Polity Notes for SSC

Firstly (in world) the "idea of constituent Assembly" given by Henry man of England.
पहला दे श सं वधान लागू करने वाला America और 2nd France.
Supreme Count Came in India by Ragulatory Act of 1773. It opened first in Kolkata in
1774.
1895 म Bal Gangadhar Tilak ने Swaraj Bill के मा यम से greater autonomy and self-
governance for Indians within the British Empire क Demand Ki. (While the bill did not
specifically call for a Constituent Assembly, it laid the groundwork for the idea of self-rule
and inspired future demands for a democratic framework to draft India's constitution)
In 1922 Mahatma Gandhi Told that we need Constitution और कहा क Constitution
Indians के वारा ह बनाई जाएगी। (Mahatma Gandhi did not explicitly demand a Constituent
Assembly)

1923 म Swaraj Party formed by CR Das & Motilal Nehru.

INC in 1885 formed by A.O Hume and named by Dadabhai Naroji.
1924 म Motilal Nehru ने Demand क C. As. क . (Not a direct demand)
1925 kakori train Action.
In 1928, Motilal Nehru chaired the Nehru Committee, which was set up by the All
Parties Conference to draft a constitution for India. The committee's report, known as
the Nehru Report, proposed a framework for self-governance and a dominion status for
India within the British Empire. While the report did not explicitly use the term
"Constituent Assembly," it was a significant step toward the idea of Indians drafting their
own constitution.
The explicit demand for a Constituent Assembly emerged later, in the 1930s,
particularly after the failure of the Government of India Act, 1935, to satisfy Indian
aspirations. “The Indian National Congress formally & officially demanded a Constituent
Assembly in 1934 session in Bombay”.
In 1934 M.N. Roy firstly(and directly) proposed the idea for “Constituent Assembly” for
India.
The demand gained further momentum in the 1937 session of the INC at Faizpur, where
the idea of a Constituent Assembly was reiterated(repeated).
Sikkim become Indian State in 1975.
AUGUST OFFER 1940;
The August Offer was a proposal made by the British government in 1940 during World War II, aimed at securing
Indian cooperation in the war effort. It was announced by Viceroy Lord Linlithgow on August 8, 1940. The key
points of the offer included:

1. Dominion status for India after the war.

2. Expansion of the Viceroy's Executive Council to include more Indians.
3. Establishment of a representative body to draft a new constitution after the war.
4. No future constitution would be adopted without the consent of minorities (e.g., Muslims,
Sikhs).

It was rejected:

1. Congress: Rejected it because it did not promise immediate independence or a concrete

timeline for self-rule. They demanded complete freedom and a constituent assembly to
draft the constitution.
2. Muslim League: Rejected it because it did not explicitly guarantee the creation of Pakistan
or address their demand for separate electorates adequately.

CRIPPS MISSION 1942;(POST DATED CHEQUE BY M.K GANDHI)

The Cripps Mission was a British initiative in March 1942, led by Sir Stafford Cripps, to secure Indian
support for World War II. The proposal included:

1. Dominion status for India after the war.

2. A post-war constituent assembly to draft a constitution, with members elected by
Indians and nominated by princely states.
3. Any province or princely state could opt out of the Indian Union and form its own
constitution.
4. Immediate Indian participation in the Viceroy's Executive Council, with defense remaining
under British control.

It was rejected:

1. Congress: Rejected it because:

It did not guarantee immediate independence.
o
Defense remained under British control.
o
o The provision for provinces to opt out threatened national unity.
2. Muslim League: Rejected it because:
o It did not explicitly promise the creation of Pakistan.
o The constituent assembly's decisions required provincial consent, which they feared
would hinder their demand for a separate state.
CABINET MISSION 1946;
The Cabinet Mission was a delegation sent by the British government in 1946 to propose a plan for
Indian independence and resolve the political deadlock between the Indian National Congress
and the Muslim League. The key proposals were:

1. A united India with a loose federal structure, comprising:

o A central government handling defense, foreign affairs, and communications.
o Groupings of provinces (Group A: Hindu-majority, Group B: Muslim-majority
northwest, Group C: Muslim-majority northeast) with autonomy over other subjects.
2. A constituent assembly to draft the constitution.
3. Interim government with representatives from major political parties.

Election held in - July 1946, Total Seats-389

Seats won- INC-208, Others-8, muslim League - 73, rest all-1 (Each)

First meeting of Const. Assem. 9 Dec. 1946 in New Delhi (211 members joined) Muslim league and
Hyderabad didn’t joined.
Dr. Sachidananda Sinha the first president (temporarily maded to preside over the first meeting)

2nd meeting on 11 Dec and Dr. Rajendra Prasad was elected as President of C. Assembly & Vice presidents
as H.C Mukherji and V. P. Krishnamachari.

3rd meeting held on 13 Dec and Jawaharlal Nehru presented the “Objective Resolution” (It was accepted
on 22 Jan 1947)

There were 8 major & 13 minor committee’s in Constituent assembly.

o Union Powers Committee, Union Constitution Committee, States Committee, Special Committee to
Examine the Draft Constitution chaired by Jawaharlal Nehru.
o Provincial Constitution Committee, Advisory Committee on Fundamental Rights, Minorities, and
Tribal and Excluded Areas, chaired by Sardar Vallabhbhai Patel.
o Rules of Procedure Committee, Steering Committee, Finance and Staff Committee chaired by Dr.
Rajendra Prasad.
o Linguistic Provinces Commission chaired by S.K Dar & Committee on Tribal Areas chaired by
Gopinath Bardoloi.

Drafting committee-headed by Baba Saheb Ambedkar (have 7 members) formed on 29th

Aug 1947
2. N. Gopalaswamy Ayyangar, 3. Alladi Krishnaswami Ayyar, 4. Dr. K.M munshi, [Link] mohammed
Saadullah, 6. N. madava Rau(he replaced BL mitter who resigned ill health, 7. T.T. Krishnamachari (he
replaced DP Khaitan died in 1948)
First Draft- Feb. 1948, 2nd- Oct. 1948, 3rd & last-4th Nov 1948

284 members of 299 (The Constituent Assembly of India had a total of 389 members when it was first
constituted in December 1946. However, after the partition of India in August 1947, the number of
members was reduced to 299), presented on 26 Nov. 1949 Signed the final constitution.
At this time constitution has 22 parts, 395 Articles, 8 schedule.
 Now it has 25 parts, 448 Articles, 12 schedule.

o Constitution ke ा प पर 114 दन चचा हुई।

o Approx 64 Lakhs were spend during this all course.
o Last meeting was on 24th Jan. 1950 & Rajendra Prasad was app. as President of India.
o Const. Assembly consists of 15 womens.
o Benegal Narsing Rau was Legal Advisor.
o H. V. R Iyengar ar was Secretary of const. Ass.
o Prem Bihari Narain Raizada was the calligrapher.
o National flag adopted- 22nd July 1947
o National Anthem adopted- 24 Jan 1950
o National Song (Geet)- 24 Jan 1950
o Rammanohar Singh did the geometry & beautification of Constitution.

Interim Government (The government before Independence) has 14 ministers.

2nd Sep 1946 – 15th Aug 1947

First General Election (After Independence) started on 25th Oct. 1951 continued till 21st Feb.
1952 - Abul Kalam Azad as Education minister, Rajkumari Amrit kaur as Health minister, B.R
Ambedkar as Law minister, Sardar Vallabh Patel as Home minister, and Baldev singh as
Defence minister were elected.

 Dr. Ambedkar has called the constitution a sacred document.

 The Indian Constitution been called the ‘Lawyers Gold’ because the no. of lawyers in the constituent
assembly was very high.
 Lord viscount has called it a ‘body of Hindus’

Borrowing features of Our Constitution;

1. United States of America- fundamental Rights, Judicial review, Independence of Judiciary,
Impeachment (पद से हटाना) of president, Post of vice president, Preamble, Removal of High Court &
Supreme C. Judges, Financial Emergency (अभी तक नह लगी है भारत म).
2. United Kingdom- Parliamentary System, Single citizenship, writs, Bicameralism (having two
houses L. Sabha and R. Sabha in India).
3. Australia- Concurrent list, Language of Preamble, Joint sitting of the 2 Houses of Parliament,
freedom of trade & commerce within country or b/w States.
4. Canada- A quasi federal form of government, Residual powers retained by Central government,
Distribution of Powers b/w State & central, Appointment of State Governers by Centre.
5. Ireland- Directive principles of State Policy, method of election of President, Nomination of
members of Rajya Sabha.
6. USSR(Union of Soviat Socialist Republic)- fundamental Duties, Planning Commission.
7. South Africa- Procedure of Amendment.
8. France- Ideals of liberty, equality & fraternity in the Preamble.
 9. Germany- Suspension of fundamental rights during emergency (only Article 20,21 not
suspended during emergency).
10. Japan- Procedure established by law.

We took 250/395(total of our constitution) articles from the “GOVERNMENT OF INDIA ACT 1935”.

PART-1 UNION AND IT’S TERRITORY

A-1, Name and Territory of the Union

India is Union of States, “India is an Imperishable union of perishable states”.

A-2, Admission or Establishment of new states

Parliament may by law admit or establish new states into the Union on such terms and conditions as it
thinks fit.
 It allows the Parliament of India to admit new states into the Union or establish new states on terms and
conditions it deems fit.
 It is primarily concerned with the addition of new states to India, which could include territories that were
not previously part of India (e.g., Sikkim, which joined India in 1975).

A-3, Creation of new states and alteration of areas, boundaries or names of existing states.
 It empowers Parliament to reorganize existing states within the Union.
 This includes creating new states by separating territory from existing states, merging states,
changing state boundaries, or altering the names of states.
 Article 3 is used for internal reorganization of states (e.g., the creation of Telangana from Andhra
Pradesh in 2014).

#Article 4 says that change in Article 2 & 3 doesn’t consider as C. Amendment.

When the Constitution of India came into effect on January 26, 1950, India was
organized into;
Part A States (9 states): These were former British provinces governed by elected legislatures and Chief
Ministers.
Part B States (9 states): These were former princely states or groups of princely states, governed by
Rajpramukhs.
Part C States (10 states): These were smaller states and chief commissioners' provinces, governed by Chief
Commissioners.
Part D Territories (1 territory): These were administered directly by the central government.
 States: 28 (9 Part A, 9 Part B, and 10 Part C states)
 Union Territories: 1 (Andaman and Nicobar Islands)

(In the time when constitution making on it’s peak there is a demand arising from different states for making new
states on linguistic basis. For such purpose mainly 3 commissions are made in different times according to time’s
need)

1. S.K Dhar Commission (1948) – Appointed on June 1948 and Submitted report on Dec.
1948. It denied Linguistic basis division of states. (formed by Dr. Rajendra Prasad)
2. J.V.P Committee (1948-49) – Appointed on Dec. 1948 and report Submitted on April
1949. It initially opposed linguistic reorganization but later conceded to the creation
of Andhra Pradesh for Telugu-speaking people due to widespread protests.
1st Oct. 1953 – First language-based state Andhra Pradesh was formed due to the death of Potti Sriramulu
as he’s on fast for too many days demanding for Telugu state.

3. State Reorganisation Commission (1953-55) – Formed by Central Government on Aug.

1953 Chaired by Fazal Ali with K.M Panikkar and H.N kunzru to recommend the
reorganisation of state boundaries in India. Submitted report on Sept. 1955.
On 1st Nov. 1956 by 7th Const. Amendment State Reorganisation Act 1956 Introduced in India Creating
14 States and 6 Union Territories.

#FOR CONSTITUTION AMENDMENT WE NEED SPECIAL MAJORITY IN PARLIAMENT WHICH IS 2/3 OF THE TOTAL MEMBERS OF PARLIAMENT i.e 66.7%
votes in favour.

PART-2 cITIZENSHIP

A-5, Every person who is domiciled in India at the commencement of the Constitution shall
be a citizen of India if he fulfils one of the following conditions;
 Born in India,
 Either of his parents was born in the territory of India,
 has been a resident for at least 5 years before Constitution came in force.

A-6, Citizenship to people who have migrated from Pakistan.

A-8, Citizenship to persons of Indian origin living outside India.
A-9, If a person voluntarily takes foreign citizenship, his citizenship will be terminated.
A-11, Powe of Parliament to make laws on acquisition(something that you have obtained or
bought) and termination of citizenship.

Indian Citizenship Act 1955 Acquisition and Termination of Citizenship – By this a person
can obtain Indian citizenship by these 5 ways: [Trick – BRAND]
1. On the basis of birth- Born in India after 26th January 1950
After 2004, Child born will be Indian citizen if both his parents are citizens of India.
2. By Registration-Registration has to be done after staying in India for 7 years.
 Applicable to specific categories, such as Persons of Indian Origin (PIOs), spouses of Indian
citizens, or minor children of Indian citizens.
3. Acquired Area-If any foreign territory is included in India, then it’s citizens will be
declared as citizens of India.
4. By naturalization- If foreign national(any individual who is not a citizen of India) wants to take
citizenship of India. For this a person has to renunciate his previous citizenship.
 Granted to foreign nationals who have resided in India for at least 11 years (reduced to 5 years for
certain categories like refugees or individuals with exceptional service to India).
5. On the basis of lineage(Descent)- After Dec. 2004 a person born outside India has to
register with an Indian diplomatic office within one year of his birth.
LOSS OF INDIAN CITIZENSHIP –
1. Renunciation(by self)- By applying to lose the citizenship.
2. Termination- If a person by self takes citizenship of other country then his Indian
citizenship is cancelled.
3. Deprivation(taken by government)- Government takes citizenship if residing outside for 7
years continuously, disloyal to constitution, unlawful trade.

4. If a person within 5 years of getting Indian citizenship been imprisoned in other country
for 2+ years.

PART-3, FUNDAMENTAL RIGHTS (MAGNA CARTA OF INDIA)

Originally-7 but now-6, taken form USA* and they are justiciable

According to A-12 ‘the State’ includes the

1. Government and Parliament of India
2. Government and Legislature of States
3. All local or other authorities such as municipalities, panchayats, district boards,
improvement trusts, etc. within the territory of India or under the control of
Government of India.

Right to Equality(14-18)
A-14, Equality before Law
A-15, Prohibition of discrimination on religion, race, caste
A-16, Equality of opportuanity in public employment mattes
A-17, Abolition of untouchability
A-18, Abolition of titles
Equality before the law taken from U. Kingdom & Equal protection of law from USA
(By 103rd Amendment Act 2019, Economically poor Generals can get a max of 10% reservation)

Right to Freedom(19-22)

A-19, Gives 6 freedoms to us;

 Freedom of Speech & expression (freedom of Press includes)
 To assemble Peacefully and without arms
 form associations. or unions or co-operative Societies
 To move freely throughout the territory of India
 To reside and settle in any part of India
 To practice any profession, or to carry any occupation, trade on business

A-20, Protection in respect of conviction for offences

 No person shall be a criminal unless he is proved to be guilty
 No person can be punished for same offence more than once
 No person can be compelled(forced) to testify or produce evidence against himself

A-21, Right to life and Personal liberty(most time interpreted by Supreme Court)
A-21(a), The state shall provide free and compulsory education to all children of 6-14
age group(added by 86th Amendment 2002)
#In National Emergency All rights can be suspended except for Article 20&21.

A-22, Protection against arrest and detention in Certain cases

 Right to be informed before arrest. ( गर तार वारं ट दखाना होगा अ धकार को)
 Right to Consult (Advocate, Lawer, or other)
 Right to be produced before a magistrate within 24 hour
 Right to be released unless the magistrate authorizes

Right against Exploitation(23-24)

A-23, Prohibition of human trafficking (slavery, prostitution) and forced labour
A-24, No child below the age 14 Shall be employed to work in any factory, mine, or
any other hazardous employment

Right to Religion(25-28)
A-25, freedom of profess, practice and propagate religion freely by conscience
A-26, freedom to manage Religious Affairs
A-27, freedom from Taxation for promotion of Religion(means tax free)
A-28, freedomto Attend Religious Instruction or religious worship in educational
institutions

Cultural and Educational Rights(29-30)

A-29, Right to preserve it’s own special language, script and culture
A-30, Establishment of educational istitutions and their administration rghts, this
matter is for minorities Muslim, Sikh, Christian, Jain, Buddhist, Parsi

#Articles 15,16,19,29,30 are for Indian Citizens only

Right to Constitutional Remedies(A-32)- Dr. B.R Ambedkar considered this article as soul
of Indian Constitution
(जब भी कसी यि त के F. Rights का उ लंघन होता है तब S. court और H. court writ
जार करते ह) Writs are of 5 types;

1. Habeas Corpus- This writ is used to enforce the fundamental right of individual
liberty against Unlawful detention. (यह उस य त क request पर जार क जा त है
who thinks क उसे illegal बंद बनाया गया है ,इसम court detention officer को order
करता है क वह उस य त को court me उपि थत करे )
2. Mandamus(परमादे श)- The literal meaning "we command’s this writ is used by the
court to order the Public official who has failed to perform his duty or refused to do
his duty.
 3. Prohibition- जब कोई lower court extends their jurisdiction which was not meant to
them acc. to act then higher court issues this writ. (In this type of order, the court
orders its subordinate court that it should not proceed with this case on its own, it is
out of their jurisdiction)
4. Certiorari- This writ Came to play when question of Constitutional Validity arises
and it is issued by Sup. Court or by high Court. It is issued to quash the decision of
dis. court or lower court. #(This writ is issued when a lower court gives its judgement on a topic/case which is
not meant to them but if the judgement wasn’t given and was in trial then prohibition writ should be issued to stop
giving the judgement)
5. Quo-Warranto(अ धकार - छा)- ‘legal action’ requiring a person to show by what
warrant an office or franchise is held/claimed by the person.

A-33, Limits the Fund. Rights of Members of armed forces, paramilitary forces,
intelligence agencies, and similar forces.

Rights outside part 3 are;

Article 300(a) Part12; Right to acquire property(ये पहले एक मौ लक अ धकार था Article 31’ ले कन अब एक
Legal Right है ) Transformed to Legal right by 44th constitution amendment 1978
Article 301; Freedom of commerce and trade
Article 326; Right to vote

PART-4, DPSP
Taken from Ireland & are non-justiciable
(b.R Ambedkar said dpsp as the novel feature of inidan constitution while K.T shAh Added that dpsp is a cheque that is paid at convenience of bank)

A-36, Definition of State(Same as A-12)

A-37, It shall Be the duty of the state to apply these principles in making laws and policies
but they are not justiciable it means that they are not enforceable by any court. (It is not
a binding law for state but it is their duty to follow these principles and implement it accordingly)
A-39, Certain principles to be followed by state
All citizens have equal right to get adequate means of livelihood
The ownership and control of material resources are so distri19buted as to best serve
the collective good
Equal pay for equal work for both men and women
A-39(a), Equal opportunities for promoting justice & free legal aid to the poor(By 42nd
Amendment)
A-40, Organise village panchayats As units of self-government (Lord Ripon is regarded as the
father of local self-government in India)
Village panchayats came to effect when BRM(Balwant Rai Mehta) Committee was made in 1957
#The first village panchayat, and thus the first implementation of the Panchayati Raj system in India, was
inaugurated by Prime Minister Jawaharlal Nehru in Nagaur, Rajasthan, on October 2, 1959
A-43, The state shall endeavour(to try hard) to secure all workers a living wage and a decent
standard of life
A-43(a), Secure participation of workers in the management(referring to management
department) of industries
A-44, Uniform civil code for citizens
 A21(a) F.R
They all deal with Free education A45 DPSP By 86th C.A 2002
F.D-11

A-45, Early childhood care and education to all children until 6 years of age
A-48, To organise agriculture and animal husbandry on modern and scientific line
A-48(a), Protect and improve the environment and safeguard forests and wildlife(Wildlife
Protection Act By 42nd C.A 1972)
A-49, The state shall protect every monument or place of artistic or historic interest
A-50, Separation of judiciary from Executive

PART-4(a), Fundamental Duties(by 42nd Constitution Amendment)

With 86th C.A 2002 11th Duty was added
These are only for Indian citizens but not justiciable i.e they can’t be challenged in court
Added on the recommendation of Swaran Singh Committee(1976), Inspired from USSR this
committee suggested 8 fundamental duties including paying tax also as a fundamental duty of
citizens and parliament may give punishment and apply penalty for those who were not obeying
these duties

1st Duty: To respect constitution and its institution (ex. Parliament) the national flag and
national anthem
nd
2 Duty: To cherish(to love somebody) and follow the ideals which inspired our national
struggle for freedom
3 Duty: To uphold and protect the sovereignty(रा क वयं अपना शासन चलाने क शि त),
rd

unity and integrity of India

4 Duty: To defend the country and render( दान करना) national services when called upon
th

to do so
th
5 Duty: To promote harmony and the spirit of common Brotherhood i.e fraternity amongst
all the people of India transcending(to go further than the usual limits of something)
religious, linguistic and regional or sectional diversities and to renounce practises
derogatory to the dignity of women
th
6 Duty: To value and treasure the rich heritage of our composite culture
7th Duty: To value, protect and improve natural environment like rivers, Lakes, wildlife and to
have compassion(दया भाव) for living creatures
8th Duty: To develop the scientific temper, humanism and spirit of inquiry and reform
9th Duty: To safeguard public property and abjure(to promise publicly or formally that you
will give up or not accept a belief) violence
10th Duty: To develop ourselves, strive(अ सर होना) towards excellence so that nation
constantly rise higher levels of endeavour and achievements
th
11 Duty: Duty of parent to provide education for the age of 6-14 years of their ward
Part-5, The Union

Chapter-1 : The Executive(कायपा लका)

The President-
A-52, The president of India There should be a president of India (Highest Constitutional Post in INDIA)
Extra-Rashtrapati Bhawan was built in 1931 by Edwin Lutyens and is located in Delhi on Raisina Hills of Aravali
Mountain Range. The total number of rooms in it is 340. The first person to reside in Rashtrapati Bhavan was Lord
Irwin.
A-53, The head of the executive of the Union shall be the President.
A-54, Election of President-The President Shall be elected by the elected members of both houses of
Parliament and the elected members of legislative assemblies of the states.
A-55, Method of election of President.
A-56, Term/Tenure of office of President- 5Years
A-57, Eligibility for re-election for President.
A-58, Qualifications for election as President- The person must be a citizen of India, has completed
the age of 35, qualified for election as member of House of people(Lok Sabha), he must not hold any office
of profit under the Government of India.
A-60, Oath of President- President takes oath in presence of CJI of India.
A-61, Procedure for Impeachment of President.
A-64/89, The vice president to be the ex-officio chairman of the R. Sabha
A-72, Pardon power of President.

Extra’s In relation to President-

1. Money Bill and Constitutional Amendment Bill can’t be returned by President for reconsideration once
passed by both houses of Parliament.
2. Ordinances are issued by President when there is no session of Parliament but there is a need to make a
law. so in such a situation he issues the ordinance which remains in force only for 42 days after the session
of Parliament begins after which it automatically expires but if parliament want it can pass this ordinance
and make a law.
3. Dr. Rajendra Prasad was the only President who held the post twice.
4. 1st Vice President was Dr. Sarvepalli Radhakrishnan.(Teachers Day celebrated on 5th sept. on his birthday)
5. Zakir Hussain was 1st Muslim President.(Died while he was in office)(President for shortest Period)
6. After the death of Z. Hussain while in office, V.V Giri(Vice President) was made the acting president but he
left the post to contest the next presidential election (In next election he secured the post and become 1st non-congress
President, and won by least vote margin) due to which 1st time Chief Justice of India M. Hidayatullah was made the
acting president.(served 35 days)
7. Neelam Sanjiva Reddy(youngest president till date) before becoming the president, he was the speaker of L.
Sabha and the only president of India who was elected unopposed, before becoming president he had been
the CM of Andhra Pradesh.
8. K. R Narayan was the 1st Dalit President.
9. Pratibha Patil become 1st women President in 2007(before President she was Governor of Rajasthan state).

COUNSIL OF MINISTERS-
Mainly three types of ministers:
(a)Cabinet ministers- They are heads of the major ministries of government such as defence,
Finance, Home Affairs, etc. and take their own department decisions.
(b)State ministers- These are assistant to Cabinet Minister and in case of independent charge
they can do his work with same independence as a cabinet minister.
(c)Sub/Deputy ministers- Such ministers are appointed to assist cabinet or state ministers in
their administrative, political, and parliamentary work.
A-74, There Will be council of ministers for aid and advice of the president headed by Prime
Minister.
A-75, (1)President will appoint Prime Minister and other minister will be appointed by
President on the advice of Prime Minister.
(1A) With 91st amendment 2003 the total council ministers can’t Exceed 15% of total L. Sabha
members including PM.
(2) The ministers shall hold office during the pleasure of the president.
(5) To become member of council a person should be from any house of parliament or
become a member of Parliament within 6 months.

A-76, ATTORNEY-GENERAL FOR INDIA

Chief legal advisor for the Government of India, represents Gov. of India in S. court .
President appoints a person who is qualified to be appointed as judge of S. Court
He has right of audience in all courts in the territory of India
Has right to speak in any House of Parliament or even in joint sittings but can’t vote
Holds office during the pleasure of president
1st – M. C. Setalvad
Current-

Important facts related to Prime Minister:

1. Prime minister being the head of Council of Minister so when he dies or resigns the Council of
Ministers automatically dissolves then no minister can do any work.
2. He is the chairman of NITI Aayog, National Development Council, National Integration Council, Inter-
state Council and National Water Resources Council.
3. Minimum age is not mentioned in constitution but for becoming a Lok Sabha member the age
should be 25 years hence it also applies on this post.
4. The longest tenure for PM is of Pandit Jawaharlal Nehru held the post for 16 years 9 months and 12
days and the shortest tenure is of Atal Bihari Vajpayee(only 13 days).
5. Youngest Prime Minister was Rajiv Gandhi while the oldest was Morarji Desai(1st non-congress).

CHAPTER-2 : PARLIAMENT
A-79, Constitution of Parliament(संसद का गठन)
A-80, Composition of Council of States/Upper House/R. Sabha
A-81, Composition of House of People/Lower House/L. Sabha

The Lok Sabha was first time constituted in 1952.(Currently it is 18th L. Sabha in run)
Current L. Sabha seats-543, Max. allowed by Constitution-550(states-530,UT’s-20)
By 104th Amendment 2020, The reservation of 2 seats of Anglo Indians was removed
Current R. Sabha seats-245, Max. allowed by Cons.-250(states and UT’s-238, nominated-12)
R. Sabha has no reservation for any class
Different kind of Elections for Parliament:
1. General Election- Held in every 5Y.
2. Sub Election- Held to fill a single seat or a few seats when due to various reasons these
seats are emptied like Death of member, Votes are said null and void, Left seat by self, etc.
3. Mid-term Election- these are full new elections but in mid way when gov. falls, etc.

A-83, Duration of Houses of Parliament:

For L. Sabha- 5Y
R. Sabha Never dissolute, every member elects for 6Y and in every 2Y 1/3rd of the
members retire and elections were held for recruitment of new ones

A-84, Qualification for Membership of Parliament:

For L. Sabha min. age is 25 and for R. Sabha it is 30

A-85, Sessions of Parliament: the gap between 2 session(recess) should be <6 Months
There are mainly 3 sessions: Budget(Feb-May), Monsoon(July-Sept), Winter(Nov-Dec)

Each sitting has 2 timings- 11am to 1pm and 2pm to 6pm

11am to 1pm(question hour)-
(a)Starred Questions: requires oral answer, supplementary questions allowed, in green colour
(b)Unstarred Questions: requires written answer, no supplementary questions, in white colour
(c)Short notice Questions: answered orally but answer to be given in <10 days, in pink colour
12noon to 1pm is ‘zero hour’ During this time, Members of Parliament (MPs) can raise matters
of urgent public importance without prior notice

A-93, The speaker and Deputy speaker of House of People(1st speaker was- Mr. Ganesh
Vasudev Mavalankar)
He is the constitutional and ceremonial head of the House.
He can vote on any Bill only in tie situation in House K/a ‘Casting vote’

Pro-Tem speaker: a senior(in term of experience, not age) member of L. Sabha appointed by
president is made to Preside over the first meeting of the newly constituted L. Sabha,
administers the oaths to the new members and conducts elections for the speaker position.

Quorum- No. of min. members required to be present so that the meeting of either house is
allowed to begin.
A-100, Min. members required to start Meeting is 1/10 th of total members

A-108, Joint Session: called upon by President on certain cases like dispute in both Houses of
Parliament on a bill, etc.

Ordinary bill: No specific article

Relates to any matter except money or constitutional amendments
Can be presented by any member in any House
Approval needed from: Both Houses
Needs simple majority
President can give assent, Withhold assent(reject the bill completely), Return for
reconsideration

Money bill: A-110

Deals exclusively with matters like taxation, borrowing, Consolidated Fund of India, etc
Introduced only in Lok Sabha by a Minister, on President’s recommendation
Rajya Sabha Can only make recommendations(can’t amend or reject) and can detain only for
14 days max and even if it send for recommendation L. Sabha has full right to add changes or
pass it without changes
President can’t withhold it, can’t send for reconsideration
Needs simple majority

Financial Bill: Type I (Article 117(1))

Money bill provisions (like taxes expenditure borrowing etc.) Plus Other non-money matters
(unrelated to finance)
Introduced only in Lok Sabha by a Minister, on President’s recommendation
Needs simple majority
Rajya S. can Amend, reject, or delay it (same as an Ordinary Bill)
President can give assent, Withhold assent(reject the bill completely), Return for
reconsideration

Financial Bill – Type II (Article 117(3))

Expenditure from Consolidated Fund of India, but not tax or borrowing
Any member can present President’s recommendation is needed only if it involves expenditure
Can be introduced in any House (Lok Sabha or Rajya Sabha)
Needs simple majority
Rajya S. can Amend, reject, or delay it (same as an Ordinary Bill)
President can give assent, Withhold assent(reject the bill completely), Return for
reconsideration

# If President return the bill for reconsideration – If Parliament passes it again (with or without
changes), the President must give assent.

Majorities:
Simple Majority: On the day of voting 50%+1 votes needed
Absolute Majority: 50%+1 of total members of House
Effective Majority: 50%+1 of Effective seats(Total seats-vacant seats)
Special Majority: 2/3rd of the Present members or 2/3rd of the total members of House +
rectification by half state legislatures(in some cases)