The Constitution of India in a succinct and simplified Language.

Preamble Preamble: We the people of India constitute ourselves a Socialist, Secular and Sovereign

Democratic Republic.

Socialist: The means of production, distribution and exchange are controlled by the community. The allocation of resources is based on an individual’s capacity to contribute.

Secular: All religions are equal and anyone may profess any religion he feels like.

Sovereign: India is independent from any foreign control and has the supreme authority over the territory.

Democracy: People have the power to participate in the government either directly or through representatives. The pure meaning of democracy gives majority complete power to rule to the liking of the majority. The minority interests may not be taken into consideration

Republic: People are empowered, There is no monarch and there is a constitution which protects the interests of minorities among its other functions.

All Indian citizens are secured with Justice, Equality, Liberty and Fraternity

Justice: Socio, Economic and Political

Liberty: Freedom of thought, Expression, Faith and Belief

Equality: Status and Opportunity

Fraternity: Assuring dignity of individual and maintaining unity and integrity of the nation

Constitution was initially adopted on the 26th of November 1949, National Law day

The date of 26th of January was to commemorate the poorna swaraj independence ( 26th jan 1930)

It replaced the government of India act of 1935

Socialist and Secular were added on 1976 – Mini constitution

Constitutional Autochthony was attained by repealing the India Independence Act. 1947 which was supposed to serve as a temporary constitution until India and Pakistan formed their own.

Prime Architect was B.R Ambedkar

The constitution of India has 25 parts, 448 articles, 12 schedules, 98 amendments and 5 Appendices

The PartsEasy way to remember the name of the parts:

1) United Citizen fund of Dpsp FunDu has US SUPporting the Municipal CoSTing (1 – 10)2) RUSsian Finproconts have Tracit SUUST for ESPOLEP (11 – 18)3) MAC TTS STATCH (19-22)

Part 1 – Union and Its territory

Part 2 – Citizenship

Part 3 – Fundamental Rights

Part 4 - Directive principles of state policy

Part 4A – Fundamental Duties

Part 5- The Union

Part 6 – The State

Part 7 – State (repealed)

Part 8 – Union Territories

Part 9 – The Panchayats

Part 9A- The Municipality

Part 9B – Co-operative societies

Part 10 – The Scheduled and Tribal Areas

Part 11 – Relation between Union and States

Part 12 – Finance, Property, Contracts and Suits

Part 13 – Trade and Commerce

Part 14 – Services under the Union and States

Part 14A- Tribunals

Part 15 – Elections

Part 16 – Special Provisions for certain classes

Part 17 – Official Language

Part 18 – Emergency Provisions

Part 19 – Miscellaneous

Part 20 – Constitutional Amendments Part 21 – Temporary, Transitional and Special Provisions,

Part 22 – Short title, Date of commencement, Authoritative text in Hindi etc.

Amendments to the constitution

Part 1 – Art(1-4) – Union and its territories

Article 1

India or Bharat is a union of states List of States and UTs in the first schedule India shall comprise of States and UTs and other territories which may be acquired

Article 2

Parliament may establish or admit new states into the union as it thinks fit

Article 3

Parliament may form new states by breaking existing states or joining 2 or more states Increase the boundary of any state Decrease the boundary of any state Alter the boundary of any state Alter the name of any state Parliament may introduce the bill only the recommendation of the president President will refer the bill for the opinion of the respective state to its respective state

legislature

Article 4

Any law relating to Article 2 or 3 will have to provide provision for amending the 1st and 4th schedule which are the list of states and number seats of house of council representatives from the states respectively.

Any law passed under this article need not be considered as an amendment to the constitution under article 368

Part 2 – Art (5 -11) – Citizenship

Article 5 – Anybody who has his domicile in India and has been born in India or his parents have been born in India or has been a resident of India for at least 5 years IS a citizen of India before the commencement of the constitution

Article 6 – Anybody who has migrated from the region of Pakistan will be considered a citizen of India if

If his parents or grandparents were born in India according to the Govt. of India act 1935 And has migrated before 19th July 1948 Or Migrated after the 19th July 1948 but has been registered by an officer of the govt. before

the commencement of the constitution Has been a resident of India for at least 6 months before making such an application So technically anyone who has migrated after 26th July 1949 has no chance ?

Article 7 – Anyone who has migrated from India to Pakistan after 1st March 1947 shall now be deemed not to be a citizen of India. But anyone who has returned for permanent resettlement shall be considered to have migrated after 19th July 1948.

Article 8 – Any person whose Grandparents or parents were born in India (Acc to the Govt. of India act 1935) but he was born outside of India shall be considered a citizen of India , provided he applies at the respective consulate or embassy.

Article 9 – If the above person has voluntarily taken up foreign citizenship, he will not be a citizen of India.

Article 10 – Any person, who is a citizen of India according to the forgone articles, will continue to be a citizen of India subject to provisions made by the parliament.

Article 11 – The parliament has the powers to make any provision for the acquisition or termination of citizenship and all other matters relating to citizenship.

Part 3 – Art (12 – 35) – Fundamental Rights

(EqFEX RelECREM – LDEUT – FOLED )

Article 12 – In this part unless otherwise stated , “the state” means central and state governments including UTs

Article 13 – Any existing laws before the commencement of the constitution which are in contrary to the provisions of this part shall be deemed void

State shall not make any law which takes away the rights conferred in this part and if it is made it shall be deemed void

Law can mean ordinance, order, bye law, regulation , notification etc. or any existing laws which have not been repealed

Nothing in this article shall apply to any amendment under article 368

Article 14 – State shall not deny to any person equality before law and equal protection before law anywhere in the territory

Article 15 – No discrimination in India plz, and no discrimination with respect to public places , but special provisions can be made for women and children

Article 16 – Equality in public employment, reservation for backward classes, vacant reservations can be taken up next year with a ceiling of 50% reservation. Law can be there for any officer dealing with religious affairs to be of that religion etc.

Article 17 – Untouchability is abolished and will be considered as an offence

Article 18 – No title apart from military or academic shall be conferred by the state

No citizen of India shall accept titles from foreign entity , but like shahrukh khan he can accept the award but not use title it in India, he may use it in that country

A person who is not a citizen of India but in public office cannot accept title without the consent of the president

No person who holds public office can accept emoluments, presents etc. from foreign entities without the permission of the president.

Article 19 – FAURSP

Freedom of speech and expression Assemble peacefully without arms Unions and Associations formations Roam around entire territory of India Settle and reside in any part of the territory Practice any profession or trade ( but he has to be qualified as set by law )

Article 20 –

No person shall be convicted for an offence other than that of the violation of the existing law at that time or be punished greater than what the law stipulates.

No person shall be convicted for the same offence more than once No person accused of an offence shall be forced to be a witness against himself.

Article 21 – No person shall be deprived of his personal liberty or life according to the law established.

Article 21A – Onus on state to provide free and compulsory education to children between the ages of 6 and 14

Article 22 –

No person who is arrested shall be detained in custody without being informed the offence and or be denied the right to counsel.

Every person who is arrested shall be brought in front the nearest magistrate within a period of 24 hours of the arrest without including the travel time. Detention can be extended only with the permission of the magistrate.

But the above clause need not apply to any one who is an enemy alien, arrested under preventive detention

Preventive detention can be initially for a max of 3 months, but extended by an advisory board that are constituted of the people who are eligible to be HC Judges. The max period of the persons detention can be decided by the parliament

Parliament can provide for the laws which can alter the initial max detention period without the advice of the Advisory board, provide what the max total time of detention is , the procedure for the advisory board

Article 23 – Trafficking of human beings is illegal , Begging is illegal and Govt can impose compulsory public service without any discrimination.

Article 24 – No person below the age of 14 shall be forced to work.

Article 25 – Subject to public order, morality and health

Freedom of conscience and Freedom of religion Laws can regulate Financial, Economic and Political activities which are related to religious

activities Social welfare and Reform and throwing open Hindi institutes of public character to all

sections of Hindus, Hindus referred include Sikhs, Jains and Buddhists.

Article 26 – Subject to public order, morality and health a religious denomination (subgroup)

Build and maintain institutions for religious & charitable purposes Manage its own affairs internally Acquire and own movable and immovable property Administer such property in accordance with the law

Article 27 – No tax for religious purposes yo ! “ Promotion and Maintenance of Religious denomination or Religion”

Article 28 – No religious instruction shall be provided in any education institute which wholly maintained out of state funds. But if a EI is administered by the state but has been established under

the endowment or trust which requires RI, then it is fine. Nobody child will be forced to attend religious instruction

Article 29 – Every citizen has the right to conserve his culture, language or script. Nobody will be denied admission in public or public funded institutes based religion, race, caste, language or any of them

Article 30 – All minorities based on religion or language will have the right to establish and administer educational institutes

In case a compulsory acquisition of land is required for the above then , the state has to ensure that the amount fixed is not in abrogation or restrict the above clause

The state shall not discriminate the minority institution when it comes to granting of aid

Article 31 – Compensation for Acquisition of land – Repealed

Article 31A – It means that the Govt can usurp any land for the greater public good etc. unless the land is for personal living means and is below ceiling limit, then the compensation has to be for the market rate. Irrespective of fundamental rights etc

Article 31B – It means any law in 9 the schedule is free from judicial scrutiny and also has retroactive effect. Basically for land reforms, but the SC has ruled that any law added in the 9 th schedule after apr 24th 1973 will be under judicial scrutiny.

Article 31C – It basically says that any law for the DPSP cannot be void if it infringes fundamental rights – which was kind of accepted by courts , but the 2nd part which said that it is immune from judicial review was struck down by the courts.

Article 32 – If any of the rights in this part have been infringed , the person can move the supreme court for his guaranteed relief through habeas corpus, mandamus, certiorari, prohibito, quo warranto.

Article 33 – The parliament may by law determine the application of these rights to

Armed forces Forces to maintain public order Intelligence Telecommunications

Article 34 – During martial law, the parliament by law allow certain person(s) like police, army etc to get away with infringing upon fundamental rights if it was done to maintain or restore order during that period and not face punishment for doing so.

Article 35 – Parliament make laws for this part where asked, make punishment laws for this part where asked and if any law relating to this part are pre-existing before the commencement of this constitution, they will continue to exist if not repealed or amended.

Part 4 – Art (36-51) – Directive principles of state policy

Article 36 – The state has the same meaning as in Part 3

Article 37 – The provisions in this part are not enforceable by any court, but these provisions are to guide legislatures for making of laws.

Article 38 – State shall strive to promote welfare of people to achieve social order though socio, political and economic justice. Strive to minimize inequalities in income, status and opportunity.

Article 39 – Policy making will strive towards – AL OCR CoWP EP SHA COFY

Provide Adequate means of living for all men and women Ownership and control of resources should done in terms of common good Economic system in which control of wealth and means of production are not concentrated Equal pay for equal work between genders Strength and Health of workers not Abused Children provided opportunities and facilities to grow and protection of youth from

exploitation

Article 39A – Equality in terms justice provided to individuals. Free legal aid to be provided

Article 40 – Establish Village Panchayats and empower them for self-governance

Article 41 – State shall within economic capacity make provision for right to work and right to education, Public assistance in case of unemployment, disabilities and sickness etc.

Article 42- Make provision for humane conditions of work and maternity relief

Article 43 – State shall through the suitable legislation or economic organisation or whichever way ensure a decent living wage, work conditions, good standard of life, leisure, social and cultural opportunities. Also, promotion of cottage industries in rural areas

Article 43A – Secure participation of workers in Management of organizations

Article 44 – Endeavour to provide uniform civil code across the territory of India

Article 45 – Within 10 years of the commencement of the constitution, free and compulsory educations for children below 14 years should be provided.

Article 46 – With special care, educational and economic interests of SC/ST should be promoted, Also protection from exploitations.

Article 47 – State shall raise the level of nutrition, standard of living and public health, Also, shall bring about prohibition of consumption intoxicating drinks or drugs which are injurious to health.

Article 48 – Organize agriculture and animal husbandry on modern and scientific lines. Also, prohibit the slaughter of cows etc.

Article 48A – Improve environment and safeguard the forests and wild life

Article 49 – Protection of monuments, heritages, historic and artistic interests etc.

Article 50 – State shall take steps to separate the judiciary from the executive in the public services of the state.

Article 51 –

Promote international peace Just and honourable relations with other nations Respect for international law and treaty obligations Encourage settlement of international disputes through arbitration

Part 4A – Art(51A) – Fundamental Duties

Article 51A – ConFANI SUIDE HARBOR CHEN SISTR Protect Excellence in PG

Abide by the Constitution, Respect National Flag and Anthem Cherish and Follow Noble ideals which inspired our struggle for freedom Uphold the Sovereignty, Unity and Integrity of the nation Defend the country when called up to do so Promote Harmony and Brotherhood amongst all the people in India Preserve and value culture and heritage Protect and improve the environment Develop Spirit of Inquiry, Scientific Temper and Reform Protect public property and abjure violence Strive towards excellence in all spheres Parents and Guardians of children need to provide sufficient opportunity for education

between the age of 6 to 14

Part 5 – Art(52-151) – The Union

Chapter 1 – The Executive (52-78)

Article 52 – There shall be a president of India

Article 53 – The Executive power of India is vested in the President and shall be exercised by him directly or his subordinates

The President is the supreme command of the Defence Forces Nothing in this Article shall be deemed to transfer to the president any functions conferred

by existing laws on the Government of state or any other authority Parliament has the power to confer by law functions to authorities other than the President

Article 54 – President shall be elected by the Electoral College consisting of

Both the houses of Parliament Elected members of the legislatives of assemblies of state (Not the council)

Article 55 – Election of the President

Through Example

A state has 10,00,000 people and 60 seats in LA. So worth of each individual LA vote is 10,00,000/(60*1000) = Rounded up we get 16.67 = 17 votes/MLA

Again if all votes of MLAs across the country 10,000 and there are 776 MPs in both houses, value of each MPs vote is 12.89 rounded up to 13.

Voting is done by Single Transferable vote – Proportional System.

Article 56 –

President will hold office for 5 years upon which he enters office He can resign by writing to the VP under his hand Impeached through article 61 But he shall continue to hold his office until a successor is ready to enter his office even after

the 5 years VP will inform the speaker of the resignation

Article 57 – The president shall be eligible for re-elections subject to other provisions in the constitution

Article 58 – Eligibility for Election of the President

Citizen of India 35 years of age Qualified for the election as a member of the house of the people Should not hold any office of profit.

Explanation of office of profit for the President is that he is holding a position under the Union Government or the State Government. This is not allowed only for the reason of him being the President of India.

Explanation of office of profit for Legislatures – Holding a position under any form of government or a public entity, he can be influenced by the executive as he would be receiving remuneration for his services. This is not acceptable and hence any MP or MLA cannot hold an office of profit.

Article 59 –

President shall not be an MP or MLA, if so, it would be considered that he has vacated his seat when he enters his office as President

The President shall not hold any other office of profit So many perks wow His emoluments and allowances will not be diminished during his tenure

Article 60 – He shall take an oath before the Chief Justice of India

Article 61 – Impeachment of the President

Resolution can be moved by either house of Parliament Resolution has to be supported by at least 1/4th of the members of the house with at least

14 days of notice Resolution has to be passed by 2/3rd of the total membership of the house (Irrespective of

how many present)

The other house shall investigate and the President shall have the right to appear before such investigation

After Investigation, if the resolution is passed by 2/3rd of the total membership of the house then the president is impeached

Article 62 – Election for new president should take place before the term for of the existing president ends. Also if the President dies or is impeached, within 6 months the new president should be elected and he will hold office for a duration of entire 5 years

Article 63 – There shall be a vice president of India

Article 64 – The Vice president shall be the ex officio chairman of the council of states. If the president is incapacitated, the VP shall be the acting President and not the Chairman of the council of states anymore.

Article 65 – When President is not there or available, VP is the President and he shall be entitled to all the perks and allowances of the President.

Article 66 – STV-PR voting system. He cannot be a member of either house of parliament or any state legislatures; if he is then he will vacate them when he enters the office of vice president.

Citizen of India 35 years of age and qualified to be a member of the Council of states Cannot hold an office profit just coz of the reason he is the Vice president.

Article 67 – VP will hold office for a term of 5 years, VP can be removed by moving a resolution with 14 days’ notice and the resolution is passed by a majority of the house. VP can hold on to his office even if his term expires until a new VP is elected.

Article 68 – Election for new VP will be completed before the term of existing VP ends and also in case a VP is dead or resigned or removed then the person elected to fill his position will hold a complete term of 5 years upon his entry to the office of VP

Article 69 – VP will take an oath before the President of India.

Article 70 – Parliament may make any provision for the discharge of functions of the president in any contingency. So if P and VP both are not available for some reason, Parliament can make provision for someone else like the CJ of India or on his absence the senior most judge to act as Acting President until a replacement is provided.

Article 71 – Any questions regarding the elections of the VP and P have to be challenged only in the supreme court. The ony people who can challenge is either another contestant of the P elections or 20 electors.

If for some reason, the P does some things and takes some actions before the supreme court invalidates his election, his actions will not stand invalidated

Parliament may regulate by law the matters connected to elections of P and VP The Election of P or VP shall not be called into question by some vacancy in the electoral

college.

Article 72 – President of the India has the power to pardon, remit, respite or reprieve for any of the following cases

Court martial cases Death sentences Any law which extends to union Nothing in this article shall call into question the power of any army officer who has been

conferred by law authority to pardon etc. Nothing in this article shall call into question the power of any governor to pardon death

sentences

Article 73 – Don’t read up too much into it. Basically it says that Where ever the union has the power to makes laws; its executive power extends up to it. The concurrent list is executed by the State unless otherwise stated.

Clause b says that in case a State had executive power in an area where parliament has power to make laws before the commencement of the constitution, then it will continue to have the executive power, unless otherwise stated by parliament.

Article 74 – Council of ministers to advice the president and he shall exercise his functions based on their advice. President can ask the ministers to reconsider, but has to go forward if the same advice is tendered after reconsideration.

The advice from the council of ministers to the president shall not be inquired by any court.

Article 75 – PM will be appointed by the President and other ministers shall be appointed by the president on advice from the prime minister. Total number of ministers shall not exceed 15% of the total membership of the house of the people.

If minister being an MP is disqualified, he will also be disqualified as a minister till he is re-elected etc.

Ministers shall hold office during the pleasure of the president Council of ministers will be collectively responsible for the house of the people For the council of ministers – President oath of office and secrecy A minister who is not an MP for more than 6 months will cease to be a minister Salaries and allowances will be decided by the President

Article 76 – A person who is qualified to be a Judge of the Supreme Court shall be appointed by the President as the Attorney General of India.

He will provide legal advice to the government of India and represent them in courts

Attorney general shall have right of audience in all courts of the country

He can also sit in both the houses along with the ministers.

President will determine his remuneration and shall hold office during the pleasure of the President

Article 77 – All executive action will be taken in the name of the President

Orders and other instruments made and executed in the name of president shall be authenticated by a process decided by the president and after which it shall not be called into question

President shall make rules for convenient business transactions and allocation of said business among ministers.

Article 78 – PM shall keep President up to date with the executive affairs. President will ensure all Council of ministers are kept into consideration of any decision taken by a Minister without the consideration of the council.

Chapter 2 – The Parliament (79 -122)

Article 79 – There shall be a Parliament which consist of two houses known as the council of stats and house of the people

Article 80 – Council of states shall consist of

Twelve members to be nominated by president Not more than 238 representatives of the states and UT Allocation based on the 4th Schedule Nominated people need to have special knowledge or practical experience in Literature, Art,

Science and Social service The members of council state shall be elected by the Legislative assemblies by STV-PR The UT members shall be chosen as prescribed the parliament – Now legislative assemblies

from Delhi and Pondicherry

Article 81 – House of the people has 530 members from the states and 20 members from the UTs

Seats allocated to each state is based on their population No representation if the state does not have population exceeding 6 million

Article 83 – Council of states shall not be subject to dissolution, but nearly 1/3rd of the members retire every 2 years

House of the people shall continue for 5 years unless dissolved sooner. In case of emergency, it may be extended upto 1 year after duration and then after extended 6 months at a time

Article 84 – Qualification of seat in Parliament

Citizen of India, and takes oath by a person appointed by the election commission in the 3 rd schedule, but this oath is before the election

For Lok Sabha – 25 years atleast and for Rajya Sabha – 30 years atleast

Should possess qualifications which may be prescribed by law of parliament

Article 85 – President may summon each house of the parliament to meet with not more than 6 months gap between meetings.

He also has the power to prorogue either house or both houses

He can dissolve the lok sabha

Article 86 – President may address either of the houses or both houses assembled together, He also may send messages to each house for their consideration

Article 87 – At the commencement of the first session after the General Election to the house of the people the president shall address both houses together

Article 88 – Every minister and Attorney General can sit in both houses and take part in proceedings but shall not have the right to vote

Article 89 – The VP is the chairman of Rajya Sabha and the Deputy Chairman shall be chosen by the council of states.

Article 90 – DC shall vacate this office if he ceases to be a member of the council, resign and maybe removed by a majority resolution with 14 days notice.

Article 91 – If both the VP and DC are vacant, the President may appoint any member of the council to act as the acting chairman

If both are absent, then based on the rules of the council another person may act as the chairman

Article 92 – If the VP is being removed, DC will lead , and if DC is being removed VP will lead the council, those being removed cannot sit in the chair.

The Chairman while being removed, cannot vote though he may speak and be present

Article 93 – House of people shall choose 2 members of the house to be speaker and deputy speaker. If they become vacant , the house shall choose their replacements

Article 94 – The speaker or Deputy Speaker shall

Shall vacate his office as soon he stops being a member of the house of people Resign Resolution passed by the house to remove them, but not without 14 days notice But whenever the house of the people is dissolved, the speaker shall not vacate his offie

until immediately before the first meeting of the new house of people

Article 95 – If the offices of both speaker and deputy speaker are vacant, the president may appoint a member of the house for the purpose

If both are absent on the same day, then based on the rules of the house a new speaker is chosen

Article 96 – If the speaker or the deputy speaker are being removed, the one not being removed presides

When the speaker is being removed, he may be present and speak but only vote in the first instance

Article 97 – The salaries paid to chairman, speaker, DS and DC etc. will be decided by the parliament.

Article 98 – Each house of parliament will have a separate secretarial staff, but both houses can have common staff.

Some stuff about appointment of secretarial staff which the parliament will decide, until the parliament decides the president will consult the speaker and chairman and take decisions.

Article 99 – Every member of the house of parliament before taking his seat shall subscribe before the president or someone appointed by him an oath or affirmation

Article 100 - Article 100 provides for the Houses of Parliament (i) taking decisions (except in a few cases) by a simple majority of those present and voting with the Chair exercising only a casting vote in case of an equality of votes, (ii) having a quorum of one-tenth of the total number of members, and (iii) decisions not being vitiated by existence of any vacancy in the House or by voting by any unauthorised persons.

Article 101 - Article 101 lays down that a member shall be required to vacate his seat in a House if he is elected to both Houses of Parliament or to a House of State Legislature. In the latter case, if the member does not resign his seat in the State Legislature within a period of 14 days from the date of publication of the declaration in the State Gazette, his seat in the House of Parliament may be declared vacant.

A seat may also stand vacated if a member becomes subject to any disqualification or voluntarily resigns his seat and the resignation is accepted by the Speaker/Chairman.

The House may declare a seat vacant if the concerned member fails to attend the House for more than 60 days without permission.

In computing the period of sixty days no account is taken of any period during which the House is prorogued or is adjourned for more than four consecutive days

Article 102 - “Disqualifications for membership.– (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—

(a) if he holds any office of profit

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India,

(e) if he is so disqualified by or under any law made by Parliament.

(2) Defection – Anti Defection law

Article 103 – If any question arises whether a person needs to be disqualified coz of the previous article, it shall be referred to the President who shall obtain the opinion of the Election Commission and his decision will be final.

Article 104 – If a person sits or votes as a member of parliament before he has completed article 99, or he has been disqualified, he will be charged a penalty of Rs.500/day and it will debt to the union and it needs to be recovered.

Article 105 – No MP shall be tried in any court for the things he has said, vote given or publications while in Parliament. Other immunities of MPs and Members of committees will be decided by the parliament from time to time.

Article 106 – MPs shall receive salary and emoluments as decided by the Parliament.

Artile 107 – Any bill to be passed has to be approved by both houses and receive president’s assent. Except for money bills, RS is not involved , can only provide recommendations which are not binding in any sense.

A bill pending in parliament shall not lapse by prorogation A bill pending In council of states and not passed by House of people , shall not lapse on the

dissolution of the house of the people A bill pending in house of people and not passed by council of states, shall lapse on the

dissolution of the house of the people A bill passed by house of people and pending in RS, shall lapse on the dissolution of the

house of the people.

Article 108 – if after a bill has been passed by one house and is transmitted to the other house

Not returned after 6 months Disagreed on amendments of the bill Rejected the bill A joint session will be called for the passage of the bill Money bill is not applicable here

Article 109 – Money shall not be introduced in the council of states, Only LS can introduce it.

After passing in LS, it goes to RS for recommendations. Within 14 days it returns and LS can accept or reject RS recommendations and the bill will be passed.

Article 110 – Money bill which deals with the following

Imposition, regulation , remission, alteration and abolition of tax Taking out or depositing money of the Contingency fund or Consolidated fun A bill shall not be deemed a money only be the reason that it collects fines, fees or taxation LS speaker has the final authority to decide what is Money bill and what is not Can be introduced only the recommendation of the president

Article 111 – When a bill has been passed by the parliament, the president shall provide assent the first time in case money bill or in case of ordinary bill , he has the right to send it back for

reconsideration of the parliament, but if the same bill is sent back again, then he has to provide assent to it.

Article 112 – The president shall cause to be laid down before the houses of parliament a statement of estimated receipts vs estimated expenditures as part of Annual financial statement

The estimates of expenditures will contain separately, Expenditure charged by the constitution ( Salary of President, speakers, debt charges, Judges, CAG, sums to meet judgements etc. )

Also, other expenditure to be withdrawn from the CFI Also the expenditures will be divided into Revenue and Capital headings

Article 113 – There shall be no vote on Charged expenditure, but there shall be a discussion. But for other expenditure the house of people will have to provide assent to the demand of grants, no demand of grant shall be made except on the recommendation of the president. No tax can be increased , only decreased.

There can be cut motions for each demand of the demand of grants

Policy cut motion – Disagreement with the policy of the underlying the demand. It states demand be reduced to Rs.1

Economy cut motion – Demand be reduced by certain amount Token cut motion – Reduce demand by Rs.100 to address specific grievance within the govt. Cut motions may be discussed but generally not passed as govt. enjoys majority, but if they

are passed it may lead to resignation of the govt.

Article 114 – Based on the grants and approved by the house of the people, bill for appropriation of the funds will be tabled to meet both types of expenses

No further amendment is possible for varying of the grants and the speaker will take the final call

The appropriation bill is like a money bill

Article 115 –

Supplementary grant – if the amount authorised for a particular service by the parliament for that financial year is insufficient

Additional grant – if any new service is added to meet the expenses of the same Excess grant – If the money spent in that financial year for any service is excess than planeed All of the above will go through the same procedure

Article 116 –

Vote on account – Advance of 2 months or 4 months is taken for the functioning of the government as approval of the budget takes time

Vote on Credit – To meet an unexpected demand of certain resources of India. Blank cheque Exceptional Grant – Granted for special purpose and forms no part of any service of any

financial year Token Grant – Grant of Rs.1 to transfer money between one head to an other

Article 117 –

Financial Bill 1 – Contains matters in 110 a to g, but also contains other legislation. But for all purposes it is treated as money bill

Financial bill 2 – Involves appropriation of money from CFI but does not coincide with anything in article 110. Hence treated as any normal bill but has to be tabled on the recommendation of the president.

Article 118 – Each house of the parliament may make rules of business subject to the constitution

For joint sitting, President with consultation of Chairman and speaker may make rules of joint sitting.

Article 119 – For the timely completion of financial business, Parliament may provision for rules specific to financial bills. These rules will supersede any of the art 118 rules if confilicting

Article 120 – Language to be used in parliament is Hindi or English

Article 121 – No discussion shall take place in parliament with regard to the conduct SC or High court Judge unless a motion to remove is being presented.

Article 122 – The validity of the proceedings in parliament shall not be called into question on the ground of irregularity.

No officer or MP shall be in jurisdiction of any court for practicing his constitutional duties.

Chapter 3 – Legislative powers of the president(123)

Article 123 – When both the houses of parliament are not in session, the president has the power to promulgate and an order, bill called an ordinance. The ordinance shall have the same force as an act of parliament

But as soon as the Parliament re assembles, before six months this ordinance has to be accepted or rejected.

If one of the houses of parliament re assembles on different date, the later date shall be considered for the six weeks’ time frame.

Chapter 4 – Judiciary( 124-146)

Article 124 – There shall be a supreme court of India consisting of a chief justice and by parliament law not more than 25 other judges.

Every judge of the SC shall be appointed by the President by warrant under his hand and after consultation of the judges of SC and HC and hold office till the age of 65.

For appointment of a judge other the Chief Justice, the CJ shall always be consulted. Judge may resign by writing by his hand to the president. Age of judge may be determined by such authority as provided by the Parliament

To be a judge of the SC , he has to be a judge of the HC for atleast 5 years or an advocate at the high court for atleast 10 years.

Oath to be taken by the president or by someone who is appointed on his behalf Opinion of the president a distinguished jurist Judge of the supreme court cannot be removed unless by an order of the president after a

majority resolution has been passed by one house and with 2/3rds members present and voting by both the houses of the parliament

Article 125 – Salaries of Judges of Supreme Court will decided by parliament and details are in 2nd schedule. They will not be reduced during his tenure

Article 126 – When the CJ is vacant or absent, the president shall appoint an acting CJ from the among the judges of the SC

Article 127 – If at any time there is no quorum in the SC , the CJ may in consultation with CJ of HCs appoint ad hoc judges from the HC to the SC

The ad hoc judge shall have all the powers and privileges as the SC judge

Article 128 – The SC CJ in consult with president ask any retired judge of the SC or HC to preside in the SC and he shall have all the powers and privileges but he shall not be considered a judge of that court

Article 129 – SC shall be a court of record and has power to punish for contempt of itself.

Article 130 – SC shall sit in Delhi and may decide to move to another place if the CJ decides with the consent of the president.

Article 131 – Jurisdiction of the SC

GOI and GOS GOS and GOS

Article 131A – Exclusive jurisdiction of the SC in regard to constitutional validity of the central laws

Article 132 – Appeal from HC to SC is possible in civil, criminal or other proceedings, if the HC certifies under Article 134A that the case involves the interpretation of the constitution

For example, in criminal proceedings, if the HC has taken an appeal from the lower court and has sentenced a death sentence, then the defendant can appeal, but if the defendant is acquitted by the HC, it cannot be challenged.

Article 133 – SC may take an appeal from the HC if

If the case involves a substantial question on the law of general importance In the view of the HC, is fit for SC appeal Interpretation of the constitution

Article 134 – In case of criminal proceedings, an appeal to SC is possible if the HC has taken an appeal from the lower court by either defendant or prosecutor and has sentenced a death sentence, then the defendant can appeal, but if the defendant is acquitted by the HC, it cannot be challenged.

HC feels that the case is fit for SC appeal.

Article 134 A – any appeal can be allowed to SC if the HC itself thinks so , of if an oral application is made by the aggrieved party, decide to provide a certificate for allowing the appeal to SC by the HC

Article 135 – Jurisdiction of the SC

Article 136 – SC can provide for a special leave for appeal from any court of the country, except tribunal courts or Court Martials.

Article 137 – SC can review any judgement or order passed by itself.

Article 138 – SC shall have jurisdiction over any of the union laws, if GOI and GOS decide it can be extended to any further jurisdiction related to them

Article 139 – Parliament by law can confer on SC to issue writs for any other purpose other than those mentioned in Article 32

Article 139A – In case of very similar cases in front of the SC and multiple HCs, then the SC by itself or through the AG’s request can withdraw these cases present before the HCs and dispose of the cases by itself, which will be binding to the HCs after the cases have been returned.

Article 140 – Parliament by law can confer supplemental powers to the supreme court which are not inconsistent with the constitution if it deems it necessary for exercising its jurisdiction more effectively.

Article 141 – Law declared by SC shall be binding on all courts of India

Article 142 – The supreme court has the right to pass any order or decree which is binding throughout India by law of the parliament. Generally this kind of decree or order has been interpreted by the country to keep under the bounds of existing statutory laws.

Supreme court has the power to secure attendance of any individual, documents or investigation etc.

Article 143 – President may counsel the supreme court with regards to laws etc. and The supreme court shall provide its opinion of the same.

Article 144 – All authorities, civil and judicial shall act in aid of the supreme court

Article 145 – Supreme Court shall make rules for the court.

Article 146 – Chief justice or any other judge of supreme court he may empower can appoint officers/servants of the court. President may by rule require no person who is not already attached to the court be appointed to any office, save by consultation with the UPSC

CJ or any other judge empowered make rules for conditions of employment with the consent of the president.

Chapter 5 – Comptroller and Auditor General of India (147-151)Article 147

Article 148 – There shall be a CAG appointed by the president and shall only be removed by the president or in like manner of the judges in Supreme court

He shall take oath as proposed in the 3rd schedule The salary and other conditions of service of the CAG shall be determined by the parliament

by law which shall not be reduced during his tenure The CAG shall not be eligible for further office under GOI or GOS The conditions of serving of officers in CAG department shall be decided by the president in

discussing with the CAG Administrative expenses for CAG shall be drawn from the Consolidated Fund of India

Article 149 – He basically deals with accounts and accountability of GOS and GOI

Article 150 – The accounts shall be kept in the format as the President prescribes

Article 151 – The reports of the CAG for the union/state shall be submitted to the President/Governor who shall than submit the same to the respective houses.

Part 6 – Art(152- 237) – The States

Chapter 1 – General

Article 152 – In this part, State does not refer to Jammu and Kashmir

Chapter 2 – The Executive (153-167)

Article 153 – There shall be governor for each state of India

Article 154 – The executive power will be vested in the Governor of the state and shall be exercised by him directly or by his subordinates

Nothing in this article shall be deemed to transfer to the Governor any functions conferred by any existing law on any other authority

Nothing in this article shall prevent Parliament or the Legislature of states by law to confer functions upon any other authorities subordinate to the Governor.

Article 155 – The Governor shall be appointed by the President by warrant under his hand and seal

Article 156 – The Governor shall hold office during the pleasure of the president. The governor may be writing addressed to the President resign his office and The Governor shall hold office for a period of 5 years. Irrespective of his term, he shall continue to hold office till a successor enters.

Article 157 – No person shall be eligible for appointment of governor till he is of age 35

Article 158 -

Governor shall not be an MP or MLA, if so, it would be considered that he has vacated his seat when he enters his office as President

The Governor shall not hold any other office of profit So many perks wow His emoluments and allowances will not be diminished during his tenure

Article 159 – Shall take oath in front of the CJ of the high court

Article 160 – The President may make such provision as he thinks fit for the discharge of the functions of the governor of a state in any contingency not provided in this chapter

Article 161 – The governor can provide pardons, reprieves, punishment etc. to where the power of the state executive extends

Article 162 – The executive power of state shall extend to where it has the power to make laws. In matters where both union and state can make laws i.e the concurrent list, the state shall have the executive power as provided by any law of the constitution or the parliament.

Article 163 – There shall be council of ministers to advise the government. Governor has discretion over his powers

Article 164 – The council of ministers headed by the chief minister shall be appointed by the governor and hold office during the pleasure of the governor. Provided in states like MP, Chat, Jhar, Orissa there shall be a minister for tribal welfare and also other backward classes

Total number of ministers shall not extend 15% of the total strength of the assembly. It shall not be less than 12.

Ministers will have to go through oath of secrecy and office.

Article 165 – There governor shall appoint a person who is fit to be a Judge of HC to be the Advocate General for the state. He shall hold office during the pleasure of the governor and provide legal advice the GOS.

Article 166 – All executive action of the state shall be taken in the name of the governor, orders and instruments made and executed by the governor shall be authenticated by such manner prescribed by the governor and there after the validity of the orders shall not be questioned.

The governor shall make rules for transaction of business for the GOS

Article 167 – CM will have to communicate to the governor of all the decisions of the Council of ministers and administrative affairs of the state. The governor may submit for the consideration of the council of ministers any decision taken by a minister but not been considered by the Council of ministers.

Chapter 3 – The State Legislature (168-212)Article 168 – For every state there shall be a legislature but in AP, Kar, MP, UP and Maharashtra there will be 2 legislatures.

The other legislature will be called Legislative Council

Article 169 – The Parliament can by law enable for the creation or abolition of the Council with a resolution introduced in the Legislative assembly with majority of the membership and passed by 2/3rds of the members present and voting

No such law as aforesaid shall be deemed to be an amendment of the constitution under article 368

Article 170 – Membership of the assembly shall be between 60 to 500 from members chosen from various constituencies

Article 171 – Total membership of the LC will not exceed 1/3rd the membership of LA provided that LC membership shall not be less than 40

Composition of the LC

1/3rd of the members from municipalities and district boards 1/12th for atleast 3 years are graduates of universities 1/12th for atleast 3 years been involved in educational institutes 1/3rd will be chosen by the LA 2/12th will be nominated by governor who are have special knowledge in the field of

Literature, Art, Science, Social service and Co-operative movement

Article 172 – the LA of every state unless sooner dissolved will have a term of 5 years. In case of emergency, by law of parliament be extended by 1 year and then extended by six months each time. After Emergency has ceased to exist, will be dissolved within six months

LC will not be dissolved, but 1/3rd of the members will retire every 2 years

Article 173 – To be a member of the LA , he has to be a citizen of India, during nomination he needs to take an oath before the election commission

Atleast 25 years for LA and 30 years for LC

Article 174 – The Governor from time to time summon each of the houses and not with a gap of more than 6 months

The Governor from time to time prorogue the house or dissolve the LA

Article 175 – The governor may address each of the houses or both together and will require attendance. He may send messages to the houses with respect to bills and they shall be considered

Article 176 – At the commencement of the first assembly, the Governor will address both houses through a joint sitting.

Article 177 – Every minister and advocate general of the state can sit in either of the houses and take part in proceedings but may not take part in vote

Article 178 – Every LA will choose right after oath the Speaker and Deputy Speaker

Article 179 – Speaker/DS shall vacate office if he ceases to be a member of the assembly

S/DS will write to each other during their resignations May be removed by a majority resolution of the LA 14 day notice has to be given Speaker shall continue to hold office till new assembly elected and meets

Article 180 – If speaker is vacant, DS will continue, if DS also vacant then Governor will appoint someone for the purpose

During the absence of the speaker and DS, rules of the house will decide the new speaker

Article 181 – While S is being removed, DS will preside, DS being removed, S will preside

The Speaker can take part in his removal proceedings but not preside and can vote only in the first instance

Article 182 – The legislative council shall elect a chairman and DC

Article 183 - C/DC shall vacate office if he ceases to be a member of the council

C/DC will write to each other during their resignations May be removed by a majority resolution of the LC 14 day notice has to be given

Article 184 - If C is vacant, DC will continue, if DC also vacant then Governor will appoint someone for the purpose

During the absence of the C and DC, rules of the council will decide the new speaker

Article 185 - While C is being removed, DC will preside, DC being removed, C will preside

The C can take part in his removal proceedings but not preside and can vote only in the first instance

Article 186 – Payment to S,C,DC,DS will be decided by law of the LA

Article 187 – There shall be separate secretarial staff of each house, but can have posts common to both houses

LA may be low regulate recruitment, until that is done, Governor in consultation with S and C can make rules to regulate recruitment of the secretarial staff

Article 188 – Every MLA or MLC shall before taking his sit take an oath before the governor or someone appointed by him

Article 189 – Any question shall be decided by majority votes apart from speaker or C. They may only vote in case of tie. All proceedings in house shall be valid irrespective a non-qualified member voted.

Quorum of house is 1/10th of the members , till that is achieved the house will be adjourned

Article 190 – No member shall be a member of both the houses and a provision by law will decided his vacation of one of the seats

No member shall be a member of the LA of more than 2 states. He will be given some time by the president and if not vacated one of the seats, both his seats will become vacant

If member is disqualified or genuinely resigns his seat will be vacant. If member of LA is absent for more than 60 days without permission, his seat will become vacant. Sixty days does not include prorogued days or when house is adjourned for more than 4 days consecutively

Article 191 – Disqualification of MLA

Holds office of profit Unsound mind Undischarged insolved Not a citizen of India Disqualified under any law of parliament Defection

Article 192 – If any member faces disqualification for the above reasons, the decision of the Governor will be final. The Governor shall obtain the opinion of the election commission and act accordingly to such opinion

Article 193 – If a member sits and votes as an MLA or MLC before taking the oath or he is disqualified or not qualified then he will be charged penalty of Rs.500/day as debt to the state.

Article 194 – Freedom of speech in legislatures

No liability in terms votes given by him, paper or report Immunities of the house may be decided by law It shall apply to anyone who have by virtue of the constitution the right to speak in and be a

part of the proceedings Members of the LA and LC shall receive emoluments/salaries as decided by law by the

legislature of the state

Article 196 – A bill may originate in either house of the legislature

If 2 houses, a bill may only be passed if it is approved by both houses of the legislature A bill pending in the Legislature of state shall not lapse by reason of prorogation of the

house

A bill pending in the LC which has not passed by the LA shall not lapse by dissolution of the LA

A bill pending in the LA of state or having been passed by the LA and not by the council , shall lapse on dissolution of the LA

Article 197 – If bill passed by LA and transmitted to LC

If bill is rejected by LC or 3 months have passed or passed with amendments, it comes back to LA

LA can pass same bill or bill with amendments and transmit the bill to the LC The 2nd time again if rejected, 1 month has passed or passed by amendments. It would stand

to be passed anyways

Article 198 – Money bill

Can be introduced only in the LA If passed will go to LC and has to be returned in 14 days Irrespective of what happens in LC , it will be passed

Article 199 – Money and it what it deals with? Redundant with union article

Article 200 – After bill passed by both houses , it has to get the assent of the governor or withholds assent or reserves it for the consideration of the president(Derogation of the power of the HC)

If the bill is money bill, he can’t return it. If any other bill, he can return for reconsideration but the 2nd time he has to assent to it.

Article 201 – if the bill is reserved for the consideration of the president and he returns it, the bill is sent back to the houses for reconsideration and within 6 months is passed again with or without amendments; it shall go for the consideration of the president again.

Article 202 – Governor every year shall ask for the budget to be laid down for the coming financial year.

Expenditure shall be shown separately in terms of charged expenditure to the constitution and other expenditure

Expenditure shall be divided on revenue and capital accounts

Charged expenditure shall contain, Salaries of president, CAG, Judges, Court expenses, S,C,DS,DC, interest etc.

Article 203 – Charged expenditure shall not be put to vote but can be discussed, but other expenditure shall be put to vote in terms of demands for grants. Can only be reduced or abolished

Article 204 – Appropriation bill for the grants of demands approved and charged expenditure on the CFI. No amendment related to changing amount or its destination shall be allowed. Speaker will have final say over which is inadmissible.

Only appropriation laws can extract money out of CFS

Article 205 – Various types of Grants , Supplementary, Additional and Excess Grants

Article 206 – Vote on Account, Vote of Credit and Exceptional grant which is a special amount which is not charged to any current service of any financial year

Article 207 – A bill making provision for any of the matters of Article 199 clause 1 and sub clauses a to f shall not be introduced except on the recommendation of the governor and shall not be introduced in the LC.

No recommendation is required for abolition or reduction of any tax

A bill which involved extraction out of CFS shall require recommendation of the Governor

Article 208 – House of legislature may make rules regarding its procedure and conduct of business

Governor after consultation with S and C shall make rules of communication between the houses

Article 209 – For financial bills, Legislature may make rules for timely completion and passage.

Article 210 – Official language will be OL of state or language of state or Hindi or English

Article 211 – No discussion shall take place regarding the conduct of any judge of SC or HC in the discharge of his duties.

Article 212 – The validity of the proceedings of the legislatures shall not be called into question

No officer or MLA/C under whom powers are vested for regulating procedure or conduct of business or maintaining order shall be subject to jurisdiction of any court with respect of the exercise of those powers.

Chapter 4 – The Legislative power of the Governor (213)

Article 213 – When both the houses of state legislature are not in session, the governor has the power to promulgate and an order, bill called an ordinance. The ordinance shall have the same force as an act of legislature

But as soon as the legislature re assembles, before six weeks this ordinance has to be accepted or rejected.

If one of the houses of parliament re assembles on later date, the later date shall be considered for the six weeks’ time frame.

Chapter 5 – The High courts in the states (214-231)

Article 214 – There shall be a high court for each state

Article 215 – Every HC shall be court of record and have the power to punish for contempt of itself

Article 216 – Every HC shall consist of CJ and other judges as the president may appoint from time to time

Article 217 – Every judge of HC shall be appointed by the President after consulting the CJ of I and the governor of the state. And in case of the any other judge other the CJ of the HC , the CJ also will be consulted

Vacating the office of the Judge of HC – Resign addressed to the President, Removal by Parliament or promoted

To hold office of HC as judge , one needs to hold atleast for 10 years any judicial office in the territory of India

Or atleast be an advocate of HC for 10 years

Article 218 – To remove a HC judge, a majority resolution has to be passed by either of the houses of the Parliament and then voted by 2/3rds of the members present and voting by both houses

Article 219 – Every HC judge shall take oath in front of the Governor or anyone he may appoint on his behalf

Article 220 – A HC judge after he is made permanent can only plead in the SC or any other HC

Article 221 – Remuneration of the HC judge to be decided by parliament by law

Article 222 – President may in consultation with the CJ of I transfer a Judge from one HC to any other. The Transferred Judge may receive additional emoluments as decided by parliament in addition to his current one.

Article 223 – When the office of the CJ of HC is vacant, President may appoint any other judges of the HC as acting CJ of HC

Article 224 – Increase in work load of the HC, President may appoint additional judges as acting judges for a period of two years

Article 224A – Retired judges can act as judges and have all the powers etc. Salaries decided by president but they shall not be deemed to be a court of the HC

Article 225 – Jurisdiction and power of the HC shall be according the provisions of the constitution or any law made after. Otherwise it shall be the same as before constitution.

Article 226 – The can write the writs like Habeas corpus, Mandamus, Certiorari, Prohibit and Quo Warranto. If anyone has been served an injunction or stay or interim order without furnishing to them proper proof, copies or opportunity to be heard, the order will be vacated asap.

Article 227 – Every HC shall have superintendence over all other courts in its jurisdiction. It can call for returns from such courts, make general rules, prescribe formats for book keeping etc.

HC can decide the fees for the sheriff, officers in the lower court. The above tow provisions have to be in conformity with the views of the governor/president.

This article shall not confer powers over tribunals or law related courts

Article 228 – If the HC is satisfied that a case in a lower court is based on a law which is based on a substantial question of the interpretation of the constitution then,

It may dispose the case itself or determine the said question of the interpretation of the constitution and pass it on to the lower court which shall dispose the case in conformity of the determination.

Article 229 - Chief justice or any other judge of high court he may empower can appoint officers/servants of the court. Governor may by rule require no person who is not already attached to the court be appointed to any office, save by consultation with the SPSC

CJ or any other judge empowered make rules for conditions of employment of these officers with the consent of the Governor.

Article 230 and 231– Parliament by law can establish a common court for two states/union territories etc.

Chapter 6 – Subordinate Courts (233-237)

Article 233 – Promotion or posting of any DC judge shall be made by the Governor in consultation with the HC

If a person has not been in service of the union or state shall only be eligible for DC judgeship if he has been for at least 7 years an advocate or a pleader in the HC

Article 233A – No prior DC appointment or transfer, promotion, posting before commencement of the constitution shall be voice.

Anything done before commencement of the constitution regarding the DC will be deemed to be invalid

Article 234 – For officers of the DC other than the Judge, appointments shall be made by the governor in consultation with SPSC and HC of that state

Article 235 – Control over the DC, posting or promotion of the judicial service members not including the DCJ shall be in the HC. A person may appeal, who knows ?

Article 236 – DCJ could mean judge of city civil court, additional DCJ, Joint DCJ etc.

Article 236 – So post the commencement of the constitution, all the above provisions shall made in effect by the governor through a public notification on a date such fixed by him for existing classes or class of magistrates etc.

Part 7 – Repealed

Part 8 – Art (239-242) – Union Territories

Article 239 - Save by law, every UT shall be administered by the president through an administrator or Lt.Governor

He may also appoint a Governor of an adjoining state, but he shall act independently of his council of ministers

Article 239A – For Pondy – Parliament by law my create a legislature with partly elected and party nominated members and council of ministers. Any such law shall not be deemed to be an amendment to the constitution

Article 239AA – 69th Amendment act of 1991 – UT of Delhi will be called NCT and shall be governed by Lt.Governor . There shall be assembly for NCT through elections

They can make all laws in the state , except regarding public order, police and land.

Parliament laws can over rule any law made by state

Council of ministers not exceeding 10% of the total strength of the assembly can be appointed. They will advise the Lt.Governor. In case of any differences between them, LG can refer the decision to the president, But if LG thinks matter is urgent he can take a decision on his discretion

The chief minister shall be appointed by President as well as other ministers. Creating a law for the formation of the government shall not be considered as an amendment with respect to article 368.

Article 239AB- If there is a failure of constitutional machinery or there cannot be a government formed, on the recommendation of the LG, there can be president rule imposed

Article 239 – Promulgation of Ordinances cannot be done when legislature is dissolved or suspended. Ordinances can be promulgated only on the advice of the president.

Article 240 – President can make regulations for peace, progress and good government in UT for Andaman, Dadra, daman, Lakshadweep and puducherry. Puducherry only when legislature is dissolved or suspended

Article 241 – High courts in UT, it can ask other state HC to oversee the UTs

Puducherry – Madras HC

Andaman – WB HC

Delhi – Delhi HC

Lakshadweep – Kerala HC

DD, DNH – BB HC

Chandigarh – Chandigarh

Article 242 – Repealed

Part 9 – Art(243-243O) – Panchayats

Article 243 – Definitions

District in a state Gram Sabha means a body consisting of persons registered in electoral rolls within the area

of panchayat Intermediate level means level between village and district Panchayat means self governing institution etc.

Article 243A – Gram Sabha may perform functions such as the state legislature may decide by law

Article 243B – There shall be in every state, Panchayats at village level, intermediate level and district level

Intermediate level may not be there if population of state less than 2 million

Article 243C – Ratio between population of any panchayat and seats in the panchayat to be filled by election same through out the state

All seats shall be filled by elected persons from territorial constituencies in the panchayat area.

By law provide for representation of Chair of village panchayat at intermediate

Chair of intermediate at panchayat at district level

MLA, MP of LS whos constituencies have these panchayats wholly or partially other than village level

MLC, MP of RS who are in electoral rolls of these panchayat areas, at any other level other than village level

Chairpersons and other members of panchayat, whether elected or nominated shall have voting powers.

Chairpersons shall be voted by amongst the members

Article 243D – Reservation of seats of SC/ST

The number of SC/ST seats shall be proportional to their population in rotation among all the territorial constituencies

1/3rd of the above seats shall be reserved for women 1/3rd of the total seats overall shall be reserved for women, including the above criteria Even the offices of chairpersons shall follow above reservations Can make additional reservations for persons belonging to backward classes

Article 243E – Unless dissolved shall exist for a period of 5 years. Any amendment leading to dissolution of panchayat will not be forced on existing panchayat until they complete their term

Election for new panchayat has to be completed before expiry of current panchayat term or within 6 months of dissolution of panchayat.

If dissolved before 6 months of term ending, new elections have to be held. And this new panchayat will only serve for the remaining duration of the previous panchayat.

Article 243F – Disqualification

For the purpose of elections to the LA. He shall not be disqualified for being less than 25 years of age if he has already attained the age o 21

Disqualified under any law made by the state

State election commission will take final call on disqualification of the member of panchayat

Article 243G – LA or LC may endow the panchayats powers for self governance by law with respect to economic development and social justice and implementation of schemes

Article 243H – Legislature may by law authorize a panchayat to levy , collect taxes etc. Make grants in aid from consolidated fund of state and provide for reception and withdrawal of moneys.

Article 243I – after 1 year of 73rd amendment commencement and there after every 5 years, finance commission to review the financial position of panchayats to the governor

Article 243J – By law maintenance of accounts and auditing

Article 243K – State election commissioner is there and can only be removed like a judge of the HC. He will overlook panchayat elections among other state elections.

Article 243L – Shall apply to union territories as well.

Article 243M – Nothing in this part shall apply to certain scheduled and backward areas. Legislature of a state may extend this part to those areas which are not in the schedules of article 244 which currently do not have this part because of this article mentions.

Article 243N – Any previous provisions for panchayats before the commencement of the constitution not in sync with this part shall be amended or expired in one year. Existing panchayats will be allowed to complete their term.

Article 243O – Law relating to delimitation of constituencies or allotment of seats etc shall not be called into question in any court. Any questions related to elections of panchayats shall be addressed by the state election commission

Part 9A – Art(243P–243ZG) – Municipalities

Article 243P – Metropolitan area means area having population of more than 1 lakh. Even municipality is for self governance.

Article 243Q – There shall be a –

Nagar Panchayat – Area transitioning from rural to urban Municipal council – smaller urban areas Municipal corporation – Larger urban area

Article 243R – All the seats in a municipality shall be filled by persons chosen by direct election from territorial constituencies in the municipal area which will be known as wards

Representation of people having special knowledge regarding municipality, MPs, MLAs, MLC, Chairpersons of lower bodies will be provided. Special knowledge people cannot vote

Election of chairperson of municipality be decided by law.

Article 243S – There shall be wards and ward committees within the area of the municipality having a population of 3 lakhs or more.

Composition of ward committees will be decided by law.

Ward committees can have one or more ward

Member of municipality representing the ward, shall be a member of the ward also the chairperson of the committee. If ward committee has more than one ward, one of the municipal members will be the chairperson of the committee.

Article 243T – Reservations

SC/ST representation proportional to population in area, 1/3rd of the above representation will have women, 1/3rd of the total representation will have women including the above. The offices of chairpersons shall also be reserved as provided by law. The above may apply to ward committees and municipality.

Nothing in this article shall prevent LA or LC from making by law more reservations for backward classes.

Article 243U – Unless sooner dissolved the municipality will have a term of 5 years and the municipality should be given a reasonable opportunity to be heard. No amendment will affect existing municipality.

New municipality elected before the end of existing municipality or in case of dissolution within 6 months after dissolution of the outgoing municipality.

If only 6 months left, then no new municipality will be elected, and new municipality will only be valid for the remainder period of the previous dissolved municipality.

Article 243V – Disqualification – same as panchayat

Article 243W – State may endow upon a municipality powers to carry out economic development and social justice and implementation of schemes also 12th schedule.

Article 243X – Legislature may by law authorize a municipality to levy , collect taxes etc. Make grants in aid from consolidated fund of state and provide for reception and withdrawal of moneys.

Article 243Y – after 1 year of 73rd amendment commencement and there after every 5 years, finance commission to review the financial position of panchayats to the governor

Article 243Z – By law maintenance of accounts and auditing

Article 243ZA – State election commissioner is there and can only be removed like a judge of the HC. He will overlook panchayat elections among other state elections.

Article 243ZB – Shall apply to union territories as well.

Article 243ZC – Nothing in this part shall apply to certain scheduled and backward areas. Legislature of a state may extend this part to those areas which are not in the schedules of article 244 which currently do not have this part because of this article mentions.

Article 243ZD – District planning committee

Consolidate plans of panchayats and municipalities in the district and put together development plan for district.

Laws can be made for the composition and manner in which seats are filled of DPC, provided not less than 4/5ths of the committee shall be elected by and from the elected members of District panchayat and municipalities proportional to population in rural and urban areas of the district.

Article 243ZE – In every metropolitan a Metropolitan planning committee – MPC will draft a development plan for the whole metropolitan area

Laws can be made for the composition and manner in which seats are filled of MPC, provided not less than 2/3rds of the committee shall be elected by and from the chairpersons of panchayat and members of municipalities proportional to population in rural and urban areas of the metropolitan area.

Article 243ZF – Any previous provisions for municipalities before the commencement of the constitution not in sync with this part shall be amended or expired in one year. Existing municipalites will be allowed to complete their term.

Article 243ZG – Law relating to delimitation of constituencies or allotment of seats etc shall not be called into question in any court. Any questions related to elections of municipalities shall be addressed by the state election commission

Part 9B – Art(243ZH-ZT) Cooperative societies

Article 243ZH –Definitions

Article 243ZI – Legislature may be law make laws with respect to incorporation, regulation and winding up of cooperative societies based on the principles of voluntary formation, autonomy, democracy and member economic participation. VADMEP

Article 243ZJ – Maximum number of board of members shall be provided by legislature of state with maximum being twenty one. Reservations for 1 SC/ST and 2 for women

Elected board may exist for 5 years of its tenure unless a vacancy arises and is filled by a nomination because only less than half the term is remaining

Legislature may by law allow for 2 more (additional to the twenty one co-option) members having experience in the field of management and banking etc.

Article 243ZK – Election of a board shall be conducted before the expiry of the term of the board. Election shall be conducted by a state legislature appointed entity.

Article 243ZL – Boards can be superseded or suspended for a period 6 months if they fail to perform duties, conduct timely elections or negligence.

But any board shall not be superseded or suspended if it is not receiving any financial assistance from the government

For banking it can be suspended for a year. In case of supersession the administrator appointed shall fix things and allow new management to take over.

Article 243ZM – These societies will be audited by a qualified auditor decided by the legislature of state

Article 243ZN – Annual general body meeting every year in the last 6 months of the financial year

Article 243ZO – Every member of board shall right to information

Article 243ZP – Every Co-op shall file returns in the last 6 months of the financial year

Article 243ZQ – Legislature may be law decide for penalties and offences done by the co-op

Article 243ZR – If a multi state co-op then central and parliament will come into effect

Article 243ZS – It also applies to UTs and administrators take the final calls as would a legislature

Article 243ZT – Any old laws before 2011 amendment (97th) unless conforming with this part shall cease to exist unless amended or repealed within a period of a year.

Part 10 – Art(244-244A) – Scheduled and Tribal areas

Article 244 – 5th schedule shall apply to the administration of the scheduled and tribal areas of any state other than Meghalaya, Assam, Tripura and Mizoram.

6th Schedule shall apply to the above excluded areas.

Article 244A – Parliament by law can form within the state of Assam an autonomous state all or any of the tribal areas in the 6th schedule.

Part 11 – Art(245-263) – Relation between Union and States

Chapter 1 – Legislative relations – Art(245-255)

Article 245 – Parliament can make provisions for making laws throughout the territory of India and states can do the same for the territory of the states. No Law will be held invalid for the reason of extra territorial operation.

Article 246 – State list, union list and concurrent list. Residuary powers are with the union

Article 247 – Parliament may establish additional courts to deal with union laws in the territory of India

Article 248 – Residuary powers

Article 249 – RS votes with majority having 2/3rds members present and voting. Parliament can make laws for the entire country for all aspects. This will have a validity of 1 year and can be extended by a period of 1 year. All the laws made in this period shall cease to have effect after 6 months after the resolution ends.

Article 250 – Same as above if emergency is declared

Article 251 – Parliament trumps state over concurrent list

Article 252 – If two or more states want parliament to make laws with respect to subjects in the state list, it can pass a majority resolution in their legislatures and the same shall be passed as an act in parliament. This can only be amended or repealed by the parliament.

Article 253 – Parliament has the sole authority to make laws regarding international treaties

Article 254 – In concurrent list, if state makes a law conflicting with parliament, parliament wins, but only if it reserves the right of assent to the president and he assents, state can win.

Article 255 – No law will be invalid on the ground that even though it received assent of the respective head of state but did not receive the required recommendation or sanction if the assent is there.

Chapter 2 – Administrative relations Art(256-263)

Article 256 – Executive power of a state shall be exercised to ensure compliance with the laws made by the parliament and any laws of the state. The Executive power of the union shall extend to giving directions to a state as may be required

Article 257 – Executive power of the state shall not impede the executive power of the union and the executive power of the union shall be to give directions to a state as may be required

The executive power of the union shall also extend to giving directions to a state for the construction and maintenance of the means of communication under national and military importance.

Highways, waterways and railways.

Basically what Article 256 and 257 and 258 states are as follows:

There is a union list, state list and concurrent list Ideally the union has exclusive executive rights over union list and concurrent list, but union

has provided for the executive rights of concurrent list to be with the state by default unless otherwise specified

For matters in union list to which it makes laws, it need not necessarily have a union body executing them; it can direct the states to execute them for it.

The above applies to the laws in the union and concurrent list but not the state list as it does not need to receive any direction from the union for it.

There are very few bodies which the union directly controls like defence, foreign affairs, foreign exchange, post and telegraph, all India radio, Television, airways, railways, currency, excise, customs, tax(income). Defafept air tar cect

Many executive powers of the union are being run by state machinery. There are certain things in the state list like Land, which is an exception as union can state to

execute on its directions for national interest or military interest, example for highways, waterway or railways.

This can be classified as federal supremacy. In the words of B.R Ambedkar if we provide the centre the right to direct state over certain issues for national interest, the state should not decline and if it declines there should be remedy, as he defended the above articles and article 356.

In case of any directions from the centre to state over execution of certain union laws or state laws, any incremental expenditure has to be borne by the centre.

In case of disputes, they may be arbitrated by a person appointed by the chief justice of India

Article 258 – President of a state with the consent of the GOS extend conditionally or unconditionally to it certain functions to which the executive power of the union extends etc.

Consent not needed if done by law.

Article 258A – The governor of the state may with the consent of the GOI entrust conditionally or unconditionally to the government of India functions to it or its offers the executive power of the state.

Article 259 – Repealed

Article 260 – Government with an agreement with any foreign government undertake judicial, legislative and executive functions vested in the government by such a foreign government.

Article 261 – Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the union and every state.

Parliament by law will decide the manner.

Article 262 – Parliament by law provide for the adjudication of any dispute related to interstate rivers and river valleys. Also, Parliament may by law provide that no court shall exercise jurisdiction in these matters.

Article 263 – President shall call for the establishment of inter-state council.

Part 12 – Art(264-300A) Finance, Property, Contracts and Suits

Chapter 1 – Finance – Art(264-291)

Article 264 – Finance commission means finance commission constituted under article 280

Article 265 – No tax shall levied or collected except under the authority of law

Article 266 – All revenues be it expenditure revenue or capital revenue shall be collected by the governments in their respective consolidated funds

All other monies received which technically do not belong to the Government shall be collected in the public accounts of the state or India

Extraction of the monies from the consolidated fund will need to be done by law through an appropriation law.

Article 267 – Contingency fund at the disposal of the president in the time of emergency or in the case of a state the governor. President’s contingency fund has Rs.500 crores

Article 268 – Stamp duties and excise duties on medicinal and toilet preparations in the union list shall be collected by union in UTs and states in the states. They will go to the consolidated fund of the state in case of states

Article 268A – Taxes on services levied by the government of India and such tax shall be collected and appropriated by the GOI and states as decided by parliament law.

Article 269 – Taxes on sale and purchase of goods inter state shall be levied and collected by the union but after 1st april 1996, they shall be redistributed to the consolidated funds of the states.

Article 270 – All taxes in union list except in the above articles shall be levied and collected by the union and shall be distributed between the union and states as decided by the parliament by law as a percentage.

Percentage is as prescribed by the finance commission.

Article 271 – Parliament by law can put a surcharge over the Article 270 duties and all the proceeds from the increased surcharge shall go to the consolidated fund of India.

Article 272 – Repealed

Article 273 – There shall be charged each year for grants in aid for the states like Assam, Bihar, Orissa and West Bengal from the export duty collected for jute by the union as long as the union is collecting the export duty for jute.

This amount is as prescribed by the finance commission.

Article 274 – Any bill or amendment which is changing or imposes a tax in which a state is involved, changing the definition of agriculture income or imposing surcharges can only be done by law in parliament.

Article 275 – Grant in aid for states in need of assistance shall be charged from the CFI. This grant will be revenue expenditure not capital expenditure in union budget even though the state may use it for capital purposes.

Article 276 – Even though income tax is on the union list, no law of the legislature of the state for the benefit of municipality, district board etc, shall be invalid on the grounds that it relates to tax on income. It shall not exceed Rs.2500/annum. Example is professional tax.

Article 277 – Not there

Article 278 – Repealed

Article 279 – Net proceeds are basically total tax collected minus cost of collection

Article 280 – Finance commission shall be constituted by the president and the qualifications required shall be decided by the parliament by law to be a part of the commission

Recommendations it makes

Distribution of net proceeds of taxes collected between state and centre Grants in aid given out to states Finance commission of the state – grants to panchayat and municipalities Any other matters the president may require the finance commission to do

Article 281 – President shall lay the recommendations of the finance commission along with provision of this constitution and a memorandum of action to be taken to be laid out in the parliament.

Article 282 – Union or state may make grants for any public purpose irrespective of state or union laws

Article 283 – The regulation and rules of central and state funds shall be made by the President or Governor respectively.

Article 284 – Any officer of the union or the state who receives money in such capacity other than revenues or public moneys raised by the governments shall be deposited to public accounts of state or India.

Article 285 – Property of the union shall be exempt from state tax

Article 286 – No law of a state shall impose or authorize the imposition of a tax on the sale or purchase of goods where the sale or purchase happens outside the state or in case of imports or exports outside the territory of India.

Article 287 – No state tax on consumption or sale of electricity when the government of India is involved

Article 288 – No law of taxation will be valid after the commencement of the constitution by a state for the consumption of water or electricity with respect to developing inter state rivers or river valleys

Any new tax law on the above has to receive the assent of the president.

Article 289 – The property of the state shall be exempt from union taxation, but parliament may be law impose tax in case of business or income accruing.

Article 290 – Expenses of court or commissions need to be paid out of the consolidated funds of India and the state, in case the court or commission also serves separately the union and state, the distribution of funds from the consolidated funds can be arbitrated by a person appointed by the CJ of India

Article 290A – 46,50,000 rupees paid out of CFS of Kerala to the respective Devaswom fund and 13,50,000 paid out of CFS of TN to the respective Devaswom fund for the maintenance of the Hindu temples.

Article 291 - Repealed

Chapter 2 – Borrowing – Art(292-293)

Article 292 – The government of India can borrow upon the security of the consolidated fund of India as a guarantor within limits

Article 293 - The government of state can borrow upon the security of the consolidated fund of state as a guarantor within limits

The GOS can borrow from GOI. The GOS cannot borrow without the consent of GOI if it still has any outstanding loans towards it. A consent clause can be made for the same.

Chapter 3 – Property, Contracts and Suits – Art(294 -300)

Article 294 – All the property, assets, liabilities and obligations of the government of India and provinces under the crown before the commencement shall transfer to the respective GOI and GOS

Article 295 – Random stuff

Article 296 – Random stuff

Article 297 – All lands and minerals underlying in the oceans of the territorial waters shall belong to the union

Article 298 – The union or the state are competent to carry out any business or trade, acquire, hold or dispose any property or making contracts irrespective if they fall in their legislative competencies.

For example, if a particular disposal of property or business carried out by the union does not fall in the union legislative power, the union can still go ahead, but they will be under the legislative power of the state if it applies.

It can also be said the executive power the union can extend to the legislature of the state or the executive power of the state may be extend to the legislature of the union.

Article 299 – All contracts made with the union shall be made under the name of the president and for the state made under the name of the governor, but none of them will be personally liable.

Article 300 – The government of the India or state can be sued or sue like a corporate body.

Article 300A – No person shall be deprived of his property save by authority of law.

Part 13 – Art(301-307) - Trade, Commerce and Intercourse within the territory of India

Article 301 – Subject to the other provisions of this part, trade, commerce and intercourse throughout the territory of India shall be free.

Article 302- Parliament may impose such restriction as required on trade and commerce for greater good and public interest

Article 303 – Neither the Parliament nor the legislature of any state shall have the power to discriminate between the state over trade and commerce in the 7th schedule.

Discrimination can be made due to the scarcity of goods in that part of India. Can only be made by the Parliament.

Article 304 – State may by law impose taxes to goods imported from other states if similar goods are being manufactured or produced in that state so as to not discriminate between the goods

States may impose reasonable restriction on trade and commerce for public interest.

Such law shall only be introduced with the previous sanction of the President.

Article 305 - Nothing in article 301 and 303 shall affect the provisions of any existing law except in so far as the president may by order otherwise direct. “Commencement of the constitution.”

Article 306 – Repealed

Article 307 – To ensure the effectiveness of the articles in this part, Parliament may by law appoint an authority which is the inter state council.

“Then comes Article 304 which is non-obstante clause both to Article 301 and Article 303 and it empowers the Legislature of a State under Clause (a) to impose on goods imported from other States any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced, and under Clause (b) to impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within the State as may be required in the public interest.”

Part 14 – Art(308-323) – Services under the union and states

Chapter 1 – Services - Art(308-314)

Article 308 – In this part states do not include J&K

Article 309 – Acts of the appropriate legislatures may regulate the recruitment of persons to public services and posts in connection to the affairs of the union or states. The President and Governor shall make such rules until the above acts come into place.

Article 310 – Every person who is a part of the defence services or all India services shall hold office during the pleasure of the president. For state services he shall hold office during the pleasure of the governor.

The President or Governor may allow for persons not being a part of the above services hold office through a contract.

Article 311 – No person appointed in the above services shall be dismissed or removed by a subordinate authority than the one which appointed him, such person if removed or reduced in rank shall have the benefit of an inquiry and be represented.

If inquiry deems no representation is required from the evidence of the investigation, its ok to not have representation.

No inquiry is required if he has been convicted on a criminal charge, the authority empowered to reduce rank or remove feels it is not required or the President/Governor feels it is not required.

Article 312 – If the RS has declared by a resolution of 2/3rds of the members present and voting for the creation of all India services, the Parliament by law shall do so. IAS, IPS and I forest S.

Article 312A – For public servants appointed by the crown, the parliament may prospectively or retrospectively make changes of their employment conditions(leave, remuneration, disciplinary matters) or pensions(retired persons) through the 28th amendment act 1972.

But if he has held the post of Judge, CAG, UPSC, SPSC or CEC, no changes to his disadvantage can be made.

Article 313 – Until other provision is made, all laws before the commencement with respect to public service shall continue to exist.

Article 314 – Repealed

Chapter 2 – Public Service Commissions - Art(315-323)

Article 315 – Formation of UPSC, SPSC or JPSC, JPSC can be formed by more than 2 state legislatures agreeing to it. UPSC can serve state needs if the Governor requests for it.

Article 316 – Chairman and members of UPSC and JPSC shall be appointed by the President and of SPSC shall be appointed by the Governor. To be eligible to be a member of the PSCs one has to have held office under any government in India for at least 10 years.

If the office of the chairman is vacant, the President or Governor(SPSC) can appoint some other member of the committee as Acting Chairman.

He shall hold office for a term of 6 years or till he reaches the age of 65 for UPSC or 62 for others.

Article 317 – Chairman or any other member of a Public service commission can only be removed on the ground of misbehaviour by the orders of the president after the president has referred for the advice of the Supreme Court.

They may be suspended while the SC is discussing the issue by the President or the Governor(SPSC)

Apart from misbehaviour a member can be removed if he adjudged and insolvent, engages another outside paid employment, unfit in the opinion of the President.

Misbehaviour means becoming concerned with any contract or agreement with the GOI or GOS and getting undue benefits.

Article 318 – President or Governor (SPSC) may make provisions for the number of members in a commission, conditions of their service and number of staff required by them.

Article 319 – On ceasing to hold office, UPSC chairman shall no hold any office with the Government of India or State

Chairman of SPSC can be a part of UPSC as chairman or member. He can also be chairman of another SPSC

Member of the UPSC can be Chairman of the UPSC or chairman of any SPSC.

Member of the SPSC can be the Chairman, Member of UPSC or chairman of that SPSC or any other SPSC.

Member of SPSC can’t be member of any other SPSC without promotion Once you become a member of the PSC you can’t be employed in any other public office

under any government.

Article 320 – Duty of the UPSC, SPSC or JPSC to conduct examinations, recruitments and appointments for the services of the union or states. They will also be consulted for the disciplinary actions against one of their recruits. They will also receive claims for legal fees of their recruits to defend themselves in a court for performing his duties and also claims for pension in respect to injuries sustained during the performance of his duties.

Article 321 – Parliament or Legislature of state may by law confer additional functions on the PSCs

Article 322 – Expenses of the UPSC or the SPSC shall go to the respective consolidated funds.

Article 323 – Annual report of the work done by the PSCs to the President or the Governor.

Part 14A – Art(323-323A) – Tribunals

Article 323A – Parliament may by law provide for the creation of Administrative tribunals to deal with disputes related to the recruitment and conditions of service of public servants.

Parliament may create an administrative tribunal for the union and separate one for each state or two or more states.

Parliament shall also define the jurisdiction and powers of these tribunals.

Article 323B – Other tribunals can be formed for the subject list in this articles. The Tribunals for the subjects shall be created through law by the respective legislature which the power to make laws over those subjects.

Part 15 – Art(324 – 329A) – Elections

Article 324 – The superintendence, direction and control of the preparation of the electoral rolls and the conduct of the elections for the parliament and the legislatures of every state shall be vested in the election commission.

It shall consist of a chief election commissioner and 2 other election commissioner as appointed by the president and subject to provisions made by the parliament.

If multiple election commissioners are appointed the CEC will be the chairman of the commission.

Before each general election to the house of the people, LA and LC there shall be regional commissioners appointed on consultation with the election commission. Tenure and conditions of service of RC and ECs shall be decided by the president. The CEC can only be removed by like Judges and the conditions of service shall not be varied to his disadvantage after his appointment.

Staff may be appointed by the president for the election commission or by the governor for the regional commissioners

Article 325 – There shall be one general electoral roll for every territorial constituency for election to either house of parliament or either house of legislature of state. No person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll on grounds of race, religion, caste, sex or any of them.

Article 326 – Adult suffrage, anyone who is below 18 years can vote. A voter can be disqualified on the basis of non-residence, unsound mind, crime, corrupt or any of the them.

Article 327 – from time to time parliament can make laws relating to elections including electoral rolls and delimitation of constituencies throughout India , and all others matters for securing due constitution of the houses.

Article 328 – if parliament does not make any of the required provisions, the legislature of state can do so for the state for the due constitution of the houses including the preparation of the electoral rolls. Apparently can’t make laws for delimitation of the constituencies.

Article 329 – Laws made for delimitation of the constituencies or allotment of seats or laws made under article 327 and 328 shall not be called into question by any court. The election to either house or state legislation cannot be called into question except by filing a petition to the election commission.

Article 329A – repealed.

Part 16 – Art(330-342) – Special provisions relating to certain classes

Article 330 – Reservation in the house of the people for SC/ST/ST (Autonomous Assam). The number of seats reserved in any state is proportional to the population of those classes in those states.

Article 331 – Representation of the anglo India community will be not more than 2 through the nomination by the president.

Article 332 – Same as 330 in the states, the reserved seats will be proportional to the population of those classes in the states.

Article 333 – Governor can nominate 1 member of the anglo Indian community to the legislature of the state if they are not adequately represented.

Article 334 – Reservation shall cease to have effect after 60 years from the commencement of the constitution.

Article 335 – Claims of the members of the SC/ST shall be taken into consideration for the efficient maintenance of the administration. It can include lowering of marks or standards of evaluation etc.

Article 336 – Anglo Indian reservations, till 2 years after commencement same as before aug 1947, but after the 2 years, the reservations will be 10% less for every succeeding year. After 10 years the reservation shall cease to exist (Postal, Telegraph, Customs, and Railway).

Article 337 – Anglo Indian education grants for the first 3 financial years after the commencement will be the same as before the 1948 start of the financial year and for every 3 years after that it shall reduce by 10%. This will cease to exist after 10 years after the commencement of the constitution.

Article 338 – There shall be a commission for SC known as National commission for SC. Subject to provisions by the parliament it shall have a chairman, VC and 3 other members and the conditions of the service and tenure of the above shall be decided by the president.

Article 338A – Same as above but for STs. These commissions shall have the power to regulate its own procedure. These commissions shall have the power of a civil court. The duty of the commission is to help the upliftment of the SC/ST community.

Article 339 – President can appoint a commission to report on the administration of the SC/ST areas. The executive power the union shall extend to directing states to drawing up and implementing schemes for the welfare of these areas.

Article 340 – 342 – Appointing some random commissions to do some random stuff.

Part 17 – Art(343-351) – Official Language

Chapter 1 – Language of the union

Article 343 – The official languages of the union are English and Hindi

Article 344 – President shall ensure progress of Hindi through commission and committee

Chapter 2 – Regional Language

Article 345 – Legislatures of state may appoint their own official languages and it may include Hindi or English

Article 346 – Official language between the union and states will be the official language of the Union. Official language between states can be different than the one of the Union of the two or more of those states agree to it.

Article 347 – If the president feels that a significant population of a state speak a particular language then the President can direct that language be officially recognized as one of the official languages of the state

Chapter 3 – Language of the Supreme and High courts

Article 348 – All written texts, orders, bills and acts will be in English but the official language of the proceedings may be authorization of the governor with the consent of the president may be different and be one of the local languages.

Article 349 - ?

Chapter 4 – Special directives

Article 350 – Every person shall be entitled to submit a representation for the redress of any grievance to any authority of union or state in any of the languages used in the union or the state

Article 350A – State to provide adequate facilities for the instruction of primary education for children belonging to linguistic minority in their mother tongue, and the president may issue directions as he considers necessary for the provision of such facilities.

Article 350B – Special officer for linguistic minorities to be appointed by the president who shall safeguard their interests

Article 351 – It shall be the duty of the union to promote and spread the Hindi Language.

Part 18 – Art(352-360) – Emergency Provisions

Article 352 – If the president is satisfied that a grave emergency exists whereby the security of India is threatened by external aggression or armed rebellion he may declare by proclamation an emergency.

An emergency proclamation maybe revoked by a subsequent proclamation. Proclamation can only be issued by the president by written communication from the council of ministers.

The proclamation once issued for emergency will have a validity of one month if not passed by both houses of the parliament.

If the house of the people is dissolved then only the council of states has the power to pass such a resolution.

Now during the emergency a new lok sabha has been elected they have to pass it by a resolution within 30 days of the first assembly or it will cease to exist, the emergency.

The emergency can be continued for another six months by passing a resolution by both houses of the parliament. Now if the Lok sabha is dissolved when the continuance is asked, it shall exist but only till the new lok sabha is elected and they within a period of 1 month pass it by a resolution.

A resolution for emergency can only be passed by majority resolution by 2/3rds of the members present and voting.

An emergency can be revoked by a proclamation by the president or it is passed by a resolution by the lok sabha. The resolution can be introduced by 1/10th of the total members of the house of Lok sabha.

The resolution will be given to the speaker if they are in session, or else to the president if not in session and a special sitting will be called within 14 days this notice has been received by the speaker.

The president can issue multiple proclamations on different grounds like external aggression/war/armed rebellion etc.

Article 353 – During the emergency the executive power of the union extends beyond the union list so does the power to make laws for.

Article 354 – During emergency financial provisions between articles 268 and 279 can be modified or given exceptions, but not beyond the financial year in which the emergency ended. Both the houses of parliament must be notified.

Article 355 – It shall be the duty of the union to protect all states during the time of emergency.

Article 356 – Failure of the constitutional machinery in a state, on the recommendation of the governor the president can impose the president’s rule or state emergency.

Parliament will take up the role of the LA and President will take up the role of the government of state and the governor.

The president can suspend in whole or part provisions of the constitution relating to the states. The president cannot assume the role of the high courts

Every proclamation shall be put in front of the parliament and will cease to operate in 2 months unless approved by both houses.

If house of people is dissolved it will be passed by the rajya sabha but has to be approved by the next house within 1 month of their assembly.

A proclamation will have a duration of 6 months, unless a resolution for continuance has been passed by both houses it will be continued further for a period of 6 months. But it shall not be more than 3 years.

In case the house of the people is dissolved for the continuance, it shall be put forth the new LS and has to be approved within 1 month else it will cease to operate.

Even though maximum period is 3 years, it cannot go beyond 1 year unless there is proclamation of emergency in the whole of India or election commission certifies that it is difficult to conduct elections in the state.

Article 357 - Exercise of legislative powers under Proclamation issued under article 356 - the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

The parliament can basically delegate legislative powers to the president and can use the consolidated fund of the state.

Any law made during the proclamation of emergency shall continue to exist unless repealed or modified by the next LA

Article 358 - Suspension of provisions of article 19 during emergencies - any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

Article 359 - the President of India can suspend all on going proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

Article 359A – Repealed

Article 360 – Financial emergency can be invoked by the President or revoked. Has a validity of 2 months just like in president’s rule of states.

During the period of emergency, the union can give directions on financial matters and other directions as the president may deem necessary.

During this period, the salaries of public servants may be decreased, state money bills will have to be authorized by the president.

Part 19 – Art(361-367) – Miscellaneous

Article 361 – The president or the governor shall not be answerable to any court for the exercise of his duties and powers of his office or any act done by him in the performance of his powers and duties

The conduct of the president may be brought under review by any court or body appointed by the parliament, provided that the GOI or GOS can be proceeded against.

No criminal proceedings shall be constituted against the president or governor of any state during the term of his office. They cannot even be arrested during the tenure of their office

Article 361A – No person shall be liable to any proceedings or in any court for the publication of a substantially true report of any proceedings of either house of parliament or LA or LC. But can be tried for publishing something done during a secret setting of the above houses

Publishing can be in any form of news media.

Article 361B – If any member has been disqualified under paragraph 2 of the 10 th schedule , he shall not hold any remunerative political post for the period of his disqualification.

Article 362 – Repealed

Article 363 – No court shall have jurisdiction over treaties or agreements between princely states, governments under dominion etc made before the commencement of the constitution.

Article 363A – from the 26th amendment act of 1971, no ruler shall be paid privy purse and the concept of privy purse shall be abolished. There will also be no concept of a ruler of any Indian state henceforth.

Article 364 – The president through public notification may ensure that any law made by the parliament or LA/LA shall not apply to any major port or aerodrome subject to exceptions or modificaitons

Article 365 – If the state fails to comply with the directions of the union where it may apply, presidents rule in the state may be enforced.

Article 366 – Agriculture income means as defined for the purpose of IT and Anglo Indian means a person whose father or any of the other male progenitors was of European descent but now a resident of India or parents were residents of India.

Article 367 – Some random stuff

Part 20 – Art(368) – Amendment to the constitution

There are 3 types of amendments of the constitution

1) Either house may introduce an amendment and has to be passed by both house with majority with 2/3rds of the members present and voting

2) If it includes some stuff to do with states or other articles specified in this article, it needs to be ratified by not less than ½ of the states of India also as resolutions passed in their respective legislatures.

3) Amendments through simple majority like any ordinary bill, article 4 and article 169 are examples. This can have a joint sitting unlike the above 2.

Part 21 – Art(369-392) – Temporary, Transitional and Special Provisions

Article 369 – Temporary power of parliament to make laws with respect to certain matters in the state list as if they were matters in the concurrent list

Article 370 – The power of parliament to make laws in J&K shall be subject to the Instrument of accession, article 1 and this article shall apply to the state of J&K and no other article shall apply.

No such order which relates to the matters in the instrument of accession shall apply be issued without the consultation of the state

This article specifies that except for Defence, Foreign Affairs, Finance and Communications,(matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

Article 371 – Special provision with respect to Maharashtra and Gujarat

Article 371A – The Special provisions with respect to the state of Nagaland, states that no act of parliament shall apply to the Naga traditions.

Article 371B – Special provision with respect to Assam

Article 371C – Special provision with respect to Manipur

Article 371D – Special provision with respect to the state of AP

Article 371E – Establishment of central university in AP

Article 371F – Special provision for the state of Sikkim

Article 371G – Special provision for the state of Mizoram

Article 371H – Special provision for the state of Arunachal Pradesh

Article 371I – Special provision for the state of Goa

Article 371J – Special provision for the state of Karnataka

Article 372 – Except those acts mentioned in article 395, all the laws before the commencement of the constitution shall continue to exist until altered or repealed or amended by a competent legislature. Within 3 years of the commencement of the constitution the president can do the above modifications if required for expediency which can again be altered by the competent legislature

Article 372A – Something similar to the above

Article 373 – Until the parliament can make a law for the article 22 clause 7 the president can issue an order for the same. T

he time given to the Parliament is one year.

Article 374 – Judges of the federal court shall become the judges of the Supreme Court and their previous rulings shall not be invalidated

Article 375 – All courts shall continue to exercise their respective functions subject to the provisions of the constitution

Article 376 – Judges of High court in the provinces or states shall become the judges of the high court in the states on the commencement of the constitution

Article 377 – Auditor General of India before commencement shall be the AG of India after commencement

Article 378 – Members of the PSCs shall continue to hold office after the commencement

Article 378A – Something to do with the assembly of AP after reorganization act 1956, the assembly will continue for a period of 5 years from the date referred to in section 29 of the above act and after the expiration of the period it shall be considered to be dissolved.

Article 379-391 – Repealed

Article 392 – The president to remove difficulties during transition from the GOI Act 1935 and for expediency may make modifications to the laws as he deem necessary. He cannot make these modifications after the first meeting of the parliament.

Part 22 – Art(393-395) – Short title, commencement, authoritative text and repeals

Article 393 – This constitution may be called the constitution of India

Article 394 – Certain articles will come into force on 26th November 1949 and the rest on 26th January 1950

Article 394A – President shall cause translation of this constitution and it’s amendments in Hindi language with the necessary modifications signed by the members of the constituent assembly. The translation shall have the same meaning as the one original English constitution.

Article 395 – The Indian independence act, the government of India act 1935 and all its amendments shall be repealed. The Privy Council jurisdiction act of 1949 shall not be repealed.