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Systems of Government
Democracy
Presidential V/s. Parliamentary Government
System of Government in India
Federal V/s. Unitary Government
Legislations During British Rule
Sources of Indian Constitution
Article, Parts and Schedule
Federation V/s Union
Territory of India V/s. Union of India
Rights
Martial Law V/s. National Emergency
Directive Principles of State Policy
Law
Amendment to the Constitution
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Emergency Provisions
President of India
Categories of Ministers
Council of Ministers V/s. Cabinet
Legislature
Bills
Types of Expenditure
Types of Funds
Committees of Parliament
Removal of Judge of Supreme Court
Panchayat Raj V/s. Urban Local Bodies
Organisations
Types of Elections
Categories of Civil Services
Planning Commission V/s. NITI Aayog
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RK IAS Academy
Polity Made Easy 3 By Gaurav Kotecha
SYSTEMS OF GOVERNMENT
Monarchy Republic Autocratic/Dictatorship
Monarchy is a system where ruler is sole
authority and the post of rules is
hereditary E.g. Saudi Arabia, Britain (In
Britain there is monarchy but real powers
are vested in Parliament)
The ruler or head of the State is elected
by the people after fix period of time.
He may be elected directly or indirectly
but the post of head of the State is not
hereditary. E.g. India, U.S.A.
In the dictatorship system of
Government mostly one person controls
all the authority, however his post is not
hereditary in nature. E.g. North Korea,
Saddam Hussein of Iraq, Hitler of
Germany.
Most of the monarchical States today are
democratic in nature i.e. king is only
titular head of the Government, all the
powers are enjoyed by representatives
elected by the people. E.g. Britain, Japan.
All of the republic systems are
democratic in nature. Democracy may
be direct or indirect in such systems.
E.g. India, U.S.A.
There is concentration of all the power.
People have no role in decision making.
They have to follow the decision of
dictator E.g. Hilter.
RK IAS Academy
Polity Made Easy 4 By Gaurav Kotecha
Democracy is the system of Government where people directly or indirectly takes part in decision making procedure of a
political system.
Types of Democracy
(On the basis of participation of the people in decision making)
Direct Democracy Indirect Democracy
In this type of democratic system people directly takes part in
decision making procedure. Citizens vote to accept a proposal
of law or reject it. Every matter is decided on the basis of
opinion of the Citizens. E.g. Switzerland.
In this type of democratic system citizens do not take part in
the decision making procedure of the political system directly.
Citizens elect their representatives and the representative takes
part in decision making procedure on behalf of his electors.
E.g. India.
Types of Indirect Democratic Government Systems
Presidential Form of Government Parliamentary Form of Government
In this type of system Head of the State or Country and Head
of the Government is same person.
There is strict separation of powers between Legislature,
executive and judiciary.
All the powers of executive / Government are concentrated in
the hands of Head of the State.
E.g. U.S.A.
In this type of system Head of the State/Country and Head of
the Government is two different persons.
There is strict separation of power between judiciary on the
one hand and Legislature and executive on the other but no
strict separation of power between Legislature and executive.
Here, Head of the State/country is only nominal / titular head.
All the powers are concentrated in the hands of Head of the
Government. E.g. India, Britain
RK IAS Academy
Polity Made Easy 5 By Gaurav Kotecha
EXPLANATION TERMS
1) Legislature : It is a body or organization which legislates i.e. Makes Laws. E.g.Parliament of India.
2) Executive : It is a body or system which executes the decision and implements the laws made by Parliament.
E.g.Prime Minister, Chief Minister.
Categories of Executives
Political Executives Administrative Executives
They have to get elected after fixed period of time.
E.g. Prime Minister, Chief Minister, Ministers, Mayor
They are generally selected by Political executives by appointment
or through competitive exam. They continue to serve generally till
their retirement. They do not need to get reappointed after fix
period E.g. IAS, IPS.
3) Judiciary : It is justice system which supervises over implementation of law. If any law is breached,
Judiciary gives punishment to such person. They also solve dispute between two or more
parties. E.g.Supreme Court.
4) Separation of : When powers and responsibilities are distributed at the same level of Government system
Power i.e. central Government or State Government, it called as separation of power. It is horizontal
distribution of power.
E.g. Legislature - making Laws
Executive - implementing the laws made by Legislature.
Judiciary - Punishes for the breach of law.
5) Division of : When powers and functions are distributed between different levels of Government
Powers System i.e. between central Government and State Government it is called division of
power. It is vertical distribution of powers and responsibilities. E.g.Central List, State
List and Concurrent List under Constitution of India.
RK IAS Academy
Polity Made Easy 6 By Gaurav Kotecha
Forms of Government
( On the basis of nature of relation between Legislature and executive )
S.N. Presidential Government Parliamentary Government
1. In this form of Government President are both - Head of
the State and Head of the Government.
There are two executives. President is nominal head of the
Government whereas Prime Minister is actual/real head.
Thus President is head of the State while Prime Minister is
head of the Government.
2. Executive and Legislature are independent of each
other. Post of the President is not affected by Legislative
majority.
Party which secures majority in lower house of Legislature
forms the Government.
3. Executives are not responsible to Legislature. Cabinet is
only an advisory body, all the powers are vested in the
hands of President.
The council of minister is collectively responsible to
Parliament in general and lower house of Legislature in
particular.
4. President chooses advisors of his choice. There is no
need of advisor being member of Legislature as in case
of Parliament system.
President is nominal head of the State. He functions on the
aid and advice of Council of Ministers. Advice of the
Council of Ministers is binding on the President.
5. Members of executive are not members of Legislature.
There is strict separation of power.
Ministers are members of both executive and Legislature.
There is no strict separation of powers.
6. President is head of the State, head of the Government
and of the Country.
Prime Minister is leader of Government, of ruling party and
country as a whole.
7. Legislature cannot be dissolved by President. The lower house of Parliament can be dissolved by President
before completion of its tenure.
8. Secretary works on the principal of secrecy. Minister works on the principal of secrecy.
9. President has fix tenure. He can remove any of the
advisor at any time. No confidence motion, instrument
is not available in this system.
Normally ministers have fix tenures but Legislature can
remove them before completion of their tenure by passing no
confidence motion against the Government.
RK IAS Academy
Polity Made Easy 7 By Gaurav Kotecha
Merits of the System
1. Stability of the Government Harmony between Legislature and executive.
2. Definiteness in the policies. Government is responsible to Legislature and in turn to the
citizens of country.
3. Strict separation of power. It prevents despotism.
4. Government by experts and matured Representation to wide section of people.
Demerits
1. Possibility of conflict between Legislature and executive
is higher.
Government is not stable. They do not have security of
tenure.
2. Government is not responsible to Legislature. Continuity of the policies are not guaranteed.
3. It may lead to autocracy or despotic form of Government. There is no strict separation of power.
4. Wide representation of people in the Government is not
guaranteed
Government of generalists or amateur.
Why India accepted Parliamentary form of Government?
- Due to long British Rule India was familiar with Parliamentary Form of Government
- Responsible Government was preferred than stable Government
- The framers of the Constitution wanted to avoid Legislative vs. executive conflict, which is bound to occurPresidential
system.
- India is most diverse country on the earth. Hence framers of the Constitution preferred the system which gave wide
representation to the people in Government and Decision Making.
RK IAS Academy
Polity Made Easy 8 By Gaurav Kotecha
Difference between British and Indian Models of Political system
Point of Difference Monarchy System of Britian Republican System of India
Sovereignty British Parliament is sovereign Parliament enjoys limited sovereignty. Peopleof
India are Sovereign/supreme.
Membership of Head of
the Government (Prime
Minister)
Must be member of lower house of
Parliament i.e. House of Commons
Can be members of either house of Parliament i.e.
Loksabha or Rajyasabha.
Cabinet System of Cabinet and Shadow Cabinet
works simultaneously.
Only cabinet system is in place. Concept of shadow
cabinet does not exist.
RK IAS Academy
Polity Made Easy 9 By Gaurav Kotecha
System of Government in India
Central / Union Government
Legislature Executive Judiciary
Parliament consists of Union Executive Consist
of
Supreme Court
Loksabha Rajyasabha President 1. President of India
2. Vice President of India
3. Prime minister and his
Council of Minister
4. Attorney General
Headed by Chief Justice of
India and other Judges
(Quantity of Judges decided
by Parliament through law)
(CJI+30 Judges as on 2017)
Representative
directly elected
by people
Representative of States elected
by members of State Legislative
Assembly
Elected by
MP’s and
MLA’s
Regional / State / Provincial Government
State Legislature Consist of State Executive
consist of
Judiciary High
Court
Legislative
Assembly
Legislative council (This house
may exist or may not exist)
Governor 1. Governor
2. Chief Minister
with his council of
Minister.
3.Advocate General
of the State
Chief Justice of high
court and other
Judges as decided by
President Members are
directly elected by
people
Members are elected indirectly
by different groups like local
Government, teacher, MLA’s.
Appointed by the
President
Note : Supreme Court or High Court do not falls under either union or State Government. They are independent of Legislature
and executive. However above representation is only to show level at which they functions.
RK IAS Academy
Polity Made Easy 10 By Gaurav Kotecha
Local Self Government
Rural Area Urban Area
Zilla Parishad (Level at District) Types of Urban Local Government-
1) Municipal Corporation (For big cities)
2) Municipal Council ( For medium size tower)
3) Nagar Panchayat (For transition areas)
4) Cantonment Boards
Panchayat Samiti or Mandal panchayat (as block level)
Gram Panchayat ( At village level)
- Rural local self Government represents hierarchical
structural.
- Members at all the levels are elected directly by the
citizens of the rural areas only.
- The different types of urban local bodies are independent. They
do not control one another as happens in Panchayat Raj Institution.
- Members of these institutions are elected only from Urban areas.
Classification of Government
(On the basis of the nature of Relation between National Government and Regional Government)
Federal Government Unitary Government
Stage of
Government
Dual Government i.e. Government at National Level
and other at regional level.
Single Government at National Level
Features of
the
Constitution
-Written Constitution
- Powers are distributed between national and Regional
Government.
- Constitution is rigid. Changes cannot be done easily.
-Constitution may be written Eg .France or
unwritten i.e. Britain.
- All the powers are concentrated in the national
Government.
- Constitution may be rigid may not be rigid.
Judiciary Judiciary is independent of any interference by
executive or Legislature
Judiciary may be independent or may not be
independent.
Legislature Legislature is Bicameral. Their exists two houses.
Upper house represents the States where as lower
house represents the people.
Legislature may be bicameral (Britain) or
Unicameral (China)
Example U.S.A., India France,Britain
RK IAS Academy
Polity Made Easy 11 By Gaurav Kotecha
Legislations During British Rule
Charter Acts
Charter Act 1793 Charter Act, 1813 Charter Act, 1833 Charter Act 1853
Commercial Privileges
of British East India
Company were
extended for 20 years.
Companies rule was
extended for 20 years but
its trade privileges were
abolished except trade in
tea and trade with China.
It extended company’s rule for
20 years.
It extended companies rule but did not
specify the time period.
Governor General was
given the power to
appoint Vice President
to act in his place in
his absence.
Rs. One Lakh were to be
set aside for spread of
education and knowledge
in India.
Company’s monopoly was
abolished. It was made just a
political entity.
It separated Legislative and executive
function of Governor General’s
council. Governor Generals
Legislative council came to be known
as Indian Legislative Council.
Salaries of Members
Board of Control were
to be paid their
salaries from Indian
Revenue
Christian missionaries
were allowed to work in
India.
Governor of Bengal was made
Governor General of India. It
deprived Governor of Bombay
and Madras of their Legislative
power. It concentrated all the
powers in the hand of Governor
of General of India.
It introduced an open competition for
civil service. Civil service was thrown
open for Indians also.
Attempted to introduce a system
of open competition for
selection of Civil servants.
Macaulay committee on civil services
was appointed in 1854.
Out of six members of Central
Legislative Council four members to
be appointed by provincial councils of
Bengal, Madras, Bombay and Agra.
RK IAS Academy
Polity Made Easy 12 By Gaurav Kotecha
Indian Council Acts
(Laws enacted regarding functioning of Legislative councils in India are known as Council Act)
Council Act, 1861 Council Act 1892 Council Act 1909
It provided for representation of
Indians in viceroy’s Legislative
council i.e. central Legislative
council which was created by
Charter Act, 1853.
It increased the number members in
Central Legislative Councils and
provincial Legislative Council.
This act is also known as Morley Minto
Reforms. (Lord Morley was secretary of State
and Lord Minto was Viceroy of India)
It initiated the process of
decentralization by restoring
Legislative powers of Bombay and
Madras Provinces.
Budget can be discussed but cannot
be voted. Question can be asked to
executives by members of
Legislative Council.
Communal Representation to Muslims (Separate
Electorate) in central Legislative Council. Lord
Minto came to be known as Father of
Communal Electorate.
Provided for establishment of new
Legislative council in the provinces
of Bengal (1862), NWFP (1866)
and Punjab (1897)
It made provision for indirect
election of some of the members of
Central Legislative Council through
provincial council. However word
‘election’ was not mentioned in Act.
Separate representation was given to Presidency
Corporations chambers of Commerce and
Zamindars.
It gave recognition to portfolio
system introduced by lord Canning
in 1859.
Members can now discuss budget and ask
supplementary question.
It empowered viceroy to issue
ordinances without the concurrence
of Legislative council, during an
emergency situation.
Membership of Central Legislative council from
16 to 60 but official majority was maintained.
However non-official majority was granted in
provincial Legislatures.
It provided for inclusion of Indians into viceroys
executive council. Satyendra Prasad Sinha
become first Indian to join viceroys executive
Council.
RK IAS Academy
Polity Made Easy 13 By Gaurav Kotecha
Separate representation was given to presidency
corporation chambers of commerce, universities
and Zamindars.
Provided for establishment of election
commission.
Reforms Acts
Government of India Act, 1919 Government of India Act, 1935
It is also known as Montague-Chelmsford Reforms Act. (Montagu
was Secretary of India where as Chelmsford was Viceroy). This Act
came into force in 1921.
Provided for establishment of All India Federation
consisting of British India (territories ruled by
British) and princely States (territories ruled by
princes). However this Federal provision never came
into force.
It separated central and provincial subjects. Subjects were divided into 3 lists i.e. Federal List,
Provincial List and Concurrent List. Residuary
powers (The powers which does not fall under any of
the three lists) were given to the viceroy.
Provincial subjects were divided into ‘Reserved’ and ‘Transferred’.
‘Reserved’ subjects were to be administered by officials where as
‘Transferred’ subjects were to be administered by ministers
responsible to the Legislative Council. This system came to be known
as ‘diarchy’.
It abolished diarchy in the provinces and introduced
‘provincial autonomy’. All the provincial subjects
were to be administrated by Governor on the advice
of ministers responsible to provincial Legislature.
Accordingly elections were held in 1937.
It introduced Bicameralism i.e. two house in the Legislature. Upper
house (Council of States) and Lower House (Legislative Assembly)
formed the Central Legislature.
Diarchy was adopted at center. As the federation
never came into existence diarchy of the center also
remained non-enforced.
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Polity Made Easy 14 By Gaurav Kotecha
It introduced ‘direct election for the first time. Majority Members of
both the houses were chosen by direct election. However it granted
limited Franchise to limited number of people on the basis of property
tax or education.
Introduced Bicameralism in six out of eleven
provinces.
It required that three out of six members other than Commander and
Chief of the viceroys executive council were to be Indian.
Extended separate electorates for scheduled castes,
Women and Labors.
Communal electorate were extended for Sikh, Indian, Christians,
Anglo Indian and Europeans.
It abolished council of India, established by
Government of India Act, 1858.
New Office of High Commissioner for India was created in London
and some of the functions of Secretary of India was transferred to him.
Enlarged the Franchise.
Provided for establishment of public service commission. Hence
central public service commission (precursor of UPSC) was
established in 1926.
Provided for establishment of Reserve Bank of India,
separate Public Service Commission for Federation
and Provinces and Federal Court.
Central and Provincial Budgets were separated.
Provided for appointment of statutory commission after 10 years for
review of working of this act. (Simon commission was appointed in
1927 for this purpose).
RK IAS Academy
Polity Made Easy 15 By Gaurav Kotecha
Sources of the Constitution at a Glance
S.N. Sources Features Borrowed
1. Government of India Act of 1935 Federal Scheme, Office of Governor, Judiciary, Public Service Commission
Emergency provisions and administrative details.
2. British Constitution Parliamentary government, Rule of Law, Legislative procedure, single citizenship,
cabinet system, prerogative writs, Parliamentary privileges and bicameralism.
3. US Constitution Fundamental rights, independence of judiciary, judicial review, impeachment of
the President, removal of supreme court and high court judges and post of Vice
President.
4. Irish Constitution Directive Principles of State Policy, nomination of members
5. Canadian Constitution Federation with a strong Center, vesting of residuary powers in the center,
appointment of State governors by the Center and advisory jurisdiction of the
Supreme Court.
6. Australian Constitution Concurrent List, freedom of trade, commerce and inter-course and joint sitting of
the two Houses of Parliament.
7. Weimar Constitution of Germany Suspension of Fundamental Rights during Emergency.
8. Soviet Constitution (USSR, now
Russia)
Fundamental duties and the ideal of justice (social economic and political) in the
Preamble.
9. French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble.
10. South African Constitution Procedure for amendment of the Constitution and election of members of Rajya
Sabha.
11. Japanese Constitution Procedure established by Law.
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DIFFERENCE BETWEEN
Article Part Schedule
Articles can be termed as rules that
govern a particular subject of interest
The Constitution is divided into parts that
deal with a broad, but the specific topic.
It is like appendix which can be
referred to while reading an article.
Articles also contains various sections
but all are related to particular subject of
interest.
E.g. Part III - Fundamental Rights.
Part IV - Directive Principles of State
Policy
They contain articles which are
related to the list of particular item.
E.g. Article-14 - Equality
21- Right to life and liberty
There were 22 parts in the Constitution at
the time of commencement of
Constitution. Several amendments have
added other parts such as IV-A, IX-a, etc.
Now there are 26 parts in the
Constitution.
Schedule are the auxiliary provision
which could not be accommodated in
one single article.
Individual provision of Constitution is
called as Article. The word section is
used for provision of an Act.
Original Constitution had 8 schedules.
Four more schedules were added
through different amendments. Now
there are 12 schedules in the
Constitution of India.
E.g. : Schedule 10 - Anti defection
Law.
There are more than 465 articles in the
Constitution. Original Constitution had
395 articles. The numbering still remains
the same but as and when Constitution is
amended, new articles are added under
original article with suffix A, B, C.
E.g. Article 21 A -Right to Education
RK IAS Academy
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Important Articles of the Constitution
Articles Deals with
1 Name and territory of the Union
3 Formation of new States and alteration of areas, boundaries or names of existing States
13 Laws inconsistent with or in derogation of the fundamental rights.
14 Equality before law
16 Equality of opportunity in matters of public employment
17 Abolition of untouchability
19 Protection of certain rights regarding freedom of speech, etc.
21 Protection of life and personal liberty
21 A Right to elementary education
25 Freedom of conscience and free profession, practice and propagation of religion
30 Right of minorities to establish and administer educational institutions
31 C Saving of laws giving effect to certain directive principles-39
32 Remedies for enforcement of fundamental rights including writs
38 State to secure a social order for the promotion of welfare of the people
40 Organization of village panchayats
44 Uniform civil code for the citizens
45 Provision for early childhood care and education to children below the age of 6 years
46 Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections
50 Separation of judiciary from executive
51 Promotion of international peace and security
51A Fundamental duties
72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
74 Council of ministers to aid and advise the President
78 Duties of prime minister as respects the furnishing of information to the President, etc.
110 Definition of Money Bills
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112 Annual financial Statement (Budget)
123 Power of President to promulgate ordinances during recess of Parliament
143 Power of President to consult Supreme Court
155 Appointment of governor
161 Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
163 Council of ministers to aid and advise the governor
167 Duties of chief minister with regard to the furnishing of information to governor, etc.
169 Abolition or creation of Legislative councils in States
200 Assent to bills by governor (including reservation for President)
213 Power of governor to promulgate ordinances during recess of the State Legislature
226 Power of high courts to issue certain writs
239 AA Special provisions with respect to Delhi
249 Power of Parliament to legislate with respect to a matter in the State List in the national interest
262 Adjudication of disputes relating to waters of inter-State rivers or river valleys
263 Provisions with respect to an inter-State council
265 Taxes not to be imposed saved by authority of law
275 Grants from the Union to certain States
280 Finance Commission
300 Suits and proceedings
300 A Persons not to be deprived of property saved by authority of law (Right to property)
311 dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
312 All-India Services
315 Public Service Commission for the Union and for the States
320 Functions of Public service commissions
323-A Administrative tribunals
324 Superintendence, direction and control of elections to be vested in an Election Commission
330 Reservation of seats for scheduled castes and scheduled tribes in the House of the People
335 Claims of scheduled castes and scheduled tribes to services and posts
352 Proclamation of Emergency (National Emergency)
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356 Provisions in case of failure of Constitutional machinery in States (President’s Rule)
360 Provisions as to financial emergency
365 Effect of failure to comply with, or to give effect to, directions given by the Union (President’s Rule)
368 Power of Parliament to amend the Constitution and procedure therefor
370 Temporary provisions with respect to the State of Jammu and Kashmir
Parts of the Constitution
Parts Subject Matter Articles Covered
I The Union and its territory 1 to 4
II Citizenship 5 to 11
III Fundamental Rights 12 to 35
IV Directive Principles of State Policy 36 to 51
IV-A Fundamental Duties 51 A
V The Union Government 52 to 151
VI The State Governments 152 to 237
VIII The Union Territories 239 to 242
IX The Panchayats 243 to 243-0
IX-A The Municipalities 243-P to 243-ZG
IX-B Co-operative societies 243-ZH to 243-ZT
X The Scheduled and Tribal Areas 244 to 244-A
XI Relations between the Union and the States 245 to 263
XII Finance, Property, Contracts and Suits 264 to 300-A
XIII Trade, Commerce and Intercourse within the Territory of India 301 to 307
XIV Services under the Union and the States 308 to 323
XIV-A Tribunals 323-A to 323-B
XV Elections 324 to 329-A
XVI Special Provisions relating to SCs, STs, OBCs and Anglo-Indians 330 to 342
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XVII Official Language 343 to 351
XVIII Emergency Provisions 352 to 360
XIX Miscellaneous 361 to 367
XX Amendment of the Constitution 368
XXI Temporary, Transitional and Special Provisions 369 to 392
XXII Short title, Commencement, Authoritative Tex in Hindi and Repeals 393 to 395
SCHEDULES
Numbers Subject Matter Articles
Covered
First Schedule 1. Names of the States and their territorial jurisdiction
2. Names of the Union Territories and their extent
1 and 4
Second Schedule Provisions relating to the emoluments, allowances, privileges and so on of President,
Governor of States Speaker and deputy speaker of Loksabha, Chairman and Deputy
Chairman of Rajyasabha, Judges of Supreme Court and High Court, CAG, etc.
59, 65, 75, 97,
125, 148, 158,
164, 186 & 221
Third Schedule Forms of Oaths or Affirmation 75, 84, 99, 124,
146, 173, 188,
219,
Fourth Schedule Allocation of seats in the Rajyasabha to the States and the union territories 4 & 80
Fifth Schedule Provisions relating to the administration and control of scheduled areas and
scheduled tribes.
244
Sixth Schedule Provisions relating to the administration of tribal areas in the States of Assam,
Meghalaya, Tripura and Mizoram
244 & 275
Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List),
List II (State List) and List III (Concurrent List). Presently, the Union List contains
100 subjects (originally 97), the State list contains 61 subjects (originally 66) and the
concurrent list contains 52 subjects (originally 47).
246
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Eight Schedule Languages recognized by the Constitution. Originally, it had 14 languages but
presently there are 22 languages.
344 & 351
Ninth Schedule Acts and Regulations (originally 13 but presently 282) of the State Legislatures
dealing with land reforms and abolition of the zamindari system and of the
Parliament dealing with other matters. This schedule was added by the 1st
Amendment (1951) to protect the laws included in it from judicial scrutiny on the
ground of violation of fundamental rights. However in 2007, the Supreme court ruled
that the laws included in this schedule after April 24, 1973, are now open to judicial
review.
31-B
Tenth Schedule Provisions relating to disqualification of the members of Parliament and State
Legislatures on the ground of defection. This schedule was added by the 52th
Amendment Act of 1985, also known as Anti-defection Law.
102 & 191
Eleventh
Schedule
Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters.
This schedule was added by the 73rd Amendment Act of 1992.
243-H
Twelfth Schedule Specifies the powers, authority and responsibilities of Municipalities. It has 18
matters. This schedule was added by the 74th Amendment Act of 1992.
243-W
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DIFFERENCE BETWEEN
Federation Union
Independent States / province come together and form the
Federation.
Formation of Union is not result of independent Statescoming
together. The territory already forms one nation.They are
divided into States or provinces administrative convenience.
Provinces or States have right to secede/exit from the
federation. E.g. U.S.A.
Provinces or States do not have right to secede/exist from the
union or nation. E.g. India.
DIFFERENCE BETWEEN
Territory of India Union of India
It includes all the territories belong to a nation. It includes territories only of States and not the Union
Territories.
Territory of India includes territories of States and Union
Territories and territories acquired from foreign territory if
any.
Union of India consists less area than territories of India.
RK IAS Academy
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Difference Types of Rights
Point of
Difference
Human Rights Fundamental Rights Legal Rights
Meaning Human Rights are the basic rights
that all the human beings can
enjoy, no matter where they live,
what they do.
Fundamental Rights means the
primary rights of the citizens
which are justifiable and specified
in the Constitution. Fundamental
rights cannot be altered or taken
away easily.
Legal rights are rights given and
protected by particular law, but
they can be altered or taken away
by the Legislature by making
changes in the law.
Scope These are universal. Available
against State and individuals.
It is country specific. Available
only against the State.
A person has to move to ordinary
court violation of legal right.
Basic
Principal
Every person must enjoy dignified
life as he or she is born as Human
Being.
It is country specific. Available
only against the State.
A person has to move to ordinary
court violation of legal right.
Guarantee It is accepted as basic rights but
their implementation is not
guaranteed.
Their implementation is
guaranteed. Supreme Court in
India is guarantor of Fundamental
Rights.
These are guaranteed under
particular law. Person who’s legal
rights are violated can approach
ordinary court.
Enforcement Non-enforceable by court of law
of the nation. If a nation includes
human right in fundamental or
legal rights then they become
judicially enforceable.
Enforceable by court of law in
that country. E.g. Supreme Court
and High Court in India,
fundamental law came into force
automatically. Enactment of law
is not needed for implementation
of fundamental rights.
These are enforceable by ordinary
court of law. Legal right came into
force only if it is mentioned in the
law passed by Legislature.
RK IAS Academy
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FUNDAMENTAL RIGHTS
(Article 12 to Article 35)
Right to
Equality
Right to
Freedom
Right against
Exploitation
Freedom of
Religion
Cultural and
Educational
Rights
Right to
Constitutional
Remedies
Other rights
(Article 14 to
18)
(Article 19 to
22)
(Article 23,24) (Article 25
to28)
(Article 29,30) (Article 32) (Article33
to35)
14 - Equality
before Law
19- Freedom of
speech and
expression
23-Prohibition
of traffic in
Human beings
and forced
labour.
25-Freedom of
conscience and
free profession,
practice and
propagation of
religion.
29-Protection of
rights of
minorities.
Under Article
32 any person
who’s
Fundamental
right is violated
can directly
approach to
Supreme Court
of India. Court
issues any of
the following
writ upon such
plea 1.Habeas
corpus Have a
Body.
2.Mandamus-
We command.
3.Prohibition-
To Forbid
33- To restrict
or abrogate
Fundamental
rights of the
armed forces.
15-Prohibition
of
Discrimination
20-Protection in
respect of
conviction for
offence
24-Prohibition
of Employment
of Children in
factories etc.
34- Restriction
of fundamental
rights while
martial law
16-Equality of
opportunity in
public
employment
21-Right of Life
and Liberty
26-Freedom to
manage
Religious
Affairs
30- Right of
minorities to
establish and
Administer
Educational
Institution
35- Giving
effect to
certain
fundamental
rights.
17-Abolition of
untouchability
21A- Right to
education
27-Freedom
from Taxation
for Promotion
of a religion
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18-Abolition
Titles
22-Protection
against arbitrary
Arrest
Article 28- Freedom from
Attending
Religious
Institution
4.Certiorari-
Transfer of
Case
5.Quo
Warrants- by
what authority
NOTE :
Article 12 : It provides definition of State.
Article 13 : It States that any law inconsistent with fundamental rights shall be null and void.
Right to property is now legal right and not a fundamental right.
Most of the fundamental do not require enactment of law for their enforcement. In some case where law
is needed, it can on be enacted by Parliament. State Legislature have no role to play in effecting
fundamental rights through law.
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Availability Fundamental Rights
FR available only to citizens and not to foreigners FR available to both citizens and foreigners (except enemy
aliens)
Prohibition of discrimination on ground of religion,
race, caste, sex or place of birth (Article 15).
Equality of opportunity in matters of public
employment (Article 16)
Protection of six rights regarding freedom of :
(i)Speech and expression, (ii) Assembly,
(iii)association, (iv) movement, (v) residence and (vi)
profession (Article 19)
Protection of language, script and culture of minorities
(Article 29)
Right of minorities to establish and administer
educational institutions ( Article 30)
Equality before law and equal protection of laws (Article 14)
Protection in respect of conviction for offences (Article 20)
Protection of life and personal liberty ( Article 21)
Right to elementary education (Article 21A)
Protection against arrest and detention in certain areas (Article 22)
Prohibition of traffic in human being and forced labour (article 23)
Prohibition of employment of children in factories etc. (Article 24)
Freedom of conscience and free profession, practice and propagation
of religion (Article 25)
Freedom to manage religious affairs (Article 26)
Freedom from payment of taxes for promotion of any religion
(Article 27)
Freedom from attending religious instruction or worship in certain
educational institutions ( Article 28)
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Martial Law Vs. National Emergency
S.N. Martial Law National Emergency
1. It affects only Fundamental Rights It affects not only Fundamental Rights but also Center-
State relations, distribution of revenues and Legislative
powers between Center and States and may extend the
tenure of the Parliament.
2. It suspends the government and ordinary law courts. Position of the government and ordinary law courts in
unaffected.
3. It is imposed to restore the breakdown of law and order
due to any reason.
It can be imposed only on three grounds-war, external
aggression or armed rebellion.
4. It is imposed in some specific area of the country. It is imposed either in the whole country or in any part of it.
5. It has no specific provision in the Constitution. It is
implicit.
It has specific and detailed provision in the Constitution. It
is explicit.
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Classification of Directive Principles of State Policy
Socialist Principle Gandhian Principles Liberal / Intellectual Principles
Article 38 - State shall promote welfare
of people by securing social order
permeated by justice-social, economic
and political and to minimize. These
principles reflect the ideology of
socialism. They lay down the framework
of a democratic socialist State, aim at
providing social and economic justice
and set the path towards welfare State.
These principles are based on
Gandhian ideology. They represent
the programme of reconstruction
enunciated by Gandhiji during the
national movement. In order to fulfill
the dreams of Gandhi, some of ideas
were included as Directive Principles.
The principles included in this category
represent the ideology of liberalism.
They direct the State :
1. To promote the welfare of the people
by securing a social order permeated by
justice-social, economic and political and
to minimize inequalities in income,
status, facilities and opportunities
(Article 38).
They direct the State :
1. To organize village panchayats and
endow them with necessary powers
and authority to enable them to
function as units of self-government
(Article 40)
They direct the State :
1. To secure for all citizens a uniform civil
code throughout the country ( Article 44).
2. To secure (a) the right to adequate
means of livelihood for all citizens; (b)
the equitable distribution of material
resources of the community for the
common good; (c) prevention of
concentration of wealth and means of
production; (d) equal pay for equal work
for men and women; (e) preservation of
the health and strength of workers and
children against forcible abuse; and
2. To promote cottage industries on
an individual or co-operation basis in
rural areas (Article 43)
2. To provide early childhood care and
education for all children until they
complete the age of six year (Article 45)
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(f)opportunities for healthy development
of children (Article 39). 3. To promote equal justice and to
provide free legal aid to the poor (Article
39A)
3. To promote voluntary formation,
autonomous functioning, democratic
control and professional management
of Co-operative Societies (43 B)
3. To organize agriculture and animal
husbandry on modern and scientific lines
(Article 48).
4. To secure the right to work, to
education and to public assistance in
cases of unemployment, old age,
sickness and disablement (Article 41).
4. To promote the educational and
economic interests of SCs, STs and
other weaker sections of the society
and to protect them from social
injustice and exploitation (Article 46)
4. To protect and improve the environment
and to safeguard forests and wild life
(Article 48 A)
5. To make provision for just and
humane conditions for work and
maternity relief (Article 42)
5. To prohibit the consumption of
intoxicating drinks and drugs which
are injurious to health (Article 47)
5. To protect monuments, places and
objects of artistic or historic interest which
are declared to be of national importance
(Article 49)
6. To secure a living wage, a decent
standard of life and social and cultural
opportunities for all workers (Article 43)
6. To prohibit the slaughter of cows,
calves and other milch and draught
cattle and to improve their breeds
(Article 48)
6. To separate the judiciary from the
executive in the public services of the State
(Article 50).
7. To take steps to secure the
participation of workers in the
management of industries (Article 43 A)
7. To promote international peace and
security and maintain just and honorable
relations between nations; to foster respect
for international law and treaty settlement
of international disputes by arbitration
(Article 51)
8. to raise the level of nutrition and the
standard of living of people and to
improve public health (Article 47)
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LAW
Constitution Law Rules
Meaning Constitution is collection of
fundamental law of land. It is
also a law but a fundamental
law. It is above ordinary law.
E.g. Constitution of India
The system of Rules which a
particular country or community
recognizes as regulating action of its
members and which it may enforce by
imposition of penalties or
punishment. Laws are passed by
Legislature under the authority given
by the Constitution. E.g. G.S.T Act,
Right to Education Act 2009.
Legislature makes law only in broad
skeletal form. Then executives fill
up the minor technical details when
Legislature delegates its authority of
making rules of law to someone else
it is called as rules. Rules are part of
law and have to be submitted to
Legislature for approval.
Other name It is also called Constitutional
Law
It is also called as Statutory Law or
Statue
It is also called delegated
Legislations or subordinate
legislation.
Utility It defines relationship between
different organs of the State and
between citizens and State
It lays down the rules which will
govern particular subject E.g. G.S.T.
Rules are made for actual
implementation of law.
Alteration Alteration or change in the
Constitution is difficult. It may
require special majority of the
Legislature.
Alteration, amendment or re-
appealing of law is easy. It requires
majority support of the house of
Legislature.
Rules can be altered, amended or
repealed by executive order hence it
is very easy.
Basis It is enacted generally at the time
of foundation of a nation. E.g.
Constitution of India was
enacted in 1950 when India was
declared as ‘Republic’.
Laws are enacted on the basis of
powers given by the Constitution.
E.g. Constitution empowers the
Government to impose taxes on
goods and service. On the basis of
this GST Act 2016 was passed.
Rules are framed by executive on
the basis of powers given by
Legislature for particular law.
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Types of Amendment
(To The Constitution of India)
Not Provided under Constitution Provided under Constitution (Article 368)
Simple Majority Special Majority Special Majority of Parliament and
Ratification of half of the State
Legislature.
Meaning Simple majority means majority
support (50%+1) of members present
and voting the house at the time of
voting. Amendment by this type is
not considered as amendment as such.
Special majority has two
components. One majority must
be absolute majority of the house
and second it must be a majority
of two-third of membership of the
house. Absolute majority means
majority of the total strength of
the house.
This type of amendment has to be
passed by Parliament with special
majority and after approved by
Parliament it must also be passed by
half of the State Legislatures by simple
majority. The moment half of the State
Legislature give their consent
Constitution stands amended
irrespective of whether remaining
States pass it or not . Those provision
of Constitution which are related to
Federal structure and provisions which
give some sort of powers and rights to
States have to be amended by this way.
E.g. Suppose if 200 members are present
in LokSabha but only 180 are voting.
In order to pass the amendment by
simple majority the bill requires
support of minimum 91 members
(majority of 180)
Total strength of Loksabha is
545. Absolute majority will be
273.
1. Suppose only 360 members are
present. All of them are voting. If
RK IAS Academy
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Amendment bill gets support of
2/3rd of 360 members, it is 240. In
this case amendment will not be
passed as it does not full fill the
condition of absolute majority.
2. Suppose 500 members are
present in the house but only 450
are voting. If it gets support of
2/3rd of the members i.e. 300, in
this case amendment will be
passed. It fulfills both the criteria
i.e. support must be 2/3rd of
present and voting and it must not
be less than absolute majority
(273) of the house.
Provisions
that can be
amended
1. Admission or establishment of new
States.
2. Formation of new States and
alteration of areas, boundaries or
names of existing States.
3. Abolition or creation of Legislative
councils in States.
4. Second Schedule- emoluments,
allowances, privileges and so on of
the President the Governors, the
Speakers, Judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the
members of Parliament.
1. Fundamental rights.
2. Directive principles of State
Policy.
3. All other provisions of the
Constitution which are not
covered by simple majority type
or special majority and
ratification of half of the States
types.
1. Election of the President and its
manner.
2. Extent of the executive power of the
Union and the States.
3. Supreme Court and High Courts.
4. Distribution of Legislative powers
between the Union and the States.
5. Any of the lists in the Seventh
Schedule.
6. Representation of States in
Parliament.
7. Power of Parliament to amend the
Constitution and its procedure (Article
368 itself).
RK IAS Academy
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7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its
members and its committees.
9. Use of English language in
Parliament.
10.Number of puisne judges in the
Supreme Court.
11.Conferment of more jurisdiction
on the Supreme Court.
12. Use of official language
13. Citizenship
14. Elections of Parliament and State
Legislature.
15.Delimitation of Constituencies
16. Union Territories.
General Rules for Amendment to Constitution of India (Article 368) :
- a bill for amendment of the Constitution is passed in a same way as other bill in the Parliament, subject to conditions of
majority support required.
- It can be Government bill or private member’s bill.
- An amendment bill can be initiated only in Parliament and not State Legislature. Only in one exceptional case the process
can be initiated by State Legislature i.e. creation or abolition of State Legislature Council. In this case also State Legislature
just passes the resolution demanding creation or abolition of council. The amendment bill is introduced in Parliament only.
- Every bill seeks to amend Constitution must be passed by each house of Parliament separately according to majority
required. The provision of joint session of Parliament is not applicable in case of Constitution Amendment Bill.
- Prior approval of the President is not required for introduction of Constitution Amendment Bill.
- Once amendment bill is passed in required manner it is sent to President for his assent. President must give his assent to the
bill. He can neither withhold nor return the bill for reconsideration of Parliament.
RK IAS Academy
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Emergency Provisions
Difference Between
Point of
Difference
National Emergency
(Article 352)
State Emergency or President
Rule (Article 356)
Financial Emergency
(Article 360)
Grounds of
Declaration
It can be declared on the grounds of war,
external aggression or internal armed
rebellion. National Emergency can be
declared on the occurrence of such event or
even before actual occurrence of the event; if
the President is satisfied of imminent danger.
Third ground i.e. internal disturbances was
replaced by internal armed rebellion by 44th
Amendment Act 1978 due to its vagueness
and possible misuse.
Under Article 356 - President is
empowered to impose Presidents
rule in the State if he is satisfied that
situation has arisen in which State
cannot function in accordance with
the provisions of the Constitution.
He can do so upon receiving report
of the governor or without it. Under
Article 365 - If Statefailed to comply
with the direction given by the center
it would be appropriate for the
President to consider that State
Government cannot function as per
provisions of the constitution and he
can impose President rule.
Financial emergency is
declared when
financial stability or
credit of India or any
part of its territory is
threatened.
Who can
declare it
President of India on the written
recommendation of cabinet.
It is declared by President It is declared by
President.
Application Proclamation of national Emergency may be
applicable to entire country or only part of it.
It is applicable to only that particular
State
It is applicable to entire
country.
Parliament
ary
Approval
The proclamation must be approved by both
houses of Parliament within one month of
its issue. Originally the period of Approval
was 2 months. It was reduced to 1 month by
44th Amendment Act,1978. Such
A proclamation imposing Presidents
rule must be approved by both the
houses of Parliament within two
months of date of its issue
A proclamation of
financial emergency
must be approved by
each house of
Parliament separately.
RK IAS Academy
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proclamation must be approved by both the
houses of Parliament separately.
Majority Every resolution proclaiming national
emergency or its continuance must be
approved by special majority of both the
houses of Parliament separately. Original
Constitution provided that such resolution
shall be passed by simple majority. 44th
Amendment Act, 1978 changed it to special
majority.
A proclamation approving Presidents
Rule needs to be passed by both
houses of Parliament by simple
majority. Both houses must pass it
separately.
A proclamation
approving financial
emergency needs to be
passed by simple
majority of both houses
of Parliament
separately.
Duration Once approved it can continue for maximum
six months
Once approved it can continue for
maximum six months
Once approved,
financial emergency
continues indefinitely
till it is revoked.
Renewal It has to be renewed every six months. There
are no limitation on number of renewals,
however it can be renewed for six months at
a time.
It has to be renewed every six
months. It can be extended for
maximum 3 years but needs a
renewal every six months. It can be
extended beyond one year only if
national emergency is in operation or
election commission certify that
general election for State Assembly
cannot be held.
There is no need of
repeated Parliamentary
approval for
continuation of
financial emergency.
Revocation 1) It can be revoked by President any time.
Revocation by President does not require
Parliamentary approval.
2) If Loksabha disapproves resolution of
continuation of national emergency.
It can be revoked any time by the
President. Revocation does not need
Parliamentary approval.
A proclamation of
financial emergency
may be revoked by the
President at any time
by issuing such
proclamation.
RK IAS Academy
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3) If one tenth members of Loksabha gives
written notice to the speakers a special sitting
of the house should be held within 14 days
for consideration of resolution disapproving
the continuation of the proclamation. This
provision was added by 44th amendment act,
1978.
Resolution of disapproval solution is
required to be passed by Loksabha only and
it requires simple majority.
Effects on
Center
State
Relation
Center becomes entitled to give executive
direction to States on any matter. Thus the
State Government’s are brought under
complete control of the center, though they
are not suspended.
Parliament is empowered to make law on
any subject of the State list. Although the
Legislative power of State Legislature is not
suspended, it becomes subject to overriding
powers of the Parliament.
The laws made by Parliament during such
period become inoperative six months after
the emergency has ceased to operate
similarly President can issue ordinance many
subject of the State List.
State executives are dismissed.
The State Governor, on behalf of the
President, carries on the State
administration with help of Chief
Secretary of the State or the advisors
appointed by the President.
President either suspends or
dissolves State Legislative
Assembly. Parliament passes the
State Legislative bills and budgets.
The laws made by President,
Parliament or any other authority
continues to operate even after
Presidents Rule. But it can be
replaced or altered or re-enacted by
State Legislature.
Center can issue
direction to States to
reduce salaries and
allowances of any class
person serving in the
State; to reserve all
money bills or other
financial bill for the
consideration of the
President.
President may issue
directions for the
reduction of salaries
and allowances of all
or any member serving
in the union, judges of
supreme court and high
court.
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Tenure of Loksabha can be extended beyond
normal tenure of 5 years for one year at a
time for any length of time.
Similarly Parliament may extend the tenure
of State Legislature by one year each time
for any length of time.
In both above cases extension cannot
continue beyond the period of six months
after the emergency ceased to operate.
Powers and functions of State high
court remain intact even during
operation of President’s Rule.
The State Legislative Assembly is
either suspended or dissolved by the
President.
Effects on-
Fundament
al Rights
Fundamental rights under Articles 19 can be
suspended only when national emergency is
proclaimed on the grounds of external
aggression and not on the grounds of internal
armed rebellion.
Fundamental rights are not suspended as
such. Only its enforcement is suspended.
Articles 20 and 21 are not suspended under
any circumstances.
President’s Rule have no effect on
the fundamental rights. Fundamental
rights remains with the citizen. It
remain enforceable by court of law.
Proclamation of
financial emergency
has no effect on the
fundamental rights.
Scope of
Judicial
Review
Proclamation of national emergency is also
subject to judicial review.
After S.R. Bommai Case (19940
Presidents Rule is subject to judicial
review.
Proclamation of
financial emergency is
subject to judicial
review.
RK IAS Academy
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President of India
Electoral College
(Voters who votes for the election of President is called Electoral College)
Who can Vote Who cannot Vote
Elected members of Parliament (233 of Rajyasabha + 543
of Loksabha.
Nominated members of both the houses of Parliament. (12 of
Rajyasabha + 2 of Loksabha)
Elected members of the Legislative assemblies of the States
and union territories of Delhi and Pondicherry
Nominated members of Legislative assemblies of States and
union territories of Delhi and Pondicherry. ( One Anglo Indian
member in each Assembly)
Members of State Legislative Council whether elected or
nominated.
Types of Voting
Point of
difference
First Past The Post Proportional Representation System
Meaning It is one electoral system in which the candidate
who gets maximum number of votes gets elected
in a single member constituency.
Under this system votes instead of voting to one candidate
gives their preference order. Their vote is allotted to their
first preference and if no one emerges with majority, the
candidate which received least number of votes is
removed from consideration and second choice of those
who voted for him are taken into consideration. This
process continues till winner emerges with majority of
50% + one vote . for him are taken into consideration. This process continues till w
Other Name Simple majority system Single Transferable vote system
Criteria for
winning
Candidate
A candidate who secures even one extra vote than
all other candidates is considered as winner
In order to win election candidate must secure fifty percent
plus one vote of the total votes polled.
RK IAS Academy
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Use in India For elections of following
- Members of Loksabha and State Legislative
Assembly
- Members of Local Bodies
For the elections of following
- President and Vice President of India.
- Members of Rajyasbha.
- Members of State Legislative Council.
Area of a
constituency
Entire country is segregated into smaller
geographical/ territorial units, which is called as
constituency.
Large geographical territorial area forms one constituency.
Merit System is very simple Proportional representation to different parties on the basis
of votes they polled.
Demerit Winning candidate often does not represent the
majority votes
The system is very complicated and not suitable where
number of votes are very large and voters are illiterate.
Procedure for Impeachment of the President of India (Article 61)
President can be impeached only on the ground of violation of Constitution
A Notice has to be submitted to either house of Parliament. Such notice has to be signed by not less than one fourth of the total
membership of the house.
(Suppose such notice is given to a speaker of Loksabha. It must be signed by minimum 137 members i.e. 1/4th of 545.)
Speaker of Loksabha serves 14 days notice of President.
After 14 days motion for the impeachment is moved in the house.
Motion of impeachment should be passed by two third majority of the total membership of the house irrespective of vacancies
or abstentions.
RK IAS Academy
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If motion is passed by first house, Loksabha in this case, then motion is sent to other house i.e. Rajyasabha.
The other house investigates such charges. President of India will have right to appear or be represented through Attorney
General or any other person of his choice before investigating committee.
If the other house also passes the motion of impeachment with 2/3rd majority of the total membership of the house. President
stands impeached from that movement.
Comparison between Election procedure and impeachment procedure of the President
Election Procedure Impeachment Procedure
It is a democratic process It is a quasi judicial process.
Only elected members of Parliament votes for election of the
President. Nominated members of Parliament do not vote in
election process.
Both, elected as well as nominated members of Parliament
vote in the impeachment process.
Only members of State Legislative assemblies votes in
election. Members of Legislative council do not vote in
election.
Neither members of Legislative council nor Legislative
Assembly takes part in the impeachment process.
Proportional representation system of voting is used for the
election of President.
First past the post system is used during impeachment process.
It means value of vote of all the voters is same.
Simple majority i.e. 50 % plus votes are required in order to
win the election.
Motion of impeachment can be passed only by absolute 2/3rd
majority of total membership of the house.
If person gets elected, he does not become President
immediately. He have to take oath of office of President.
If the motion of impeachment is passed by the President stands
impeached from the same movement.
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Options available to President with respect to bills passed by Legislature when bill is sent for his assent
Give his assent Withhold his assent Return the bill for reconsideration
If the President gives his
assent bill becomes Act.
In this situation bill will not
become act, until it receives
assent of the President.
If President have any doubt or suspicious with respect to bill
submitted for his assent, he can return the bill to Parliament
for its reconsideration. If the bill is passed by Parliament
with or without changes, President must give his assent.
Veto Powers of the President
Point of
Difference
Absolute Veto Qualified Veto Suspensive Veto Pocket Veto
Meaning If the President
withholds his assent to
a bill passed by
Legislature it is called
as absolute veto. In this
case bill ends there and
does not become act.
If the President uses
veto power with respect
to bill passed by
Legislature. Legislature
can override the
Qualified Veto by
passing the same bill
with higher majority.
If the President have any doubt
or suspicion regarding bill
passed by Parliament he can
send it back to Parliament for its
reconsideration. This power of
President is known as
suspensive veto.
When President neither
gives his consent nor
withhold nor rejects to
the bill, but simply
keeps it pending for
indefinite period. It is
called as Pocket Veto.
Application
under Indian
Constitution
- Private Members Bill
-Government bill when
cabinet resigns.
-State Bill which is
reserved by Governor
of State for
consideration of
President under article
200.
This Veto is not
available to President of
India
If Parliament passes the bill
with or without changes,
President must give his assent.
This Veto is overridden by
simple majority.
Ordinary bills.
Can be used by
President in case of
ordinary bill and bill of
States
RK IAS Academy
Polity Made Easy 42 By Gaurav Kotecha
Note
Available
with respect
to
Constitutional
Amendment Bill
Not available in any
case
- Constitutional Amendment
Bill
- Money Bill
- Constitutional
Amendment Bill
- Money Bill
Comparison of President of India and Governor of a State
President of India Governor
Article Article 52 Article 153
Position Head of the State i.e. Head of the Country Head of a State of a Union i.e. Head of Province.
Status Nominal Head and Constitutional Head of the
State
Nominal Head and Constitutional Head a State of Union/
Province
Election/ Elected by members of Parliament and State
Legislative
Appointed by the President on the advice of Prime
Minister.
Appointment Assemblies & UT’s of Delhi and Pondicherry With his Council of Minister
Tenure 5 years 5 years
No. of Term President can be re-elected for any number of
terms
Governor can be re-appointed for any number of terms.
Additionally Governor can be transferred or made
Governor of two States simultaneously.
Oath Oath administered by Chief Justice of India Oath administered by Chief Justice of High Court of
concerned State.
Qualification 1) Head should be citizen of India
2) He should have completed 35 years of age
3) He should be qualified for election as a
member of the Loksabha.
4) He should not hold any office of Profit.
1) He should not be member of either house of Parliament
or State Legislature. if a member of any house is
appointed as the Governor; he is deemed to have vacated
his seat in that house.
2) He should not hold any office of Profit.
Removal - The process of removing President from his
office is called as “Impeachment”.
The constitution does not lay down any grounds upon
which a governor may be removed by President.
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- Impeachment motion must be passed by two
third majority of the absolute membership of each
house of the Parliament separately.
Discretionary
Power
President has not constitutional discretion. He
have some situation discretions.
1) Appointment of Prime Minister when no party
has clear majority in the Loksabha or office of
Prime Minister suddenly falls vacant upon death
of Prime Minister.
2) Dismissal of Council of Minister if it looses
confidence of Loksabha.
3) Dissolution of the Loksabha if Council of
Minister has lost its majority.
Governor enjoys following constitutional discretion.
1) Reservation of a bill for the consideration of the
President (Article 200)
2) Recommendation for the imposition of the Presidents
Rule in the State.
3) While exercising his functions as the administrator of
the adjoining union territory.
4) Securing information from the Chief Minister with
regards to the administrative and legislative matter of the
State.
In addition to constitutional discretion Governor enjoys
same situational discretion as President of India.
Position
during
Emergency
- Emergency can be declared only by President.
- Powers of the President remains the same even
during operation of any emergency. He cannot
function independently. He has to function on the
aid and advice of Central Council of Minister.
- Governor cannot declare emergency.
-During Presidents rule, State Governor on behalf of
President, carries on the state administration with the help
of Chief Secretary of the State or advisors appointed by
the President.
RK IAS Academy
Polity Made Easy 44 By Gaurav Kotecha
Pardoning Power of The President (Article 72)
Pardon Commutation Remission Respite Reprive
It completely
absolves the
convict from all
sentences and
punishment by
removing sentence
and conviction
It denotes the
substitution of one
form of punishment to
lighter form. E.g.
Commuting death
sentence to Rigorous
imprisonment
It implies reduction in
the period without
changing its character.
E.g.Rigorous
imprisonment can be
changed to less period of
rigorous imprisonment.
It denotes awarding lesser
sentence in place of one
originally awarded due to
some special facts such as
physical disability of
convict or pregnancy of
women offender.
It implies a stay of the
execution of a sentence
(especially that of death
sentence) for temporary
period.
Comparing pardoning Powers of President and Governor
S.No. President Governor
1. He can pardon, reprieve, respite, remit, suspend or
commute the punishment or sentence of any person
convicted of any offence against a Central Law.
He can pardon, reprieve, respite, remit, suspend or commute the
punishment or sentences of any person convicted of any offence
against a State Law.
2. He can pardon, reprieve, respite, remit, suspend or
commute a death sentence. He is the only authority
to pardon a death sentence.
He cannot pardon a death sentence. Even if a State law
prescribes for death sentence, the power to grant pardon lies
with the President and not the governor. But, the governor can
suspend, remit or commute a death sentence.
3. He can grant pardon, reprieve, respite, suspension,
remission or commutation in respect to punishment
or sentence by a court-martial (military court).
He does not possess any power with respect to court martial.
RK IAS Academy
Polity Made Easy 45 By Gaurav Kotecha
Categories of Ministers
Cabinet Ministers Minister of State Deputy Minister
Usually senior and experienced members
of party or parties forming the
Government are appointed by President of
India/Governor as Cabinet Ministers.
These are considered as Junior Ministers and
have less importance compared to Cabinet
Ministers.
They are not given the
independent charge of ministry
or department.
Usually they are given the charge of
important ministry.
They are attached to cabinet ministers or
sometimes given independent charge of some
ministry.
They are attached to the cabinet
ministers or ministers of State to
assist them.
No. of Cabinet Ministers is not fix. Prime
Minister/Chief Minister recommends
Presidents/Governor as per his vision and
requirement of the Government.
No. of ministers is also not fixed. It is decided
by Prime Minister/Chief Minister time to time.
No. of deputy ministers is also
not fix, prime minister/chief
minister appoints them as per
requirement.
Cabinet usually meets once a week only
cabinet ministers takes part in meetings
hence it is also called as cabinet meeting.
Other categories of minister do not take
part in cabinet meeting.
They do not generally, take part in cabinet
meeting. They can do so only on the invitation
of Prime Minister. Even though they do not take
part in cabinet meeting decisions taken by
cabinet are binding on them.
They do not take part in the
meeting of cabinet.
Cabinet plays central part in policy
formulation and decision making.
They implement the decision taken by the
cabinet.
They assist their superior
ministers in their administrative,
political, Parliamentary duties.
Their salaries and allowances are
determined by act of Parliament/State
Legislature.
Their salaries and allowances are similar to
cabinet ministers.
Their salaries and allowances
are usually less than minister of
State.
RK IAS Academy
Polity Made Easy 46 By Gaurav Kotecha
Difference between Council of Minister and Cabinet
Council of Ministers Cabinet
It is a bigger body consisting of approximately 60 to 70
ministers.
It is a smaller body consisting of 15 to 20 ministers.
It includes all the three categories of ministers, that is. It includes the cabinet ministers only. Thus, it is a part of the
council of ministers.
It does not meet, as a body, to transact government
business. It has no collective functions.
It meets frequently and usually once in a week to deliberate and
take decisions regarding the transaction of government business.
Thus, it has collective functions.
It is vested with all powers but in theory. It exercises, in practice, the powers of the council of ministers and
thus, acts for the latter.
Its functions are determined by the cabinet. It directs the council of ministers by taking policy decisions which
are binding on all ministers.
It implements the decision taken by the cabinet. It supervises the implementation of its decisions by the council of
ministers.
It is a Constitutional Body, dealt in details by the Articles
74 and 75 of the Constitution. Its size and classification
are, however, not mentioned in the Constitution. Its size is
determined by the Prime Minister according to the
exigencies of the time and requirements of the situation.
Its classification into a three-tier body is based on the
conventions of Parliamentary government as developed
in Britain. It has, however, got a Legislative sanction.
Thus, the Salaries and Allowances act of 1952 defines a
‘minister’ as a ‘member of the council of ministers, by
whatever name called, and includes a deputy minister’.
It was inserted in Article 352 of the Constitution in 1978 by the
44th Constitutional Amendment Act. Now also, Article 352 only
defines the cabinet saying that it is the council consisting of the
prime minister and other ministers of cabinet rank appointed under
Article 75’ and does not describe its powers and functions. In
other words, its role in our politico-administrative system is based
on the conventions of Parliamentary government as developed in
Britain.
It is collectively responsible to the Lower House of the
Parliament.
It enforces the collective responsibility of the council of ministers
to the Lower House of Parliament.
RK IAS Academy
Polity Made Easy 47 By Gaurav Kotecha
Comparison of Rajyasabha and Loksabha
Rajyasabha Loksabha
Representation It represents the States of Union of India It represents the citizens of India.
Status
Election
- It is upper house of Indian Parliament.
- Members of Rajyasabha are elected by
members of State Legislative assembly by
proportional representation system.
-Each member has to take oath of the office.
- It is lower house of Indian Parliament.
- Members of Loksabha are elected by the citizens of India
by first past the post system from territorial constituency.
- Each member have to take oath of the office.
Composition 250 (238-Representing State while 12
nominated by President)
552 (550 to be elected from territorial constituencies from
across the nation and 2 members nominated by President
from Anglo Indian Community.
Present
Strength
245 (233 representing States and UT’s of
Delhi and Pondicherry and 12 are nominated
by President.
545 (543 elected by citizens and 2 are nominated by the
President from Anglo Indian Community).
Tenure of the
house
It is permanent house. Each member have 6
years tenure.1/3rd members retires every two
years.
It is non-permanent house i.e. the house is dissolved after
completion of its tenure. The tenure of house and its
members is 5 years.
Reservation There is no reservation for SC’s ST’s in
Rajyasabha.
SC’s and ST’s get reservation for the membership of
Loksabha in proportion of their population.
Qualification - He must be a citizen of India.
- He must be not less than 30 years of age.
- He must be an elector in any of the
Parliamentary constituency in India.
- He must be citizen of India.
- He must not be less than 25 years of age.
- He must be an elector in any of the Parliamentary
Constituency in India.
Special
Powers
- Rajyasabha can authorize Parliament to make
a law on a subject enumerated in the State list
(Article 249)
- It can authorize Parliament to create new All
India Services common to both the Center and
- A money bill can be introduced only in Loksabha.
- Speaker of the Loksabha decides whether particular bill is
money bill or not.
- The speaker of Loksabha presides over the joint sitting of
the Parliament.
RK IAS Academy
Polity Made Easy 48 By Gaurav Kotecha
States (Article 312)
- A resolution seeks to remove Vice President
of India who is ex-officio chairman of
Rajyasabha can only be introduced in
Rajyasabha.
- A resolution for discontinuance of national emergency can
be passed only by Loksabha and not by Rajyasabha.
- Confidence motion, no-confidence motion and adjournment
motion can only be introduced in Loksabha.
Presiding
Officer
- Vice President of India is ex-officio
chairman of Rajyasabha.
- Deputy Chairman is elected from among the
members of the house.
- There is no concept of speaker pro-term.
- Both the speaker and deputy speaker are elected from
among the members of the house.
- Speaker pro-term administers the oath of office to the
members of newly elected house.
Comparison of Rajyasabha and State Legislative Council
Points of
Comparison
Rajyasabha State Legislative Council
Representation It represents states of the union in Parliament. It represents various interest groups in that State. E.g.
Graduates, Teachers, Local Bodies etc.
Status It is upper house of Parliament. It is permanent
house i.e. it cannot be dissolved.
It is upper house of State Legislature. It is also permanent
house i.e. It cannot be dissolved.
Constitutional
Provisions
Article 79 to 122
(Same for Rajyasbha and Loksabha)
Existence of this house is guaranteed by the
Constitution.
Article 162 to 212
(Same for Legislative assembly and council)
This house may exist or may not exist in particular State.
It’s existence depends on will of the State Legislative
Assembly. As of 2014 only seven states have the council.
Composition Constitution fixes the strength of Rajyasbha at
maximum 250, 238 representing states and union
territory’s of Delhi and Pondicherry and 12 are
nominated by the President. The present strength
The maximum strength of the council is fixed at one third
of the total strength of the assembly and the minimum
strength is fixed at 40. The minimum strength criteria is
not applicable to J & K. J & K Legislative council has 36
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of Rajyasbha is 245. members. The actual strength of council is fixed by
Parliament.
Election Elections are conducted by Election Commission
of India by using proportional representation
through single transferable vote system.
Elections are conducted by Election Commission of India
by using proportion representation through single
transferable vote system.
Members Members are called Members of Parliament
(MP)
Members are called Members of State Legislative Council
(MLC)
Qualifications 1) He must be citizen of India.
2) He should have completed 30 years of age.
3) He must possess other qualifications
prescribed by Parliament.
1) He must be citizens of India.
2) He should have completed 30 years of age.
3) He must possess other qualifications prescribed by
Parliament.
Presiding
Officer
Vice-President of India is ex-officio, Chairman
of Rajyasbha. It means whoever is Vice
President will automatically become Chairman
of Rajyasabha.
In a state there is no corresponding post to Vice-President.
Hence, Chairman of the Council is elected from amongst
the members of the house.
Power and
functions of
the house
It legislates on subjects mentioned in union list
and concurrent list. It can also authorize
Parliament to legislate on subject in state list in
special cases.
It legislates on the subjects mentioned in the state list and
concurrent list.
Status
compare to
Lower House
The Rajyasabha has equal powers with Loksabha
in all spheres except financial matters and with
regards to the control over Government.
The position of council vis-à-vis the assembly is much
weaker than the position of the Rajyasabha vis-à-vis
Loksabha.
Language in
the house
The constitution has declared Hindi and English
as languages of business in the house. Presiding
Officer can permit a member to speak in his
mother tongue.
The constitution has declared the official languages of the
State or Hindi or English as language of business in the
house. Presiding officer can permit a member to speak in
his mother tongue.
RK IAS Academy
Polity Made Easy 50 By Gaurav Kotecha
Comparison of Loksabha and State Legislative Assembly
Loksabha State Legislative Assembly
Representation It represents citizens of entire India It represents citizens of that particular state.
Constitutional
Provisions
Article 79 to 122
(Same for Rajyasabha and Loksabha)
Article 162 to 212
(Same for Legislative Council and Legislative Assembly)
Composition Maximum strength of Loksabha is fixed at 552.
530-Elected from States.
20-Elected from Union Territories.
2-Nominated by President from Anglo-Indian
Community.
- Strength of legislative assembly varies according to its
population. The minimum strength is 60 where as
maximum is 500.
- Governor can nominate one member, Anglo-Indian
community on the Legislative Assembly.
Elections Elections are conducted by Election Commission
of India. Using first past the post system.
Elections are conducted by Election Commission of India.
Using first past the post system.
Manner of
election
Directly elected by people of entire India from
territorial constituency.
Directly elected by the people of State / province from
territorial constituency.
Qualifications
for
membership
1) He must be citizen of India.
2) He must have completed 25 years of age.
3) He should not hold office of profit.
1) He must be citizen of India.
2) He must have completed 25 years of age.
3) He should not hold office of profit.
Members Members are called Member of Parliament (MP) Members are called Member of Legislative Assembly
(MLA)
Presiding
Officer
Presiding Officer is called speaker of the
Loksabha. He is elected from amongst the
members of the house.
Presiding officer is called speaker of the Assembly. He is
elected from amongst the members of the house.
Powers and
Functions
Loksabha legislates on the subject mentioned in
union list and concurrent list. Generally law
enacted by Loksabha on the subject in concurrent
list prevails over law enacted by the State
Legislature.
Assembly Legislates on the subject mentioned in the state
list and concurrent list. Generally law enacted by State
Legislature on the subject in concurrent list takes back
stage to law enacted by Parliament.
Language in The constitution has declared Hindi and English The constitution has declared the official languages of the
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the house as languages of business in the house. Presiding
Officer can permit a member to speak in his
mother tongue.
State or Hindi or English as language of business in the
house. Presiding officer can permit a member to speak in
his mother tongue.
Grounds of Disqualification of members of Parliament and State Legislature
Under provision of Constitution
(Disqualified for being elected as
member of Legislature)
Under Representation of People Act, 1951
(Elected membership is canceled if found
guilty under this act)
On the Ground of Defection (elected
members membership is canceled if
be found guilty under anti-defection
Law 1985)
If he holds any office of profit under
the Union or State Government
(except that of a minister or any
other office exempted by Parliament)
If he is of unsound mind and stands
to be declared by a court
If he is an undischarged insolvent.
If he is not a citizen of India or has
voluntarily acquired the citizenship
of a foreign State or is under any
acknowledgement of allegiance to a
foreign State; and
He must not have been found guilty of
certain election offences or corrupt practices
in the elections.
He must not have been convicted for any
offence resulting in imprisonment for two or
more years. But, the detention of a person
under a preventive detention law is not a
disqualification.
He must not have failed to lodge an account
of his election expenses within the time.
He must not have any interest in government
contracts, works or services.
He must not be a director or managing agent
or hold an office of profit in a corporation in
If he voluntarily gives up the
membership of the political party on
whose ticket he is elected to the House;
If he votes or abstains from voting in
the House contrary to any direction
given by his political party;
If any independently elected member
joins any political party; and
If any nominated member joins any
political party after the expiry of six
months.
Tenth Schedule of the Constitution lays
down the process by which legislator
may be disqualified on the grounds of
defection
RK IAS Academy
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If he is so disqualified under any law
made by Parliament.
which the government has at least 25 per
cent share.
He must not have been dismissed from
government service for corruption or
disloyalty to the State.
He must not have been convicted for
promoting enmity between different groups
or for the offence of bribery.
The question of disqualification is
decided by the President or Governor
of a State on the advice of election
Commission of India.
The question of disqualification under this
category is taken by the President or
Governor of respective State on the advice of
election commission of India.
Any such question is decided by
presiding officer of the house. E.g.
Speaker of Loksabha.
Session of the Legislature:- A Legislative session is the period of time in which a Legislature is convened for the purpose of
law making. It simply means that members of Legislature are sitting together and functioning and doing other Legislative
transactions.
Constitution of India provides that there should be no more than 6 months gap between two sessions of Legislature. Parliament
of India have three sessions annually. It meets for Budget session, monsoon session and winter session. The time period of each
session is decided by the President of India (Governor in case of State Legislature). In addition to normal sessions there can be
extra session of Parliament which are also called/summoned by President. (Governor in case of State Legislature). A session
consists of many sittings.
RK IAS Academy
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Terms Related to Session of Legislature
(Applicable to both Parliament and State Legislature)
Summoning Adjournment Adjournment Sine
Die
Prorogation Dissolution
When President /
Governor call upon
the session of
Parliament State
Legislature it is
called as
Summoning.
Session of
Legislature is
summoned by
President/ Governor
on the aid and
advice of their
respective council
of ministers
An adjournment
suspends the work in
sitting for a specified
time, which may be
hours, days or week.
Presiding officer of the
house gives adjourn-
ment order. At that
time he also specifies
the exact date and time
of next sitting of the
house.
Adjournment of the
house does not affect
the bills or any other
business pending
before the house and
the same can be
summed when the
house meets again.
It means terminating a
sitting of Parliament
for indefinite period
without specifying the
exact time and date of
next sitting.
The power of
adjournment since die
lies with the presiding
officer of the house.
Prorogation means
termination of the session
of the Legislature. When
the business of the
session is completed the
presiding officer declares
the house to be adjourned
since die. After that
President / Governor
prorogue the session of
the Legislature.
It does not affects the bill
pending, reports etc.
before the house.
However all pending
notices (except for
presenting the bills in
hours) lapses on
prorogation and fresh
notices has to be given in
next session.
Dissolution of the house
means the end of the life
of the house.
Rajyasabha at the center
and Legislative Council
(If it exists) at State
Level are permanent
houses. Therefore not
subject to dissolution
only lower house of the
Legislature i.e. Loksabha
and State Legislative
Assembly can be
dissolved.
After house is dissolved
a new house is
constituted after general
election are held.
With the dissolution of
the lower house term of
all of its members also
comes to an end.
RK IAS Academy
Polity Made Easy 54 By Gaurav Kotecha
Types of Questions
(Asked during Question Hour)
Point of
Difference
Starred Question Unstarred Question Short Notice Question
Meaning It is a question which requires oral
answer and hence supplementary
question can be asked
Answer to unstarred question is
given in written form and hence
supplementary question cannot be
asked.
A question relating to matter of
urgent public importance may
be asked with notice shorter
than 10 days time. Such
question are answered orally.
Supplementary
Questions
-Supplementary question can be
asked.
- The member who have asked such
can ask two supplementary
questions.
-Speaker or chairman may allow
one member of opposition and One
member of Government side to ask
supplementary if he thinks it
necessary.
- Supplementary questions cannot
be asked.
- Supplementary questions can
be asked.
Limits on
number of
questions
- One member can ask only one
question in one day.
- The total number of starred
question for one day is not more
than 20 questions.
- Maximum 230 questions of this
category are laid on the table of
the house of Loksabha. But no
such number have been fixed for
Rajyasabha but normally it is less
than 200 questions a day.
- Only one such question is
allowed for particular day in the
house.
How questions
are answered
- Presiding officer calls the member
to ask his question. The member
rises to his place and just reads the
- Answers to unstarred question
are laid on the table of house at the
end of Question Hour.
- A member asking such
question has to give brief reason
for asking the question.
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question number. Thereafter
minister replies to the question.
- Only few questions out of
maximum 20 questions are
answered orally due to time limits.
Written answer for the rest of the
starred question is laid on the table
of house by the ministers
concerned.
- Minister concerned can accept
or decline to answer the
question.
- If minister chooses to decline
the answer, presiding officer
may direct that the question may
be placed as first question on the
list of question to be answered
orally after such question satisfy
condition of minimum 10 days
advance notice.
Notice -The member has to submit his
question to the Secretary General of
the concerned house.
- The notice should be given before
10 days and not more than 21 days.
- The member has to submit his
question to the Secretary General
of the concerned house.
- The notice should be given
before not less than 10 days and
not more than 21 days.
- Question may be asked with
notice shorter than 10 days.
NOTE :
- Speaker or Chairman decides the category of the question whether it should be considered starred or unstarred and his
decision is final.
- In addition to above three kinds, a question may be addressed to a private member, provided the subject matter of the
question relates to some bill, resolution or any other matter concerned with the business of the house for which that member
is responsible. No supplementary question can be asked to such question. Similarly no short notice question can be addressed
to private member.
RK IAS Academy
Polity Made Easy 56 By Gaurav Kotecha
TYPES OF BILLS
(On the basis of who tables the bill in the house)
Public Bills Private Bills
A Bill introduced by minister is called as Public Bill A bill introduced by any other member of Legislature who is not
a minister is called as private bill. Private member can be from
opposition party or ruling party.
It has greater chances to be approved by Parliament as
Government enjoys the majority support of the house
It has lesser chance to be approved by Parliament. The Rights of
Transgender Persons Bill, 2014 is the only bill that got approval
of Parliament in last 45 years. Only 14 such bills are passed since
independence.
Its rejection in the lower house of the Legislature amounts
to expression of want of Parliamentary confidence in the
Government and may lead to its resignation.
Its rejection by the house has no implication on the
Parliamentary confidence of the Government.
Its introduction in the house requires notice of 7 days Its introduction in the house requires notice of one month.
It is drafted by concerned department in consultation with
Ministry of Law.
Its drafting is the responsibility of the minister concerned.
NOTE :
1) A bill is a proposal for legislation and it becomes an act or law when duly enacted.
2) Both the types of bill i.e. public bill and private members bill are governed by same Legislative procedure and pass through
the same stages in the house.
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Types of Bills
(On the basis of purpose of the bill)
Point of
Difference
Ordinary Bill Money Bill Finance Bill Constitutional Amendment
Bill
Purpose of the
bill
A bill which is
concerned with any
other matter than
finance bill. Money
bill or Constitutional
Amendment Bill is
called as Ordinary
Bill.
Money bill is the bill
that solely concerns
with raising the money
through taxation or
borrowing or any other
means or the
expenditure of the
Government,. It is also a
type of finance bill.
Finance bill apart from
being a money bill may
also have other
provisions. Finance
Bill-I and Finance Bill-
II are two categories of
this kind.
The bill which seeks to
addition, variation/ change or
repeal any provision of the
Constitution is called as
Constitutional Amendment
Bill.
Article -- Article 110 Article 117 Article 368
Introduction in
the house
It can be introduced
in either house of
Parliament i.e.
Loksabha or
Rajyasabha
It can only be
introduced in Loksabha.
Prior approval of the
President is required for
this bill.
Finance Bill-I can be
introduced only in
Loksabha once passed
by Loksabha it becomes
ordinary Bill. Finance
Bill-II is governed by
same procedure that of
ordinary bill.
It can be introduced in either
house of Parliament. State
Legislature cannot initiate
amendment process only
Parliament can amend the
Constitution.
Who can
introduce
Any member of
Parliament i.e.
Minister or Private
Member.
It can be introduced
only by Government i.e.
by Minister or Private
Member cannot
introduce this bill.
It can be introduced
only by Government i.e.
Minister or Private
Member cannot
introduce this bill.
Any member of Parliament can
introduce this bill.
Procedure Both the houses Loksabha have greater Both the houses should Both the house must pass the
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should pass the bill
independently
say in passing money
bill.
pass the bill
independently
bill separately.
Provision of
Joint Sitting
Joint sitting is
possible in case of
deadlock between
two houses of
Parliament.
As Loksabha has
greater say in passage of
bill joint sitting is not
required.
Joint sitting is possible
in case of dead lock
between the house of
Parliaments.
Provision of joint sitting is not
applicable to this bill. Both
houses must pass the bill
separately.
Type of
majority
Simple majority Simple majority Simple majority As necessary simple majority,
special majority or special
majority with consent of half
the States.
Power of
Rajyasabha
Rajyasabha can
reject the bill. But
this power becomes
ineffective due to
provision of joint
session.
Rajyasabhacannot reject
or amend money bill. It
can only make
recommendation. These
recommendations are
not binding on
Loksabha, This means
Rajyasabha have
limited/restricted
powers with respect to
money bill.
Generally Rajyasabha
can reject the bill.
(There are some
exceptions). However
due to provision of joint
sitting, power of
Rajyasabha becomes
ineffective.
Rajyasabha can accept or reject
the amendment bi..Amendment
bill is required to be passed by
both the houses of Parliament
separately. There is no
provision of joint sitting for
amendment bill. It means
Rajyasabha enjoys effective
power with respect to
amendment bill.
Prior approval
of the President
for introduction
in the
Legislature
Prior approval of the
President not
required.
Prior approval of the
President is required.
Prior approval required
for Finance Bill-I but
not required for finance
Bill-II. However
Presidents
recommendation is
required for
Prior approval of the President
not required.
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consideration of this bill
in the house.
Assent of the
President
President has
following option-
- Give assent
- Return the bill for
reconsideration of
the Parliament.
- Neither approve
nor reject the bill
He can give his assent
or withhold his assent
but cannot reject. As the
bill is presented prior
consent of the President,
he generally gives his
assent.
He can give his assent
or withhold his assent
but cannot reject. As the
bill is presented prior
consent of the President,
he generally gives his
assent.
President has to give his assent.
He cannot reject or withhold
his assent.
Procedure of Passing a bill in Parliament
Bill can be introduced by minister or private member
Giving notice for introduction of the Bill.
(7 days notice if Government Bill, one month notice if private bill)
Bill can be introduced in either house of Parliament.
(Money Bill and Finance Bill-I can be introduced only in Loksabha and these bills cannot be introduced in Rajyasabha)
Introduction in Loksabha Introduction in Rajyasabha
First Reading, Second Reading, Third Reading in the House. First Reading, Second Reading, Third Reading in the house
If the bill is passed by first house i.e. Loksabha, it will be
sent to second house i.e. Rajyasabha
If the bill is passed in first house i.e. Rajyasbha, it will be sent
to second house i.e. Loksabha.
Bill will be tabled in Rajyasabha. Bill will be tabled in Loksabha.
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First Reading, Seconding Reading, Third Reading in the
Rajyasabha.
First Reading, Second Reading, Third Reading in the
Rajyasabha.
If the bill is also passed by other house i.e. Rajyasabha, it
will be sent to the President for his consent.
If the bill is also passed by other house i.e. Loksabha, it will be
sent to President for his consent.
If the President gives his consent Bill becomes Act.
Then Act is published in Official Gazette and enforced as per the date mentioned.
NOTE -
1) The day of introduction of the bill in the house is decided by speaker/chairman as the case may be.
2) A copy of bill is made available to every member of the house two days prior to its introduction in the house.
READING STAGE :
First Reading :
- After question Hour on the appointed day minister or member concerned tables the bill in the house.
- There is no discussion at this stage. But if the bill is opposed on the basis of jurisdiction / competence of Parliament then
presiding officer may allow discussion. In such situation Attorney General can also take part in discussion.
- There is no restriction on the number of bills to be introduced on particular day or a minister may introduce as many bills as
he wants.
- After introduction of the bill in the house it is published in the Gazette of India.
Secondary Reading :
- The Bill is thoroughly scrutinized and get its final shape.
- In this stage house have following four options :
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1) Referring Bill to select committee (Ad-hoc Committee appointed by the house).
2) Referring Bill to Joint Committee of the Both Houses. (Chairman of joint committee is appointed by presiding
officer of the house where bill was introduced).
3) Circulate the bill for elicit / public opinion.
4) To straightaway take it into consideration.
- If the bill is sent to the select committee, committee considers the bill clause by clause. After finalization committee present
its report to the house.
- The Bill can be circulated for public opinion only on the motion of house. After such motion is duly passed it is published in
official Gazette and also sent to States for their opinion. The time period of receiving opinion of public and other stake
holders is generally specified in the motion itself. These opinions are sent to the committee.
- Once the bill is presented to the house by committee it is discussed clause by clause. Each clause is placed before house
separately for discussion.
- During such discussion amendments to the bill can be moved by members with the permission of presiding officer. If
accepted, amendment becomes the part of the Bill.
Third Reading
- At this stage debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed. Only
verbal, formal and consequential amendments are allowed.
- House finally votes on the bill. If accepted it is sent to other house or President for his assent as the case may be.
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Comparing Legislative procedure in the Parliament and State Legislature
A. With Regard to Ordinary Bills
Parliament State Legislature
It can be introduced in either House of Parliament. It can be introduced in either House of the State Legislature
It can be introduced either by a minister or by a private
member.
It can be introduced either by a minister or by private member.
It passes through first reading, second reading and third
reading in the originating House.
It passes through first reading, second reading and third reading
in the originating House.
It is deemed to have been passed by the Parliament only
when both the Houses have agreed to it, either with or
without amendments.
It is deemed to have been passed by the State Legislature only
when both the Houses have agreed to it, either with or without
amendments.
A deadlock between the two houses takes place when the
second house, rejects the bill or proposes amendments that
are not acceptable to the first House or does not pass the bill
within six months.
A deadlock between the two Houses takes place when the
Legislative Council, after receiving a bill passed by the
Legislative Assembly, rejects the bill or proposes amendments
that are not acceptable to the Legislative Assembly or does not
pass the bill within three months.
The Constitution provides for the mechanism of joint sitting
of two Houses of the Parliament to resolve a deadlock
between them over the passage of a bill.
The Constitution does not provide for the mechanism of joint
sitting of two Houses of the State Legislature to resolve a
deadlock between them over the passage of a bill.
The Loksabha cannot override the Rajyasabha by passing the
bill for the second time and vice versa. A Joint sitting is the
only way to resolve a deadlock between the two Houses.
The Legislative Assembly can override the Legislative council
by passing the bill for the second time and not vice versa.
When a bill is passed by the Assembly for the second time and
transmitted to the Legislative council, if the Legislative council
rejects the bill again, or proposes amendments that are not
acceptable, to the Legislative Assembly, or does not pass the
bill within one month, then the bill is deemed to have been
passed by both the Houses in the form in which it was passed
by the Legislative Assembly for the second time.
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The mechanism of joint sitting for resolving a deadlock
applies to a bill whether originating in the Loksabha or the
Rajyasabha. If a joint sitting is not summoned by the
President, the bill ends and becomes dead.
The mechanism of passing the bill for the second time to
resolve a deadlock applies to a bill originating in the
Legislative Assembly only. When a bill, which has originated
in the Legislative council and sent to the Legislative Assembly,
is rejected by the latter, the bill ends and becomes dead.
B. With Regard to Money Bills
Parliament State Legislature
It can be introduced only in the Loksabha and not in the
Rajyasabha.
It can be introduced only in the Legislative Assembly and not
in the Legislative Council
It can be introduced only on the recommendation of the
President.
It can be introduced only on the recommendation of the
governor.
It can be introduced only by a minister and not by a private
member.
It can be introduced only by a minister and not by a private
member.
It cannot be rejected or amended by the Rajyasabha. It should
be returned to the Loksabha within 14 days, either with or
without recommendations.
It cannot be rejected or amended by the Legislative council. It
should be returned to the Legislative Assembly within 14 days,
either with or without amendments.
The Loksabha can either accept or reject all or any of the
recommendations of the Rajyasabha.
The Legislative Assembly can either accept or reject all or any
of the recommendations of the Legislative council.
If the Loksabha accepts any recommendation, the bill is then
deemed to have been passed by both the Houses in the
modified form.
If the Legislative Assembly accepts any recommendations, the
bill is then deemed to have been passed by both the Houses in
the modified form.
If the Loksabha does not accept any recommendation, the bill
is then deemed to have been passed by both the Houses in the
form originally passed by the Loksabha without any change.
If the Legislative Assembly does not accept any
recommendation, the bill is then deemed to have been passed
by both the Houses in the form originally passed by the
Legislative Assembly without any change.
If the Rajyasabha does not return the bill to the Loksabha
within 14 days, the bill is deemed to have been passed by
both the Houses at the expiration of the said period in the
If the Legislative council does not return the bill to the
Legislative Assembly within 14 days, the bill is deemed to have
been passed by both the Houses at the expiration of said period
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form originally passed by the Loksabha. in the form originally passed by the Legislative Assembly.
The Constitution does not provide for the resolution of any
deadlock between the two houses This is because, the will of
the Loksabha is made to prevail over that of the Rajyasabha,
if the latter does not agree to the bill passed by the former.
The Constitution does not provide for the resolution of any
deadlock between the two Houses. This is because, the will of
the Legislative Assembly is made to prevail over that of
Legislative Council, if the latter does not agree to the bill
passed by the former.
Types of Expenditure
Expenditure charged upon consolidated Fund of India Expenditure made from consolidated Fund of India
It is the expenditure which Parliament has to make.
Parliament cannot vote on this expenditure. However
discussion on this expenditure is possible.
It is an expenditure for which prior approval of the Parliament
is necessary. Without approval of the Parliament not a single
penny can be spent.
Emoluments, salaries allowances and other expenditures of
the following as the case may be, is charged expenditure.
- President and Vice President.
- Speaker, Deputy Speaker of Loksabha and Deputy
Chairman of Rajyasabha.
- Judges of Supreme Court.
-Pensions of Judges of High Court.
-CAG, UPSC,
-Interest charges of the debt.
Voting as well as discussion takes place for this kind of
expenditure.
These are the charges which essentially have to be paid by the
Government. These expenditure have to be paid whether
Budget is passed or not in the Parliament.
All demand for grants including Budget are expenditure made,
hence discussed and voted in Parliament.
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Types of Funds
Consolidated Fund of India Public Account of India Contingency Fund of India
Article Article 266(1) Article 266(2) Article 267
Source All the revenue received by
Government of India, Loan
received, repayment of loan given
or interest on such loan. Profit
earned from PSUS, aid received is
credited to consolidated fund of
India.
All other public money which is
not credited to consolidated fund
of India shall go to public account.
It includes, provident fund
deposits, judicial deposits, saving
deposits, departmental deposits.
This fund is created specifically to
enable Government to spend money
in the situation of emergency because
no amount can be withdrawn from
consolidated fund without approval of
Parliament, which is time consuming
process. So Parliament set aside some
fund for contingency.
Controlling
Authority
Parliament Executive i.e. Government Held by finance secretary on behalf of
President
Method of
taking
money out
of the fund
No money can be withdrawn from
this fund except authorization of
Parliament. It means a appropriation
bill has to be passed by Parliament
for disbursement of money from
this fund.
This account is operated by
executive action i.e. the payment
from this account can be made by
executive directions.
This fund is placed at the disposal of
the President and he can make
advances out of it. Later
Parliamentary approval is taken for
the expenditure made from this
account.
Audit Audited by Comptroller and
Auditor General of India
-- Audited by Comptroller and Auditor
General of India.
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Types of Committees
(On the basis of their period of existence)
Standing Committees Ad-hoc Committees
The standing committees are constituted every year. Ad-hoc committees are temporary and created for specific task.
They work on continuous basis. Once the task at their hand is completed they cease to exist.
There are three financial committees and 24 departmental
standing committees which falls in the category of standing
committee.
E.g. Public Accounts Committee.
Ad-hoc committees include the enquiry committees, joint
committees and select committees etc.
E.g. Joint Parliamentary Committee on 2G Scan.
Each house have standing committees of their own. Each house can also have Ad-hoc committees of their own.
Generally members are nominated by speaker and chairman
from their respective houses except for financial
committees.
Members are nominated by speaker and chairman from
respective house of Parliament.
Types of Committees
(On the basis of their composition)
Select Committee Joint Committee
All the members come from particular house. Members of Joint Committee come from both the houses of
Parliament generally 2:1 ratio of Loksabha and Rajyasabha.
Speaker or chairman as the case may be nominates the
members of select committee and Chairman.
Members are nominated by speaker and chairman from
their respective houses.
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Important Financial Committees
Point of
Difference
Public Accounts Committee Estimates Committee(Continuous
Economy Committee)
Committee on Public Undertaking
Origin Established in 1921 under
provisions of Government of
India Act,1919
It also has its origin in Government
of India Act, 1919. However this
Committee was set upon the
recommendation of finance minister
of that time John Mathai in the year
1950.
It was created in the year 1964 on the
recommendation of Krishna Menon
Committee.
Term 1 Year 1 Year 1 Year
Composition Seven members are from
Rajyasabha fifteen members are
from Loksabha.
All 30 members are from Loksabha.
Rajyasabha do not have
representation in Estimates
Committees.
Seven members are from Rajyasabha
and Fifteen members are from
Loksabha.
Membership Members are elected from
respective house.
Members are elected from respective
house.
Members are elected from respective
house.
Chairman As a matter of practice, since
1967, a member from opposition
party is appointed as chairman
by the speaker of the Loksabha.
The chairman of the committee is
appointed by the speaker of the
Loksabha and he is invariably from
the ruling party.
A member from Loksabha is
appointed as chairman by the speaker.
Member from Rajyasabha cannot
become Chairman.
Function It examines the annual audit
report of CAG, which are laid
before the Parliament. It
examines public expenditure
from legal, formal point of view,
economy, prudence etc.
It examines the estimates included in
the budget and suggest economies in
public expenditure.
It examines the report of CAG
regarding public sector undertakings.
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Procedure of Removal of Judge of Supreme Court (Article 124(4))
(Under Judges Enquiry Act, 1968)
Judge of Supreme Court can only be removed on the grounds of proved misbehavior or incapacity.
A motion seeks to remove judge can be presented in either house of Parliament
(State Legislatures have no role in the removal process of judges of either supreme court or high court)
Such removal motion shall be signed by 100 members if it is introduced in Loksabha or 50 members in case of Rajyasabha.
The Speaker or Chairman, as the case may be, may admit or refuse to admit the motion.
If admitted the speaker / chairman will appoint a committee comprising of (a) Chief justice or a judge of Supreme Court, (b)
Chief Justice of a high court and (c) a distinguished jurist, to investigate the charges on the judge.
The Committee should submit its report to the house which appointed such committee. The report is also shared with other
house. However recommendation of such committee is not binding on the Parliament.
The motion, if taken for consideration by the house, has to be passed by special majority.
If the bill is passed it is sent to second house for their consideration.
(Such motion must be passed by both houses separately with special majority. There is no provision of joint sitting.)
If, the other house also passes the motion with special majority, then it is addressed to the President.
Finally President passes the order to remove removing judge.
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Note :
1. So far no judge is removed from his post.
2. Procedure for removal of judge of high court is same as that of judge of Supreme Court.
3. State Government or State Legislature have no role either in appointment or removal of judges of supreme court or high
court.
Difference Between
Panchayat Raj System Urban Local Bodies
Panchayat Raj is Local Self Government in the rural areas. It is a local self Government in the urban areas.
It is based on 73rd Amendment Act. It is based on 74th Amendment Act.
Panchayat Raj is a hierarchical system. It means
ZilhaParishad controls the PanchyatSamiti and
PanchyatSamiti in turn controls the Gram Panchayats.
Urban Local Bodies consist of three types i.e. Municipal
Corporations. Municipal Council and Nagar Panchayat. These
bodies are independent of each other. They do not control each
other.
In Panchayat Raj System Gramsabha is the institution
through which people have direct participation in the local
government.
In the urban Local bodies no system such as Gramsabha exist to
ensure direct participation of people in the decision making.
District is nodal point of planning and decisions making.
For development of entire district a district planning
committee is established.
The urban local bodies are nodal point for planning and
development. Smaller local bodies are given representation in
district planning committee. But for larger metropolitan areas
metropolitan planning Committee is established.
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Types of Organization / Bodies
Constitutional Bodies Statutory Executive Bodies
These bodies are established on the
basis of provision of the Constitution
These are also called extra-Constitutional
or non-Constitutional Bodies
These are also called extra Constitutional
or non-Constitutional Bodies.
E.g. - Election Commission of India
- Election Commission of State.
- Union and State Public Service
Commissions.
These bodies are established on the basis
of provision of law enacted by the
Legislature.
These bodies are established by an
executive order of the ministry of the
Union or State.
These bodies are independent i.e.
Government cannot interfere in their
functioning.
E.g.-National Commission for Women.
-National Human Rights Commission.
NITI Aayog.
Their existence is guaranteed by the
Constitution.
These bodies are also independent.
Government cannot interfere, but
Government can bring change in this
bodies by making changes in the Statute.
UIDAI (now statutory body)
Expenditure of these bodies is changed
upon consolidated fund i.e. Parliament
has to give these expenses.
Their existence is guaranteed by statute.
But changes can be made easily through
change in law.
These bodies function directly under
concerned ministry, changes in such
bodies can be made by executive order.
Expenditure of these bodies is made from
consolidated fund of India. These
expenses are votable in Parliament.
Their existence is not guaranteed. Such
bodies can be dismantled by simple
executive order.
Expenditure of these bodies is made out
of consolidated fund of India. These
expenses are votable in Parliament.
RK IAS Academy
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Comparison of Constitutional Bodies
Power of
Comparison
Election Commission CAG Finance Commission
Constitutional
Provision
Article 324 Article 148 Article 280
Composition The Election Commission shall
consist of the Chief Election
Commissioner and such
member of other election
Commissioner if any, as the
President may from time to
time fix. As of now (2018),
there is Chief Election
Commissioner and two other
Commissioner.
The CAG is appointed by
President of India. CAG is head
of the body which is named
after its head, i.e. Comptroller
and Auditor General of India.
Chairman and four other members of
Finance Commission are appointed by the
President.
Tenure Election Commissioner holds
office for the term of six years
or until they attain the age of 65
years, whichever is earlier.
CAG holds office for the term
of six years or until they attain
the age of 65 years, whichever
is earlier.
The Chairman and members of Finance
Commission do not have fix tenure. It is
Ad-hoc body. Commission cease to exist
once it completes its task and so are the
members.
Removal of
the Chairman
and Members
Chairman and members can be
removed by President in the
same manner as the Judge of
the Supreme Court.
Chairman and members can be
removed by President in the
same manner as that Judge of
the Supreme Court.
The Chairman or member of Finance
Commission can be removed by
President.
Important
Functions
- Conducting, regulating and
control of the election for
President, Vice-President,
Parliament and State
- Basically CAG audits all the
expenditure made from
consolidated funds, Public
Account and contingency funds
-The distribution of net proceeds of taxes
to be spared between center and state and
allocation between states.
- The Principle that should govern grant in
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Legislature.
- Regulating political parties.
- Advising President and
Governor on the question of
disqualification of members of
Parliament or State Legislature
as the case may be, etc.
of India and of States.
- He also audits accounts of
PSU’s.
- He acts as a friend,
philosopher and guide of Public
Accounts Committee of the
Parliament.
aid to the states by the center.
- Any other matter referred to it by the
President.
Point to be
remembered
- Chief Election Commissioner
and other Commissioner
enjoysequal power and salaries.
- Constitution do not specify the
qualifications of Chief Election
Commissioner or other
Commissioner.
- CAG is chief of Audit and
Accounts Department.
- He is Guardian of Public
purse. Dr. B. R. Ambedkar
called him most important
Officer under Constitution.
- He is not eligible for
reappointment.
- Finance Commission submits its report
to President.
- However recommendation of the
Commission are not binding on the
President.
- Chairman or members are eligible for re-
appointment.
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Types of Elections
General election By Election Mid-Term Polls/Election
When the elections are held for all the
constituencies for particular political
system it is called as General Election.
When elections are held for one or few
constituency of any political system, it
will be called as a by election.
When Loksabha or Legislative Assembly
is dissolved before completion of the
tenure of house, the elections are held for
all the constituencies for the particular
house, it is called as midterm polls.
When the election for all seats of
Loksabha will be conducted it will be
general election of India.
When election is held for one or few
seats of Loksabha, it will be called as
Loksabha by elections.
The midterm polls of Loksabha were held
in the year 1980, 1991, 1996, 1998, 1999
etc. as the Loksabha was dissolved before
completion of their respective term.
When election will be held for all the
constituencies of State Legislative
Assembly of any State, it will be
General Elections of that particular
State.
By elections are held when any seat
falls vacant due to resignation, death or
removal of any seat of the Loksabha or
State Legislative Assembly. Such
election is held within 6 months of
occurrence of such vacancy.
Midterm polls held after dissolution of the
Loksabha or State Legislative Assembly
as the case may be.
General elections are held after
completion of tenure of the house. In
India tenure of lower house of the
Legislature is 5 years.
The representative elected in by election
is elected for the remaining period of
the house and not for five years.
The tenure of the house created after
midterm polls is full term of five years.
The tenure of the house created after
General election is five years.
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Categories of Civil Services
All India Service (Article 309) Central Service (Article 309) State Service (Article 309)
Meaning The members of these services are
recruited by the center, but their
services are placed under various
State cadres and they have the
liability to serve both under the
State and under the Center.
The members of these services are
recruited by the center and their
services are also placed under
Central Government.
The members of these services are
recruited by the States and their
services are also placed under State
Government.
Example There are only 3 All India
Services- Indian Administrative
Service. Indian Police Service.
Indian Forest Services.
There are multiple Central
Services- Indian Revenue Service.
Indian Postal Service. Indian
Railway Service etc.
There are multiple State Services-
Deputy Collector, Tehsildar, Deputy
Superintendent of Police. etc.
Recruitment By UPSC By UPSC By State Public Service Commission
Appointment
& Training
By Union Government i.e. by
President of India
By Union Government i.e. by
President of India.
By State Government i.e. by
Governor of State.
Temporary
Control
State Government if placed under
State Government or Central
Government if placed under
Central Government.
Central Government State Government.
Final/Ultimat
e Control
Central Government only
President can remove a person
from his service.
Central Government only
President can remove a person
from his service.
State Government - Governor of the
State can remove a person from his
service.
Posting Members can be posed anywhere
in India. They are given cadres
after appointment.
Members can be posted anywhere
in India under Central
Government.
Members are posted only within
their states.
Creation of
New Service
A new All India Service can be
created by Parliament only by the
authorization of Rajyasabha.
It can be created by Parliament. It can be created by State
Legislature.
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Comparison of Public Service Commissions
Point of
Comparison
UPSC State Public Service
Commission(SPSC)
Joint Public Service Commission
(JPSC)
Constitutional
Provision
Article 315 to 323 Article 315 to 323 Article 315 to 323
Composition The Chairman and members are
appointed by President.
However constitution does not
fix the strength. The matter is
left to the discretion of the
President. Usually Commission
consist of 9 to 11 members
including Chairman.
The Chairman and members are
appointed by the Governor of the
state. However constitution does not
fix the strength of the commission.
The matter is left to the discretion of
the Governor.
The Chairman and members are
appointed by President. However
constitution does not fix the
strength. The matter is left to the
discretion of the President.
Qualifications No qualifications are prescribed
for commissions membership
except that one-half of the
members of the commission
should have held office for at
least 10 years either under
Government of India or
Government of State.
No qualifications are prescribed for
commissions membership except that
one-half of the members of the
commission should have held office
for at least 10 years either under
Government of India or Government
of State.
No qualifications are prescribed for
commissions membership except
that one-half of the members of the
commission should have held office
for at least 10 years either under
Government of India or
Government of State.
Appointment By the President of India. By the Governor of respective State By the President of India.
Tenure/Term - Chairman and member holds
the office for the term of 6 years
or 65 years of age, whichever is
earlier.
- Member of UPSC can only be
appointed as Chairman of
- Chairman and members hold the
office for the term of 6 years or 62
years of age, whichever is earlier.
- A member of SPSC can only be
reappointed as Chairman of SPSC or
member or Chairman of UPSC.
- Chairman and members holds the
office for the term of 6 years or 62
years of age, whichever is earlier.
- A member of JPSC can only be
reappointed as Chairman of JPSC or
member or Chairman of UPSC.,
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Polity Made Easy 76 By Gaurav Kotecha
UPSC, further he is not eligible
for any office under
Government of Union or
Government of State.
- Chairman is not eligible for
any appointment after end of his
tenure.
Further he is not eligible for any
office under Government of Union or
Government of State.
- Chairman of SPSC can be appointed
as Chairman or Member of UPSC but
not to any other office.
further he is not eligible for any
office under Government of Union
or Government of State.
- Chairman of JPSC can be
appointed as Chairman or Member
of UPSC but not too any other
office.
Removal Chairman or member can be
removed on the grounds of
insolvency, holding any other
office of profit, interiority of
mind or body, or misbehavior.
The decision of removal is taken
by the President on the
recommendation of committee
of Supreme Court constituted by
him for enquiry.
Recommendation of such
committee are binding on the
President.
Chairman or member can be removed
on the ground of insolvency, holding
any other office of profit, interiority
of mind or body, or misbehavior. The
decision of removal is taken by the
President on the recommendation of
Committee of Supreme Court
constituted by him for enquiry.
Recommendation of such committee
are binding on the President.
It is to be noted that though a member
and Chairman of state public service
commission is appointed by Governor
only President has powers to remove
him from his office.
Chairman or member can be
removed on the ground of
insolvency, holding any other office
of profit, inferiority of mind or
body, or misbehavior. The decision
of removal is taken by the President
on the recommendation of
Committee of Supreme Court
constituted by him for enquiry.
Recommendation of such
committee are binding on the
President.
Important
Function
- It conducts examination for
appointment to the All India
Services, Central Services and
Public Services of Union
Territories.
- It serves all or any of the need
of the state on the request of
- It conducts examination for
appointment to the state services.
- Commission is also consulted by
State Government on the matter
related to personnel management.
- It conducts common examination
for appointment to the state service
for two or more states for which
such Joint Commission is
established.
- It is consulted by such State
Governments on the matter of
RK IAS Academy
Polity Made Easy 77 By Gaurav Kotecha
Governor and with the approval
of President.
- The commission is also
consulted by Government on
matters related to personnel
management.
personnel management of such
state.
NOTE :When legislature of two or more states requests. Joint Public Service Commission is established by President under Law
passed by Parliament.
Comparison of Planning Commission and NITI Aayog
Point of
Difference
Planning Commission NITI Aayog
Status Neither constitutional nor statutory body. Neither constitutional nor statutory body.
Establishment Established by executive order on 15th March 1950 Established by executive order on 1st January 2015.
Chairman Prime Minister is ex-officio Chairman. Prime Minister is ex-officio Chairman.
Deputy
Chairman
Appointed by the Prime Minister. Appointed by the Prime Minister.
Composition Structure was not fixed. It consisted of 4 to 7 full
time member and finance minister and minister of
planning as ex-officio members. It did not had
special invitees.
Structure is not fixed. Usually it consists of 12 full time
members, 2 part time members who must be specialists,
four Union Ministers and Special Invitees. All of the
above are appointed or nominated as the case may be, by
Prime Minister.
Function - It was advisory body.
- It use to formulate five year plan for entire
country.
- It is also as advisory body.
- NITI Aayog is essentially a think tank and truly
advisory body.
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Polity Made Easy 78 By Gaurav Kotecha
- Planning Commission had powers to allocate
funds to ministries and states.
- NITI Aayog have no role in allocation of funds. This
function is now of Finance Ministry.
Role of States - States had limited role in Planning Commission
era.
- States were not consulted while formulation of
five years plan.
- States were consulted when plan was submitted
National Development Council for approval.
- Planning Commission worked on Top-down
approach and one size fits all approach i.e. it did
not take in to consideration requirement of states
while formulating the plan. Commission to get
their annual plans approved.
- It represents non-federal feature as states were
having very limited role.
- States have important role in NITI Aayog.
- States are consulted while formulating any strategy or
plan.
- States are part of policy or strategy formulation from
the beginning.
- NITI Aayog works on the principle of Bottom Up
approach. It takes the requirement of states into
consideration at every state of policy formulation. It also
has the provision for regional councils of NITI Aayog
for region specific needs.
- States do not require to go to NITI Aayog for grants.
They now directly seeks the grant from finance ministry.
- NITI Aayog works on the principle of Co-operative
Federalism.
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