communal electorate were extended for Sikh, Indian, Christians,

Anglo Indian and Europeans.

It abolished council of India, established by

Government of India Act, 1858.

New Office of High Commissioner for India was created in London

and some of the functions of Secretary of India was transferred to him.

Enlarged the Franchise.

Provided for establishment of public service commission. Hence

central public service commission (precursor of UPSC) was

established in 1926.

Provided for establishment of Reserve Bank of India,

separate Public Service Commission for Federation

and Provinces and Federal Court.

Central and Provincial Budgets were separated.

Provided for appointment of statutory commission after 10 years for

review of working of this act. (Simon commission was appointed in

1927 for this purpose).

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Sources of the Constitution at a Glance

S.N. Sources Features Borrowed

1. Government of India Act of 1935 Federal Scheme, Office of Governor, Judiciary, Public Service Commission

Emergency provisions and administrative details.

2. British Constitution Parliamentary government, Rule of Law, Legislative procedure, single citizenship,

cabinet system, prerogative writs, Parliamentary privileges and bicameralism.

3. US Constitution Fundamental rights, independence of judiciary, judicial review, impeachment of

the President, removal of supreme court and high court judges and post of Vice

President.

4. Irish Constitution Directive Principles of State Policy, nomination of members

5. Canadian Constitution Federation with a strong Center, vesting of residuary powers in the center,

appointment of State governors by the Center and advisory jurisdiction of the

Supreme Court.

6. Australian Constitution Concurrent List, freedom of trade, commerce and inter-course and joint sitting of

the two Houses of Parliament.

7. Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency.

8. Soviet Constitution (USSR, now

Russia)

Fundamental duties and the ideal of justice (social economic and political) in the

Preamble.

9. French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble.

10. South African Constitution Procedure for amendment of the Constitution and election of members of Rajya

Sabha.

11. Japanese Constitution Procedure established by Law.

RK IAS Academy


DIFFERENCE BETWEEN

Article Part Schedule

Articles can be termed as rules that

govern a particular subject of interest

The Constitution is divided into parts that

deal with a broad, but the specific topic.

It is like appendix which can be

referred to while reading an article.

Articles also contains various sections

but all are related to particular subject of

interest.

E.g. Part III - Fundamental Rights.

Part IV - Directive Principles of State

Policy

They contain articles which are

related to the list of particular item.

E.g. Article-14 - Equality

21- Right to life and liberty

There were 22 parts in the Constitution at

the time of commencement of

Constitution. Several amendments have

added other parts such as IV-A, IX-a, etc.

Now there are 26 parts in the

Constitution.

Schedule are the auxiliary provision

which could not be accommodated in

one single article.

Individual provision of Constitution is

called as Article. The word section is

used for provision of an Act.

Original Constitution had 8 schedules.

Four more schedules were added

through different amendments. Now

there are 12 schedules in the

Constitution of India.

E.g. : Schedule 10 - Anti defection

Law.

There are more than 465 articles in the

Constitution. Original Constitution had

395 articles. The numbering still remains

the same but as and when Constitution is

amended, new articles are added under

original article with suffix A, B, C.

E.g. Article 21 A -Right to Education

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Important Articles of the Constitution

Articles Deals with

1 Name and territory of the Union

3 Formation of new States and alteration of areas, boundaries or names of existing States

13 Laws inconsistent with or in derogation of the fundamental rights.

14 Equality before law

16 Equality of opportunity in matters of public employment

17 Abolition of untouchability

19 Protection of certain rights regarding freedom of speech, etc.

21 Protection of life and personal liberty

21 A Right to elementary education

25 Freedom of conscience and free profession, practice and propagation of religion

30 Right of minorities to establish and administer educational institutions

31 C Saving of laws giving effect to certain directive principles-39

32 Remedies for enforcement of fundamental rights including writs

38 State to secure a social order for the promotion of welfare of the people

40 Organization of village panchayats

44 Uniform civil code for the citizens

45 Provision for early childhood care and education to children below the age of 6 years

46 Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections

50 Separation of judiciary from executive

51 Promotion of international peace and security

51A Fundamental duties

72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

74 Council of ministers to aid and advise the President

78 Duties of prime minister as respects the furnishing of information to the President, etc.

110 Definition of Money Bills

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112 Annual financial Statement (Budget)

123 Power of President to promulgate ordinances during recess of Parliament

143 Power of President to consult Supreme Court

155 Appointment of governor

161 Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

163 Council of ministers to aid and advise the governor

167 Duties of chief minister with regard to the furnishing of information to governor, etc.

169 Abolition or creation of Legislative councils in States

200 Assent to bills by governor (including reservation for President)

213 Power of governor to promulgate ordinances during recess of the State Legislature

226 Power of high courts to issue certain writs

239 AA Special provisions with respect to Delhi

249 Power of Parliament to legislate with respect to a matter in the State List in the national interest

262 Adjudication of disputes relating to waters of inter-State rivers or river valleys

263 Provisions with respect to an inter-State council

265 Taxes not to be imposed saved by authority of law

275 Grants from the Union to certain States

280 Finance Commission

300 Suits and proceedings

300 A Persons not to be deprived of property saved by authority of law (Right to property)

311 dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

312 All-India Services

315 Public Service Commission for the Union and for the States

320 Functions of Public service commissions

323-A Administrative tribunals

324 Superintendence, direction and control of elections to be vested in an Election Commission

330 Reservation of seats for scheduled castes and scheduled tribes in the House of the People

335 Claims of scheduled castes and scheduled tribes to services and posts

352 Proclamation of Emergency (National Emergency)

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356 Provisions in case of failure of Constitutional machinery in States (President’s Rule)

360 Provisions as to financial emergency

365 Effect of failure to comply with, or to give effect to, directions given by the Union (President’s Rule)

368 Power of Parliament to amend the Constitution and procedure therefor

370 Temporary provisions with respect to the State of Jammu and Kashmir

Parts of the Constitution

Parts Subject Matter Articles Covered

I The Union and its territory 1 to 4

II Citizenship 5 to 11

III Fundamental Rights 12 to 35

IV Directive Principles of State Policy 36 to 51

IV-A Fundamental Duties 51 A

V The Union Government 52 to 151

VI The State Governments 152 to 237

VIII The Union Territories 239 to 242

IX The Panchayats 243 to 243-0

IX-A The Municipalities 243-P to 243-ZG

IX-B Co-operative societies 243-ZH to 243-ZT

X The Scheduled and Tribal Areas 244 to 244-A

XI Relations between the Union and the States 245 to 263

XII Finance, Property, Contracts and Suits 264 to 300-A

XIII Trade, Commerce and Intercourse within the Territory of India 301 to 307

XIV Services under the Union and the States 308 to 323

XIV-A Tribunals 323-A to 323-B

XV Elections 324 to 329-A

XVI Special Provisions relating to SCs, STs, OBCs and Anglo-Indians 330 to 342

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XVII Official Language 343 to 351

XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of the Constitution 368

XXI Temporary, Transitional and Special Provisions 369 to 392

XXII Short title, Commencement, Authoritative Tex in Hindi and Repeals 393 to 395

SCHEDULES

Numbers Subject Matter Articles

Covered

First Schedule 1. Names of the States and their territorial jurisdiction

2. Names of the Union Territories and their extent

1 and 4

Second Schedule Provisions relating to the emoluments, allowances, privileges and so on of President,

Governor of States Speaker and deputy speaker of Loksabha, Chairman and Deputy

Chairman of Rajyasabha, Judges of Supreme Court and High Court, CAG, etc.

59, 65, 75, 97,

125, 148, 158,

164, 186 & 221

Third Schedule Forms of Oaths or Affirmation 75, 84, 99, 124,

146, 173, 188,

219,

Fourth Schedule Allocation of seats in the Rajyasabha to the States and the union territories 4 & 80

Fifth Schedule Provisions relating to the administration and control of scheduled areas and

scheduled tribes.

244

Sixth Schedule Provisions relating to the administration of tribal areas in the States of Assam,

Meghalaya, Tripura and Mizoram

244 & 275

Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List),

List II (State List) and List III (Concurrent List). Presently, the Union List contains

100 subjects (originally 97), the State list contains 61 subjects (originally 66) and the

concurrent list contains 52 subjects (originally 47).

246

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Eight Schedule Languages recognized by the Constitution. Originally, it had 14 languages but

presently there are 22 languages.

344 & 351

Ninth Schedule Acts and Regulations (originally 13 but presently 282) of the State Legislatures

dealing with land reforms and abolition of the zamindari system and of the

Parliament dealing with other matters. This schedule was added by the 1st

Amendment (1951) to protect the laws included in it from judicial scrutiny on the

ground of violation of fundamental rights. However in 2007, the Supreme court ruled

that the laws included in this schedule after April 24, 1973, are now open to judicial

review.

31-B

Tenth Schedule Provisions relating to disqualification of the members of Parliament and State

Legislatures on the ground of defection. This schedule was added by the 52th

Amendment Act of 1985, also known as Anti-defection Law.

102 & 191

Eleventh

Schedule

Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters.

This schedule was added by the 73rd Amendment Act of 1992.

243-H

Twelfth Schedule Specifies the powers, authority and responsibilities of Municipalities. It has 18

matters. This schedule was added by the 74th Amendment Act of 1992.

243-W

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DIFFERENCE BETWEEN

Federation Union

Independent States / province come together and form the

Federation.

Formation of Union is not result of independent Statescoming

together. The territory already forms one nation.They are

divided into States or provinces administrative convenience.

Provinces or States have right to secede/exit from the

federation. E.g. U.S.A.

Provinces or States do not have right to secede/exist from the

union or nation. E.g. India.

DIFFERENCE BETWEEN

Territory of India Union of India

It includes all the territories belong to a nation. It includes territories only of States and not the Union

Territories.

Territory of India includes territories of States and Union

Territories and territories acquired from foreign territory if

any.

Union of India consists less area than territories of India.

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Difference Types of Rights

Point of

Difference

Human Rights Fundamental Rights Legal Rights

Meaning Human Rights are the basic rights

that all the human beings can

enjoy, no matter where they live,

what they do.

Fundamental Rights means the

primary rights of the citizens

which are justifiable and specified

in the Constitution. Fundamental

rights cannot be altered or taken

away easily.

Legal rights are rights given and

protected by particular law, but

they can be altered or taken away

by the Legislature by making

changes in the law.

Scope These are universal. Available

against State and individuals.

It is country specific. Available

only against the State.

A person has to move to ordinary

court violation of legal right.

Basic

Principal

Every person must enjoy dignified

life as he or she is born as Human

Being.

It is country specific. Available

only against the State.

A person has to move to ordinary

court violation of legal right.

Guarantee It is accepted as basic rights but

their implementation is not

guaranteed.

Their implementation is

guaranteed. Supreme Court in

India is guarantor of Fundamental

Rights.

These are guaranteed under

particular law. Person who’s legal

rights are violated can approach

ordinary court.

Enforcement Non-enforceable by court of law

of the nation. If a nation includes

human right in fundamental or

legal rights then they become

judicially enforceable.

Enforceable by court of law in

that country. E.g. Supreme Court

and High Court in India,

fundamental law came into force

automatically. Enactment of law

is not needed for implementation

of fundamental rights.

These are enforceable by ordinary

court of law. Legal right came into

force only if it is mentioned in the

law passed by Legislature.

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FUNDAMENTAL RIGHTS

(Article 12 to Article 35)

Right to

Equality

Right to

Freedom

Right against

Exploitation

Freedom of

Religion

Cultural and

Educational

Rights

Right to

Constitutional

Remedies

Other rights

(Article 14 to

18)

(Article 19 to

22)

(Article 23,24) (Article 25

to28)

(Article 29,30) (Article 32) (Article33

to35)

14 - Equality

before Law

19- Freedom of

speech and

expression

23-Prohibition

of traffic in

Human beings

and forced

labour.

25-Freedom of

conscience and

free profession,

practice and

propagation of

religion.

29-Protection of

rights of

minorities.

Under Article

32 any person

who’s

Fundamental

right is violated

can directly

approach to

Supreme Court

of India. Court

issues any of

the following

writ upon such

plea 1.Habeas

corpus Have a

Body.

2.Mandamus-

We command.

3.Prohibition-

To Forbid

33- To restrict

or abrogate

Fundamental

rights of the

armed forces.

15-Prohibition

of

Discrimination

20-Protection in

respect of

conviction for

offence

24-Prohibition

of Employment

of Children in

factories etc.

34- Restriction

of fundamental

rights while

martial law

16-Equality of

opportunity in

public

employment

21-Right of Life

and Liberty

26-Freedom to

manage

Religious

Affairs

30- Right of

minorities to

establish and

Administer

Educational

Institution

35- Giving

effect to

certain

fundamental

rights.

17-Abolition of

untouchability

21A- Right to

education

27-Freedom

from Taxation

for Promotion

of a religion

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18-Abolition

Titles

22-Protection

against arbitrary

Arrest

Article 28- Freedom from

Attending

Religious

Institution

4.Certiorari-

Transfer of

Case

5.Quo

Warrants- by

what authority

NOTE :

Article 12 : It provides definition of State.

Article 13 : It States that any law inconsistent with fundamental rights shall be null and void.

Right to property is now legal right and not a fundamental right.

Most of the fundamental do not require enactment of law for their enforcement. In some case where law

is needed, it can on be enacted by Parliament. State Legislature have no role to play in effecting

fundamental rights through law.

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Availability Fundamental Rights

FR available only to citizens and not to foreigners FR available to both citizens and foreigners (except enemy

aliens)

Prohibition of discrimination on ground of religion,

race, caste, sex or place of birth (Article 15).

Equality of opportunity in matters of public

employment (Article 16)

Protection of six rights regarding freedom of :

(i)Speech and expression, (ii) Assembly,

(iii)association, (iv) movement, (v) residence and (vi)

profession (Article 19)

Protection of language, script and culture of minorities

(Article 29)

Right of minorities to establish and administer

educational institutions ( Article 30)

Equality before law and equal protection of laws (Article 14)

Protection in respect of conviction for offences (Article 20)

Protection of life and personal liberty ( Article 21)

Right to elementary education (Article 21A)

Protection against arrest and detention in certain areas (Article 22)

Prohibition of traffic in human being and forced labour (article 23)

Prohibition of employment of children in factories etc. (Article 24)

Freedom of conscience and free profession, practice and propagation

of religion (Article 25)

Freedom to manage religious affairs (Article 26)

Freedom from payment of taxes for promotion of any religion

(Article 27)

Freedom from attending religious instruction or worship in certain

educational institutions ( Article 28)

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Martial Law Vs. National Emergency

S.N. Martial Law National Emergency

1. It affects only Fundamental Rights It affects not only Fundamental Rights but also Center-

State relations, distribution of revenues and Legislative

powers between Center and States and may extend the

tenure of the Parliament.

2. It suspends the government and ordinary law courts. Position of the government and ordinary law courts in

unaffected.

3. It is imposed to restore the breakdown of law and order

due to any reason.

It can be imposed only on three grounds-war, external

aggression or armed rebellion.

4. It is imposed in some specific area of the country. It is imposed either in the whole country or in any part of it.

5. It has no specific provision in the Constitution. It is

implicit.

It has specific and detailed provision in the Constitution. It

is explicit.

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Classification of Directive Principles of State Policy

Socialist Principle Gandhian Principles Liberal / Intellectual Principles

Article 38 - State shall promote welfare

of people by securing social order

permeated by justice-social, economic

and political and to minimize. These

principles reflect the ideology of

socialism. They lay down the framework

of a democratic socialist State, aim at

providing social and economic justice

and set the path towards welfare State.

These principles are based on

Gandhian ideology. They represent

the programme of reconstruction

enunciated by Gandhiji during the

national movement. In order to fulfill

the dreams of Gandhi, some of ideas

were included as Directive Principles.

The principles included in this category

represent the ideology of liberalism.

They direct the State :

1. To promote the welfare of the people

by securing a social order permeated by

justice-social, economic and political and

to minimize inequalities in income,

status, facilities and opportunities

(Article 38).


1. To organize village panchayats and

endow them with necessary powers

and authority to enable them to

function as units of self-government

(Article 40)


1. To secure for all citizens a uniform civil

code throughout the country ( Article 44).

2. To secure (a) the right to adequate

means of livelihood for all citizens; (b)

the equitable distribution of material

resources of the community for the

common good; (c) prevention of

concentration of wealth and means of

production; (d) equal pay for equal work

for men and women; (e) preservation of

the health and strength of workers and

children against forcible abuse; and

2. To promote cottage industries on

an individual or co-operation basis in

rural areas (Article 43)

2. To provide early childhood care and

education for all children until they

complete the age of six year (Article 45)

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(f)opportunities for healthy development

of children (Article 39). 3. To promote equal justice and to

provide free legal aid to the poor (Article

39A)

3. To promote voluntary formation,

autonomous functioning, democratic

control and professional management

of Co-operative Societies (43 B)

3. To organize agriculture and animal

husbandry on modern and scientific lines

(Article 48).

4. To secure the right to work, to

education and to public assistance in

cases of unemployment, old age,

sickness and disablement (Article 41).

4. To 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 (Article 46)

4. To protect and improve the environment

and to safeguard forests and wild life

(Article 48 A)

5. To make provision for just and

humane conditions for work and

maternity relief (Article 42)

5. To prohibit the consumption of

intoxicating drinks and drugs which

are injurious to health (Article 47)

5. To protect monuments, places and

objects of artistic or historic interest which

are declared to be of national importance

(Article 49)

6. To secure a living wage, a decent

standard of life and social and cultural

opportunities for all workers (Article 43)

6. To prohibit the slaughter of cows,

calves and other milch and draught

cattle and to improve their breeds

(Article 48)

6. To separate the judiciary from the

executive in the public services of the State

(Article 50).

7. To take steps to secure the

participation of workers in the

management of industries (Article 43 A)

7. To promote international peace and

security and maintain just and honorable

relations between nations; to foster respect

for international law and treaty settlement

of international disputes by arbitration

(Article 51)

8. to raise the level of nutrition and the

standard of living of people and to

improve public health (Article 47)

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LAW

Constitution Law Rules

Meaning Constitution is collection of

fundamental law of land. It is

also a law but a fundamental

law. It is above ordinary law.

E.g. Constitution of India

The system of Rules which a

particular country or community

recognizes as regulating action of its

members and which it may enforce by

imposition of penalties or

punishment. Laws are passed by

Legislature under the authority given

by the Constitution. E.g. G.S.T Act,

Right to Education Act 2009.

Legislature makes law only in broad

skeletal form. Then executives fill

up the minor technical details when

Legislature delegates its authority of

making rules of law to someone else

it is called as rules. Rules are part of

law and have to be submitted to

Legislature for approval.

Other name It is also called Constitutional

Law

It is also called as Statutory Law or

Statue

It is also called delegated

Legislations or subordinate

legislation.

Utility It defines relationship between

different organs of the State and

between citizens and State

It lays down the rules which will

govern particular subject E.g. G.S.T.

Rules are made for actual

implementation of law.

Alteration Alteration or change in the

Constitution is difficult. It may

require special majority of the

Legislature.

Alteration, amendment or re-

appealing of law is easy. It requires

majority support of the house of

Legislature.

Rules can be altered, amended or

repealed by executive order hence it

is very easy.

Basis It is enacted generally at the time

of foundation of a nation. E.g.

Constitution of India was

enacted in 1950 when India was

declared as ‘Republic’.

Laws are enacted on the basis of

powers given by the Constitution.

E.g. Constitution empowers the

Government to impose taxes on

goods and service. On the basis of

this GST Act 2016 was passed.

Rules are framed by executive on

the basis of powers given by

Legislature for particular law.

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Types of Amendment

(To The Constitution of India)

Not Provided under Constitution Provided under Constitution (Article 368)

Simple Majority Special Majority Special Majority of Parliament and

Ratification of half of the State

Legislature.

Meaning Simple majority means majority

support (50%+1) of members present

and voting the house at the time of

voting. Amendment by this type is

not considered as amendment as such.

Special majority has two

components. One majority must

be absolute majority of the house

and second it must be a majority

of two-third of membership of the

house. Absolute majority means

majority of the total strength of

the house.

This type of amendment has to be

passed by Parliament with special

majority and after approved by

Parliament it must also be passed by

half of the State Legislatures by simple

majority. The moment half of the State

Legislature give their consent

Constitution stands amended

irrespective of whether remaining

States pass it or not . Those provision

of Constitution which are related to

Federal structure and provisions which

give some sort of powers and rights to

States have to be amended by this way.

E.g. Suppose if 200 members are present

in LokSabha but only 180 are voting.

In order to pass the amendment by

simple majority the bill requires

support of minimum 91 members

(majority of 180)

Total strength of Loksabha is

545. Absolute majority will be

273.

1. Suppose only 360 members are

present. All of them are voting. If

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Amendment bill gets support of

2/3rd of 360 members, it is 240. In

this case amendment will not be

passed as it does not full fill the

condition of absolute majority.

2. Suppose 500 members are

present in the house but only 450

are voting. If it gets support of

2/3rd of the members i.e. 300, in

this case amendment will be

passed. It fulfills both the criteria

i.e. support must be 2/3rd of

present and voting and it must not

be less than absolute majority

(273) of the house.

Provisions

that can be

amended

1. Admission or establishment of new

States.

2. Formation of new States and

alteration of areas, boundaries or

names of existing States.

3. Abolition or creation of Legislative

councils in States.

4. Second Schedule- emoluments,

allowances, privileges and so on of

the President the Governors, the

Speakers, Judges, etc.

5. Quorum in Parliament.

6. Salaries and allowances of the

members of Parliament.

1. Fundamental rights.

2. Directive principles of State

Policy.

3. All other provisions of the

Constitution which are not

covered by simple majority type

or special majority and

ratification of half of the States

types.

1. Election of the President and its

manner.

2. Extent of the executive power of the

Union and the States.

3. Supreme Court and High Courts.

4. Distribution of Legislative powers

between the Union and the States.

5. Any of the lists in the Seventh

Schedule.

6. Representation of States in

Parliament.

7. Power of Parliament to amend the

Constitution and its procedure (Article

368 itself).

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7. Rules of procedure in Parliament.

8. Privileges of the Parliament, its

members and its committees.

9. Use of English language in

Parliament.

10.Number of puisne judges in the

Supreme Court.

11.Conferment of more jurisdiction

on the Supreme Court.

12. Use of official language

13. Citizenship

14. Elections of Parliament and State

Legislature.

15.Delimitation of Constituencies

16. Union Territories.

General Rules for Amendment to Constitution of India (Article 368) :

- a bill for amendment of the Constitution is passed in a same way as other bill in the Parliament, subject to conditions of

majority support required.

- It can be Government bill or private member’s bill.

- An amendment bill can be initiated only in Parliament and not State Legislature. Only in one exceptional case the process

can be initiated by State Legislature i.e. creation or abolition of State Legislature Council. In this case also State Legislature

just passes the resolution demanding creation or abolition of council. The amendment bill is introduced in Parliament only.

- Every bill seeks to amend Constitution must be passed by each house of Parliament separately according to majority

required. The provision of joint session of Parliament is not applicable in case of Constitution Amendment Bill.

- Prior approval of the President is not required for introduction of Constitution Amendment Bill.

- Once amendment bill is passed in required manner it is sent to President for his assent. President must give his assent to the

bill. He can neither withhold nor return the bill for reconsideration of Parliament.

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Emergency Provisions

Difference Between

Point of

Difference

National Emergency

(Article 352)

State Emergency or President

Rule (Article 356)

Financial Emergency

(Article 360)

Grounds of

Declaration

It can be declared on the grounds of war,

external aggression or internal armed

rebellion. National Emergency can be

declared on the occurrence of such event or

even before actual occurrence of the event; if

the President is satisfied of imminent danger.

Third ground i.e. internal disturbances was

replaced by internal armed rebellion by 44th

Amendment Act 1978 due to its vagueness

and possible misuse.

Under Article 356 - President is

empowered to impose Presidents

rule in the State if he is satisfied that

situation has arisen in which State

cannot function in accordance with

the provisions of the Constitution.

He can do so upon receiving report

of the governor or without it. Under

Article 365 - If Statefailed to comply

with the direction given by the center

it would be appropriate for the

President to consider that State

Government cannot function as per

provisions of the constitution and he

can impose President rule.

Financial emergency is

declared when

financial stability or

credit of India or any

part of its territory is

threatened.

Who can

declare it

President of India on the written

recommendation of cabinet.

It is declared by President It is declared by

President.

Application Proclamation of national Emergency may be

applicable to entire country or only part of it.

It is applicable to only that particular

State

It is applicable to entire

country.

Parliament

ary

Approval

The proclamation must be approved by both

houses of Parliament within one month of

its issue. Originally the period of Approval

was 2 months. It was reduced to 1 month by

44th Amendment Act,1978. Such

A proclamation imposing Presidents

rule must be approved by both the

houses of Parliament within two

months of date of its issue

A proclamation of

financial emergency

must be approved by

each house of

Parliament separately.

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proclamation must be approved by both the

houses of Parliament separately.

Majority Every resolution proclaiming national

emergency or its continuance must be

approved by special majority of both the

houses of Parliament separately. Original

Constitution provided that such resolution

shall be passed by simple majority. 44th

Amendment Act, 1978 changed it to special

majority.

A proclamation approving Presidents

Rule needs to be passed by both

houses of Parliament by simple

majority. Both houses must pass it

separately.

A proclamation

approving financial

emergency needs to be

passed by simple

majority of both houses

of Parliament

separately.

Duration Once approved it can continue for maximum

six months

Once approved it can continue for

maximum six months

Once approved,

financial emergency

continues indefinitely

till it is revoked.

Renewal It has to be renewed every six months. There

are no limitation on number of renewals,

however it can be renewed for six months at

a time.

It has to be renewed every six

months. It can be extended for

maximum 3 years but needs a

renewal every six months. It can be

extended beyond one year only if

national emergency is in operation or

election commission certify that

general election for State Assembly

cannot be held.

There is no need of

repeated Parliamentary

approval for

continuation of

financial emergency.

Revocation 1) It can be revoked by President any time.

Revocation by President does not require

Parliamentary approval.

2) If Loksabha disapproves resolution of

continuation of national emergency.

It can be revoked any time by the

President. Revocation does not need

Parliamentary approval.

A proclamation of

financial emergency

may be revoked by the

President at any time

by issuing such

proclamation.

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3) If one tenth members of Loksabha gives

written notice to the speakers a special sitting

of the house should be held within 14 days

for consideration of resolution disapproving

the continuation of the proclamation. This

provision was added by 44th amendment act,

1978.

Resolution of disapproval solution is

required to be passed by Loksabha only and

it requires simple majority.

Effects on

Center

State

Relation

Center becomes entitled to give executive

direction to States on any matter. Thus the

State Government’s are brought under

complete control of the center, though they

are not suspended.

Parliament is empowered to make law on

any subject of the State list. Although the

Legislative power of State Legislature is not

suspended, it becomes subject to overriding

powers of the Parliament.

The laws made by Parliament during such

period become inoperative six months after

the emergency has ceased to operate

similarly President can issue ordinance many

subject of the State List.

State executives are dismissed.

The State Governor, on behalf of the

President, carries on the State

administration with help of Chief

Secretary of the State or the advisors

appointed by the President.

President either suspends or

dissolves State Legislative

Assembly. Parliament passes the

State Legislative bills and budgets.

The laws made by President,

Parliament or any other authority

continues to operate even after

Presidents Rule. But it can be

replaced or altered or re-enacted by

State Legislature.

Center can issue

direction to States to

reduce salaries and

allowances of any class

person serving in the

State; to reserve all

money bills or other

financial bill for the

consideration of the

President.

President may issue

directions for the

reduction of salaries

and allowances of all

or any member serving

in the union, judges of

supreme court and high

court.

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Tenure of Loksabha can be extended beyond

normal tenure of 5 years for one year at a

time for any length of time.

Similarly Parliament may extend the tenure

of State Legislature by one year each time

for any length of time.

In both above cases extension cannot

continue beyond the period of six months

after the emergency ceased to operate.

Powers and functions of State high

court remain intact even during

operation of President’s Rule.

The State Legislative Assembly is

either suspended or dissolved by the

President.

Effects on-

Fundament

al Rights

Fundamental rights under Articles 19 can be

suspended only when national emergency is

proclaimed on the grounds of external

aggression and not on the grounds of internal

armed rebellion.

Fundamental rights are not suspended as

such. Only its enforcement is suspended.

Articles 20 and 21 are not suspended under

any circumstances.

President’s Rule have no effect on

the fundamental rights. Fundamental

rights remains with the citizen. It

remain enforceable by court of law.

Proclamation of

financial emergency

has no effect on the

fundamental rights.

Scope of

Judicial

Review

Proclamation of national emergency is also

subject to judicial review.

After S.R. Bommai Case (19940

Presidents Rule is subject to judicial

review.

Proclamation of

financial emergency is

subject to judicial

review.

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President of India

Electoral College

(Voters who votes for the election of President is called Electoral College)

Who can Vote Who cannot Vote

Elected members of Parliament (233 of Rajyasabha + 543

of Loksabha.

Nominated members of both the houses of Parliament. (12 of

Rajyasabha + 2 of Loksabha)

Elected members of the Legislative assemblies of the States

and union territories of Delhi and Pondicherry

Nominated members of Legislative assemblies of States and

union territories of Delhi and Pondicherry. ( One Anglo Indian

member in each Assembly)

Members of State Legislative Council whether elected or

nominated.

Types of Voting

Point of

difference

First Past The Post Proportional Representation System

Meaning It is one electoral system in which the candidate

who gets maximum number of votes gets elected

in a single member constituency.

Under this system votes instead of voting to one candidate

gives their preference order. Their vote is allotted to their

first preference and if no one emerges with majority, the

candidate which received least number of votes is

removed from consideration and second choice of those

who voted for him are taken into consideration. This

process continues till winner emerges with majority of

50% + one vote . for him are taken into consideration. This process continues till w

Other Name Simple majority system Single Transferable vote system

Criteria for

winning

Candidate

A candidate who secures even one extra vote than

all other candidates is considered as winner

In order to win election candidate must secure fifty percent

plus one vote of the total votes polled.

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Use in India For elections of following

- Members of Loksabha and State Legislative

Assembly

- Members of Local Bodies

For the elections of following

- President and Vice President of India.

- Members of Rajyasbha.

- Members of State Legislative Council.

Area of a

constituency

Entire country is segregated into smaller

geographical/ territorial units, which is called as

constituency.

Large geographical territorial area forms one constituency.

Merit System is very simple Proportional representation to different parties on the basis

of votes they polled.

Demerit Winning candidate often does not represent the

majority votes

The system is very complicated and not suitable where

number of votes are very large and voters are illiterate.

Procedure for Impeachment of the President of India (Article 61)

President can be impeached only on the ground of violation of Constitution

A Notice has to be submitted to either house of Parliament. Such notice has to be signed by not less than one fourth of the total

membership of the house.

(Suppose such notice is given to a speaker of Loksabha. It must be signed by minimum 137 members i.e. 1/4th of 545.)

Speaker of Loksabha serves 14 days notice of President.

After 14 days motion for the impeachment is moved in the house.

Motion of impeachment should be passed by two third majority of the total membership of the house irrespective of vacancies

or abstentions.

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If motion is passed by first house, Loksabha in this case, then motion is sent to other house i.e. Rajyasabha.

The other house investigates such charges. President of India will have right to appear or be represented through Attorney

General or any other person of his choice before investigating committee.

If the other house also passes the motion of impeachment with 2/3rd majority of the total membership of the house. President

stands impeached from that movement.

Comparison between Election procedure and impeachment procedure of the President

Election Procedure Impeachment Procedure

It is a democratic process It is a quasi judicial process.

Only elected members of Parliament votes for election of the

President. Nominated members of Parliament do not vote in

election process.

Both, elected as well as nominated members of Parliament

vote in the impeachment process.

Only members of State Legislative assemblies votes in

election. Members of Legislative council do not vote in

election.

Neither members of Legislative council nor Legislative

Assembly takes part in the impeachment process.

Proportional representation system of voting is used for the

election of President.

First past the post system is used during impeachment process.

It means value of vote of all the voters is same.

Simple majority i.e. 50 % plus votes are required in order to

win the election.

Motion of impeachment can be passed only by absolute 2/3rd

majority of total membership of the house.

If person gets elected, he does not become President

immediately. He have to take oath of office of President.

If the motion of impeachment is passed by the President stands

impeached from the same movement.

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Options available to President with respect to bills passed by Legislature when bill is sent for his assent

Give his assent Withhold his assent Return the bill for reconsideration

If the President gives his

assent bill becomes Act.

In this situation bill will not

become act, until it receives

assent of the President.

If President have any doubt or suspicious with respect to bill

submitted for his assent, he can return the bill to Parliament

for its reconsideration. If the bill is passed by Parliament

with or without changes, President must give his assent.

Veto Powers of the President

Point of

Difference

Absolute Veto Qualified Veto Suspensive Veto Pocket Veto

Meaning If the President

withholds his assent to

a bill passed by

Legislature it is called

as absolute veto. In this

case bill ends there and

does not become act.

If the President uses

veto power with respect

to bill passed by

Legislature. Legislature

can override the

Qualified Veto by

passing the same bill

with higher majority.

If the President have any doubt

or suspicion regarding bill

passed by Parliament he can

send it back to Parliament for its

reconsideration. This power of

President is known as

suspensive veto.

When President neither

gives his consent nor

withhold nor rejects to

the bill, but simply

keeps it pending for

indefinite period. It is

called as Pocket Veto.

Application

under Indian

Constitution

- Private Members Bill

-Government bill when

cabinet resigns.

-State Bill which is

reserved by Governor

of State for

consideration of

President under article

200.

This Veto is not

available to President of

India

If Parliament passes the bill

with or without changes,

President must give his assent.

This Veto is overridden by

simple majority.

Ordinary bills.

Can be used by

President in case of

ordinary bill and bill of

States

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Note

Available

with respect

to

Constitutional

Amendment Bill

Not available in any

case

- Constitutional Amendment

Bill

- Money Bill

- Constitutional

Amendment Bill

- Money Bill

Comparison of President of India and Governor of a State

President of India Governor

Article Article 52 Article 153

Position Head of the State i.e. Head of the Country Head of a State of a Union i.e. Head of Province.

Status Nominal Head and Constitutional Head of the

State

Nominal Head and Constitutional Head a State of Union/

Province

Election/ Elected by members of Parliament and State

Legislative

Appointed by the President on the advice of Prime

Minister.

Appointment Assemblies & UT’s of Delhi and Pondicherry With his Council of Minister

Tenure 5 years 5 years

No. of Term President can be re-elected for any number of

terms

Governor can be re-appointed for any number of terms.

Additionally Governor can be transferred or made

Governor of two States simultaneously.

Oath Oath administered by Chief Justice of India Oath administered by Chief Justice of High Court of

concerned State.

Qualification 1) Head should be citizen of India

2) He should have completed 35 years of age

3) He should be qualified for election as a

member of the Loksabha.

4) He should not hold any office of Profit.

1) He should not be member of either house of Parliament

or State Legislature. if a member of any house is

appointed as the Governor; he is deemed to have vacated

his seat in that house.

2) He should not hold any office of Profit.

Removal - The process of removing President from his

office is called as “Impeachment”.

The constitution does not lay down any grounds upon

which a governor may be removed by President.

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- Impeachment motion must be passed by two

third majority of the absolute membership of each

house of the Parliament separately.

Discretionary

Power

President has not constitutional discretion. He

have some situation discretions.

1) Appointment of Prime Minister when no party

has clear majority in the Loksabha or office of

Prime Minister suddenly falls vacant upon death

of Prime Minister.

2) Dismissal of Council of Minister if it looses

confidence of Loksabha.

3) Dissolution of the Loksabha if Council of

Minister has lost its majority.

Governor enjoys following constitutional discretion.

1) Reservation of a bill for the consideration of the

President (Article 200)

2) Recommendation for the imposition of the Presidents

Rule in the State.

3) While exercising his functions as the administrator of

the adjoining union territory.

4) Securing information from the Chief Minister with

regards to the administrative and legislative matter of the

State.

In addition to constitutional discretion Governor enjoys

same situational discretion as President of India.

Position

during

Emergency

- Emergency can be declared only by President.

- Powers of the President remains the same even

during operation of any emergency. He cannot

function independently. He has to function on the

aid and advice of Central Council of Minister.

- Governor cannot declare emergency.

-During Presidents rule, State Governor on behalf of

President, carries on the state administration with the help

of Chief Secretary of the State or advisors appointed by

the President.

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Pardoning Power of The President (Article 72)

Pardon Commutation Remission Respite Reprive

It completely

absolves the

convict from all

sentences and

punishment by

removing sentence

and conviction

It denotes the

substitution of one

form of punishment to

lighter form. E.g.

Commuting death

sentence to Rigorous

imprisonment

It implies reduction in

the period without

changing its character.

E.g.Rigorous

imprisonment can be

changed to less period of

rigorous imprisonment.

It denotes awarding lesser

sentence in place of one

originally awarded due to

some special facts such as

physical disability of

convict or pregnancy of

women offender.

It implies a stay of the

execution of a sentence

(especially that of death

sentence) for temporary

period.

Comparing pardoning Powers of President and Governor

S.No. President Governor

1. He can pardon, reprieve, respite, remit, suspend or

commute the punishment or sentence of any person

convicted of any offence against a Central Law.

He can pardon, reprieve, respite, remit, suspend or commute the

punishment or sentences of any person convicted of any offence

against a State Law.

2. He can pardon, reprieve, respite, remit, suspend or

commute a death sentence. He is the only authority

to pardon a death sentence.

He cannot pardon a death sentence. Even if a State law

prescribes for death sentence, the power to grant pardon lies

with the President and not the governor. But, the governor can

suspend, remit or commute a death sentence.

3. He can grant pardon, reprieve, respite, suspension,

remission or commutation in respect to punishment

or sentence by a court-martial (military court).

He does not possess any power with respect to court martial.

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Categories of Ministers

Cabinet Ministers Minister of State Deputy Minister

Usually senior and experienced members

of party or parties forming the

Government are appointed by President of

India/Governor as Cabinet Ministers.

These are considered as Junior Ministers and

have less importance compared to Cabinet

Ministers.

They are not given the

independent charge of ministry

or department.

Usually they are given the charge of

important ministry.

They are attached to cabinet ministers or

sometimes given independent charge of some

ministry.

They are attached to the cabinet

ministers or ministers of State to

assist them.

No. of Cabinet Ministers is not fix. Prime

Minister/Chief Minister recommends

Presidents/Governor as per his vision and

requirement of the Government.

No. of ministers is also not fixed. It is decided

by Prime Minister/Chief Minister time to time.

No. of deputy ministers is also

not fix, prime minister/chief

minister appoints them as per

requirement.

Cabinet usually meets once a week only

cabinet ministers takes part in meetings

hence it is also called as cabinet meeting.

Other categories of minister do not take

part in cabinet meeting.

They do not generally, take part in cabinet

meeting. They can do so only on the invitation

of Prime Minister. Even though they do not take

part in cabinet meeting decisions taken by

cabinet are binding on them.

They do not take part in the

meeting of cabinet.

Cabinet plays central part in policy

formulation and decision making.

They implement the decision taken by the

cabinet.

They assist their superior

ministers in their administrative,

political, Parliamentary duties.

Their salaries and allowances are

determined by act of Parliament/State

Legislature.

Their salaries and allowances are similar to

cabinet ministers.

Their salaries and allowances

are usually less than minister of

State.

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Difference between Council of Minister and Cabinet

Council of Ministers Cabinet

It is a bigger body consisting of approximately 60 to 70

ministers.

It is a smaller body consisting of 15 to 20 ministers.

It includes all the three categories of ministers, that is. It includes the cabinet ministers only. Thus, it is a part of the

council of ministers.

It does not meet, as a body, to transact government

business. It has no collective functions.

It meets frequently and usually once in a week to deliberate and

take decisions regarding the transaction of government business.

Thus, it has collective functions.

It is vested with all powers but in theory. It exercises, in practice, the powers of the council of ministers and

thus, acts for the latter.

Its functions are determined by the cabinet. It directs the council of ministers by taking policy decisions which

are binding on all ministers.

It implements the decision taken by the cabinet. It supervises the implementation of its decisions by the council of

ministers.

It is a Constitutional Body, dealt in details by the Articles

74 and 75 of the Constitution. Its size and classification

are, however, not mentioned in the Constitution. Its size is

determined by the Prime Minister according to the

exigencies of the time and requirements of the situation.

Its classification into a three-tier body is based on the

conventions of Parliamentary government as developed

in Britain. It has, however, got a Legislative sanction.

Thus, the Salaries and Allowances act of 1952 defines a

‘minister’ as a ‘member of the council of ministers, by

whatever name called, and includes a deputy minister’.

It was inserted in Article 352 of the Constitution in 1978 by the

44th Constitutional Amendment Act. Now also, Article 352 only

defines the cabinet saying that it is the council consisting of the

prime minister and other ministers of cabinet rank appointed under

Article 75’ and does not describe its powers and functions. In

other words, its role in our politico-administrative system is based

on the conventions of Parliamentary government as developed in

Britain.

It is collectively responsible to the Lower House of the

Parliament.

It enforces the collective responsibility of the council of ministers

to the Lower House of Parliament.

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Comparison of Rajyasabha and Loksabha

Rajyasabha Loksabha

Representation It represents the States of Union of India It represents the citizens of India.

Status

Election

- It is upper house of Indian Parliament.

- Members of Rajyasabha are elected by

members of State Legislative assembly by

proportional representation system.

-Each member has to take oath of the office.

- It is lower house of Indian Parliament.

- Members of Loksabha are elected by the citizens of India

by first past the post system from territorial constituency.

- Each member have to take oath of the office.

Composition 250 (238-Representing State while 12

nominated by President)

552 (550 to be elected from territorial constituencies from

across the nation and 2 members nominated by President

from Anglo Indian Community.

Present

Strength

245 (233 representing States and UT’s of

Delhi and Pondicherry and 12 are nominated

by President.

545 (543 elected by citizens and 2 are nominated by the

President from Anglo Indian Community).

Tenure of the

house

It is permanent house. Each member have 6

years tenure.1/3rd members retires every two

years.

It is non-permanent house i.e. the house is dissolved after

completion of its tenure. The tenure of house and its

members is 5 years.

Reservation There is no reservation for SC’s ST’s in

Rajyasabha.

SC’s and ST’s get reservation for the membership of

Loksabha in proportion of their population.

Qualification - He must be a citizen of India.

- He must be not less than 30 years of age.

- He must be an elector in any of the

Parliamentary constituency in India.

- He must be citizen of India.

- He must not be less than 25 years of age.

- He must be an elector in any of the Parliamentary

Constituency in India.

Special

Powers

- Rajyasabha can authorize Parliament to make

a law on a subject enumerated in the State list

(Article 249)

- It can authorize Parliament to create new All

India Services common to both the Center and

- A money bill can be introduced only in Loksabha.

- Speaker of the Loksabha decides whether particular bill is

money bill or not.

- The speaker of Loksabha presides over the joint sitting of

the Parliament.

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States (Article 312)

- A resolution seeks to remove Vice President

of India who is ex-officio chairman of

Rajyasabha can only be introduced in

Rajyasabha.

- A resolution for discontinuance of national emergency can

be passed only by Loksabha and not by Rajyasabha.

- Confidence motion, no-confidence motion and adjournment

motion can only be introduced in Loksabha.

Presiding

Officer

- Vice President of India is ex-officio

chairman of Rajyasabha.

- Deputy Chairman is elected from among the

members of the house.

- There is no concept of speaker pro-term.

- Both the speaker and deputy speaker are elected from

among the members of the house.

- Speaker pro-term administers the oath of office to the

members of newly elected house.

Comparison of Rajyasabha and State Legislative Council

Points of

Comparison

Rajyasabha State Legislative Council

Representation It represents states of the union in Parliament. It represents various interest groups in that State. E.g.

Graduates, Teachers, Local Bodies etc.

Status It is upper house of Parliament. It is permanent

house i.e. it cannot be dissolved.

It is upper house of State Legislature. It is also permanent

house i.e. It cannot be dissolved.

Constitutional

Provisions

Article 79 to 122

(Same for Rajyasbha and Loksabha)

Existence of this house is guaranteed by the

Constitution.

Article 162 to 212

(Same for Legislative assembly and council)

This house may exist or may not exist in particular State.

It’s existence depends on will of the State Legislative

Assembly. As of 2014 only seven states have the council.

Composition Constitution fixes the strength of Rajyasbha at

maximum 250, 238 representing states and union

territory’s of Delhi and Pondicherry and 12 are

nominated by the President. The present strength

The maximum strength of the council is fixed at one third

of the total strength of the assembly and the minimum

strength is fixed at 40. The minimum strength criteria is

not applicable to J & K. J & K Legislative council has 36

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of Rajyasbha is 245. members. The actual strength of council is fixed by

Parliament.

Election Elections are conducted by Election Commission

of India by using proportional representation

through single transferable vote system.

Elections are conducted by Election Commission of India

by using proportion representation through single

transferable vote system.

Members Members are called Members of Parliament

(MP)

Members are called Members of State Legislative Council

(MLC)

Qualifications 1) He must be citizen of India.

2) He should have completed 30 years of age.

3) He must possess other qualifications

prescribed by Parliament.

1) He must be citizens of India.

2) He should have completed 30 years of age.

3) He must possess other qualifications prescribed by

Parliament.

Presiding

Officer

Vice-President of India is ex-officio, Chairman

of Rajyasbha. It means whoever is Vice

President will automatically become Chairman

of Rajyasabha.

In a state there is no corresponding post to Vice-President.

Hence, Chairman of the Council is elected from amongst

the members of the house.

Power and

functions of

the house

It legislates on subjects mentioned in union list

and concurrent list. It can also authorize

Parliament to legislate on subject in state list in

special cases.

It legislates on the subjects mentioned in the state list and

concurrent list.

Status

compare to

Lower House

The Rajyasabha has equal powers with Loksabha

in all spheres except financial matters and with

regards to the control over Government.

The position of council vis-à-vis the assembly is much

weaker than the position of the Rajyasabha vis-à-vis

Loksabha.

Language in

the house

The constitution has declared Hindi and English

as languages of business in the house. Presiding

Officer can permit a member to speak in his

mother tongue.

The constitution has declared the official languages of the

State or Hindi or English as language of business in the

house. Presiding officer can permit a member to speak in

his mother tongue.

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Comparison of Loksabha and State Legislative Assembly

Loksabha State Legislative Assembly

Representation It represents citizens of entire India It represents citizens of that particular state.

Constitutional

Provisions

Article 79 to 122

(Same for Rajyasabha and Loksabha)

Article 162 to 212

(Same for Legislative Council and Legislative Assembly)

Composition Maximum strength of Loksabha is fixed at 552.

530-Elected from States.

20-Elected from Union Territories.

2-Nominated by President from Anglo-Indian

Community.

- Strength of legislative assembly varies according to its

population. The minimum strength is 60 where as

maximum is 500.

- Governor can nominate one member, Anglo-Indian

community on the Legislative Assembly.

Elections Elections are conducted by Election Commission

of India. Using first past the post system.

Elections are conducted by Election Commission of India.

Using first past the post system.

Manner of

election

Directly elected by people of entire India from

territorial constituency.

Directly elected by the people of State / province from

territorial constituency.

Qualifications

for

membership

1) He must be citizen of India.

2) He must have completed 25 years of age.

3) He should not hold office of profit.

1) He must be citizen of India.

2) He must have completed 25 years of age.

3) He should not hold office of profit.

Members Members are called Member of Parliament (MP) Members are called Member of Legislative Assembly

(MLA)

Presiding

Officer

Presiding Officer is called speaker of the

Loksabha. He is elected from amongst the

members of the house.

Presiding officer is called speaker of the Assembly. He is

elected from amongst the members of the house.

Powers and

Functions

Loksabha legislates on the subject mentioned in

union list and concurrent list. Generally law

enacted by Loksabha on the subject in concurrent

list prevails over law enacted by the State

Legislature.

Assembly Legislates on the subject mentioned in the state

list and concurrent list. Generally law enacted by State

Legislature on the subject in concurrent list takes back

stage to law enacted by Parliament.

Language in The constitution has declared Hindi and English The constitution has declared the official languages of the

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the house as languages of business in the house. Presiding

Officer can permit a member to speak in his

mother tongue.

State or Hindi or English as language of business in the

house. Presiding officer can permit a member to speak in

his mother tongue.

Grounds of Disqualification of members of Parliament and State Legislature

Under provision of Constitution

(Disqualified for being elected as

member of Legislature)

Under Representation of People Act, 1951

(Elected membership is canceled if found

guilty under this act)

On the Ground of Defection (elected

members membership is canceled if

be found guilty under anti-defection

Law 1985)

If he holds any office of profit under

the Union or State Government

(except that of a minister or any

other office exempted by Parliament)

If he is of unsound mind and stands

to be declared by a court

If he is an undischarged insolvent.

If he is not a citizen of India or has

voluntarily acquired the citizenship

of a foreign State or is under any

acknowledgement of allegiance to a

foreign State; and

He must not have been found guilty of

certain election offences or corrupt practices

in the elections.

He must not have been convicted for any

offence resulting in imprisonment for two or

more years. But, the detention of a person

under a preventive detention law is not a

disqualification.

He must not have failed to lodge an account

of his election expenses within the time.

He must not have any interest in government

contracts, works or services.

He must not be a director or managing agent

or hold an office of profit in a corporation in

If he voluntarily gives up the

membership of the political party on

whose ticket he is elected to the House;

If he votes or abstains from voting in

the House contrary to any direction

given by his political party;

If any independently elected member

joins any political party; and

If any nominated member joins any

political party after the expiry of six

months.

Tenth Schedule of the Constitution lays

down the process by which legislator

may be disqualified on the grounds of

defection

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If he is so disqualified under any law

made by Parliament.

which the government has at least 25 per

cent share.

He must not have been dismissed from

government service for corruption or

disloyalty to the State.

He must not have been convicted for

promoting enmity between different groups

or for the offence of bribery.

The question of disqualification is

decided by the President or Governor

of a State on the advice of election

Commission of India.

The question of disqualification under this

category is taken by the President or

Governor of respective State on the advice of

election commission of India.

Any such question is decided by

presiding officer of the house. E.g.

Speaker of Loksabha.

Session of the Legislature:- A Legislative session is the period of time in which a Legislature is convened for the purpose of

law making. It simply means that members of Legislature are sitting together and functioning and doing other Legislative

transactions.

Constitution of India provides that there should be no more than 6 months gap between two sessions of Legislature. Parliament

of India have three sessions annually. It meets for Budget session, monsoon session and winter session. The time period of each

session is decided by the President of India (Governor in case of State Legislature). In addition to normal sessions there can be

extra session of Parliament which are also called/summoned by President. (Governor in case of State Legislature). A session

consists of many sittings.

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Terms Related to Session of Legislature

(Applicable to both Parliament and State Legislature)

Summoning Adjournment Adjournment Sine

Die

Prorogation Dissolution

When President /

Governor call upon

the session of

Parliament State

Legislature it is

called as

Summoning.

Session of

Legislature is

summoned by

President/ Governor

on the aid and

advice of their

respective council

of ministers

An adjournment

suspends the work in

sitting for a specified

time, which may be

hours, days or week.

Presiding officer of the

house gives adjourn-

ment order. At that

time he also specifies

the exact date and time

of next sitting of the

house.

Adjournment of the

house does not affect

the bills or any other

business pending

before the house and

the same can be

summed when the

house meets again.

It means terminating a

sitting of Parliament

for indefinite period

without specifying the

exact time and date of

next sitting.

The power of

adjournment since die

lies with the presiding

officer of the house.

Prorogation means

termination of the session

of the Legislature. When

the business of the

session is completed the

presiding officer declares

the house to be adjourned

since die. After that

President / Governor

prorogue the session of

the Legislature.

It does not affects the bill

pending, reports etc.

before the house.

However all pending

notices (except for

presenting the bills in

hours) lapses on

prorogation and fresh

notices has to be given in

next session.

Dissolution of the house

means the end of the life

of the house.

Rajyasabha at the center

and Legislative Council

(If it exists) at State

Level are permanent

houses. Therefore not

subject to dissolution

only lower house of the

Legislature i.e. Loksabha

and State Legislative

Assembly can be

dissolved.

After house is dissolved

a new house is

constituted after general

election are held.

With the dissolution of

the lower house term of

all of its members also

comes to an end.

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Types of Questions

(Asked during Question Hour)

Point of

Difference

Starred Question Unstarred Question Short Notice Question

Meaning It is a question which requires oral

answer and hence supplementary

question can be asked

Answer to unstarred question is

given in written form and hence

supplementary question cannot be

asked.

A question relating to matter of

urgent public importance may

be asked with notice shorter

than 10 days time. Such

question are answered orally.

Supplementary

Questions

-Supplementary question can be

asked.

- The member who have asked such

can ask two supplementary

questions.

-Speaker or chairman may allow

one member of opposition and One

member of Government side to ask

supplementary if he thinks it

necessary.

- Supplementary questions cannot

be asked.

- Supplementary questions can

be asked.

Limits on

number of

questions

- One member can ask only one

question in one day.

- The total number of starred

question for one day is not more

than 20 questions.

- Maximum 230 questions of this

category are laid on the table of

the house of Loksabha. But no

such number have been fixed for

Rajyasabha but normally it is less

than 200 questions a day.

- Only one such question is

allowed for particular day in the

house.

How questions

are answered

- Presiding officer calls the member

to ask his question. The member

rises to his place and just reads the

- Answers to unstarred question

are laid on the table of house at the

end of Question Hour.

- A member asking such

question has to give brief reason

for asking the question.

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question number. Thereafter

minister replies to the question.

- Only few questions out of

maximum 20 questions are

answered orally due to time limits.

Written answer for the rest of the

starred question is laid on the table

of house by the ministers

concerned.

- Minister concerned can accept

or decline to answer the

question.

- If minister chooses to decline

the answer, presiding officer

may direct that the question may

be placed as first question on the

list of question to be answered

orally after such question satisfy

condition of minimum 10 days

advance notice.

Notice -The member has to submit his

question to the Secretary General of

the concerned house.

- The notice should be given before

10 days and not more than 21 days.

- The member has to submit his

question to the Secretary General

of the concerned house.

- The notice should be given

before not less than 10 days and

not more than 21 days.

- Question may be asked with

notice shorter than 10 days.

NOTE :

- Speaker or Chairman decides the category of the question whether it should be considered starred or unstarred and his

decision is final.

- In addition to above three kinds, a question may be addressed to a private member, provided the subject matter of the

question relates to some bill, resolution or any other matter concerned with the business of the house for which that member

is responsible. No supplementary question can be asked to such question. Similarly no short notice question can be addressed

to private member.

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TYPES OF BILLS

(On the basis of who tables the bill in the house)

Public Bills Private Bills

A Bill introduced by minister is called as Public Bill A bill introduced by any other member of Legislature who is not

a minister is called as private bill. Private member can be from

opposition party or ruling party.

It has greater chances to be approved by Parliament as

Government enjoys the majority support of the house

It has lesser chance to be approved by Parliament. The Rights of

Transgender Persons Bill, 2014 is the only bill that got approval

of Parliament in last 45 years. Only 14 such bills are passed since

independence.

Its rejection in the lower house of the Legislature amounts

to expression of want of Parliamentary confidence in the

Government and may lead to its resignation.

Its rejection by the house has no implication on the

Parliamentary confidence of the Government.

Its introduction in the house requires notice of 7 days Its introduction in the house requires notice of one month.

It is drafted by concerned department in consultation with

Ministry of Law.

Its drafting is the responsibility of the minister concerned.

NOTE :

1) A bill is a proposal for legislation and it becomes an act or law when duly enacted.

2) Both the types of bill i.e. public bill and private members bill are governed by same Legislative procedure and pass through

the same stages in the house.

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Types of Bills

(On the basis of purpose of the bill)

Point of

Difference

Ordinary Bill Money Bill Finance Bill Constitutional Amendment

Bill

Purpose of the

bill

A bill which is

concerned with any

other matter than

finance bill. Money

bill or Constitutional

Amendment Bill is

called as Ordinary

Bill.

Money bill is the bill

that solely concerns

with raising the money

through taxation or

borrowing or any other

means or the

expenditure of the

Government,. It is also a

type of finance bill.

Finance bill apart from

being a money bill may

also have other

provisions. Finance

Bill-I and Finance Bill-

II are two categories of

this kind.

The bill which seeks to

addition, variation/ change or

repeal any provision of the

Constitution is called as

Constitutional Amendment

Bill.

Article -- Article 110 Article 117 Article 368

Introduction in

the house

It can be introduced

in either house of

Parliament i.e.

Loksabha or

Rajyasabha

It can only be

introduced in Loksabha.

Prior approval of the

President is required for

this bill.

Finance Bill-I can be

introduced only in

Loksabha once passed

by Loksabha it becomes

ordinary Bill. Finance

Bill-II is governed by

same procedure that of

ordinary bill.

It can be introduced in either

house of Parliament. State

Legislature cannot initiate

amendment process only

Parliament can amend the

Constitution.

Who can

introduce

Any member of

Parliament i.e.

Minister or Private

Member.


only by Government i.e.

by Minister or Private

Member cannot

introduce this bill.


only by Government i.e.

Minister or Private

Member cannot


Any member of Parliament can


Procedure Both the houses Loksabha have greater Both the houses should Both the house must pass the

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should pass the bill

independently

say in passing money

bill.

pass the bill

independently

bill separately.

Provision of

Joint Sitting

Joint sitting is

possible in case of

deadlock between

two houses of

Parliament.

As Loksabha has

greater say in passage of

bill joint sitting is not

required.

Joint sitting is possible

in case of dead lock

between the house of

Parliaments.

Provision of joint sitting is not

applicable to this bill. Both

houses must pass the bill

separately.

Type of

majority

Simple majority Simple majority Simple majority As necessary simple majority,

special majority or special

majority with consent of half

the States.

Power of

Rajyasabha

Rajyasabha can

reject the bill. But

this power becomes

ineffective due to

provision of joint

session.

Rajyasabhacannot reject

or amend money bill. It

can only make

recommendation. These

recommendations are

not binding on

Loksabha, This means

Rajyasabha have

limited/restricted

powers with respect to

money bill.

Generally Rajyasabha

can reject the bill.

(There are some

exceptions). However

due to provision of joint

sitting, power of

Rajyasabha becomes

ineffective.

Rajyasabha can accept or reject

the amendment bi..Amendment

bill is required to be passed by

both the houses of Parliament

separately. There is no

provision of joint sitting for

amendment bill. It means

Rajyasabha enjoys effective

power with respect to

amendment bill.

Prior approval

of the President

for introduction

in the

Legislature


President not

required.


President is required.

Prior approval required

for Finance Bill-I but

not required for finance

Bill-II. However

Presidents

recommendation is

required for

Prior approval of the President

not required.

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consideration of this bill

in the house.

Assent of the

President

President has

following option-

- Give assent

- Return the bill for

reconsideration of

the Parliament.

- Neither approve

nor reject the bill

He can give his assent

or withhold his assent

but cannot reject. As the

bill is presented prior

consent of the President,

he generally gives his

assent.

He can give his assent

or withhold his assent

but cannot reject. As the

bill is presented prior

consent of the President,

he generally gives his

assent.

President has to give his assent.

He cannot reject or withhold

his assent.

Procedure of Passing a bill in Parliament

Bill can be introduced by minister or private member

Giving notice for introduction of the Bill.

(7 days notice if Government Bill, one month notice if private bill)

Bill can be introduced in either house of Parliament.

(Money Bill and Finance Bill-I can be introduced only in Loksabha and these bills cannot be introduced in Rajyasabha)

Introduction in Loksabha Introduction in Rajyasabha

First Reading, Second Reading, Third Reading in the House. First Reading, Second Reading, Third Reading in the house

If the bill is passed by first house i.e. Loksabha, it will be

sent to second house i.e. Rajyasabha

If the bill is passed in first house i.e. Rajyasbha, it will be sent

to second house i.e. Loksabha.

Bill will be tabled in Rajyasabha. Bill will be tabled in Loksabha.

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First Reading, Seconding Reading, Third Reading in the

Rajyasabha.

First Reading, Second Reading, Third Reading in the

Rajyasabha.

If the bill is also passed by other house i.e. Rajyasabha, it

will be sent to the President for his consent.

If the bill is also passed by other house i.e. Loksabha, it will be

sent to President for his consent.

If the President gives his consent Bill becomes Act.

Then Act is published in Official Gazette and enforced as per the date mentioned.

NOTE -

1) The day of introduction of the bill in the house is decided by speaker/chairman as the case may be.

2) A copy of bill is made available to every member of the house two days prior to its introduction in the house.

READING STAGE :

First Reading :

- After question Hour on the appointed day minister or member concerned tables the bill in the house.

- There is no discussion at this stage. But if the bill is opposed on the basis of jurisdiction / competence of Parliament then

presiding officer may allow discussion. In such situation Attorney General can also take part in discussion.

- There is no restriction on the number of bills to be introduced on particular day or a minister may introduce as many bills as

he wants.

- After introduction of the bill in the house it is published in the Gazette of India.

Secondary Reading :

- The Bill is thoroughly scrutinized and get its final shape.

- In this stage house have following four options :

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1) Referring Bill to select committee (Ad-hoc Committee appointed by the house).

2) Referring Bill to Joint Committee of the Both Houses. (Chairman of joint committee is appointed by presiding

officer of the house where bill was introduced).

3) Circulate the bill for elicit / public opinion.

4) To straightaway take it into consideration.

- If the bill is sent to the select committee, committee considers the bill clause by clause. After finalization committee present

its report to the house.

- The Bill can be circulated for public opinion only on the motion of house. After such motion is duly passed it is published in

official Gazette and also sent to States for their opinion. The time period of receiving opinion of public and other stake

holders is generally specified in the motion itself. These opinions are sent to the committee.

- Once the bill is presented to the house by committee it is discussed clause by clause. Each clause is placed before house

separately for discussion.

- During such discussion amendments to the bill can be moved by members with the permission of presiding officer. If

accepted, amendment becomes the part of the Bill.

Third Reading

- At this stage debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed. Only

verbal, formal and consequential amendments are allowed.

- House finally votes on the bill. If accepted it is sent to other house or President for his assent as the case may be.

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Comparing Legislative procedure in the Parliament and State Legislature

A. With Regard to Ordinary Bills

Parliament State Legislature

It can be introduced in either House of Parliament. It can be introduced in either House of the State Legislature

It can be introduced either by a minister or by a private

member.

It can be introduced either by a minister or by private member.

It passes through first reading, second reading and third

reading in the originating House.

It passes through first reading, second reading and third reading

in the originating House.

It is deemed to have been passed by the Parliament only

when both the Houses have agreed to it, either with or

without amendments.

It is deemed to have been passed by the State Legislature only

when both the Houses have agreed to it, either with or without

amendments.

A deadlock between the two houses takes place when the

second house, rejects the bill or proposes amendments that

are not acceptable to the first House or does not pass the bill

within six months.

A deadlock between the two Houses takes place when the

Legislative Council, after receiving a bill passed by the

Legislative Assembly, rejects the bill or proposes amendments

that are not acceptable to the Legislative Assembly or does not

pass the bill within three months.

The Constitution provides for the mechanism of joint sitting

of two Houses of the Parliament to resolve a deadlock

between them over the passage of a bill.

The Constitution does not provide for the mechanism of joint

sitting of two Houses of the State Legislature to resolve a

deadlock between them over the passage of a bill.

The Loksabha cannot override the Rajyasabha by passing the

bill for the second time and vice versa. A Joint sitting is the

only way to resolve a deadlock between the two Houses.

The Legislative Assembly can override the Legislative council

by passing the bill for the second time and not vice versa.

When a bill is passed by the Assembly for the second time and

transmitted to the Legislative council, if the Legislative council

rejects the bill again, or proposes amendments that are not

acceptable, to the Legislative Assembly, or does not pass the

bill within one month, then the bill is deemed to have been

passed by both the Houses in the form in which it was passed

by the Legislative Assembly for the second time.

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The mechanism of joint sitting for resolving a deadlock

applies to a bill whether originating in the Loksabha or the

Rajyasabha. If a joint sitting is not summoned by the

President, the bill ends and becomes dead.

The mechanism of passing the bill for the second time to

resolve a deadlock applies to a bill originating in the

Legislative Assembly only. When a bill, which has originated

in the Legislative council and sent to the Legislative Assembly,

is rejected by the latter, the bill ends and becomes dead.

B. With Regard to Money Bills

Parliament State Legislature

It can be introduced only in the Loksabha and not in the

Rajyasabha.

It can be introduced only in the Legislative Assembly and not

in the Legislative Council

It can be introduced only on the recommendation of the

President.

It can be introduced only on the recommendation of the

governor.

It can be introduced only by a minister and not by a private

member.

It can be introduced only by a minister and not by a private

member.

It cannot be rejected or amended by the Rajyasabha. It should

be returned to the Loksabha within 14 days, either with or

without recommendations.

It cannot be rejected or amended by the Legislative council. It

should be returned to the Legislative Assembly within 14 days,

either with or without amendments.

The Loksabha can either accept or reject all or any of the

recommendations of the Rajyasabha.

The Legislative Assembly can either accept or reject all or any

of the recommendations of the Legislative council.

If the Loksabha accepts any recommendation, the bill is then

deemed to have been passed by both the Houses in the

modified form.

If the Legislative Assembly accepts any recommendations, the

bill is then deemed to have been passed by both the Houses in

the modified form.

If the Loksabha does not accept any recommendation, the bill

is then deemed to have been passed by both the Houses in the

form originally passed by the Loksabha without any change.

If the Legislative Assembly does not accept any

recommendation, the bill is then deemed to have been passed

by both the Houses in the form originally passed by the

Legislative Assembly without any change.

If the Rajyasabha does not return the bill to the Loksabha

within 14 days, the bill is deemed to have been passed by

both the Houses at the expiration of the said period in the

If the Legislative council does not return the bill to the

Legislative Assembly within 14 days, the bill is deemed to have

been passed by both the Houses at the expiration of said period

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form originally passed by the Loksabha. in the form originally passed by the Legislative Assembly.

The Constitution does not provide for the resolution of any

deadlock between the two houses This is because, the will of

the Loksabha is made to prevail over that of the Rajyasabha,

if the latter does not agree to the bill passed by the former.

The Constitution does not provide for the resolution of any

deadlock between the two Houses. This is because, the will of

the Legislative Assembly is made to prevail over that of

Legislative Council, if the latter does not agree to the bill

passed by the former.

Types of Expenditure

Expenditure charged upon consolidated Fund of India Expenditure made from consolidated Fund of India

It is the expenditure which Parliament has to make.

Parliament cannot vote on this expenditure. However

discussion on this expenditure is possible.

It is an expenditure for which prior approval of the Parliament

is necessary. Without approval of the Parliament not a single

penny can be spent.

Emoluments, salaries allowances and other expenditures of

the following as the case may be, is charged expenditure.

- President and Vice President.

- Speaker, Deputy Speaker of Loksabha and Deputy

Chairman of Rajyasabha.

- Judges of Supreme Court.

-Pensions of Judges of High Court.

-CAG, UPSC,

-Interest charges of the debt.

Voting as well as discussion takes place for this kind of

expenditure.

These are the charges which essentially have to be paid by the

Government. These expenditure have to be paid whether

Budget is passed or not in the Parliament.

All demand for grants including Budget are expenditure made,

hence discussed and voted in Parliament.

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Types of Funds

Consolidated Fund of India Public Account of India Contingency Fund of India

Article Article 266(1) Article 266(2) Article 267

Source All the revenue received by

Government of India, Loan

received, repayment of loan given

or interest on such loan. Profit

earned from PSUS, aid received is

credited to consolidated fund of

India.

All other public money which is

not credited to consolidated fund

of India shall go to public account.

It includes, provident fund

deposits, judicial deposits, saving

deposits, departmental deposits.

This fund is created specifically to

enable Government to spend money

in the situation of emergency because

no amount can be withdrawn from

consolidated fund without approval of

Parliament, which is time consuming

process. So Parliament set aside some

fund for contingency.

Controlling

Authority

Parliament Executive i.e. Government Held by finance secretary on behalf of

President

Method of

taking

money out

of the fund

No money can be withdrawn from

this fund except authorization of

Parliament. It means a appropriation

bill has to be passed by Parliament

for disbursement of money from

this fund.

This account is operated by

executive action i.e. the payment

from this account can be made by

executive directions.

This fund is placed at the disposal of

the President and he can make

advances out of it. Later

Parliamentary approval is taken for

the expenditure made from this

account.

Audit Audited by Comptroller and

Auditor General of India

-- Audited by Comptroller and Auditor

General of India.

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Types of Committees

(On the basis of their period of existence)

Standing Committees Ad-hoc Committees

The standing committees are constituted every year. Ad-hoc committees are temporary and created for specific task.

They work on continuous basis. Once the task at their hand is completed they cease to exist.

There are three financial committees and 24 departmental

standing committees which falls in the category of standing

committee.

E.g. Public Accounts Committee.

Ad-hoc committees include the enquiry committees, joint

committees and select committees etc.

E.g. Joint Parliamentary Committee on 2G Scan.

Each house have standing committees of their own. Each house can also have Ad-hoc committees of their own.

Generally members are nominated by speaker and chairman

from their respective houses except for financial

committees.

Members are nominated by speaker and chairman from

respective house of Parliament.

Types of Committees

(On the basis of their composition)

Select Committee Joint Committee

All the members come from particular house. Members of Joint Committee come from both the houses of

Parliament generally 2:1 ratio of Loksabha and Rajyasabha.

Speaker or chairman as the case may be nominates the

members of select committee and Chairman.

Members are nominated by speaker and chairman from

their respective houses.

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Important Financial Committees

Point of

Difference

Public Accounts Committee Estimates Committee(Continuous

Economy Committee)

Committee on Public Undertaking

Origin Established in 1921 under

provisions of Government of

India Act,1919

It also has its origin in Government

of India Act, 1919. However this

Committee was set upon the

recommendation of finance minister

of that time John Mathai in the year

1950.

It was created in the year 1964 on the

recommendation of Krishna Menon

Committee.

Term 1 Year 1 Year 1 Year

Composition Seven members are from

Rajyasabha fifteen members are

from Loksabha.

All 30 members are from Loksabha.

Rajyasabha do not have

representation in Estimates

Committees.

Seven members are from Rajyasabha

and Fifteen members are from

Loksabha.

Membership Members are elected from

respective house.

Members are elected from respective

house.

Members are elected from respective

house.

Chairman As a matter of practice, since

1967, a member from opposition

party is appointed as chairman

by the speaker of the Loksabha.

The chairman of the committee is

appointed by the speaker of the

Loksabha and he is invariably from

the ruling party.

A member from Loksabha is

appointed as chairman by the speaker.

Member from Rajyasabha cannot

become Chairman.

Function It examines the annual audit

report of CAG, which are laid

before the Parliament. It

examines public expenditure

from legal, formal point of view,

economy, prudence etc.

It examines the estimates included in

the budget and suggest economies in

public expenditure.

It examines the report of CAG

regarding public sector undertakings.

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Procedure of Removal of Judge of Supreme Court (Article 124(4))

(Under Judges Enquiry Act, 1968)

Judge of Supreme Court can only be removed on the grounds of proved misbehavior or incapacity.

A motion seeks to remove judge can be presented in either house of Parliament

(State Legislatures have no role in the removal process of judges of either supreme court or high court)

Such removal motion shall be signed by 100 members if it is introduced in Loksabha or 50 members in case of Rajyasabha.

The Speaker or Chairman, as the case may be, may admit or refuse to admit the motion.

If admitted the speaker / chairman will appoint a committee comprising of (a) Chief justice or a judge of Supreme Court, (b)

Chief Justice of a high court and (c) a distinguished jurist, to investigate the charges on the judge.

The Committee should submit its report to the house which appointed such committee. The report is also shared with other

house. However recommendation of such committee is not binding on the Parliament.

The motion, if taken for consideration by the house, has to be passed by special majority.

If the bill is passed it is sent to second house for their consideration.

(Such motion must be passed by both houses separately with special majority. There is no provision of joint sitting.)

If, the other house also passes the motion with special majority, then it is addressed to the President.

Finally President passes the order to remove removing judge.

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Note :

1. So far no judge is removed from his post.

2. Procedure for removal of judge of high court is same as that of judge of Supreme Court.

3. State Government or State Legislature have no role either in appointment or removal of judges of supreme court or high

court.

Difference Between

Panchayat Raj System Urban Local Bodies

Panchayat Raj is Local Self Government in the rural areas. It is a local self Government in the urban areas.

It is based on 73rd Amendment Act. It is based on 74th Amendment Act.

Panchayat Raj is a hierarchical system. It means

ZilhaParishad controls the PanchyatSamiti and

PanchyatSamiti in turn controls the Gram Panchayats.

Urban Local Bodies consist of three types i.e. Municipal

Corporations. Municipal Council and Nagar Panchayat. These

bodies are independent of each other. They do not control each

other.

In Panchayat Raj System Gramsabha is the institution

through which people have direct participation in the local

government.

In the urban Local bodies no system such as Gramsabha exist to

ensure direct participation of people in the decision making.

District is nodal point of planning and decisions making.

For development of entire district a district planning

committee is established.

The urban local bodies are nodal point for planning and

development. Smaller local bodies are given representation in

district planning committee. But for larger metropolitan areas

metropolitan planning Committee is established.

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Types of Organization / Bodies

Constitutional Bodies Statutory Executive Bodies

These bodies are established on the

basis of provision of the Constitution

These are also called extra-Constitutional

or non-Constitutional Bodies

These are also called extra Constitutional

or non-Constitutional Bodies.

E.g. - Election Commission of India

- Election Commission of State.

- Union and State Public Service

Commissions.

These bodies are established on the basis

of provision of law enacted by the

Legislature.

These bodies are established by an

executive order of the ministry of the

Union or State.

These bodies are independent i.e.

Government cannot interfere in their

functioning.

E.g.-National Commission for Women.

-National Human Rights Commission.

NITI Aayog.

Their existence is guaranteed by the

Constitution.

These bodies are also independent.

Government cannot interfere, but

Government can bring change in this

bodies by making changes in the Statute.

UIDAI (now statutory body)

Expenditure of these bodies is changed

upon consolidated fund i.e. Parliament

has to give these expenses.

Their existence is guaranteed by statute.

But changes can be made easily through

change in law.

These bodies function directly under

concerned ministry, changes in such

bodies can be made by executive order.

Expenditure of these bodies is made from

consolidated fund of India. These

expenses are votable in Parliament.

Their existence is not guaranteed. Such

bodies can be dismantled by simple

executive order.

Expenditure of these bodies is made out

of consolidated fund of India. These

expenses are votable in Parliament.

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Comparison of Constitutional Bodies

Power of

Comparison

Election Commission CAG Finance Commission

Constitutional

Provision

Article 324 Article 148 Article 280

Composition The Election Commission shall

consist of the Chief Election

Commissioner and such

member of other election

Commissioner if any, as the

President may from time to

time fix. As of now (2018),

there is Chief Election

Commissioner and two other

Commissioner.

The CAG is appointed by

President of India. CAG is head

of the body which is named

after its head, i.e. Comptroller

and Auditor General of India.

Chairman and four other members of

Finance Commission are appointed by the

President.

Tenure Election Commissioner holds

office for the term of six years

or until they attain the age of 65

years, whichever is earlier.

CAG holds office for the term

of six years or until they attain

the age of 65 years, whichever

is earlier.

The Chairman and members of Finance

Commission do not have fix tenure. It is

Ad-hoc body. Commission cease to exist

once it completes its task and so are the

members.

Removal of

the Chairman

and Members

Chairman and members can be

removed by President in the

same manner as the Judge of

the Supreme Court.

Chairman and members can be

removed by President in the

same manner as that Judge of

the Supreme Court.

The Chairman or member of Finance

Commission can be removed by

President.

Important

Functions

- Conducting, regulating and

control of the election for

President, Vice-President,

Parliament and State

- Basically CAG audits all the

expenditure made from

consolidated funds, Public

Account and contingency funds

-The distribution of net proceeds of taxes

to be spared between center and state and

allocation between states.

- The Principle that should govern grant in

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Legislature.

- Regulating political parties.

- Advising President and

Governor on the question of

disqualification of members of

Parliament or State Legislature

as the case may be, etc.

of India and of States.

- He also audits accounts of

PSU’s.

- He acts as a friend,

philosopher and guide of Public

Accounts Committee of the

Parliament.

aid to the states by the center.

- Any other matter referred to it by the

President.

Point to be

remembered

- Chief Election Commissioner

and other Commissioner

enjoysequal power and salaries.

- Constitution do not specify the

qualifications of Chief Election

Commissioner or other

Commissioner.

- CAG is chief of Audit and

Accounts Department.

- He is Guardian of Public

purse. Dr. B. R. Ambedkar

called him most important

Officer under Constitution.

- He is not eligible for

reappointment.

- Finance Commission submits its report

to President.

- However recommendation of the

Commission are not binding on the

President.

- Chairman or members are eligible for re-

appointment.

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Types of Elections

General election By Election Mid-Term Polls/Election

When the elections are held for all the

constituencies for particular political

system it is called as General Election.

When elections are held for one or few

constituency of any political system, it

will be called as a by election.

When Loksabha or Legislative Assembly

is dissolved before completion of the

tenure of house, the elections are held for

all the constituencies for the particular

house, it is called as midterm polls.

When the election for all seats of

Loksabha will be conducted it will be

general election of India.

When election is held for one or few

seats of Loksabha, it will be called as

Loksabha by elections.

The midterm polls of Loksabha were held

in the year 1980, 1991, 1996, 1998, 1999

etc. as the Loksabha was dissolved before

completion of their respective term.

When election will be held for all the

constituencies of State Legislative

Assembly of any State, it will be

General Elections of that particular

State.

By elections are held when any seat

falls vacant due to resignation, death or

removal of any seat of the Loksabha or

State Legislative Assembly. Such

election is held within 6 months of

occurrence of such vacancy.

Midterm polls held after dissolution of the

Loksabha or State Legislative Assembly

as the case may be.

General elections are held after

completion of tenure of the house. In

India tenure of lower house of the

Legislature is 5 years.

The representative elected in by election

is elected for the remaining period of

the house and not for five years.

The tenure of the house created after

midterm polls is full term of five years.

The tenure of the house created after

General election is five years.

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Categories of Civil Services

All India Service (Article 309) Central Service (Article 309) State Service (Article 309)

Meaning The members of these services are

recruited by the center, but their

services are placed under various

State cadres and they have the

liability to serve both under the

State and under the Center.

The members of these services are

recruited by the center and their

services are also placed under

Central Government.

The members of these services are

recruited by the States and their

services are also placed under State

Government.

Example There are only 3 All India

Services- Indian Administrative

Service. Indian Police Service.

Indian Forest Services.

There are multiple Central

Services- Indian Revenue Service.

Indian Postal Service. Indian

Railway Service etc.

There are multiple State Services-

Deputy Collector, Tehsildar, Deputy

Superintendent of Police. etc.

Recruitment By UPSC By UPSC By State Public Service Commission

Appointment

& Training

By Union Government i.e. by

President of India

By Union Government i.e. by

President of India.

By State Government i.e. by

Governor of State.

Temporary

Control

State Government if placed under

State Government or Central

Government if placed under

Central Government.

Central Government State Government.

Final/Ultimat

e Control

Central Government only

President can remove a person

from his service.

Central Government only

President can remove a person

from his service.

State Government - Governor of the

State can remove a person from his

service.

Posting Members can be posed anywhere

in India. They are given cadres

after appointment.

Members can be posted anywhere

in India under Central

Government.

Members are posted only within

their states.

Creation of

New Service

A new All India Service can be

created by Parliament only by the

authorization of Rajyasabha.

It can be created by Parliament. It can be created by State

Legislature.

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Comparison of Public Service Commissions

Point of

Comparison

UPSC State Public Service

Commission(SPSC)

Joint Public Service Commission

(JPSC)

Constitutional

Provision

Article 315 to 323 Article 315 to 323 Article 315 to 323

Composition The Chairman and members are

appointed by President.

However constitution does not

fix the strength. The matter is

left to the discretion of the

President. Usually Commission

consist of 9 to 11 members

including Chairman.

The Chairman and members are

appointed by the Governor of the

state. However constitution does not

fix the strength of the commission.

The matter is left to the discretion of

the Governor.

The Chairman and members are

appointed by President. However

constitution does not fix the

strength. The matter is left to the

discretion of the President.

Qualifications No qualifications are prescribed

for commissions membership

except that one-half of the

members of the commission

should have held office for at

least 10 years either under

Government of India or

Government of State.

No qualifications are prescribed for

commissions membership except that

one-half of the members of the

commission should have held office

for at least 10 years either under

Government of India or Government

of State.

No qualifications are prescribed for

commissions membership except

that one-half of the members of the

commission should have held office

for at least 10 years either under

Government of India or


Appointment By the President of India. By the Governor of respective State By the President of India.

Tenure/Term - Chairman and member holds

the office for the term of 6 years

or 65 years of age, whichever is

earlier.

- Member of UPSC can only be

appointed as Chairman of

- Chairman and members hold the

office for the term of 6 years or 62

years of age, whichever is earlier.

- A member of SPSC can only be

reappointed as Chairman of SPSC or

member or Chairman of UPSC.

- Chairman and members holds the

office for the term of 6 years or 62

years of age, whichever is earlier.

- A member of JPSC can only be

reappointed as Chairman of JPSC or

member or Chairman of UPSC.,

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UPSC, further he is not eligible

for any office under

Government of Union or


- Chairman is not eligible for

any appointment after end of his

tenure.

Further he is not eligible for any

office under Government of Union or


- Chairman of SPSC can be appointed

as Chairman or Member of UPSC but

not to any other office.

further he is not eligible for any

office under Government of Union

or Government of State.

- Chairman of JPSC can be

appointed as Chairman or Member

of UPSC but not too any other

office.

Removal Chairman or member can be

removed on the grounds of

insolvency, holding any other

office of profit, interiority of

mind or body, or misbehavior.

The decision of removal is taken

by the President on the

recommendation of committee

of Supreme Court constituted by

him for enquiry.

Recommendation of such

committee are binding on the

President.

Chairman or member can be removed

on the ground of insolvency, holding

any other office of profit, interiority

of mind or body, or misbehavior. The

decision of removal is taken by the

President on the recommendation of

Committee of Supreme Court

constituted by him for enquiry.

Recommendation of such committee

are binding on the President.

It is to be noted that though a member

and Chairman of state public service

commission is appointed by Governor

only President has powers to remove

him from his office.

Chairman or member can be

removed on the ground of

insolvency, holding any other office

of profit, inferiority of mind or

body, or misbehavior. The decision

of removal is taken by the President

on the recommendation of

Committee of Supreme Court

constituted by him for enquiry.

Recommendation of such

committee are binding on the

President.

Important

Function

- It conducts examination for

appointment to the All India

Services, Central Services and

Public Services of Union

Territories.

- It serves all or any of the need

of the state on the request of

- It conducts examination for

appointment to the state services.

- Commission is also consulted by

State Government on the matter

related to personnel management.

- It conducts common examination

for appointment to the state service

for two or more states for which

such Joint Commission is

established.

- It is consulted by such State

Governments on the matter of

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Governor and with the approval

of President.

- The commission is also

consulted by Government on

matters related to personnel

management.

personnel management of such

state.

NOTE :When legislature of two or more states requests. Joint Public Service Commission is established by President under Law

passed by Parliament.

Comparison of Planning Commission and NITI Aayog

Point of

Difference

Planning Commission NITI Aayog

Status Neither constitutional nor statutory body. Neither constitutional nor statutory body.

Establishment Established by executive order on 15th March 1950 Established by executive order on 1st January 2015.

Chairman Prime Minister is ex-officio Chairman. Prime Minister is ex-officio Chairman.

Deputy

Chairman

Appointed by the Prime Minister. Appointed by the Prime Minister.

Composition Structure was not fixed. It consisted of 4 to 7 full

time member and finance minister and minister of

planning as ex-officio members. It did not had

special invitees.

Structure is not fixed. Usually it consists of 12 full time

members, 2 part time members who must be specialists,

four Union Ministers and Special Invitees. All of the

above are appointed or nominated as the case may be, by

Prime Minister.

Function - It was advisory body.

- It use to formulate five year plan for entire

country.

- It is also as advisory body.

- NITI Aayog is essentially a think tank and truly

advisory body.

RK IAS Academy


- Planning Commission had powers to allocate

funds to ministries and states.

- NITI Aayog have no role in allocation of funds. This

function is now of Finance Ministry.

Role of States - States had limited role in Planning Commission

era.

- States were not consulted while formulation of

five years plan.

- States were consulted when plan was submitted

National Development Council for approval.

- Planning Commission worked on Top-down

approach and one size fits all approach i.e. it did

not take in to consideration requirement of states

while formulating the plan. Commission to get

their annual plans approved.

- It represents non-federal feature as states were

having very limited role.

- States have important role in NITI Aayog.

- States are consulted while formulating any strategy or

plan.

- States are part of policy or strategy formulation from

the beginning.

- NITI Aayog works on the principle of Bottom Up

approach. It takes the requirement of states into

consideration at every state of policy formulation. It also

has the provision for regional councils of NITI Aayog

for region specific needs.

- States do not require to go to NITI Aayog for grants.

They now directly seeks the grant from finance ministry.

- NITI Aayog works on the principle of Co-operative

Federalism.

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