Polity

Amending Act of 1781:

▪ Freed Company servants from jurisdiction of SC for actions taken while performing duties.
▪ Excluded revenue matters & issues related to revenue collection from the jurisdiction of SC.
▪ Supreme Court gained jurisdiction over all inhabitants of Calcutta, requiring the court to administer
personal law based on defendants' religion (Hindu law for Hindus, Mohammedan law for Muslims).
▪ Appeals from Provincial Courts could be made to Governor-General-in-Council, not SC.
▪ Empowered the Governor-Gen-in to frame regulations for Provincial Courts and Councils.
Pitt's India Act of 1784:
▪ Established a system of double government.
▪ Declared the Company’s territories in India as "British possession in India."
▪ Governor's councils were established in Madras and Bombay.
Charter Act of 1793:
▪ Members of the Board of Control and staff were to be paid from Indian revenues.
▪ Royal approval needed for appointment of governor-gen, governors, & commander-in-chief.
▪ Senior officials of the Company were debarred from leaving India without permission.
▪ Company was required to pay £500,000 annually to British government.
Charter Act of 1813:
▪ Introduced State responsibility for education.
▪ Authorized local governments in India to impose taxes on individuals.
Charter Act of 1833 (Saint Helena Act 1833):
▪ Ended Company’s monopoly over trade with China & tea, making it purely administrative body.
▪ Deprived the Governors of Bombay and Madras of legislative powers.
▪ First time the Governor-General's government was known as the "Government of India."
▪ Formed the first Law Commission of India in 1834, chaired by Lord Macaulay, to codify the Penal Code
and the Code of Criminal Procedure.
▪ A total of 4 Law Commissions were formed before independence (1834, 1852, 1861, and 1879).
Charter Act of 1853:
▪ Opened the covenanted civil service to Indians.
▪ Created separate institutions for legislative and administrative functions.
▪ Appointed a separate governor for the Bengal Presidency.
Indian Councils Act of 1861:
▪ Restored the legislative powers of Governor-in-Councils of Madras and Bombay.
▪ Secretary of State for India could dissolve any act passed by the Governor-General's Council.
Indian Councils Act of 1909:
▪ Introduced a non-elected majority in provincial councils.
▪ Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council.
Government of India Act of 1919:
▪ Separated provincial budgets from the central budget.
▪ Introduced bicameralism and direct elections for the first time.
▪ Established the "Chamber of Princes" with 120 members.
 ▪ Concept of the double government system (dyarchy) based on Lyonnais Courtois' work.
Government of India Act of 1935:
▪ Abolished dyarchy in provinces and introduced "provincial autonomy."
▪ Introduced bicameralism in six out of 11 provinces.
▪ Princely state representatives were nominated by rulers
▪ British Indian representatives were elected.
▪ Abolished the Council of the Secretary of State for India.
▪ Extended voting rights to about 10% of the total population.

Constituent Assembly and making of the Constitution

▪ Constituent Assembly was formed in November 1946 on the recommendation of the Cabinet Mission.
▪ Total strength of the Constituent Assembly was 389 (296 from British India, 93 from princely states).
▪ One seat was allotted for every million population in the Constituent Assembly.
▪ Indian National Congress won 208 seats, the Muslim League 73, and independents/small groups 15.
▪ Constituent Assembly held first meeting on 9 Dec 1946, with 211 members (Muslim League boycotted).
▪ Dr. Rajendra Prasad was elected President of the Assembly on 11 December 1946.
▪ H.C. Mukherjee and V.T. Krishnamachari were elected Vice-Presidents of the Assembly.
▪ The Constituent Assembly held 11 sessions and considered the draft Constitution for 114 days.
▪ The total cost of drafting the Constitution was ₹364 lakh.
▪ The Constitution was adopted on 26 November 1949 and signed by members on 24 January 1950.
▪ The Constitution came into force on 26 January 1950.
▪ The Constitution was read three times in the Constituent Assembly.
▪ Dr. Ambedkar was born on 14 April 1891, died on 6 December 1956, was awarded Bharat Ratna in 1990.
▪ 5 members of the Muslim League in the interim government were Jogendranath Mandal (Law), Ali Khan
(Health), Liaquat Ali (Finance), I Chundrigar (Commerce), Abdurrab Nishtar (Railways & Coms).

Constitution
▪ Article 13 mentions the doctrine of Severability.
▪ A Constitutional Bench has more than five judges.
▪ Population Control and Family Planning is on the Concurrent List.
▪ 5th Schedule- mainland tribes, 6th Schedule with tribes in Assam, Tripura, Meghalaya, Mizoram.
▪ 73rd Amendment (1992) added Part IX (The Panchayats) and 11th Schedule (29 subjects for Panchayats).
▪ Ernest Barker- Preamble is ‘key-note’ of Constitution. Has written- Principles of Social & Political Theory.
▪ N.A. Palkhivala called the Preamble the ‘identity card of the Constitution.’
▪ A region can be declared a state if it has sovereignty, population, territory, and government.
▪ G. Austin described the Indian Constitution as federal, while K.C. Wheare called it quasi-federal.
▪ Morris Johns termed it Bargaining Federalism, Granville Austin referred to it as Cooperative Federalism.

Term Critic Term Used

Directive Principles of State Policy Nasiruddin No better than the new year's resolutions
 Directive Principles of State Policy K.C. Wheare Manifesto of goals and aspirations

Directive Principles of State Policy T.T. Krishnamachari A veritable dustbin of sentiments

Directive Principles of State Policy Ivor Jennings Pious aspirations

Parliamentary System of India T.T. Krishnamachari Constitutional dictatorship

Parliamentary System of India Hridaynath Kunzru A threat to the financial autonomy of the states

Parliamentary System of India Alladi Krishnaswami Life-breath of constitution

Parliamentary System of India Mahaveer Tyagi Safety Valve which will safeguard the constitution

Role and Status of Prime Minister Lord Morley Primus Inter Perus (First Among the equals)

Role and Status of Prime Minister Sir William Harcourt Moon among lesser stars

Role and Status of Prime Minister Jennings A Sun around which planets revolve

Role and Status of Prime Minister Laski Pivot around which the entire governmental machinery revolves

Leader of Opposition Ivor Jennings Alternative Prime Minister

Initial Articles
▪ Article 2 deals with the admission or establishment of new states not part of the Union of India.
▪ Article 3 concerns the internal adjustment of territories within the Union of India.
▪ 1948, S.K. Dhar.- State reorganisation should be based on administrative convenience, not language.
▪ JVP Committee Report (1949) formally rejected language as the basis for state reorganisation.
▪ Citizenship Act (1955) prescribes three ways of losing citizenship.
▪ Constitution originally had 7 Fundamental Rights, with the right to property later deleted (now six).
▪ 1925, Birkenhead challenged INC to draft a constitution, leading to formation of Nehru Report (1928).
▪ Article 31(1) states no person shall be deprived of property except by law.
▪ MP was the first state to implement the Right to Service Act (2010), followed by Bihar (2011).
▪ Article 24 protects the rights of children against hazardous employment.

Directive Principles of State Policy (DPSP)

▪ Article 38 to minimise inequalities in income, status, facilities, opportunities. Added by 44th Amendm.
▪ Article 39: Secures adequate livelihood, equitable resource distribution, prevention of wealth
concentration, equal pay, worker and child welfare, and children's healthy development.
▪ Article 41: Ensures the right to work, education, & public assistance (MNREGA operates under this).
▪ Article 43: Promotes cottage industries in rural areas.
▪ Article 48: Prohibits cow slaughter and promotes agriculture and animal husbandry on scientific lines.
▪ Article 48A: Protects the environment and safeguards forests and wildlife.
▪ Article 49: Protects national monuments and objects of artistic or historical interest.

There are 11 Fundamental Duties, and Verma Committee (1998) was tasked with implementing them.
Presidential election cannot be postponed due to an incomplete electoral college.
Chief of Defence Staff (CDS) coordinates the three-armed forces and advises the defence minister but CDS is
not the commander of the forces.

Union
▪ According to Article 53(1), the executive power of the Union shall be vested in the President.
▪ Under Article 74(1), the Prime Minister is the head of the Council of Ministers.
▪ In Britain, the PM should definitely be a member of the Lower House (House of Commons).
▪ Article 79 provides that there shall be a Parliament.
▪ The absolute veto is subject to the will of the cabinet, so the pocket veto will be considered voluntary.
▪ Sarvepalli Radhakrishnan is known as the philosopher king and philosopher ruler.
▪ Ambedkar said that the CAG shall be the most important Officer under the Constitution.
▪ CAG Act, 1971 was amended in 1976 to separate the accounts from the audit of the Government.
▪ Article 160- of the Constitution, the President can provide for the discharge of the functions of the
Governor in emergency or extraordinary circumstances.

Parliament
▪ Maximum gap between two sessions of Parliament cannot be more than six months.
▪ President can recommend to the Parliament to change the boundary of any state after seeking views of
the concerned Legislature of that state on the subject within specified period.
▪ When the Vice-President acts as the President, he does not receive any salary or allowance as Chairman
of the Rajya Sabha. During this period, he receives the salary and allowances received by the President.
▪ Out of 8 UTs, only 3 (Delhi, Puducherry & Jammu & Kashmir) have representation in Rajya Sabha.
▪ Article 249- If Rajya Sabha, by a majority of not less than 2/3rd of its members present and voting,
passes a resolution that it is necessary in national interest to make a law on a subject in State List, then
the Parliament shall legislate on that subject. But this proposal does not exist for more than one year.
▪ According to Article 250, in case of emergency, the Central Parliament has the power to make laws for
the whole or any part of the territory of India with respect to any matter in the State List but beyond a
period of six months after the end of the emergency, this provision does not remain in effect.
▪ Reservation of Anglo-Indian community people has been abolished in Loksabha from 2020.
▪ The term of the Lok Sabha shall be 5 years from the date fixed for the first meeting.
▪ Since 2008, the maximum number of seats reserved for Scheduled Tribes in the Lok Sabha is for MP
(6). The number of such seats in Uttar Pradesh and Bihar is zero, while Such seats for Gujarat are 4.
▪ Rajya Sabha- Proportional representation, Lok Sabha- Territorial representation.
▪ Leaving own party and joining another party is called crossing the floor.
▪ According to Article 109(1), Money Bill is introduced in Lok Sabha, not in Rajya Sabha.

Acts
▪ Criminal Tribes Act 1871.
▪ PESA Act, 1996
▪ Prevention of Food Adulteration Act 1954.
 ▪ The Hindu Marriage Act 1955
▪ Hindu Succession Act, 1956
▪ Consumer Protection Act, 1986
▪ Sati (Prohibition) Act, 1987.
▪ Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
▪ Protection of Women from Domestic Violence Act, 2005

Committees
▪ Estimates Committee is the largest parliamentary committee. 30 members.
▪ Committee on Public Undertakings: Created in 1964 on the recommendation of the Krishna Menon
Committee. All parties get due representation. Chairman of committee is from the Lok Sabha only.
▪ Committee on Health and Family Welfare does not come under the Lok Sabha but Rajya Sabha.

Supreme Court
▪ Kamal Narayan Singh was the Chief Justice of India for the shortest period and Yashwant Vishnu
Chandrachud is the longest-serving Chief Justice of the Supreme Court of India till date.
▪ Supreme Court has adopted the principle of 'probable adjudication' in Golaknath vs State of Punjab.

Collegium System
▪ 5-member body, headed by the CJI & comprises the 4 other senior most judges of the court at that time.
▪ A HC collegium is led by the incumbent Chief Justice and two other senior most judges of that court.
▪ Names recommended for appointment by a High Court collegium reach the government only after
approval by the CJl and the SC collegium.
▪ The role of the government in this entire process is limited to getting an inquiry conducted by the IB.
▪ The government may also object, but if the collegium reiterates, government is bound to appoint them.
▪ 2nd Judges Case, 1993 introduced collegium. 3rd Judges Case, 1998 expanded the Collegium to 5-
member body.

Transfer of High Court judges

▪ Transfer is initiated by the Chief Justice of India (CJI) without needing the judge's consent.
▪ CJI must consult the Chief Justices of both High Courts involved and one or more Supreme Court judges.
▪ Views are considered by a full Collegium of five Supreme Court judges.
▪ Recommendation follows the path from the Union Law Minister → PM → President for final approval.

Governor
▪ 7th Constitutional Amendment, 1956- appointment of same person as governor for two or more states.
▪ Governor nominates 1/6th of the total members of the State Legislative Council.
▪ According to Article 201, when a Bill is reserved by the Governor for the consideration of the President,
the President shall declare that he assents to or withholds the Bill.
▪ The ordinance issued by the Governor under Article 213(2)(a) of the Constitution must be approved by
the legislature within a period of six weeks from the commencement of the session.
 ▪ The appointment of the governor is based on the Canadian model.

Legislative Councils
▪ Constitution of Legislative Councils under Article 171.
▪ Only 6 states have two Houses (bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh,
Bihar, Maharashtra and Karnataka. Legislative Council of UP has maximum (100) members.
▪ Under Article 197- Legislative Council can stop a bill (ordinary bill) other than a money bill for about
3 months in the first and for 1 month (thus totalling 4 months) if it is passed again by the
assembly. Money Bills have to be returned by the Legislative Councils within a period of 14 days.
▪ Article 167- Duty of CM to communicate to the Governor all the decisions of the Council of Ministers
▪ 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. Still the actual strength of a Council is fixed by Parliament.

High Court
▪ The institution of high court originated in India in 1862 when the high courts were set up at Calcutta,
Bombay and Madras. In 1866, a fourth high court was established at Allahabad.
▪ Only three High Courts have jurisdiction over more than one state.
▪ A judge of the High Court can be removed from office by order of the President. President can issue
such an order on the basis of a resolution passed by the Parliament in the session.
▪ Under Article 227, the High Court has the power to exercise superintendence over all courts in that State.
▪ Establishment & promotion of District Judge- Governor in consultation with High Court.

Emergency
▪ Article 352 is popularly known as ‘National Emergency’.
▪ Failure of the constitutional machinery in the states (Article 356). Known as ‘President’s Rule’
▪ Laws made by Parliament during Emergency on subjects of State remain in effect for 6 months after em.
▪ Financial emergency will remain in effect until it is withdrawn.
▪ K. M. Nambiar- Emergency authority of the President is "a betrayal of the Constitution".
▪ Declaration of emergency by the Parliament must be approved within a period of 1 month.

Finance commission: Parliament has the authority to decide the qualifications.

▪ 13th Finance Commission- Vijay Kelkar, 2010-15
▪ 14th Finance Commission- Dr. YV Reddy, 2015-20
▪ 15th Finance Commission- NK Singh, 2020-25

States
▪ Zonal Council is a statutory body constituted under the States Reorganization Act, 1956.
▪ Article 248- Residuary legislative powers to Parliament.
▪ Article 251, if any inconsistency is found between the laws made by the Parliament under Articles 249
and 250 and laws made by the Legislatures of the States, the law made by the Parliament shall prevail.
▪ Home Ministry constituted Punchhi Commission in 2007, it submitted its report in March 2010.
 ▪ Through an Act of Parliament of 1956, five zonal councils - North, South, Central, Eastern and Western
were formed. River Board Act came into force in 1956.
▪ Article 274 of the Constitution, provisions have been made for taxation of agricultural income or such
taxation in which the State is interested.

Inderjit Gupta Committee, 1998 to suggest amendments to the Election Reforms and RPA, 1951.
ARC (1966-1970) recommended setting up of two special authorities as ‘Lokpal’ and ‘lokayukta’.
President appoints the Lokpal on the advice of the CJI, Speaker of Lok Sabha and Chairman of Rajya Sabha.
1st Lokpal Bill was introduced in the Parliament in the year 1968
The tenure of the Central Information Commissioner is 3 years or till the age of 65 years.

Human Rights: 1st generation- right to civil & political freedom. 2nd gen- elimination of all forms of social
discrimination comes under the. 3rd generation- right to solidarity & join group etc.

Postal Ballots
▪ Constitution has not debarred retiring election commissioners from any further appointment by govt.
▪ Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a
state, government employees posted outside India and their spouses are entitled to vote only by post.
▪ Voters under preventive detention can also vote only by post.
▪ Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker
& officers on poll duty have the option to vote by post. But they have to apply.

Delimitation Commission: Article 82

‘Bhu Poratam’ movement (Andhra Pradesh) was organised by Bharatiya Khet Mazdoor Union. Communists.

Panchayati Raj
▪ Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959.
▪ Panchayati Raj system is not present in Nagaland, Meghalaya, and Mizoram.
▪ 73rd Constitutional Amendment Act, 1992- 29 subjects have been mentioned in the 11th Schedule, on
which the Panchayats have been given the power to make laws.
▪ Constitutional status to Panchayati Raj- LM Singhvi Committee, 1986.
▪ MP is the first state to comply with the 73rd Constitutional Amendment.
▪ Article 243: Constitutional Status of Panchayats
▪ Article 243A: Gram Sabha; Article 243D: Reservation of seats
▪ Article 243G: Powers, authority, and responsibilities of Panchayats
▪ Article 243H: Powers to impose taxes by and funds of the Panchayats
▪ Article 243I: Constitution of the finance commission to review the financial position
▪ Article 243ZE- Metropolitan Planning Committee
▪ Reservation to women in panchayats has been given by the 73rd amendment of the constitution.
Article 243D(3), one-third reservation has been provided to women at all levels in Panchayats.
 ▪ Under the Bihar Panchayati Raj Act, there is a system of village courts, which have the power to sentence
up to 3 months in jail and fine up to 1000 rupees.

Ashok Mehta Committee: Constituted in 1977, submitted its report in 1978, recommended a two-tier model.
It suggested the formation of Zilla Parishad at the district level and Mandal Panchayat at groups of villages.

2nd Backward Classes Commission- 1979 under chairmanship of BP Mandal. It submitted its report in 1980.

Certiorari (‘to be informed’) is issued by a higher court to a lower court or tribunal either to transfer a case
pending with the latter to itself or to quash the order of the latter. It is issued on the grounds of excess or lack
of jurisdiction or error of law. Prohibition, is only preventive, certiorari is both preventive as well as curative.

National Integration Council (NIC) was formed in 1961 on the principle of 'Unity in Diversity'. Prime Minister
as the Chairman, the union home minister, the Chief Ministers of the states.
Gujaral Doctrine is a milestone in India's foreign policy. It was propounded in 1996 by IK Gujral.
India adopted its nuclear doctrine in 2003. 'Connect Central Asia' policy in 2012. Look East was started in
1992. In 2014, the Modi government reversed it to "Act East".

Tarakunde committee was formed by Jayaprakash Narayan during his Sampoorna Kranti movement in 1974.
National Commission to Review the Working of the Constitution (2000) under MN Venkatachaliah.
Tankha Committee- 2010. JS Verma Committee on Amendments in Criminal Law- 2013

If 'One Nation One Election’ is implemented in India, then the following articles of the Indian Constitution will
need to be amended-
▪ Article 83 (relates to the duration of the Houses of Parliament)
▪ Article 85 (on the dissolution of the Lok Sabha by the President)
▪ Article 172 (relating to the duration of state legislatures)
▪ Article 174 (regarding the dissolution of state legislatures) & Article 356 (President's rule)

Languages
▪ At the beginning of the Constitution, 14 languages were included in the Eighth Schedule. Sindhi was
added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st
Amendment, 1992; Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment, 2003.
▪ 343- Official Language of the Union
▪ 350A- Facilities for instruction in mother-tongue at primary stage.
▪ Hindi is spoken by the maximum number of people, second is Bengali and Marathi language is third.
▪ Official language committee (statutory)- under Official Language Act, 1963. Chaired by Home Minister.

NCPCR set up in March 2007 under the Commission for Protection of Child Rights Act, 2005.
Enforcement Directorate- Formed in 1956, it was renamed as ‘ED’ in 1957. 2 acts- FEMA & PMLA.