[WpProQuiz 602]

19th Apr 2021

Legislature

Parliament –

Loksabha (house of people) + RajyaSabha (Council of states) + President

Presiding officers

Speaker of previous LS vacates post before first meeting of new LS

President appoint speaker Pro Tem – usually senior most member

Presides over first meeting, oath to members, election of speaker

Speaker is elected and pro tem cease to exist

Speaker fixes the date for election of deputy speaker

Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence

Election and removal (Speaker, deputy and vice CP) and salary

Election -By the members of particular house by simple majority

Removal – 14 days notice and effective majority of house

Charged on CFI and thus non votable

Titbits:

1. President is part of parliament but not the presiding officer of any house
2. VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
3. President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
4. Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
5. Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills

Unique provisions

1. Question hour and not Zero hour is first hour of parliamentary proceeding.
2. Indian innovation – Zero hour and Calling attention motion
3. Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
4. Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
5. Adjournment motion is extraordinary device to draw attention to urgent matter of public importance

Titbits:

1. Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
2. Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
3. Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)

Budget (Annual Financial Statement, Article 112)

1. Presentation of budget by FM
2. General discussion – discuss as a whole
3. Scrutiny by departmental committees – for 3 to 4 weeks
4. Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
5. Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
6. Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved

Titbits:

1. Charged expenditure can be discussed but not voted
2. Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
3. Salaries and Expenditure of election commission is not charged on CFI
4. Salary of high court judges is charged on CF of states while their pension in charged on CFI

State legislative assembly (Vidhansabha)

Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS

Differences are mentioned below

Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP

Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority

Titbits:

1. Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
2. Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
3. No provision for joint sitting in states
4. Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
5. ⅚ indirectly elected, ⅙ nominated

Governor can reserve all the bills for presidential assent

Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration

Situations where Parliament can pass bill on state subject

Types of majority

Eg. Total seats – 545

Vacancies due to death and resignation – 10

Absence – 20

Total vote cast – 500 ( 15 present did not cast vote)

Parliamentary committees

Other Standing Committees in each House, divided in terms of their functions, are:

• Committees to Inquire:
  • Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
  • Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;
• Committees to Scrutinise:
  • Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
  • Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
  • Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
• Committees relating to the day-today business of the House:
  • Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
  • Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
  • Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
  • Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
• Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
• Committees concerned with the provision of facilities to members:
  • General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
  • House Committee deals with residential accommodation and other amenities for members;
• Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
• Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;
• The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;
• On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
• On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.

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17th Apr 2021

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. 

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autonomy, its framers repealed prior acts of the British parliament in Article 395. 

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

Articles in Indian Constitution: As the written constitution is a compact document like a book, it has various parts, parts have various chapters, chapters have various articles.

The constitution has a preamble and 395 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 103 times; the latest amendment became effective on 14 January 2019. Despite various amendments, the number of articles in the Constitution still remains 395. There is nothing like Article 396. The new articles are always inserted in between i.e. Article 31A.

IMPORTANT TITBIT:  If counted separately there are 444 Articles but in the Constitution of India there are only 396 Articles. The rest are merely clauses or sub-clauses added later. The reason behind this is that there is a rule that no one can alter the basic structure of the COI. Now a problem came up, which was how to include more articles as you cannot add a 397th article as it would be against the Basic Structure Doctrine, so a solution that came up, which was that to include the new articles in clauses or sub-clauses of the existing articles.

Here are the lists of various important Articles of the Indian Constitution. 

Schedules of the Indian Constitution:

Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. They are Lists that categorize and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is a lengthy document and hence, not included in the original text of constitution but they are very much part of the constitution. 

Important Titbits:

1. Originally they were 8 in number, now they are 12. 
2. The 4 new schedules were added: IX through the 1st Constitution Amendment Act 1951); X through Anti-Defection Law 52nd CAA 1985; XI through the 73rd CAA Panchayati Raj 1992 and XII through the 74th CAA Municipality 1992.
3. Matters added to the 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

Schedules of Indian Constitution

[WpProQuiz 599]

16th Apr 2021

[WpProQuiz 387]

15 Apr 2021

Form of Government:

1. Autocracy/ Absolute Monarchy – Concentration of power in one unelected hand
2. Democracy – government on the basis of elections
3. Constitutional Monarchy – head of state is king/ queen but acts on the aid and advice of elected council of ministers
4. Republican Govt.- head of state is elected not a monarch

Democracy

Direct -people vote on every issue, they make laws for themselves

Indirect/ Representative – people choose their representatives who make laws on their behalf

Referendum -people voting on certain important issues in representative democracies

Plebiscite – vote where people choose whether or not they want to remain in a state

In representative democracy

Written constitution – Laws can not be in violation of constitution. Constitution is supreme. Two types of laws – ordinary laws and constitutional laws

Unwritten constitution – Laws framed by parliament is supreme i.e parliament is supreme. Ordinary law and constitution law one and the same

So constitution basically limits the power of state. It has to abide by the constitution

Who will interpret the constitution – Judiciary. It can review laws and policies of govt – not violative of constitution i.e Judicial review

Legislature will frame the laws.

Who will implement – Executive

Two systems here

1. Parliamentary form – Executives/ ministers come from Parliament/ must get themselves elected within 6 months.
2. Presidential form – Executive is not part of legislature

Titbits

1. In parliamentary form, head of government is prime minister while head of state is president (republic) or monarchy (constitutional monarchy) whereas president is both head of government as well as head of state in presidential form
2. Incomplete separation of power in parliamentary form; complete separation of power in presidential form

Form of Govt

1. Unitary – Only 1 tier of govt for the whole country. Units do not get any power directly from the constitution. There may be local bodies and provinces but parliament delegates power to them
2. Federal – more than 1, generally 2 tier. Units i.e states/ provinces derive power directly from the constitution

Shades of Federalism:

Note:

1. Federal government is possible only in countries with written constitution
2. 3rd tier of governance i.e Panchayati Raj and Municipalities is not federalism but more decentralisation and local self governance.

Various constitutional doctrines

1. Separation of Powers – among legislative, executive and judiciary so that no one becomes all powerful
2. Checks and Balances-  among the three: for instance, judicial review is judicial check on executive and legislature
3. Doctrine of repugnancy – state law on concurrent list liable to be struck down if inconsistent with central law
4. Doctrine of harmonious reconstruction – Constitutional provisions interpreted not in isolation but to be construed as to harmonize with those other parts
5. Doctrine of pith and substance – finding out the true nature of a statute, an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list
6. Doctrine of colorable legislation- Whatever legislature can’t do directly, it can’t do indirectly It is most commonly applied wrt article 246 (3 lists)when a Legislature does not possess the power to make law upon a particular subject but nonetheless indirectly makes one
7. Basic Structure – Constitution has some basic structure which can not be amended even if all members of both the house vote to amend that provision (Keshvananda Bharati Case)
8. Judicial review – Constitutional courts to examine whether laws or policies violate the constitution

Historical background

Timeline

1. Regulating Act, 1773 – Governor of Bengal became Governor General of Bengal (not india) i.e Bombay and Madras presidency subordinate, Supreme court in Calcutta
2. Pitts Act 1784 – Board of Control for political affairs, 1st time called British Possession in India
3. Charter Act of 1833 – Centralization complete, Governor General of Bengal became that of India, law member introduced in the council
4. Charter Act 1853 – Open competition for civil services
5. Government of India Act 1858 – Act for good govt, abolished EIC, under direct rule of British govt/ crown now, Secretary of state post created
6. Act of 1861 – Recognition to portfolio system, some indians nominated to council
7. Act of 1892 – same story
8. Act of 1909/ Morley – Minto – element of election introduced, 1st Indian in executive council of viceroy, Separate Electorate
9. Act of 1919/ Montagu – Chelmsford – Dyarchy or dual govt in provinces – transferred and reserved subject, Bicameral legislature
10. GOI Act 1935 – Federation, Autonomy to provinces, 3 lists, residuary powers in viceroy

Titbits:

1. From 1858 under direct control of British govt. Therefore, GOI acts, before that charter act (EIC charter) and regulating act
2. Concurrent list was borrowed from GOI act 1935 as well as Australian constitution. Residuary power vests with centre now while it vested in viceroy in GOI act 1935
3. 1st name is secretary of state and 2nd name is viceroy i.e Montagu and Morley are secretaries

Features from other constitution (Only Imp things)