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● M.N. Roy in 1934 had given the idea to form a constituent assembly for India, this demand was
accepted by the Britishers in 1940 in the "August offer”. The members of the cabinet mission
plan were (a) Lord Pethick Lawrence(b) Sir Stafford Cipps (c) Mr AV Alexander
● So the constituent assembly was constituted by the cabinet mission plan and there was a total of
389 members initially but after partition the number of members reduced to 299 bringing the
ratio to 1 : a million
● In the first meeting of the constituent assembly which was held on 9th December 1946 Dr.
Sachidanand Sinha was appointed as the interim chairman and two days later Dr. Rajendra
Prasad was appointed as the permanent chairman. H.C. Mukherjee was the first vice president
of the constituent assembly and B.M. Rao was the legal advisor.
● The constitution was prepared in 2 years 11 months and 18 days.
● 13th December 1946 J.L. Nehru had given the objective resolution which is the basis of our
preamble. This objective resolution was adopted on 22nd January 1947. 26th November 1949
was the day when the constituent assembly adopted the constitution.
● A394 contained various articles which came into force the very day the constitution was
adopted. The date of 26th January 1950 was chosen because in 1930 26th January was declared
as the day of Poorna Swaraj by Indian National Congress.
List:
● Federal structure by taken from Canada and Australia
● Concurrent list, parliamentary list and inter state trade and commerce from Australia
● Parliamentary system, rule of law and cabinet system has been taken from United Kingdom
● Bicameralism from USA and UK
● Amendment by 2/3 majority has been borrowed from South Africa
● Emergency provisions from Germany
● Fundamental duties from USSR
● DPSP from Irish constitution
● Fundamental rights, written constitution, Judicial review and independence of judiciary has
been borrowed from the US constitution.
● Coming to the preamble the idea of justice has been taken from the Russian revolution and the
idea of Liberty equality and fraternity from the French revolution.
● Initially the constitution contain 395 articles 22 parts and 8 schedules where is today it has 469
articles 22 parts and 12 schedules.
● Parliamentary system of governance has been taken from the British constitution where as
parliamentary privilege has been borrowed from the Australian constitution.
● States with bicameral setup is Bihar, Andhra Pradesh, Maharashtra, Karnataka, Uttar
Pradesh and Telangana.
● In the case State of West Bengal vs. Keshoram Industries Ltd. (2005) SC stated that federalism
is one of the basic pillars of the Indian constitution. They also pointed our that it can be said
that India is a was he federal or hybrid federal state.
● India is a federation with a strong centralizing tendency. This statement was said by Ivor
Jennings.
● Austin pointed out that India has a cooperative federation.
● Prof Alexandroeicz and DD Basu said that India is a federation sui generis
● In case of Kuldeep Nayar versus Union of India (2006) supreme court status that India is a
pseudo federation of amphibian character.
 Preamble
● The objective that are constitution seeks to achieve has been stated in the preamble. It is not a
source of substantive power.
● The preamble of the Indian constitution is not enforceable in the court of law it just provides
a key to understand and aid interpretation of the constitution (Re Berubari Union Case it was
held that the preamble is not a part of the Indian constitution but laid down that it is the key
to open the minds of the constitution makers. Later was included to be the part of the
constitution in Keshavananda Bharti case).
● Preamble was amended by the 42nd Amendment Act.
● Democracy as a part of the basic feature of the constitution was laid down in the following
cases (a) Indira Gandhi v. Raj Narayan (b) Kihoto Hollohan vs Zachillhu
● The word socialist was adopted in the resolution of "awadi" session of the Congress party.
● Pandit Thakur Das Bhargav said that preamble is the soul of the constitution and a key &
Jewel said to the constitution.
● Dr Ambedkar introduced the term fraternity in the objective resolution given by prime
minister Nehru stating that fraternity means a sense of common brotherhood of all Indian.
According to him fraternity is the principle which gave unity and solidarity to social life.
Indian territory includes
(a) the territories of the state
(b) the union territories of the State
c) such other territory as may be acquired.

First Schedule - State or UT

The drafting committee was of the view that Union better expresses their motive as and union is
not a result of an agreement which further indicates that it is not open for state or states to
withdraw or to change the boundaries as per their free will.
● Under article 2 the parliament is given the power that they may by law admit or establish a
new state or any such territory as it may deem fit (does not refer to the territories forming part
of existing states).

● Under article 3 the parliament may by law form a new state, increase the area of a state,
diminish the area or alter the boundaries of the state and can even alter the name of the state.
In lieu of the above India can be called an indestructible Union of destructible states. (Re
Berubari Union 1960 it was stated that the constitution of India does not guarantee the
territorial integrity for any state in the union.)
● A bill seeking to create any new state or alter boundaries of existing states can be introduced
in either House of Parliament only on the recommendation of the President.
● The president refers the state reorganization bill to the state legislature concerned for its
opinion after fixing a time limit within which the concern state has to respond.
● The parliament is not bound to accept or act upon the recommendations of the state
legislature on a state reorganization bill.
● The bill is required to be passed by a simple majority in both the houses of the parliament.
● Any law made under article two and three of the Indian constitution may provide for the
amendment of the first and fourth schedule and supplementary matters. Further no law as
aforesaid shall be deemed to be an amendment of the constitution for the purpose of article
368.

● Andhra Pradesh was the first state to be formed on linguistic basis (1953).
● 1956 - Justice Fazal Ali Commission Report
● Citizenship my means of (a) Domicile (b) Migrants to India from Pakistan (A.6) (c) Person of
Indian origin residing outside India or by Registration (A.8)

● Supreme court in the case of Central bank of India versus Ram Narain had stated that
intention to reside for ever in a country where one has taken up his residence is an essential
element of domicile in the country. It can be summarize that the basic idea of domicile is
permanent home. In order to constitute domicile the residence alone is not sufficient there
must be a clear intention to make the residence a permanent home by the concerned
individual.
● In Pradeep Jain vs Union of India and Yogesh Bhardwaj v. State of UP. This apex court had
clearly stated that article 5 of the Indian constitution recognizes domicile of India and it does
not recognize the concept of state domicile.

● Article 7 has laid down that if a person who was a citizen of India by virtue of Art. 5 or 6 will
cease to be a citizen if he migrated to Pakistan after 1st March 1947.

● Article 9 states that if any person voluntarily acquires the citizenship of any other foreign
state he shall not be competent to claim citizenship in India.

● Article 11 of the constitution is an enabling provision which allows the parliament to make
any laws provisions with respect to acquisition or termination of citizenship and other matters
related to citizenship. The parliament enacted Citizenship Amendment Act of 1955 in
furtherance of the power granted to it under article 11.
● Article 12 defines the term State which includes
● (a)Government and parliament of India
● (b) Government and legislature of each state
● (c) local or other authorities within the territory of India
● (d) all local or other authorities under the control of the government.

● Other Authorities:
● University of Madras v. Shanta Bai (1954) (Ejudum Generis)
● Sukhdev Singh v. Bhagat Ram (Agency and instrumentality)
● R.D. Shetty v. Airport Authority
● Ajaya Hasia v. Khalid Mujeeb
● Gram Panchayat, State Electrical Board ,ONGC Airport Authority of India, Bharat petroleum,
Indian council of agriculture and research state, financial corporation, RBI, LIC, water
transport corporation SBI and IFC are State.

● Cooperative society, NCERT/SCERT, BCCI are not State.

● A.R. Antulay V/s R.S Nayak was the case where it was stated that judiciary when performing
judicial functions will not be considered as State and when it's performing non judicial
functions it will come under the definition of State.
Lesson 5 Part III

● Article 13 (Judicial review)

● 13(1) pre constitution

● 13(2) post constitution

● Doctrine of severability (State of Bombay v. F.N. Balsara and A.K. Gopalan v. State of Madras)
● Doctrine of eclipse (Bikaji v. State of M.P. and State of Gujarat v. Ambika Mills)
● Doctrine of waiver (Basheshar Nath v. The Commission of Income Tax Delhi & Rajashthan)
● Right to equality can be bifurcated into Equality before law and Equal protection of law.
● Article 14 is available to citizens and non-citizen
● Exception to the same are President, Governor and Ambassadors.
● Article 14 prohibits class legislation but allows reasonable classification. (Intelligible
Differentia and Reasonable Nexus).

● E.P. Royappa v. State of Tamil Nadu was the case were in it was brought forward that equality
and arbitrariness are antithetical to each other ( new concept of equality).
● B.P. Corporation Ex Employees association v. Bharat Petroleum. In this case it was clarified
that the remedy under article 14 is not available for any discrimination arising from a judicial
pronouncement.
● In the Minerva Mills case the supreme court expressly status that in a situation where article
31c is involved article 14 goes out of the picture.
Lesson 6 Article 14,15,16

● Article 15 available to citizens only.

● Article 15(2) prohibits discrimination in public places which may be under the control of a
private individual. To simplify it can be stated that article 15 (2) provides protection not only
from public individuals but also from private individuals.
● Article 15 (3) is an enabling provision which clarifies that state can make laws for welfare of
women and children.
● State of madras v. Champakam Dorairajan was the case which led to the addition of clause 4
under article 15.
● M.R. Balaji v. State of Mysore in 1963 upheld the validity of this clause.
● In the P. A. Inamdar case it was said that government cannot enforce reservation in unaided
private educational institutions. In order to remove the hurdle brought by the previous
judgement the parliament Added clause 5 to article 15 in 2009 by 93rd Amendment Act.
● The validity of the 93rd Constitutional Amendment Act was a held in Ashok Kumar Thakur
case also known as the 27% OBC case.
Article 16(4) via cases:

A. M.R. Balaji v. state of Mysore

In this case the supreme court held that the reservation provided under article 15 (4) and 16 (4)
should not be more than 50% (Reasonable limit). In this case the bench clearly clarified that 68%
reservation is gravely violating the provision of article 16 (4).

B. Devdasan v. UOI
The carry forward rule was struck down. The court stated that article 16 (4) is an exception to
article 16 (1).

C. State of Kerala v. N.M. Thomas Validated the carry forward rule stating that article 16 (4) is an
extension of article 16 (1) and not an exception.
D. Indra Sawhney (Mandal Commission Case)
The bench laid down the following, creamy layer for OBC, 50% cap for reservation (however can be
overlooked in exceptional cases) and lastly the bench stated that reservation only exists for
appointments and not for promotions. After this case an amendment was brought in which added
clause 4A and 4B to article 16.

E. M. Nagraj v. UOI
Held 16(4A) as valid but laid down three conditions for the same. Firstly the state had to prove that
SC/ST receiving the reservation were coming under socially and educationally backward class.
Secondly, it had to be prove that the ones getting the reservation were not adequately represented
and lastly the state had to prove that due to the reservation the efficiency of the organization was
not depleting.
F. Jarnail Singh v. Lakshmi Narayan
In this case it was laid down that no quantifiable data is required in order to give promotion to the
SC/ST. But it brought in the new concept of creamy layer of SC/ST for the stating that in cases
where reservation is being granted to the creamy layer of SC/ST the state has to show quantifiable
data.
Held 16(4A) as valid but laid down three conditions for the same.
● Article 17 abolished untouchability and is a remedy available against the state as well as
private individuals. ( Protection of Civil Rights Act 1955).

● Peoples Union for Democratic Rights versus Union of India

● State of Karnataka versus Appa Balu Ingale

● Article 18- Balaji Raghavan vs. UOI in this case the apex court had a felt the validity of
civilian honours.

● Article 19 (pay heed to exceptions)

● Sakal Papers versus Union of India -freedom of expression includes freedom of press.
● Bennett Coleman vs Union of India.
● Hamdard dawakhana vs Union of India was the case where it was laid down that
advertisement is also a form of speech and is a form expression of ideas.
● In Union of India versus Association for Democratic Reforms the supreme court held that
it is the voters right to know about the candidates.
● Communist Party of India versus Bharat Kumar and others. This is the case wherein it was
held that calling for bandh by any political party or organization is unconstitutional.
● Pre censorship of films under article 19 (2) was justified in the case of K.A. Abbas versus
Union of India.
● In Shreya Singhal vs Union of India 66A of IT Act was held unconstitutional.
● The 97th Constitutional Amendment Act added the provision of cooperative societies (1c) to
article 19.
● 19 (1f) has been repelled. Article 31(1) has been removed from part III of the Constitution
and is converted into Article 300A.
● Article 20

● Clause 1 - Ex post facto law Kedar Nath versus state of West Bengal and Ratan Lal versus
State of Punjab.

● Clause 2 Double Jeopardy -Nemo debet bis vexari (pro una et eadem causa)

● Clause 3 Self Incrimination or right to remain silent

Article 20(3) Ideally narco analysis and brain mapping test are not unconstitutional as long as the
accused is voluntarily undergoing one.

State of Bombay v. Kathikalu (1961) was the case were in it was held that to be a witness is not
equivalent to furnishing evidence. Taking specimens of fingerprints, handwriting and blood samples
and so on are not prohibited under article 20(3)
Article 21
1. Right to privacy (K.S. Puttaswamy v. UOI)
2. Right to Legal Aid (M.H. Hoskot v. State of Maharashtra)
3. Right against unnecessary arrest (Joginder Kumar vs State of Uttar Pradesh)
4. Right against handcuffing (Prem Shankar v. Delhi Administration)
5. Death penalty is not violating Article 21 when it comes to rarest of the rare cases (Bacchan Singh
v. State of Punjab)
6. Public hanging is violating Article 21 (Attorney General of India v. Lachma Devi)
7. Delay in execution of death sentence (Triveniben vs State of Gujarat)
8. Compensation awarded under article 32 and 226 (Rudal Shah v. State of Bihar)
9. Custodial Death (Nilabati Behera Vs State of Orissa)
10. Right to health ( Pt. Parmanand Katara vs Union Of India)
Article 22 of the Indian constitution talks about the protection of life and personal liberty.
About Article 22:
● The article provides the following safeguards:
○ Article 22(1) – Any person who is in custody has to be informed as to why he has been
arrested. Further, he cannot be denied the right to consult an advocate.
○ Article 22(2) – The arrested individual should be produced before a judicial magistrate
within 24 hours of his arrest.
○ Article 22(3) – Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the
time being is an enemy alien; or (b) to any person who is arrested or detained under any
law providing for preventive detention
● These safeguards are, however, not applicable to
○ Enemy aliens
○ People arrested under preventive detention law.
Article 23 does not prohibit the state from imposing any provision of compulsory service.
(Deena v. UOI - the Apex court has stated that labor derived from prisoners without giving
themselves proper wages is violative of article 23.)

Article 24 (below the age of 14 years)Peoples Union of Democratic Rights v. UOI was the
case where construction work was regarded as dangerous and the employment of children for
the same was prohibited
Article 25. Freedom of conscience and free profession, practice and propagation of religion.
o Freedom of conscience (inner feelings)
o Right to profess ( external manifestation)
o Right to practice (performing rites and rituals)
o Right to propagate (communication of religious ideas)
Article 25 is not absolute and is subjected to public order, mortality, health and other provisions of
this part.
Ismail Faruki v. Union of India in this case the supreme court held that offering of prayer or
worship is a religious practice but offering at every location where such prayer can be offered is not
an essential religious practice.
Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn : it was held that no
person can be allowed to disturb the peace of other members of the society while exercising their
religious freedom (noise pollution)
Article 26. Freedom to manage religious affairs.
S.P. Mittal v. Union of India (Religious denomination)

Article 27. Freedom as to payment of taxes for promotion of any particular religion.
T.M.A Pai Foundation v State of Karnataka what's the case were it was specified that no person can
be compelled to pay taxes for promotion of maintenance of any particular religion.
Article 28. Freedom as to attendance at religious instruction or religious worship in certain
education institutions.

Article 29 mandates that no discrimination would be done on the ground of religion, race, caste,
language or any of them.
29(2) is not confined to minorities only but extends to all citizens whether they belong to the
minority or majority.

Article 30 mandates that all minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their choice.
Islamic Academy of Education v. State of Karnataka the case where the apex court held educational
institution can have their own fee structure but there must not be any profiting or capitation fee
being charged.
Article 31 was repelled by the 44th Amendment Act along with article 19(f)
31A acquisition of estate by government by virtue of First Constitutional Amendment.
31B without any prejudice to the provisions under 31A none of the acts and regulations specific in the 9th
schedule will be void if they are/ deemed to be inconsistent with the fundamental rights.
31C is a bar in article 13, it states that any law made to achieve the goals of DPSP will be valid even if
they are in violation with Article 14 and 19.
Article 31 D saving of laws in respect of anti national activities (repelled by the 43rd Amendment Act).
Article 32 is the heart and soul of the Indian Constitution. The limitation act is not applicable on writs.
Doctrine of Latches ( Tilokchand Motichand vs H.B. Munshi)
"Article 226 > 32“

Locus Standi S.P. Gupta v. Union of India (PIL was defined for India). In cases of public interest litigation
any person whose right is not infringed can file a case.
● Habeas Corpus ( To have the body of.)
The Supreme Court or High Court can issue this writ against both private and public authorities.
Habeas Corpus can not be issued in the following cases:
○ When detention is lawful
○ When the proceeding is for contempt of a legislature or a court
○ Detention is by a competent court
○ Detention is outside the jurisdiction of the court
○ Habits Corpus is an exception to the application of the principle of Res Judicata
● Mandamus (We command)
Unlike Habeas Corpus, Mandamus cannot be issued against a private individual
Mandamus can not be issued in the following cases:
○ To enforce departmental instruction that does not possess statutory force
○ To order someone to work when the kind of work is discretionary and not mandatory
○ To enforce a contractual obligation
○ Mandamus can’t be issued against the Indian President or State Governors
○ Against the Chief Justice of a High Court acting in a judicial capacity

● Prohibition (To forbid)

○ Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
○ It can’t be issued against administrative authorities, legislative bodies and private
individuals or bodies
Certiorari (To be informed)
It cannot be issued against legislative bodies and private individuals or bodies.

Quo-Warranto (By what authority)

Quo-Warranto can be issued only when the substantive public office of a permanent
character created by a statute or by the Constitution is involved
It can’t be issued against private or ministerial office
President.
Article 53- Executive Head of the Union. He gives his resignation to the vice president and is sworn
in by the chief justice of India, and in case otherwise by the senior most judge of the supreme court.
Election of the President- (single transferable vote by secret ballot). Nominated members do not
participate. Only the elected members of both the houses of parliament and the elected members of
the state legislative assembly participate. For the purpose of the election of the president the 1971
census is to be followed till 2026 as per the 84th Amendment.

Qualification:
He should be an Indian Citizen.
His age should be a minimum of 35 years.
He should qualify the conditions to be elected as a member of the Lok Sabha.
He should not hold any office of profit under the central government, state government, or any
public authority.
Impeachment The only condition for the initiation of impeachment of the Indian president is the
‘violation of the constitution.’
1.Impeachment president for the president can start in either house of the parliament.
2. A resolution is to be signed by one-fourth of the total members of that house at that time.
3. 14 Days Notice
4. Then the resolution is to be passed by a majority of not less than two-thirds of the total
membership of the house.
5. The charges are to be investigated by the other house.
6. The president has the right to appear and represent himself.
7. If the resolution is passed by not less than two-thirds of the total members of the house that was
investigating who are of the opinion that the charges have sustained then the president shall be
removed from office.
Executive Powers of President
He appoints the attorney general of India and determines his remuneration
He appoints the following people: Comptroller and Auditor General of India (CAG),Chief Election
Commissioner and other Election Commissioners, Chairman and members of the Union Public
Service Commission State Governors Finance Commission of India chairman and members
Legislative Powers of President
He summons or prorogues Parliament and dissolve the Lok Sabha
He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
He addresses the Indian Parliament at the commencement of the first session after every general
election
He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha
when the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the
linked article.)
He nominates 12 members of the Rajya Sabha
He can nominate two members to the Lok Sabha from the Anglo-Indian Community
He consults the Election Commission of India on questions of disqualifications of MPs.
He promulgates ordinances (T. Venkata Reddy versus State of Andhra Pradesh. It was held at
ordinance making power is a legislative power and it cannot be question on the ground of motive
and non application of mind or on the ground of necessity. It can be challenged if the president or
governor is acting with mala fide intention.)
He lays the following reports before the Parliament:
a. Comptroller and Auditor General
b. Union Public Service Commission
c. Finance Commission, etc.

Financial Powers of President

To introduce the money bill, his prior recommendation is a must
He causes Union Budget to be laid before the Parliament
To make a demand for grants, his recommendation is a pre-requisite
Contingency Fund of India is under his control
He constitutes the Finance Commission every five years

Judicial Powers of President

Appointment of Chief Justice and Supreme Court/High Court Judges are on him
He takes advice from the Supreme Court, however, the advice is not binding on him
He has pardoning power: Under article 72, he has been conferred with power to grant pardon
against punishment for an offence against union law, punishment by a martial court, or death
sentence.

Diplomatic Powers of President

International Treaties and agreements that are approved by the Parliament are negotiated and
concluded in his name
He is the representative of India in international forums and affairs
Military Powers of President
He is the commander of the defense forces of India.
He appoints: Chief of the Army, Chief of the Navy, Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:
National Emergency (Article 352)
President’s Rule (Article 356 & 365)
Financial Emergency (Article 360)
Maru Ram versus state of Haryana who is the case where the supreme court said that the power of
the president and the Governor under articles 72 and 161 respectively is subject to Judicial review
on the grounds that the order has been passed without application of mind or prima facie shows
mala fide intention. The order can be brought under scrutiny if it has been based on irrelevant
grounds or suffers from arbitrariness.
In case of death sentence only President has the power to pardon. As long as the matter is pending
before any court then the executive should restrain from exercising its power under these provisions
( K.M. Nanavati). The president or the Governor are not answerable to any courts for the acts done
in performance of their duty. No criminal/civil preceding can be initiated against them during the
term of their office.

Vice-President of India
The difference between the electoral college that elects President and the one electing Vice-
President of India is given below:
In electoral college for Vice President, both elected and nominated members of both the Houses of
Parliament take part. In presidential elections, nominated members are not a part of the electoral
college.
For Vice President’s elections, states have no role to play unlike in President’s elections where state
legislative assemblies’ elected members are a part of the electoral college.
The mode of election hence is termed as ‘indirect election’. The principle of election used is
Proportional Representation by means of Single Transferrable Vote.
Elected members of both Lok Sabha and Rajya Sabha.
Nominated members of both Lok Sabha and Rajya Sabha.
An Indian Citizen who has completed 35 years of age is qualified to become the Vice-President of
India given, he is also qualified to be a Rajya Sabha member. However, he should not be a member
of either Lok Sabha or Rajya Sabha and if he is elected as Vice President when he has a seat in
either of the house, he is deemed to have vacated that seat on his first day in the office. He also is
not allowed to hold any office of profit under union government, state government, public authority
and local authority. Vice President holds the position for five years. However, he can resign before
five years by handing over his resignation to the President.

Unlike President who has to be impeached formally; there is no formal impeachment for Vice
President. Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it.
Also, there is no ground mentioned in the constitution for the removal of Vice President of India.

The prime minister (leader of the majority party) is appointed by the president Article 75. Are the
ministers are appointed or dismissed by the president on the advice of the prime minister. The prime
minister is the chairman of niti aayog. Any person can be appointed as a minister on the advice of
the prime minister but he can only remain in office for 6 months wherein within this period he has to
secure a seat in either House of the parliament. Article 75(3) the council of ministers are
collectively responsible to the lok sabha and individually responsible to the president. The total
strength of the ministers including the prime minister shall not be more than 15% of the total
members of the lok sabha (91st Amendment Act).
Attorney General is the first law officer of India appointed by president who enjoys the office in the
pleasure of the president. And any person with the eligibility to become the supreme court judge can
be appointed as the attorney General and he is not the member of the cabinet. The Tony general has
the right to audience in all the courts in the territory of India under article 76.He takes part in the
proceedings of the parliament but is denied the right to vote and the enjoys all the privileges
available to a member of the parliament.

Article 148 CAG (6 years or up to 65 years)Appointed by the President. He exercises power in

relation to accounts of the Union and of the state. He is known as the guardian of the public purse.
 Judiciary

Subordinate
SC (124-147) HC (214-231) court (233-
237)
Establishment
Article 124 for supreme court. Article 130 this supreme court is to be established in Delhi or any
other place to be decided by the Chief Justice of India on the approval of the president.
Article 214 provides for establishment of the high court in each state. There can be one HC for two
or more states.

Appointment
Judges are appointed by the president after consultation with the chief Justice of India and four
senior most judges (seniority, merit and regional representation)
For high courts the president appoints the judges after consultation with the chief Justice of India
and two senior most judges along with the chief Justice of High court and governor.
Three Judges Case:
1. S.P. Gupta v. UOI - in the appointment of the judges the chief justice should be
2. Supreme court advocate on record Association versus Union of India- it is held at Chief Justice's
opinion is binding
3. Re Presidential Reference article 143. The opinion of the chief justice will be binding on the
president as it reflects the opinion of the judiciary.
Term
SC - up to 65 years of age Article 124(2)
HC up to 62 years of age

Resignation
SC and HC judges to the president

Removal same for both

By the orders of the president on the motion passed by the parliament. The grounds for the same
being proved misbehavior or incapacitation.
The question of age for the supreme court judges is to be decided by the parliament and for the
High court judges is to be decided by the president on consultation with the CJI.
The supreme court judges take the oath before the president and the High court judges before the
Governor
Eligibility Criteria for Supreme Court Judge
● The Indian Constitution says in Article 124 [3] that in order to be appointed as a judge in the
Supreme Court of India, the person has to fit in the following criteria:
● He/She is a citizen of India and
● has been for at least five years a Judge of a High Court or of two or more such Courts in
succession; or
● has been for at least ten years an advocate of a High Court or of two or more such Courts in
succession; or
● is, in the opinion of the President, a distinguished jurist.

Qualifications of High Court Judges

● A person appointed as a high court judge should have the following qualifications:
● He/she should be an Indian citizen.
● He/she must have held a judicial office in India for ten years, or
● He/she must have been an advocate in a high court (or high courts in succession) for ten
years.
After retirement the supreme court judges shall not act in any court before any authority within
the territory of India. In case of High court judges they can be placed in the supreme court or in
any other High court.

Original jurisdiction 131

Appellate jurisdiction ( Constitutional 132, Civil 133, Criminal 134)
Review 137(Error on the fact of records or on discovery of new facts)
Advisory 143
Certificate 134A
SLP 136
Complete justice 142
Roopa Ashok Hurra v. Ashok Hurra - curative petition is the re-review and article 137.
Re Special Courts Bill, 1978 : the views expressed by supreme court a binding upon all quotes but
not on the president.

Epistolary jurisdiction means acting on letter written by or on behalf of the oppressed people. This
strategy is adopted by the supreme court for facilitating access to justice.

Panchayats was brought in by Lord Rippon.

The Government of India Act 1990 was when in some villages panchayats were established. Article
40 obliges States to have village panchayats.
Recommendations of L M Singhvi Committee
Local self-government should be acknowledged by the Constitution.
Panchayat elections should be held on a regular basis and without delay.
Every state should establish a Panchayati Raj judicial tribunal to deal with issues relating to the
administration of Panchayati Raj.
Nagaur Rajasthan was the first district Panchayat was established (1956).
One third of the seats are compulsory reserved for the women. 33% of the seats are reserved for SC
and ST. And 33% is reserved for women from those categories which shall from the part of 33%
seats reserved for women. Reservation of OBC is not compulsory but the state can alter.

Municipalities
Transitional area has municipal Panchayat, small urban area has municipal councils, and a
large urban area has municipal corporation

Finance commission article 280. (Chairman+4 members)

Chairman of the first finance commission K.C. Neogy
They recommend to the president the basis for distribution of the net proceeds of taxes between the
center and the states.

Election commission (324)

They aid and conducting parliamentary state legislative presidential and vice presidential elections.
Right to vote is a statutory/constitutional right.
● The President appoints Chief Election Commissioner and Election Commissioners.
● They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
● They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
● The Chief Election Commissioner can be removed from office only through a process of removal similar to
that of a Supreme Court judge for by Parliament.

Procedure of Removal
● Judges of High Courts and Supreme Court, CEC, Comptroller and Auditor General (CAG) may
be Removed from office through a motion adopted by Parliament on grounds of ‘Proven misbehavior or
incapacity’.
● Removal requires special majority of 2/3rd members present and voting supported by more than 50% of the
total strength of the house.
● The Constitution does not use the word ‘impeachment’, for the removal of the judges, CAG, CEC.
● The term ‘Impeachment’ is only used for removing the President which requires the special majority of 2/3rd
members of the total strength of both the houses which is not used elsewhere.
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Indian Contract Act Civil Procedure Code Jurisprudence

Hindu Law Constitutional Law Criminal Procedure Code

Local Laws Indian Penal Code Indian Evidence Act

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