26th Apr 2021

First Amendment Act, 1951

• Empowered the state to make special provisions for the advancement of socially and economically backward classes.
• Provided for the saving of laws providing for the acquisition of estates, etc.
• Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.

The Constitution (Seventh Amendment) Act, 1956

• The Seventh Amendment brought about the most comprehensive changes so far in the Constitution. This amendment was designed to implement the State Reorganisation Act.
• The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.

Constitutional (10th Amendment) Act, 1961

• The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation of making powers of the President.

Constitutional (13th Amendment) Act,1963

• Gave the status of a state to Nagaland and made special provisions for it.

The Constitution (24th Amendment) Act, 1971

• It amended Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof.
• It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend Fundamental Rights.

The Constitution (Twenty-fifth) Amendment Act, 1971

• The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Up to 1971, the position was that Fundamental Rights prevailed over the Directive Principles of State Policy and that a law enacted to implement a Directive Principle could not be valid if it conflicted with a Fundamental Right.
• Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.

Twenty-Sixth Amendment Act, 1971

• Abolished the privy purses and privileges of the former rulers of princely states.

The Constitution (Thirty-fourth Amendment) Act, 1974

• By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.

The Constitution (Thirty-eight Amendment) Act, 1975 

• Made the declaration of emergency by the President non-justiciable.
• Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable.
• Empowered the President to declare different proclamations of national emergency on different grounds simultaneously

The Constitution (42nd Amendment) Act, 1976

• The Amendment was meant to enhance enormously the strength of the Government. The major Amendments made in the Constitution by the 42nd Amendment Act are: Preamble The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’.
• The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.
• Parliament and State Legislatures: The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
• Executive: It amended Article 74 to State explicitly that the President shall act in accordance with the advice of the Council of Ministers in the discharge of his functions.
• Judiciary: The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of the State law. Another new provision, Article 131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the Constitutional validity of a central laws. Article 144A and Article 128A, the creatures
  of the Constitutional Amendment Act made further innovation in the area of judicial review of the Constitutionality of legislation. Under Article 144A, the minimum number of judges of the Supreme Court to decide a question of  Constitutional validity of a Central or State law was fixed as at least seven and further, this required two-thirds majority of the judges sitting declare law as unconstitutional. While the power  of the High Court to enforce Fundamental Rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.
• Federalism: The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the Union, or any other force under its control for dealing with any grave situation of law and order in any State.
• Fundamental Rights and Directive Principles: A major change that was made by42nd Constitutional Amendment was to give primacy to all Directive Principles over the Fundamental Rights contained in Articles 14, 19 or 31.
• The 42nd Constitutional Amendment added a few more Directive Principles – free legal aid, participations of workers in the management of industries, protection for environment and protection of forests and wildlife of the country.
• Fundamental Duties: The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the Fundamental Duties to the citizens.
• Emergency: Prior to the 42nd Amendment Act, the President could declare an emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorized the President to proclaim emergency in any part of the country.

The Constitution (44th Amendment) Act, 1978

• It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.
• It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President
• A new provision was added to Article 74(1) saying that the President could require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration. Article 257A was Omitted
• It has been provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
• Right to Property has been taken out from the list of Fundamental Rights and has been declared a legal right.

The Constitution (Fifty-first Amendment) Act, 1984

• The Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.

The Constitution (52nd Amendment) Act, 1985

• The amendment is designed to prevent the scourge of defection of Members of Parliament and State Legislatures from one political party to another.

 The Constitution (61st Amendment) Act, 1989

• The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.

The Constitution (Sixty-fifth Amendment) Act, 1990

• Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

The Constitution (Sixty-ninth Amendment) Act, 1991

• The Amendment Act was to grant Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council of Ministers for Delhi.

 The Constitution (73rd Amendment) Act, 1992

• April 20,1993 as it got rectification by the State legislatures and was assented to by the President of India. After notification, the Panchayati Raj Institutions have now got Constitutional legitimacy.
• After part VIII of the Constitution, a separate part IX has been added to the Constitution with the addition in Article 243A and fresh Schedule called Eleventh Schedule enumerating the powers and functions of Panchayti Raj Institutions.
• The Act provides for Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

The Constitution (74th Amendment) Act, 1992

• The Act provides constitutional status to Urban Local Bodies. After part VIII of the Constitution, a separate part IXA has been added to the Constitution with the addition in Article 243A and a fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated.
• The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women

The Constitution (76th Amendment) Act, 1994

• This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favor of socially and educationally backward classes to 69 per cent in Tamil Nadu.
• Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny

The Constitution (Seventy-seventh Amendment) Act, 1995

• This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State.
• This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

The Constitution (80th Amendment) Act, 2000

• Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000.
• Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares. 

The Constitution (85^th Amendment) Act, 2001

• This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

The Constitution (86^th Amendment) Act, 2002

• With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education.
• The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

The Constitution (89^th Amendment) Act, 2003

• The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

 The Constitution (90^th Amendment) Act, 2003

• The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

The Constitution (Ninety-one Amendment) Act,2003

• The Act makes provisions for limiting the size of the Council of Ministers at the Center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless reelected.

The Constitution (Ninety- third Amendment) Act, 2005

• Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.

The Constitution (97th Amendment) Act, 2012

• In Part IIIof the constitution, after the words “or unions” the words “Cooperative Societies” was added.
• In Part IVa new Article 43Bwas inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
• After Part IXAof the constitution, a Part IXBwas inserted to accommodate state vs centre roles.

The Constitution (99th Amendment) Act, 2014

• The National Judicial Appointments Commission (NJAC) was established by the Union government of India by amending the constitution of India through the 99^th Constitutional Amendment Act, 201

The Constitution (100th Amendment) Act, 2015

• Constitution (100th Amendment) Act 2015 ratified the land boundary agreement between India and Bangladesh.
• The act amended the 1st schedule of the constitution to exchange the disputed territories occupied by both the nations in accordance with the 1974 bilateral Land Boundary Agreement.
• India received 51 Bangladeshi enclaves (covering 7,110 acres) in the Indian mainland, while Bangladesh received 111 Indian enclaves (covering 17,160 acres) in the Bangladeshi mainland

The Constitution (101st Amendment) Act, 2017

• Introduced the Goods and Services Tax.

The Constitution (102nd Amendment) Act, 2018

• Constitutional status to National Commission for Backward Classes

The Constitution (103rd Amendment) Act, 2019

• A maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
• Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.

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24th Apr 2021

23rd Apr 2021

[WpProQuiz 607]

[WpProQuiz 605]

22nd Apr 2021

Emergency provisions

Schedule 5 and 6

Special Provisions for the Other States

Part XXI of the Constitution
 The part ‘Temporary, Transitional and Special Provisions’, includes, apart from Article 370 (Temporary Provisions with respect to the State of Jammu and Kashmir) Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, and 371J.
 These define special provisions with regard to other states of the Indian Union.

Special Provisions but not special treatment
 All these provisions take into account the special circumstances of individual states, and lay down a wide range of specific safeguards that are deemed important for these states.
 In these range of Articles from 371 to 371J, Article 371I, which deals with Goa, stands out in the sense that it does not include any provision that can be deemed “special”.
 Article 371E, which deals with Andhra Pradesh and Telangana, too, is not that “special”.
 The special provisions laid down in Article 370 before it was modified were obviously much more farreaching than the special provisions for other states, described in Articles 371, 371A-H, and 371J.
The following special provisions are guaranteed by the Constitution to states
other than Jammu and Kashmir:
Maharashtra and Gujarat (Article 371)
The Governor has a “special responsibility”-
 To establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat;
 To ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.

Nagaland (Article 371A, 13th Amendment Act, 1962)
 Parliament cannot legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law.
 Parliament also cannot intervene in ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly of the state.

 This provision was inserted in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
 Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
 A member from the Tuensang district is Minister for Tuensang Affairs. The Governor has the final say on all Tuensang-related matters.
Assam (Article 371B, 22nd Amendment Act, 1969)
 The President of India may provide for the constitution and functions of a committee of the state Assembly consisting of members elected from the tribal areas of the state.
Manipur (Article 371C, 27th Amendment Act, 1971)
 The President of India may provide for the constitution and functions of a committee of elected members from the Hill areas of the state in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning.
 The Governor has to file a report every year on this subject to the President.
Andhra Pradesh and Telangana (Article 371D, 32nd Amendment Act, 1973; substituted by the Andhra Pradesh Reorganization Act, 2014)
 The President must ensure “equitable opportunities and facilities” in “public employment and education to people from different parts of the state”.
 He may require the state government to organise “any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State”, and allot them.
 The President has similar powers vis-à-vis admissions in any university or state government-run educational institution.
 Also, he may provide for setting up of an administrative tribunal outside the jurisdiction of the High Court to deal with issues of appointment, allotment or promotion in state civil services.
 Article 371E allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not really a ‘special provision’ in the sense of the other provisions in this part of the Constitution.
Sikkim (Article 371F, 36th Amendment Act, 1975)
 The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People.
 To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
 The Governor shall have “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.
 All earlier laws in territories that formed Sikkim shall continue, and any adaptation or modification shall not be questioned in any court.
Mizoram (Article 371G, 53rd Amendment Act, 1986)
 This provision lays down that Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Legislative
Assembly… by a resolution so decides”.
Arunachal Pradesh (Article 371H, 55th Amendment Act, 1986)
 The Governor has a special responsibility with regard to law and order, and he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken.
 Should a question arise over whether a particular matter is one in which the Governor is “required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final”, and “shall not be called in question”
Karnataka (Article 371J, 98th Amendment Act, 2012)
 There is a provision for the establishment of a separate development board for the Hyderabad-Karnataka region, the working of which will be reported annually to the Assembly.
 There shall be “equitable allocation of funds for developmental expenditure over the said region”, and “equitable opportunities and facilities” for people of this region in government jobs and education.
 An order can be made to provide for reservation “of a proportion” of seats and jobs in educational and vocational training institutions and state government organisations respectively in the Hyderabad-
Karnataka region for individuals who belong to that region by birth or domicile.

21st Apr 2021

Appointments:

1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
2. Both supreme court and high court judges are appointed as well as removed by president
3. Salaries of high court judges is charged on CFS while pension is charged on CFI
4. Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
5. District judges are appointed by governor in consultation with high courts
6. Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
7. A distinguished jurist can be appointed as judges of supreme court but not high court
8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
9. SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

Jurisdictions of courts

Types of Writs

Writ jurisdiction of Supreme court v/s High Court

Powers of High Court and Supreme Court

There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :

1. Original Jurisdiction

Being a Federal court, the Supreme Court decides disputes between –

• Two or more states
• Centre and the state/states
• Centre and states on one side and the other states on the other side

In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.

However, this jurisdiction does not apply to the following cases-

• A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
• Any Inter-state water disputes.
• Matters that are referred to the Finance Commission.
• Recovery of the damages by a state against the Centre.
• An ordinary dispute that is commercial between the Centre and the states.
• A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
• An adjustment of certain expenses and pensions between the Centre and the states.

2. Writ Jurisdiction

The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.

However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.

3. Appellate Jurisdiction

Several appeals can be made in the Supreme Court of India. These appeals can be broadly classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters, and Special Leaves.

4. Advisory Jurisdiction

Under Article 143, the President of India has the right to seek the advice of the Supreme court when any question of law or fact of public importance which has arisen or is likely to arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.

5. Court of record

Herein, the Supreme Court of India has two powers, that are –

• It is given the authority to punish for the contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or both.
• The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony and they are recognized as legal precedents and legal references.

Some of the Powers that are granted to the High Court are the following –

1. Original Jurisdiction

The high courts are empowered to issue writs to enforce fundamental rights, as and when needed. Adding to this, they have original jurisdiction in cases that are related to will, divorce, contempt of court, and admiralty. Furthermore, election petitions can also be heard in the High Court.

2. Appellate Jurisdiction

An appeal can be made to the High Court against a district court’s decision, in the civil cases. If the dispute involves a value that is higher than Rs. 5000/- or on a question of fact or law, then an appeal can be made from the subordinate court, directly.

A person can move to the High Court if he has been awarded imprisonment of seven years and above under a criminal case. Appeals on constitutional matters can also be taken up in the High Court.

3. Administrative Powers

The high court is the controller of all the subordinate courts. It also has the right to ask for the details of the proceedings from the subordinate courts. The rules regarding the working of the subordinate courts are also issued by the High court.

The High Court can also appoint its administration staff and determine their salaries and allowances, and conditions of service.

4. Power of Judicial Review

High Courts hold the power of judicial review. They have the right to declare any law or ordinance as unconstitutional if it is found to be against the Constitution of India.

5. Power of Cancellation

A High Court alone can choose to certify the cases that it feels are fit for an appeal before the Supreme Court of India.

Qualification and Appointment

The Qualification that is needed to be a Judge in the Supreme Court of India are that he/she –

1. Should be a citizen of the country.
2. Should have been the judge of one of the high courts of the country for at least 5 years.
3. The president of the country shall consider him to be a distinguished jurist.
4. Should have been an advocate in any one of the high courts of the country for a period of 10 years.

It shall be noted that no minimum age of a Judge of the Supreme Court has been mentioned in the Indian Constitution.

The Qualification that is needed to be a judge in the Judge in the high court of the country is that he/she should –

1. Have held a judicial office in the Indian territory for 10 years, OR
2. Have been an advocate of the high court(s) for a minimum period of ten years.

Removal procedure

1. A Supreme Court or a High Court Judge shall be removed from his post concerning an order passed by the President of the Country. However, this order of removal can only be issued after the Parliament presented and addressed him on the same matter.
2. The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
3. The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
4. The procedure relating to the removal of a judge of the Supreme Court or the High Court is regulated by The Judges Enquiry Act (1968).
5. It must also be noted that to date, no judge of the Supreme Court of India has been impeached by the Parliament and the President.

Constitutional Provisions

Articles 13, 32, 131-136, 143, 145, 226, 246, 251, 254, and 372 are the constitutional provisions that guarantee judicial review of legislation.

1. Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
2. Article 372 talks about the judicial review of the pre-constitution legislation.
3. Both Articles 32 and 226 entrusts the roles of the protector of the constitution and guarantor of fundamental rights to the Supreme and the High Courts.
4. Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
5. Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
6. All Articles from 131 to 136 entrusts the Indian court with the power to adjudicate the disputes between the individuals, between the individuals and the state, between the states and the union. However, the court may be required to interpret the provisions of the constitution and the interpretation that is given by the Supreme Court becomes the law that shall be honored by all courts of the land.

Recent Controversies

1. Back in the year 2016, Justice Nagarjuna Reddy of the High Court of Andhra Pradesh and Telangana got all lights on him when 61 Rajya Sabha members moved a petition for his impeachment on charges of him misusing his position to “victimize” a “Dalit” judge. However, later, nine of the 54 members of the Rajya Sabha, who proposed the initiation of proceedings against him, withdrew their signatures.
2. On 20 April 2018, a petition seeking impeachment of CJI Dipak Misra was submitted by seven opposition parties to the Vice President, Venkiyah Naidu. The petition was rejected by the Vice President.
3. On 19 April 2019, a junior court assistant and a former employee in CJI Gogoi’s office sent a complaint-letter attached with a detailed affidavit to 22 Judges of the Supreme Court of India, narrating a series of events, spelling out how CJI Gogoi had allegedly sexually harassed her.

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20th Apr 2021

Executive

Titbits

1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
3. MLCs not included in electoral college of either president or VP
4. Value of votes of all elected MPs = Value of votes of all elected MLAs
5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
7. Impeachment for violation of constitution by ⅔ absolute majority
8. Vacancy in presidential office, VP and in his absence CJI
9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
10. President appoints judges of supreme court as well as high court

Bills which must be reserved for President’s consideration

1. bills derogating the powers of the High Court (art 200)
2. imposition of taxes on water or electricity in certain cases (Article 288)
3. during a Financial Emergency (art 360)

Bills which may be reserved for President’s consideration and assent for specific purposes

a). To secure immunity from operation of Articles 14 and 19. These are Bills for

1. acquisition of estates, etc.  (Article 31A(I (b))
2. giving effect to Directive Principles of State Policy (Article 31C)

(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

(c) Legislation imposing restrictions on trade and commerce

Titbits

1. 1. President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
   2. Ministers are appointed on the advice of PM or CM (no discretion)

• CM of UTs is appointed by President not Lt. Governor

1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
5. The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)

Governor of state  v/s LG of Delhi

Civil services

While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.

All India Services: Common to both centre and states

1. Recruitment by the centre, serve under states
2. 3 all India services – IAS, IPS and Indian forest services <created in 1968>
3. Parliament can create a new IAS if RS passes a resolution by ⅔ majority
4. Central govt makes service rules in consultation with state govt
5. Work under the pleasure of the president with safeguards