Laxmikant Q.bank
Laxmikant Q.bank
Indian Constitution
• Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions
and basic structure.
Comparison of the Indian constitutional scheme with that of other countries
Key features of the act of the following acts
● Regulating Act of 1773 ( take question from puri & jarnail notes )
● Pitt’s India Act of 1784
● Charter Act of 1793
● Charter Act of 1813
● Charter Act of 1833
● Charter Act of 1853
● Act for better government of India 1858
● India Council Act 1861
● India Council Act 1892
● India Council Act 1909
● GoI Act of 1919
● GoI Act 1935
● Indian Independence Act 1947 (13 points)
1. Which act gave the GG power to override executive council decision?
2. Which act estd Executive council?
3. When was the Macaulay committee appointed and after which act and why?
4. Which acts estd bicameralism at centre and states?
5. Which acts are associated with the start of entry of Indians to executive council and legislative
council? Who were elected to first such councils?
6. Which acts estd central public service commission, Federal Public commission and provincial
public commission?
7. Which act estd legislative council? How many members? How many to be chosen by prvinces?
Were they Indians?
8. Which act introduced direct elections in the country? (1919 at centre and provinces and 1909 at
local level)
9. How did the separate electorate system of 1909 work? (indirect election)
10. Which act gave separate electorates to depressed classes?
11. Who was given a separate electorate by 1935 act? What % of total people did it give franchise to?
12. Which act ended the commercial aspect of EIC?
13. Which act introduced portfolio and ordinance ?
14. Which act estd the provincial councils and where?
15. Discuss the sequence of non-official majority given by various acts at center and provinces?
16. Which act introduced the system of indirect elctions to councils at centre and provinces?
17. Which act aimed at establishing an All india federation?
Constitutional amendment ®
1. Which act of parliament can be considered constitutional amendment? (Only U/A 368)
2. Highlight the key SC cases related to parliament power to amend constitution. Which part 3
article was specifically used to challenge this?
3. Does art 368 provide for joint sitting provision?
4. Type of majorities for constitutional amendment? Are all of them included in Art 368?
5. At what stages of the bill is special majority required for amendment? Is it followed?
6. Can article 368 be amended? How can article 368 be amended?
7. Mentions some critcisms for the amendment procedure?
8. What is KC Wheare’s praise for amendment procedure?
9. Mention the constitutional amendments outside Art 368? (10.2)
10. Does the CAA require prez approval? Can he withhold assent or practice suspensive , pocket or
any veto?
11. Enlist 2 specific cases where special majority approval of parliament is needed
12. Enlist the areas and articles where 50% state approval is required for CAA?
13. Is previous assent of the President required to introduce constitutional amendment bills?
14. Can the state legislatures propose a bill to amend the part of the constitution relevant to them
(Part VI)?
15. How many times has the constitution been amended till date? (104rd] AA, 126th bill)
16. Can a constitutional amendment bill be introduced a) by a private member b) in RS? (P-10.1)
17. Who is a private member? (any non-minister is a private member)
18. Write the main amendments brought by following CAAs
● 1st AA 1951 (Art 15(4), restrictions U/A 19(1) (g), 9th schedule)
● 7th CAA-> for new states formed after state reog act
● 42nd AA 1976
● Fundamental elements- Preamble, FR, DPSP,
● Legislative- Delimitation, shift of state list subject (4) to concurrent, LS term extended,
quorum removed for parliament/state leg,
● Executive- President bound, Emergency provisions, admin tribunal
● Judicial- Tribunals, AIJS, Election out of judicial purview
th
● 44 AA 1978 (FR, DPSP, President, Emergency, LS term, quorum, Judicial review of election)
● 52 nd AA 1985 : Anti- defection and 10th schedule
● 86th AA- 21(A)
● 91st AA- (15% bar on CoM, min 12 size of state CoM, defected member not eligible for minister
or other remunerative post under state
● 93rd AA- 15(5)
● 97th AA (FR- word cooperative was added, DPSP, new part IXB)
1. Detail features of Indian constitution borrowed from following countries constitution
● USA
● UK
● Canada
● Russia, erstwhile USSR
● France
● Ireland
● Australia
● Germany
● South Africa
● Japan
● GoI Act 1935
● Judicial, Executive, Legislative, Institutions, Administration , Key rights/laws
1. What is the Magna carta of India and where is it actually from?
2. FR aims to estd govt of men and not of law (false; it is govt of law and not men)
3. How is the state defined as per article 12? What is its implication to FR? P-7.2 Does it include
non-statutory bodies? When can a private entity be included in this definition (is this in constn) ?
4. Why are rights given in Part 3 of the Indian constitution fundamental?
5. What are broad categories of Fundamental rights?(RT-E,F
6. What do you mean by absolute(17) and qualified rights? (link)
7. Which rights are positive and negative? (link)
<Right to freedom, right(19) to CR (art 32) , right to religion and CER rights, right to property are
positive> <Right to equality and exploitation is negative as it puts pressure on state>
1. To what extent does the provision U/A 20 apply to civil cases as well
2. Is trial possible under ex post facto law (yes but no conviction and punishment)
3. Does 19(d) include right to migrate out of the country? Where is it incuded?
4. What are the derived rights U/A 21? ©
5. In which article/articles is RTI placed?
6. In which article is right to die or right to last rites placed, right against handcuffing, right to travel
abroad?
7. Differentiate b/w PEBL and DPOL? Source Constitutions? Cases applied? ©
8. What are principles of natural justice used in DPOL ©
9. Discuss relevant CAA and parliamentary act empowering primary education
10. Who are not guaranteed the 4 protections U/A 22? Is it applicable after/before arrest?
11. What are constitutional provisions related to preventive detention? Art 22 What is the division of
powers wrt legislation on preventive detention bw states and parliament?
(Max 3 months detentions unless further approved by advisory committee of HC judges. Also, it
empowers parliament to change time period. State legislature can also concurrently make laws on
some subjects like supply of essential commodities)
1. Main acts of parliament to protect bonded labor, human trafficking, Child Labor (provisions)
2. What ground of discrimination are prohibited under article 23(2)? (4)
3. Does constitution allow regulating/restriction of economic, political, financial, secular activity of
religion? Is kirpan allowed for Sikhs? Hindu= Sikh, Jain, Buddha (All yes) (Art 25)
4. What are restrictions put on religious practices under Art 26 and 25?(restrictions are same)(4)
5. How are art 25 and 26 different?
6. Four types of institution under art 28? What is the norms associated with religious instructions in
each?
7. Does constitution provide right to property to religious denomination as FR? Art 26
8. How does the Const define the term minorities?
9. Is article 29 only for minorities?
10. Under what cases govt. expenditure can be done for a particular religion
11. Does article 29(1) protect the interests of minorities or majority as well?
12. Are restriction under Art 29(2) different from art 15(1) in any way?
13. Any prohibited grounds for state grants to educational institutes (minority institute
(religion/language)
14. What are various writs of SC? ©Which of these are applicable to private authorities, public
administrators, and judicial/quasi- judicial bodies? (Link)
Manda Y Y N N (yes Y N (but yes Command a public official to perform his duty. NOT
applicable if
mus against against
a)duty is discretionary not mandatory
inferio public b) to governor or prez
r bodies) c)CJ of high court
court) d) to enforce non statutory departmental order
e) enforce a contractual obligation
Certior Y N N Y Y N Transfer case pending with lower order or quash their order
on grounds of excess of jurisdiction or lack of jurisdiction or
ari
error of law
Both preventive as well as curative
1. Can subordinate courts issue writs currently? (no but parliament can allow that to happen)
2. Parliament by law can abridge FRs of which officers? Can there be a judicial review of same?
Can state legislature make law under Art 33? (no)
(Art 33 Armed forces, forces charged with maintaining public order, intelligence bureau, and
telecom people associated with above three, Art 34- indemnity to persons for act of order
restoration in martial law area)- No
How can a state claim protection of law under 31A?
1. What do you mean by martial law? How is it diff from National emergency?
2. Can court martial or military tribunal judgement be challenged in SC and HC? (yes- link)
3. Define art 35 provisions.
4. What does right to property being a legal right entail? How are legal rights protected against exec
and legislature?
5. What are the exceptions in 31 A? (5) How is it related to RBI?
6. Which FR require govt laws for enforcement as mentioned in constn?
1. How does Art 37 define utility of DPSP? <fundamental in the governance of the country and duty
of the State to apply these principles in making laws>
2. Difference between DPSP and Instrument of Instructions in GoI Act 1935
3. Where had the irish consitutuion borrowed DPSP from?
4. What forms the philosophy of Indian constituon?
5. Why were the DPSP made non-justiciable and non-enforceble? (3)
6. What re the reasons for non-impelementation of all DPSP till now? (4)
7. Significance of DPSP in Indian constitution
8. Who recommend division of rights into justiciable and non-justiciable?
9. What ideology best describes the theme of DPSPs?
10. Enumerate all DPSPs, along with articles of constitution
11. What is the doctrine of harmonius construction?
12. Mention the DPSPs outside of Part 4 of Indian constitution (i/c article, key directions)
13. Mention about the three cases that detail the balance between FR and DPSP
14. Key differences between FR and DPSP (4)
15. Write the DPSPs introduced by 42nd AA, 44th AA, 86th AA, 97th AA
Article Promote equal justice and free legal aid to the poor, disabled , elderly
39A
Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:
● Right to work
● Right to education
● Right to public assistance,
Article 42 Make provision for just and humane conditions of work and maternity relief
Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all workers
Article Take steps to secure the participation of workers in the management of industries
43A
Article 47 Raise the level of nutrition and the standard of living of people and to improve public health
Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
Article 44 Secure for all citizens a uniform civil code throughout the country
Article 45 Provide early childhood care and education for all children until they complete the age of six
years
Article 48
Organise agriculture and animal husbandry on modern and scientific lines
Article 48A
protect and improve the environment and to safeguard forests and wildlife
Article 49
Protect monuments, places and objects of artistic or historic interest which are declared to be of national
importance
Article 50
Separate the judiciary from the executive in the public services of the State
Article 51
● Promote international peace and security and maintain just and honorable relations b/w nations
● Foster respect for international law and treaty obligations
● Encourage settlement of international disputes by arbitration
Fundamental duties
1. Enumerate the fundamental duties mentioned in Part 4A of Indian Constitution 51A ®
2. Mention the recommendation of Swaran Singh Committee which were not accepted? How many
duties did it recommend?
3. What two kinds of duties are there?
4. Do they extend to foreigners?
5. Which democratic countries have fundamental duties in their constitution?
6. Write the article and CAA that brought it into effect
7. What are the significance of Fundamental duties?
8. How can fundamental duties be enforced? Give few examples of enforcement?
Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal
structure, devolution of powers and finances up to local levels and challenges therein.
• Separation of powers between various organs dispute redressal mechanisms and institutions
1. Which Part of the constitution deal with issues related to the territory of India? Which Articles
does this contain? Which Schedule is relevant here?
2. What are 3 ways to create new states? Do all of them need a law of parliament? ®
3. Two preconditons for parliament to reorganise states?
4. Discuss parliament, president, and state legislature power regarding changing
name/area/boundary of state? Are these changes considered constitutional amendment?(Link) ®
5. Does constitution of India allow ceding of Indian territory to any other country in some
conditions
a. Mention the berubari judgement in this regard
b. Does settlement of boundary disputes require constitutional amendement?
6. Which commission suggested abolition of for fold classification of states and where were its
recommendations for the reorganization?
<Even if state passes resolution for name, area, boundary- union will draft a bill and send it for state’s
comments>
Citizenship
(He, either of his parents/grand-parents were born in India as per GoI 1935 and
- If migration before 19 July 1948 or migration after the above date then registration with an officer
of GoI appointed for the purpose after residing for 6 months
- Migrants to Pakistan after 1 March 1947 no more citizen of India- if they return 19 July condition
applies)
Structure of Indian polity
1. Define federalism, confederation, union of state, unitary form of government
2. What is a fixed executive govt?
3. Why is parliamentary govt called responsible govt? (2 keywords)
4. 2 reasons why India is union and not federation as per BR Ambedkar? (Link)
5. Differentiate between federal and unitary polity?
6. What is the basic principle of federalism as quoted by Ambedkar?
7. Justify why Indian polity is structurally a federal polity?
8. Give provisions in the constitution which makes India a federal polity with unitary bias? ®
1. Can a tax be collected in India without a law? (Art 265 No tax shall be levied/collected except
bylaw)
2. Does taxes share attributable to states/UTs become part of CFI? (Only UT) Art 269
3. What tax entries are mentioned in Concurrent list?
4. What are the constitutional restrictions on taxation powers of centre (2) and states (5)?
5. Which CAA brought Corporation tax and Custom duties at par with income tax for devolution to
state and under the recommendation of which finance committee?
6. Surcharge is part of which account of Union? CFI
7. Grants in-aid to which states for export duty on Jute is charged expense on CFI? (Assam, Bihar,
Orissa, West Bengal)- check if it’s still operational
8. Are states allowed to levy tax professions, trades, callings or employments even though income
tax is a union subject? Yes if it’s for benefit of municipality, local body etc. with a ceiling of 2500
Rs/person (Art 276)
9. Where is suitor’s money deposited with public servant/court deposited with? Public account of
India/State
10. Can state govt. impose any tax on union govt. properties? <Art 285- No unless parliament
provide by law> What about taxing central owned corporation?
11. Can state govt. impose tax on goods being sold in other state/ in the course of goods being
imported into/ exported outside India? No. Art 286
12. State govt. can’t impose tax of electricity wrt to GoI/railways? Yes, they can’t Art 287
13. Do tax on water/electricity (for inter-state river project) by state need presidential approval? Yes
14. Can union not tax property/income of a state? (It generally can’t unless parliament by law provide
wrt to trade/business)
15. Are payments to Travancore Devaswom Fund Charged expenditure to Kerala CFS? Does TN also
have such fund? Yes to both- art 290A
16. State legislature define limit on borrowing on security of CFS by state in domestic as well as
international markets? (Art 293- says its limited to territory of India)
17. Under what conditions do state need GoI approval for raising loan? (In case of outstanding
loan/BG made by GoI)
18. The resources in territorial waters/ EEZ is vested in concerned state? (No- union and the limits
are as provided by parliament by law)
19. Who decides devolution of GST receipts? (IGST and CGST (FC), SGST)
20. Can surcharge and cess be imposed on GST goods and services?
21. What are the three types of grants to the states?
22. Are the states allowed to raise loans from outside?
23. Are non-tax revenue of centre shared with states?
24. Where are statutory and other grants sourced from? Are they charged or voted expenditure?
25. In whose name govt. contracts/assurances made? President/person authorized by him?
26. Freedom of trade and commerce in the territory of India is FR U/A 19 (1)-
<No Const. right U/A 301. Parliament can make preferential law to counter scarcity of goods in
any/whole part of India, state can make such law in public interest with prior approval of
president>
Tax Levy Collect
Stamp duty; Excise on medicinal/ toiletry prep (omitted) Union State
1. Who has the executive authority for law on concurrent list by parliament and legislative
assembly? Can this be changed in some case? How? Mention one such law. (pg 14.5)
2. What are the restriction on executive power of state? (2)
3. Can legislative powers of state and centre be delegated mutually and if yes, under what
conditions? What about executive powers?
4. How does the centre (executive) employ control over state legislation?
5. When can union issue directions to state executives (6)? Which article grants coercive authority
for this?
<Executive power of Union- giving directions to state a) for ensuring implementation of union law
b) to ensure states don’t impede/prejudice the union executive powers c) maintenance of means of
communication for national/military importance (parliament can declare highways/waterways as
NH/NW), protection of railways in state, provison of primary education in mother tongue for
linguistic groups children, welfare schemes for STs in state)
1. Can govt. of India (executive) exercise executive, legislative, judiciary functions of foreign
territory? Yes Art 260
2. Mention some extra constitutional ways of coopn bw centre and states?
1. What are the point of contentions between states and centre? (12)
2. Name some committes for review of centre and state relations?
3. Have river boards been estd in India?
4. Why did the consitn provide for extra judicial machinery for river dispute resoln?
5. Can SC have judicial review of river dispute? (Link) (link)
6. What are the 7 mechanisms in constitution to strengthen the center- state cooperation?
7. What are Sarkaria Commission recommendation on the same? (6)
8. What are extra-constitutional mechanisms to strengthen the center-state relations
9. What are inter-state councils’ functions, composition? Their establishment? Who constitute them?
Are UT included?
10. What are zonal council (NE council) functions and composition? Their establishment? Are they
constitutional?
11. What are the exceptions to article 301? Basically explain art 302-305.
12. What are main act/constitutional provision for inter-state water disputes?
Emergency provisions:-
1. What are 3 types of emergency? It’s inspired from which constitution?
2. Answer following questions related to each type of emergency?
● Who proclaims each of these emergency?
● The const uses the term emergency for which types of emergencies?
● Define the grounds on which it can be applied?
● How many times and when India has seen application of the emergency? (google)
● Define its approval process (majority in each house, time period for approval)
● Provisions if LS is dissolved before approval of emergency
● The emergency needs to be reapproved in how many days/months
● Maximum continuation of period of emergency?
● Process for revocation of emergency? (resolution majority, special session, # of days,
type of majority)
● Who calls the special sitting of houses for revocation of emergency if applicable?
1. Discuss changes brought by each in executive, legislative and financial distribution of powers
between states and union
2. Write about key amendments brought by 42nd and 44th AA in respect to emergency?
3. Specific to National emergency
● Where is the term mentioned in Constn?
● Provisions added by 44th amendment (1 month time, recurrent approvals for six months,
cabinet written recommendation for proclamation, special majority from earlier simple
majority, revocation if resoln by LS, 1/10th majority for calling special session for such
revocation, art 358 only for external emergency, only laws related to emergency are
protected, protects art 20 and 21 from art 359)
● How are art 358 and 359 different?
● Does article 359 ask for approval of each house for prez order on suspension of
enforcement of specified FR?
● The leg and exec powers of states are suspended during NE. (T/F)
● Till when are the laws made by Parliament on state list during NE effective and can such
laws be extended to states where NE is not effective (which CAA)?
● What is effect on Fundamental rights and what article mention them? Which of it is
automatically suspended?
● By what duration, # of times, the term of Lok Sabha/Assembly be extended during the
emergency?
● What is the impact of NE on financial aspects of C-S relations? Does it need parliament
approval? Till when are such modification in effect?
● In how much time re-elections need to happen in case of withdrawal of emergency
● Can a subsequent proclamation be issued again if there’s already NE in country?
● Does NE make changes to executive/legislative powers only for territory with NE?
1. Specific to President rule
● Write down contents of Art 355
● On what grounds can Prez rule be imposed?
● Special conditions to be met to extend emergency beyond 1 year
● Key recommendation of Sarkaria Commission (1983) related to emergency©
● Key points related to SR Bommai 1994 v/s Union of India Case 1994 ©
● Which 2 states have never seen application of state emergency? (Google)
● Which 2 states have seen application of state emergency beyond 3 years?
● Difference in application of state emergency in case of J&K. (Link)
● Does president issue a separate order for dissolution of CoM and assembly
● Can a govt. be dissolved for violating a basic feature of constitution?
1. What article of Indian constitution provide special status of J&K? (2)
2. Key provision of both the articles?
3. Key argument against Art 35A method of introduction? Highlight main cases/organization
4. What is the current status of J&K to India? (6 key points)-----------------ye maal outdated
hai(sona-babu giri se bahr aao dekho pyq)
5. What are the special provisions provided by Art 371, 371A – 371J to some states?
a. Which states are there?
b. Special development board for?- Gujarat, Maharashtra, KN-Hyderabad
c. President can apply some law with modification- Sikkim
d. State legislature approval for law affecting local customs- Naga,Mizo
e. Governor responsibility for law and order – Naga, Arunachal
f. Governor responsibility for peace, socio-eco devp- Sikkim
g. Special provisions by president for public employment? Tribunal- is HC jurisdiction N/A
h. Seats in LA <60- Sikkim, Arunachal, Goa, Mizoram
Administration of UTs
1. Which constitutional amendment act led to formation of union territories? What were they
categorized as before this? P- 40.3
2. Who appoints the administrator of UT? Is head the head of UT (like governor)? (P-40.4)
3. Discuss the legislative power distribution with respect to UTs? (P-40.4)
4. Who has the absolute right to make legislation related to state list for 2 UTs with LA and other 5
UTs? (P-40.4)
5. How is Puducherry governed? (link)
6. Which CAA instituted assembly in Delhi? What are key provisions as per CAA (40.4, 40.5)
a. maximum strength of LA and COM
b. Appointment of COM and CM in case of Delhi? (Lt. Governor or President)?
i. What about Puducheryy? (Lt. Governor or President)? Same as above
a. Oath swearing
i. What about Puducheryy? (Lt. Governor or President)? Same as above
b. President rule
c. Power distribution b/w COM & administrator
d. Ordinance promulgation/withdrawal- who, when/when not, whose permission
2. Can puducherry LG withhold, approve or return money bill? (yes all three unlike in SL and
parliament where only withhold and approve option there. Prior reco of LG is neededfor such
bills to be introduced)
3. Does LG of delhi have more power than puducherry (yes. He has executive functions)
4. Under which ministry does the administration of 5 UTs without LA fall? Does the Constn give
this power to the Minsitry? Which is the governance bodies in these UTs? (P-40.5)
5. Which UT have HMAC or AAC? What is the composition of AAC or HMAC?
6. Who can establish the High Court in a UT? How many UTs have their own HC? Which HC
jurisdiction does other UTs fall under (P-40.5)
7. What provisions are mentioned for the governance of acquired territories?
• Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and
issues arising out of these
Union legislature
Members of the house
1. What is the total strength of the house as per constitution and actual? How many
elected/nominated?
2. How are members of the house elected/nominated? ©
3. Is whip issued in Rajya Sabha elections binding on MLAs? Is it open/secret ballot elections? (no
(but party may take action, open ballot)
4. What is the significance of delimitation act? When was it last done (2008)? When can it be done
next without constitutional amendment?(link)
5. What are systems adopted for election of members to each house? P-22.3
6. Why did the constituent assembly not decide on proportional representation for Lok Sabha? (X)
7. What % seats are reserved for women, SC/ST and OBC in each house? P-22.35
8. What is the condition for the proportion of seats in LS to population to be not applicable to some
states?
9. What are special requirements of nominated members? Who nominates them?
10. What are the qualifications for becoming a member of the house? ©
11. How can seats of state in RS be changed? (CAA to change 4th sch)
12. Who administers oath to members of the house? Art 99
13. Who accepts resignation of the members of the house <Chairman/speaker only if it’s genuine and
voluntary>
14. What are provisions for removal of MPs?
15. Who’s final authority of decision in case of 102(1) and 102(2)? (President, Presiding Officer, SC)
16. What are the conditions of defection? What are 2 applicable exceptions? ©
17. Relevant schedule & CAA, any key cases/committees and their recommendations? ©
18. What are conditions for mandatory adherence to whip? (4)©
19. What is mentioned in Schedule 4- (Allocation seats of states/2 UT in RS)
20.Who decides the manner in which representatives of UT can be represented in RS? Art 80
Parliament by law
21.Who decides the manner in which representatives of UT can be represented in LS? Parliament by
law
22. Maximum number of seats for UT in LS? (Art 81) – 20
23. Max no of seats for UT in RS? (not mentioned just combined with states 238)
24. Are reservation sthere for LS and RS both?
25. Does delimitation commission decide seats for Both LS and RS ? (LS only0
26. Who do candidates subscribe oath before election? Art84 (EC as per schedule 3)
27. What are provisions for cases when MP:- Art 101
● Gets elected to both houses- the whole bit is as per law made by parliament (RPA 1951)
in 10 days, else his RS seat becomes vacant; if he is sitting in one house and gets elected
to another; then his first house seat becomes vacant; if elected to 2 seats in the same
house- he should vacate one, else both seats are vacated
● House of parliament and state legislature- if he doesn’t vacate state legislature seats in
time decided by president (14 days), his/her parliament seat is automatically vacated
1. Election, oath, removal and resignation of Speaker and his/her function/powers ©
2. Election, oath, removal and resignation of Dy. Speaker and his/her function/powers
3. Appointment of Protem Speaker and his/her function/powers
4. Election, oath, removal and resignation of Dy. Chairman and his/her function/powers
5. Removal of chairman of RS
6. IS RS chairman a member of RS?
7. Which of the head/dy. of both houses cannot vote in his/her own removal process?
8. What is casting vote? Does Chairman RS also has this vote? Art 100(1) Yes
9. Can speaker, Dy. speaker, Chairman, Dy. Chairman vote in first instance during their removal?
10. Who will preside over Lok Sabha if both Speaker/Dy. Speaker offices are a) vacant b) absent
11. Which MP doesn’t vacate office even when LS is dissolved?
12. Who decides date of election of speaker and deputy speaker?
13. Who elects the panel of chairpersons (not LS-nomination by Speaker)
14. Who elects the panel of vice chairperson (not RS- nomination by chairman)
15. Till when do panel f chairpersons or vice cp hold office?
16. Who appoints the secretary general?
17. Is office of Dy. Speaker subordinate to speaker? Is Dy. Speaker directly responsible to LS?
18. On whose request does speaker call for a secret meeting of the house? (Leader of the house (not
PM))
19. Who decides the salary of Speaker, Dy. Speaker, Chairman, Dy. Chairman- Art 97 Parliament
<Removal by effective majority for speaker, Dy. speaker, Chairman RS, Dy. Chairman RS after 14
days’ notice, they can vote in first instance during their removal, at least 50 proposers for speaker
removal>
House
1. What is the tenure of the house? Is this as per constitution or RPA1951? (No tenure is mentioned
in constitution Art 83 for upper house)
2. Which of these are applicable to house- suspension, dissolution, abolition? (link)
3. What leads to suspension, dissolution, abolition (whichever applicable)? Who does it?
4. Can Rajya Sabha chairman suspend a member? What about speaker of LS?(no, yes) (link)
5. Where do leader of house, whip and opposition leader find their genesis?
6. Who is leader of house? Is it there in LS only?( PM or a minister of that house nominated by him
if he is not member of that house)
7. What are the powers of leader of house? (nominate a dy leader)
8. Is leader of opposition only in LS?
9. Special powers of the house vis-à-vis second house ©
10. What are non-federal characteristics of Rajya Sabha? ©
11. Importance of Rajya Sabha as second house of parliament? ©
12. Privileges of the house and its members? Mention the relevant article.(3 each) Link
13. Do MPs also enjoy the right to publish LS/RS debates?
14. Difference between contempt of the house and breach of privilege(Link)- P-2They are same
15. Define sovereignty of parliament? Does India has it, give reasons? (copy 3)
1. Who summons the sessions of the house? On whose recommendation? (parliamentary affairs
committee) ( Art 85)
2. What is the maximum time period allowed between the two sessions of the parliament? Under
which article of constitution? What is gap as per actual practice? Which is shortest
3. On which occasions does the President address the Houses of Parliament? Who acts as presiding
officer then? Are these sessions’ joint sittings? (Art 87)
4. Differentiate between adjournment, proroguing, and dissolution of the house. Who conducts each
of these functions? P-22.12
5. What is meant by adjournment sine die?
6. List 2 differences between adjournment and prorogation of the house
7. On prorogation of the house, which notices do not lapse? What about bills?
8. Which bills and assurances do not lapse after dissolution of LS? (Some pending bills and all
assurance pending before Committee on Govt Assurances does not lapse)
9. Do bills pending before LS committees lapse after dissolution? (yes except the one on govt
assurances) Does it include RS committee bills as well? (not sure)
10. What is the quorum of house for holding a session? Does it exclude presiding officer? P-22.13
<any RS chair is also considered in quorum>
11. What are recognized as official language of the house? Which whose permission other language
can be used?
12. What is lame duck session? P-22.14
13. What is question hour (1 hour) and Zero hour? P22.14
14. What are starred, unstarred and short notice questions? Can they be directed to private members
too (yellow)?
15. What are the number of Qs allowed per member? (5Q/day person in LS and 7Q/day per person in
RS)
16.What are ‘motions’? P-22.15 What are 3 types of motion? Define each
Ancillary Regular way of proceeding with the House business, such as, bill be passed or taken into consideration etc.
Supersedi Moved in the course of debate on another question, and seek to supersede that question; mostly dilatory in
Types ng nature eg bill be recommitted to select or joint committee or debate on bill be adjourned sine die
Amendm Amends part of the question put before the House (unlike Substitute Motions, which completely replace the
ent entire motion) eg amendment to clause of bill
No-day-yet-named
Motions that have been admitted by the Speaker, but date hasn’t been fixed
motion
18.What are the 4 devices available to MPs for raising urgent matters of public importance requiring
immediate attention of the government/ Parliament? (resoln are for general public interest and not urgent
public interest)
19.List 2 differences between motions and resolutions. Discuss different type of resolutions (P-22.17)
Type of Resolutions Description
Private Member
By a private member. Discussed on alternate Friday
Resolution
Government Resolution By a minister. Discussed on Monday to Thursday
May be moved either by government or private members; these are always tabled in
pursuance of a provision in the constitution or an Act of Parliament. (e.g.: Impeachment of
Statutory Resolution President, disapproval of an ordinance etc.)
If these are adopted, they have the force of law (unlike motions that only express an
opinion of the House; those are not binding on the government)
20.What is no-confidence, confidence motion and vote of thanks motion? What is Rajya Sabha power
with respect to introduction of these motions and effect on COM if not approved?
<Vote of thanks after president’s speech at commencement of New Year! Both house adopt these
motions, no-confidence and confidence can be adopted only by LS, Confidence motion is sometimes
used to counter no confidence motion introduced by opposition, Motion of thanks must be passed in
LS else collapse of govt>
21.Who make rules of procedure for communication between 2 houses and joint sittings? Art 118<
President in consultation with Chairman, RS and Speaker, LS>
1. Write about the 3 funds of union and state govt. detailing relevant constitution article, source of
receipt and process of expenditure approval (i/c any upper limit on expenditure)? ©
<for contingency fund, it is to be estd by law while the other two are expressly estd by constn>
<Speaker, Dy. Speaker, Chairman RS, Dy. Chairman RS, President, SC judge, Pension of HC judge,
CAG, UPSC members, sum to satisfy judgement of tribunal, sinking and debt charges>
1. Define relief funds. Are they subject to audit by CAG? (nDRF is audited but PMRF and PM
CARES is not)
2. Define money bill, finance bill, Ordinary bill , CAA bill Mention article/sub-article and detail of
each ©
3. Answer following questions for ordinary bill , money bill, Financial bill (Cat A), Finance Bill
(Cat B), CAA Bill ©
● House of Introduction (LS/RS)
● Recommendation of president needed (Yes/No)
● Type of Majority (Simple/Special)
● Deadlock resolution (Joint meeting, N/A, Dropped)
● Assent of President needed (Yes/No/veto)- which one as per constitution?
1. What differentiates Financial Bill Cat (b) from ordinary bill? (Presidential reco required)
2. Who has the final authority for classification of bill? Can this decision be challenged in SC?
3. Discuss the 3 responses of RS in case of money bills? (pass, suggest recommendations (house
accept it, reject it), doesn’t act in 14 days- In all these cases bill will be deemed to be passed by
both the houses)
4. Can court inquire in the matters related to procedure of parliament? Art 122
5. What is interim budget? Is the same procedure followed as regular budget?(Link)
It has both receipts and expenditure, vote-on-account is generally for a longer period (4 months),
also even caretaker govt. passes interim budget
1. What is the procedure for introduction of an ordinary Private Members bill? (Link) (Max
3/session)
2. Can private members introduce money bills? What about others No (Yes- for const/ordinary)
3. When all joint session of houses are called? (3) Bills are passed by what majority? Enlist the bills
passed in Joint sitting? Within how many days president calls such joint meeting ©
4. Who presides over joint sittings? Can Chairman Rajya Sabha preside ever over joint sitting?
5. Under what conditions bill is saved even after dissolution of Lok Sabha?(4 conditions)
6. What is budget called as per constitution of India? Definition of different components and related
articles? Who lays down budget in front of Parliament? Art 112 ©
7. Define each step of budget approval process highlight role of LS and RS
● Introduction process
● Vote on Account
● DRSC reports, cut motions
● Application of Guillotine,
● Appropriation bill passed,
● Finance Bill passes
1. What is supplementary grant, additional grant, excess grant, exceptional grant, token grant, vote
on credit? P-22.26
2. Does discussion happens on vote on account before approval? Does it also contain revenue side
or just expenditure side? (link)
3. Does any parliamentary committee need to pre-approve any/all of them before?
4. Who is leader of opposition in both the houses? Is it a statutory act?
5. What shall not be considered only ground for declaring a bill money bill- same as state Art 110(2)
6. In how many parts do constitution suggest budget expenditure to be segregated? (Art 112(2)
Revenue and other
7. Whose recommendation is needed for making request for demand grants in LS? President Art 113
8. Does the appropriation bill introduced after grants request are approved contain the charged
expenditure also? (Yes, Art 114)
9. Who has the final decision on whether any amendment is admissible in appropriation bill for
changing amount/destination of grant? (Presiding officer) Art 114
10. In case of money bill when is presidential pre- approval not required? In case of reduction or
abolition of tax (Art 117)
Parliamentary Committees
1. Are CC constitutional, statutory, and extra-constitutional in nature? Who set up the CCs?
2. Mention the current 6 CCs? Which one are not headed by PM? Which is called super-cabinet?
3. Are members of CC only from Lok Sabha? Are they only consisted only of cabinet ministers?
State Legislature
1. Which part of the constitution contains the provisions for governance of states?
2. How can a Legislative Council be constituted/ abolished for a state? What is the parliament’s
role? What is the state assembly’s role? Art 169 ©
3. How are members of both houses elected/ nominated? ©
4. Which states in India has LC? (AB K TUM-meri paro) – ©
5. Note: LC has same powers as compared to LA in increasing jurisdiction of SPSC
6. Can the above action be deemed a constitutional amendment?
7. How is the state legislative Assembly suspended and dissolved? Who does it?
8. What is the maximum and minimum allowed sizes of the LC? Who fixes the size of the LC?
9. What fraction of the MLC is elected at what frequency? Nominated? Who all indirectly elect
MLC?
10. True or False. All MLAs can vote for the election of MLC members.
11. DO MLC members take part in constutional amendments?
12. How many members are nominated to LA/LC? On what grounds? By whom?
13. What are the maximum and minimum allowed sizes of the legislative assemblies?
14. Has the above rule been changed for a few states? By whose permission? (MizAr NaGoS)
15. What are eligibility criterions for becoming an MLA? MLC? ©
Same as LS/RS (except elector from state, This is as per RPA, also MLC to be eligible for governor
nomination must be resident in state>
1. Who does MLA/MLC need to subscribe oath to for his citizenship? (art 173) person authorized
by EC as per schedule 3
2. Can the Parliament and state legislature make laws that determine eligibility criteria and ground
for disqualification for MLA/MLCs? Art 173 Only Parliament but state leg can denotify an office
of profit for its election
3. In deciding questions related to eligibility and disqualification of MLAs, whose ruling is
supreme?
● President
● Governor
● High Court
● Supreme Court
1. Compare the bill approval process in state legislatures wrt parliament(a) money bills (b) ordinary
bills. © (Money bill, Financial bill, Upper house started ordinary bill, Lower house started
ordinary bill (pass, not act (time period), not approve), amendments)
2. What are 3 ways LC can delay the process of bill approval? What is the maximum period for
which LC can choose to not act on a bill by LA? Duration within which LC needs to approve bill
if LA reapproves the bill
3. What is the next step if amendment suggested by LC is accepted by LA?
4. What provisions exist for calling a joint sitting of the LA and LC?(Link)
5. Is there a governor address?
6. Although the LC is pretty much useless, name 3 potential benefits of the existence of LCs. ©
7. What kinds of vetos are available to the Governor of a state? (same as president)
8. Discuss the provisions related to bill reservation by governor for presidential approval?
9. Can the Governor veto a money bill? Can the Governor reserve a money bill for the President’s
consideration?(Yes, but governor/president cannot use suspensive veto)
10. What happens if an ordinary bill is presented to the Governor, he sends it back to the assembly,
and the assembly passes it again in the same form? (Governor has to give assent, become law)
11. What happens if an ordinary bill is reserved for president’s consideration (in this case if state
passes bill again after president’s suspensive veto, he can still choose to not assent it)
12. What is role of governor after he reserves a bill for president’s consideration? (No role)
13. What are the ordinance making powers of the Governor? (Same as president just limited to state
domain)
14. Can he make ordinances regarding union/state/concurrent subjects without the advice of his
council of ministers? – He can make only related to state list and with advice of CoM
15. In what cases does the Governor have to have the prior assent of the President before making
ordinances? (3) P-30.9
16. What are the provisions of attending parliamentary proceedings for ministers, AGS (they can
attend proceedings of any house but can’t vote unless they are member) Art 177
17. Is chairman of LC act as vice-governor No
18. Who does Chairman LC give his resignation to? (Dy Chairman and Not governor) Art 183
19. Who decides salary of speaker, Dy speaker, Chairman, Dy. Chairman? State legislature (Art 186)
20. Can state legislatures have their separate secretariat, can they share staff? Art 187 Yes
21. Who do members of LA/LC subscribe oath to? Art 188 (Governor by const but he ususally
appoints protem speaker)
22. Quorum for State legislative assembly/council (10% or 10 whichever is higher)Art 189
23. Answer following question in relation to election to multiple seats by MLA/MLCArt 190
a. If he’s elected to 2 or more seats in LA/LC – state will decide by law but he can hold only
1 seat
b. If he’s elected to 2 or more legislatures of state- president decide the threshold period else
he’ll to vacate all but one seat in that period else he’ll be removed from all seats.
24. Who does MLA/MLC gives his resignation to? (Presiding officer) Art 190
25. Is presiding officer bound to accept such resignation (If he feels that such resignation is not
voluntary/genuine)
26. After absenteeism of how many days can a MLA/MLC be disqualified (60 days not i/c >4
not-working days of house) Art 190
27. Decision of disqualification by governor needs whose opinion? EC Art 192
28. What’s penalty on member who votes etc. when he knew he was not qualified, will the decisions
taken stand invalid? 500 Rs :P, No
29. What are cases in 199(2) which makes a bill not money bill? (only if it involves fines/ penalties,
demand/ payment of fees for licenses or services rendered, local bodies tax)
30. What expenses are charged expenditure on State consolidated fund? Can only union by
constitutional amendment make any expense charged expense? Is even discussion not allowed on
such expenses? Art 202
(Speaker, Dy. Speaker, Chairman, Dy. Chairman, HC Judge, governor, debts owed, tribunal
decision. No, state by law can declare too. No, discussion is allowed, voting is not)
1. Whose recommendation is required for making request for grants? (Governor) Art 203
2. Who and how rules for communication between two houses are made? Governor in consultation
with presiding officers (Art 208)
3. Language of house? (Hindi, English, Official language of state (which can be other than 8th
schedule language), mother-tongue with permission of house speaker/chairman) Art 210
Check 204, 205, 206, 209 again after reading relevant article of Parliament
<Provision of speaker, Dy. speaker, Dy. Chairman, bills lapsing, governor prior accent on billis same as
union>
Chairman is different in terms of election, oath, and resignation as he’s not vice-governor
< Governor has similar power for prorogation, summoning, dissolution, addressing house as president>
Entitled to vote only in the first instance on such resolution or on any other matter during such
proceedings but not in the case of an equality of votes
1. How many languages are included in the 8th schedule of the constitution? (1967, 1992, 2003)
2. What’s the purpose of
3. List provisions regarding use of languages in:
● Official business of the parliament (are Devanagari numerals also allowed?)
● Official business of the state (are they limited to Schedule 8 languages +English)
● Communication between union and states- both English and Hindi
● Communication between states
● Language to be used in SC, HCs? (In which cases use of state official language allowed)
● Language to be used for Acts, Bills of state etc. – English translation is must
1. Who declares the official language of a state
2. How many classical languages are there? Enlist all of them? Latest and oldest? Who declares
them
3. Who constitute Commission and Committee of Parliament on official language? Art 344 ®
President, post which a committee of the house will be formed (20 LS, 10 RS and they’ll report their
opinion to President (not speaker)
• Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments
of the Government; pressure groups and formal/informal associations and their role in the Polity
• Salient features of the Representation of People’s Act
1. Compare key features of parliamentary and presidential form of government P-12.6 ®
2. Who is the head of state and head of government/executive in each form of govt.?
3. Pros and cons of Parliamentary and Presidential form of govt.
4. Key difference in Indian and British way of Parliamentary government ®
1. Describe how the President of India is elected. (beware of MCQ saying all members of
parliament as it is elected members of parliament)
2. Which CAA led to inclusion of UTs in president election? Which UTs are part of elections? Is
J&K part of the electoral college?
3. Are state MLCs allowed to vote in the President’s election?
4. Which members of the Rajya Sabha vote in the election for the President?
5. What is the value of vote of state legislature members and MPs?
(Note- If total vote of each MLA exceeds 500, it be increased 1, and vote of each MP is always a whole
number (rounding off is done)
1. Is whip issued in President Election? Do voters have right to refrain or this will cause defection?
2. Is the election open ballot or secret ballot?
3. Who is the returning officer of president’s election?
4. What is minimum number of electors that need to propose and second the nomination of
president?
5. Is the election of the president valid in case there were some vacancies in either house of
Parliament at the time of election? What about vacancies or dissolution in some of the state
legislatures?
6. What if a state government isn’t appointed at the time of election?
7. In case the election of the President is declared void by the appropriate authority after a short
amount of time (say, a month) after the election, what happens to the actions that the President
might have taken while in office, albeit for a very short period of time? Is this in constn or by SC?
8. What if this time period is longer? Say, a year after the elections?
9. What happens to above actions by VP? Same as above as per Art 71
10. Can the Parliament alone modify the procedure for election of the President?
11. What are some of the arguments against direct election for President in India (2)? (P-17.4)
12. List the eligibility criteria for the President (4) ©
13. Can sitting Governors, President, Vice-President of any of the states be appointed President? Can
Ministers at the center/ in the states? What about legilators?
14. What is the tenure of President Office once elected?
15. Name the 5 ways in which a vacancy might arise in the office of the President.
16. In which of these cases is the VP allowed to serve as President until the vacancy is filled?
17. Who acts as president when both President and VP office are vacant P-17.6
18. Who does the President swear his oath to? Key components of his oath? Where in constitution?
19. If a President resigns, who does his hand his resignation to? Who does resignation acceptor has to
notify it to? (VP, speaker)
20. What are the maximum number of times a person can get elected as president?
21. How many grounds for impeachment of a sitting President are specified in the constitution? What
are these? Who defines these grounds- Constitution, parliament, SC if he feels ground not valid?
22. Describe the procedure for impeachment of the President (4 points) © Who does the
investigation?
a. Do nominated members participate in impeachment? (beware of such MCQ saying
elected members of parliament)
23. Compare the removal process to SC judge (resolution support, notice period, investigation house,
grounds)
24. Removal of President, VP is an executive function or legislative function? What about removal of
others?
25. Till when latest does president need to vacate his seat of MP/MLA? on the date he enters office as
president(Art 59)- not to be vacated before
President is the only officer who’s impeached, rest all are removed!!
Vice-President
1. Describe the procedure for election of the VP. Is it any way different from the election of
President? Who’s the presiding officer of elections? ©
2. Describe the eligibility criteria for the VP (4). Are these in any way different from those for the
President? ©
3. How many supporters and seconders are needed for nomination of VP?
4. Who administers oath to VP? Is this oath mentioned in Schedule 3?
5. What is tenure of office of VP? When does the re-election for VP office happen (< 5yrs)? What
happens if election for new term doesn’t happen before expiry of 5 years?
6. Who fills the vacancy if VP is removed, resigns, and dies in office* (not mentioned in Constn but
generally dep. Chariman)? In how much time does re-elections need to happen*?
7. Does the person who enters this office hold it for remaining term? (No, full 5 years) (Art 68)
8. How can a VP be removed? Difference from president removal? (grounds, procedure) ©
9. What are the functions of a VP?
10. While the VP is acting as President, does he still remain the Chairman RS?(Link)
11. Who adjudicates disputes arising out of elections of a President or VP? (Link)
12. What is minimum period for re-election once VP assumes president office in case of vacancy?
How does it differ from USA?
13. Discuss the salary/emolument provision for VP as per constitution?
14. Election of VP is open ballot? (No- Its secret ballot Art 66(2)
<Parliament can make law if a contingency happens that’s not mentioned in constitution Art 71)
1. How would you define the ‘executive’ power of the state? (initiation of law)
2. Is president a part of the parliament? (Art 79)
3. List the three different kinds of Presidential vetos. Discuss their source in constitution (Art 111)
4. For each of the three kinds of vetos, discuss the applicability in Indian case. ©
5. Example of usage of Pocket Veto in India?
6. Under whose advice and aid does President exercise these powers? What does the 42nd and 44th
amendment say about the constitutional limits on the President’s powers? (bound, reconsider)
7. What are the discretionary powers of President? ©
8. Which article of the constitution delineates provisions for ordinances?(of governor?)
9. Can the President Issue ordinances while both houses of parliament are in session? What about
only one of the houses being in session? Can ordinances be re-promulgated with both houses in
session?Can it be promulgated when LS is dissolved or the last session of LS has happened? (No,
Yes, No, No)
10. In how much time does the ordinance need to be approved by houses?
11. What are safeguards for excessive use of Ordinances? (4) © (DC Wadhwa 1986- State of Bihar)
12. Discuss some key cases regarding ordinance promulgating power of president? ©
13. DO countires like UK and US have ordinance powers?
14. What is the perspective of constitution, SC, constitution makers and actual working on powers of
president? © (Ram Jawaiya case)
15. Name the 5 major heads under which the powers of the President can be divided.
16. Describe the powers of the President as per Article 72? ©
17. Are these powers executive, legislative or judicial? Does this make president a court of repeal?
18. In which cases can the president exercise his powers under Art 72? (3)
19. Are these open to judicial review?
20. What are the differences in pardoning powers of the President and State Governors?
21. Can the governors do anything at all in case of death penalty?
22. What are the legislative powers of the President? © (DeanN SUBARaO)
23. What are financial powers of the President? (5)©
24. What are the diplomatic powers of the President?
25. What are the military powers of the President? What role, if any, does the legislature play in this
regard?
26. What are the administrative powers of the President? Name key dignitaries appointed by
president?(Link)
27. What are the 3 cases where the President can exercise his emergency powers?
28. Who is the head of the executive?(Lakshmikant says Pm but rajya sabha says prez)
29. Who determines the salary of president? Can it be changed during his term? (Parliament, No!
here to his disadvantage not mentioned)
Council of Ministers
1. Differentiate between ‘Council Of Ministers and the ‘Cabinet’; which category of ministers need
invitation to attend Cabinet meetings?
2. Which article gurantees freedom to executive and symbolic of separation of power with
judiciary?
3. Which bureaucrat doesn’t need invitation to attend the cabinet meetings?
4. Who’s the political and admin head of the cabinet secretariat?
5. What happens in case a PM is defeated in the Lok Sabha floor test? Can the President then act of
his own volition? No. Art 74
6. What is the term of the PM?
7. What provisions does Const mention for selection of PM and CM?
8. The PM gets same salry as MP? T/F
9. Which bodies does PM recommend appointment for to prez? (EC, CAG, UPSC, FC, AG, CIC)
10. Which bodies are headed by PM? (Link)
1. Answer:
a. Leader of govt
b. Head of lower house
c. Leader of lower house (PM is he is part of LS else nominated by PM)
d. Head of govt
e. Head of executive
f. Head of state
2. Can the court inquire into the COM advice to president? (Art 74)
3. Who appoints the ministers and the Prime minister? Art 75(1)
4. Define collective and individual responsibility? What is the purpose for the same75(2), 75(3)
5. CoM is collectively responsible to the parliament.* (beware of such MCQ) (T/F)
6. Do the ministers stay in the office during the pleasure of president? (Yes)- Art 75(2)
7. Who administers oath to ministers? Art 75(4)
8. What are the two types of oaths for PM and CoM?
9. Who are Parliamentary secretaries? Who administers oath to them?
10. Can a person who is not an MP in either house of the Parliament be appointed as a minister?
Maximum duration of such appointment? Art 75 (5)
11. A minister who is not part of legislature must get elected to either house but not by nomination.
(T/F)* (the const says he needs to become a member therefore both elected and nominated works)
12. Who decides the salary of ministers? (Parliament) Art 75(6)
13. Can president make rule for convenient transaction of business of government of India? Art
77(3)(Yes, but he doesn’t do this in his discretion
14. Who make rules for manner of authentication of executive orders in President’s name? (He
himself and it can’t be challenged in any court) Art 77(2)
15. Who acts as link between president and parliament? (Art 78)
16. Can president ask PM about working of government? Can he even ask an individual decision of a
minister for collective consideration of COM? (Art 78)
17. Who chairs the Cabinet? PM or President?
18. What happens if the PM dies? (Does the Council of Ministers continue to function until the party
that commands a majority in Lok Sabha chooses another PM?)
19. Discuss key points on the 2 school of thoughts related to power of pM: ©
● Primus inter pares
● Chief stone of cabinet arch
1. Discuss the factors that strengthen the Prime Minister position in cabinet.
2. What is Prime Ministerial form of government
3. What is Cabinet form of government?
4. What is Kitchen cabinet? Is it unconstitutional?
5. Define the concept of Shadow cabinet of UK
6. Define the concept of interim, minority and national/unity government
7. Discuss key parliamentary conventions? (Biggest one is COM resigning on losing majority)
8. Where do the cabinet committees derive their powers from? What is the principle of their
formation?(2)
9. Can other ministers be part apart from cabinet members? Who appoints cabinet committes?
10. Which committee is called the super-cabinet?
11. Can Group of Ministers take decision on behalf of the cabinet? Are they adhoc or standing?
12. Two key features of adhoc committees? (formed for some issue, disbanded after completion)
13. What are ARC 2 recommendations and observations for GoM?
1. What is the appointment etc. of the CAG? <Refer to table below> ©
2. How does this role vary from that in Britain (2 key points) (comptroller, pre-approval of CFI
expense)
3. Does CAG serve at the pleasure of the President?
4. Is CAG responsible to CoM or Parliament or both? 49.3
5. What are audit activities of CAG related to central and state govt.? P-49.2What are 3 type of
bodies audited by CAG? Are private companies also audited 49.2©
CAG audits Consolidated find of India/State/UT (with legislature), Public account of India/State,
Contingency fund of India/State
1. What are net proceeds? Who certifies the net proceeds certificate of govt. companies after CAG?
P-49.2 (Tax left after subtracting the cost of collection)
2. Does CAG also maintain govt. accounts? If yes, does CAG compile both state/center’s A/Cs?
P-49.2
3. Does CAG audits all public corporations itself? Does it submit the reports itself for all? P-49.3
4. What are the 3 reports submitted by CAG? Who are these submitted to? P-49.2(Governor directly
for state)
5. Who prescribe the form of accounts of union and state? Is CAG advice taken? Link (Art 150-
pres)
6. Constitution empowers parliament to prescribe the duties and powers of CAG (Act passed in
1971)
1. How can joint commissions of two or more states be set up? (Both houses of the states approve
and parliament will set up by law) Art 315(2)
2. Whose approval is required for UPSC to serve needs of state? (Request by governor on approval
of president) (Art 315(4)
3. Who works as chairman in case of vacancy of chairman? (Such member as appointed by
President (UPSC/JPSC) and governor (SPSC)? Art 316 (1A)
4. Who can extend the jurisdiction of PSC? (Parliament/Resp. State leg.) Art 321
5. Who can reduce the jurisdiction of PSC? Unless president (AIS, other union services)/governor
(state) says that such consultation is not required. Art 320 (3)
Governor
1. Can parliament/state legislature by law confer the powers of governor to anyone else or powers of
other authority to governor? Art 154 (No, obviously unless one do a constitutional amendment)
2. Who appoints, removes Governor? Who does governor give his resignation to? Art 155/6
3. Discuss the provision of governor’s tenure. (Till pleasure of president, for 5 years and until new
person comes in!)(Art 156)
4. What are the grounds mentioned in the constitution according to which the Governor of a state
can be removed? (No grounds are mentioned)
5. Is the Prez power to remove the governor justiciable? Which case gave this verdict? (in general,
Judiciary has limited powers wrt Prez eg pardoning review)
6. Can a governor be transferred form one state to another? Can he be reappointed in same or other
state?
7. What are qualifications/ disqualification to be a governor? (4) (Art 157/158) © How are they
different from an Prez? (disqual same, qual a bit diff)
8. *Who decides emoluments of governor? Division ro ratio b/w states in case of dual
governorship? Can this be diminished during his tenure? (Parliament (not state legislature),
President (and not parliament), No) Art 158
9. Which fund is governor’s salary charged upon? (CFS) In case of joint governor of 2 states?
10. Who administers oath to governor of state? Art 159 (CJ of HC)
11. Who can make provisions for discharge of governor’s function in case of contingencies not
mentioned in this part? Art 160 (President)
12. Does governor enjoy immunity for his official acts? Does he enjoy immunity for personal and
official acts in criminal cases during office? What about civil cases during office and how can it
be done? Can he be arrested or imprisioned during term of office? Is it the same for Prez?
13. Does he also have the oath of preserving, protecting and defending the constn? Who all have such
an oath in the Indian polity? (only guv and prez)
14. Explain why governor’s position in Indian constitution better vis-à-vis president of India? ©
15. Can same person be appointed as governor for more than one state? Is it convention/law?
<It’s specifically written in constitution that same person can be appointed as governor of 2 or
more states, so president directly can Art154> This was introduced by 7th CAA
1. Which Article of the constitution details the provisions of what to do when the constitutional
machinery in a state breaks down?
2. Can he appoint and remove the SEC, SPSC?
3. What are the judicial powers of the Governor?
4. Does he have pardoning powers for death sentence and other sentences? (only in case of other
sentences)
5. Can the above decision of the Governor be challenged in: (not in local courts)- check
● Local courts?
● High Court?
● Supreme Court?
1. On what grounds are discretionary power of guv protected from judicial review. Is it applicable
for other purpose? (if its is a legit discretionary power like reserving bill for prez then ground of
him not having done that is out of review. But the scope of an action under discretionary power is
always under judicial review)
2. Mention the consitutuional and situational discretionary powers of governor. Also his special
powers. (Art 163, 166, 200)
3. What are the explicit condition mentioned for reservation of bill by Governor for Prez in constn?
(1). What other cases can he reserve bills in? (5)+state bill to tax authority by Parliamnet for
developing inter state river or river valley
4. When does the Governor require permission of Prez for promulgating ordinances? (3)
5. What are Sarkaria commission recommendation on governor appointment? ©
6. Why did the constituent assembly decide to have an appointed Governor as against
elected one?
1. Discuss 3 sub articles of Art 163 related to COM aid and advice to the governor? 2 ways it is
different from Union COM advice to the President? Art 163
(Bound is not explicitly mentioned, governor doesn’t need COM advice where he needs to act in his
discretion, and his decision on discretion is final, court can’t inquire on grounds that he ought not
have acted in his discretion, court cant inquire into advice tendered by CoM)
1. What are the Governor’s powers with respect to the appointment and removal of CM and COM in
state? Do ministers hold office till the pleasure of the governor? (164(1))
2. Which states should have a minister of tribal affairs as per constitution? 164(1)
3. Who administers the oath to COM? Where is this oath mentioned? What two types of oaths are
taken?164(3)
4. What bodies is the CM part of/heads?
(Part of Inter state council and governing council of Niti ayog, member of and vice chairman of
zonal council by rotation, chairman of State Planning board)
1. Can a non-elected person be nominated as minister in the state? What is the maximum duration of
such an appointment? 164 (4)
2. T/F: The number of members of CoM should not exceed 15% of current memership of assembly
(check if current membership is fine actually it should be total strength)
3. Who appoints Deputy CM and Deputy PM?
4. Who forms the cabinet committees?
5. True or False. Parliament decides the salaries of state legislature members. 164 (5)
6. In which cases can the Governor of a state act ‘in his own discretion’? (166(3), 200)
7. Does governor also has powers of president U/A 78 wrt to COM/CM? Art 167
8. When can the Governor dismiss the Chief Minister and his Council of Ministers?
9. What are the main recommendation of Sarkaria Commission in the above regard? ©
10. What is the maximum and minimum size of COM in a state?
Supreme Court
1. Which article provides for establishment of Supreme Court? Which body did SC replace?Art 124
2. Does India have a unitary or federal judicial structure?
3. What is the highest court of appeal in India? What was it before Independence?
4. What are the qualifications of SC judges? Minimum and Maximum age of SC judge? ©
5. How many times has the number of SC judges increased in Indian polity? 6 times including last
in 2019
6. How is the CJI appointed?
7. How are judges of SC/HC appointed? What is the constitutional provision? What is the evolved
understanding based on three judges’ cases?©
8. What is the composition of collegium for SC/HC judge appointment and HC judge transfer? ©
9. Who is the initiator of SC/HC judge appointment process? Can president initiate it too? (link)
1. Who all are eligible for being an ad-hoc judge of SC? Whose appoints and whose approval is
needed?(CJI in consultation with president & CJ of HC, appoint current HC judge whose’
eligible for being SC judge if there’s no quorum to conduct a SC session)(Art 127)
2. If a serving HC judge is appointed to above posts- which office will be priority for him? P26.3
3. Salaries and allowances of judges cannot be varied ever. (t/F) (Possible during financial
emergency)
4. Which retired judges can be appointed in SC? Is presidential approval needed here?(Art 128)
(Yes-SC judge or HC judge qualified to be SC judge, Yes! And that person’s consent is must)
1. Who is acting chief justice? Who appoint him/her under what conditions? Art 126 P-26.3
2. In which courts can the retired SC judges practice as advocate?(They can’t Art 124(7))
3. What are the implications of SC/HC being court of record? What article mentions it? ©
4. What are the 2 type of contempt? IS it mentioned in Constn? Which act defines this
classification? ©
5. What is the criticism of contempt received by court? ©
6. Can judges be charged with contempt of their own court?
7. Where is seat of SC justice? Who has the authority to change it?(CJI and not SC) Whose
approval is needed for this? Which article mentions it?
8. Discuss various provisions under writ jurisdiction of SC? Which part and article?
9. Mention cases when Mandamus writ is not applicable? (6)
10. What is exclusive original jurisdiction of SC? Which parties can use it? What type of cases do not
fall under the original jurisdiction of SC (7)?P-26.5 ©
11. Discuss the appellate jurisdiction to SC in constitutional, civil, criminal matters? P-26.6©
12. Is there a monetary limit on civil appletae jurisdiction?
13. In which of the above cases is the High court certificate not required? P-26.6
14. Does SC appeal lie in cases where HC has reversed the order and ordered acquittal of accused?
15. SC court enjoys special leave jurisdiction over military courts too. True or False?
16. What are 2 subjects on which President can ask for opinion from SC? Is SC bound to respond to
both requests? Are these binding on president? Art 143©
17. In whose election disputes does SC have original and exclusive jurisdiction?
18. Are all judgments by the SC treated as final, or can they be reviewed? If yes, by whom? Art 137
19. Define judicial review? What are the three reasons for JR?
20. What is Public Interest Litigation? Where is concept borrowed from? Mention first two cases of
PIL©
21. What does locus standi mean? Is it applicable in case of PIL
22. What is judicial activism? What articles empowers judges to be activist? What are its pros and
cons©
23. Define key points detailing role of SC in growth of constitution? ©
24. What laws guarantees the power of judicial review to court? (13,Art 32, 136 (special leave)- SC,
226, 227 (review of lower courts)- HC?
25. What is status of judicial review under Schedule 9? Mention provision of 1st amendment act an IR
Coelho Judgment (2007)?Which article or FR were guaranteed in the case? ©
26. Mention specific cases when there is no judicial review?
27. What are the minimum number of judges reqd for hearing cases refereed to SC under Art 143?
28. What is constitution and division bench of SC? (5 or more judges) (2 or 3)
29. We often see that there are multiple times when SC issues orders which become a law. Is there a
specific provision in constitution that provides SC with this power? Art 141.
High Court
1. Which HC in India has the largest territorial jurisdiction? Mention the territorial extent.
2. Does constitution provide for HC for each state? Yes! Art 214
3. True or false. Constitution of India established the institution of HCs? If not, then which act and
in what sequence?
4. What is composition of HC as mentioned in Constn? What is process for increasing number of
High Court judges? How is it diff for SC? Art 216
5. Who appoints the HC judges? Whose consultation is required as per constitution? (CJI, governor,
CJ of HC (not if CJ HC appointment is involved) by president. Art 217 (1)
6. What’s procedure of removal of HC judge? Can governor/state leg. remove too? No Art 217(1)
7. What are 2 cases when HC judge position be vacated? Who does his resignation? (217 (1) (a))
(Promoted to SC judge, transfer to other HC judge) (Resignation to President)
8. What are the qualifications of HC judges? Art 217 (2)©
9. Minimum and Maximum age of HC judge?
10. Which HC are not in state capital? (Link)
11. In case of question regarding HC judge age, whose decision is final? Who decide such dispute in
case of SC judge? Art 217(3) – President (he consults CJI though)
12. Who administers oath to HC judges? (Governor) Art 219
13. In which all courts can the retired HC judges practice as advocate? Is this applicable for judges
who served as HC justice temporarily? (Only for HC where he has been judge, No) Art 220
14. Who decides the salaries of HC judges? (Parliament, can’t be changed to his disadvantage) Art
221
15. Are these charged on state fund or central? What about pension?
16. Who transfer the HC judge? Whose consultation is required? Who can challenge the
transfer?(President, CJI) Art 222 collegium of 4SC judges+ 2 CJ of concerned HC)
17. Who is Acting Chief Justice? Who appoints him/her, amongst whom? Art 223 (Pres, among
judges of court and no consultation is mentioned)
18. Define Additional, Acting judge? Who appoints, max duration/age of such appointment?
19. What are details regarding retired judges? (Appointment, duration)? Can a person who was not
HC judge but qualified to be one also allowed? (No)
20. Which cases can be transferred by HC from subordinate courts? Does the court give the verdict
itself?
21. Detail original jurisdiction of HC? What does the cosnt say about the jurisidcition of HC?(7
points) ( P-34.5, 34.6)©
22. Do hc have orgininal civil and criminal jurisdiction?
23. Discuss the appellate jurisdiction of HC in case of civil and criminal cases? ©
24. Which HCs have original jurisdiction in case of civil and criminal cases?
25. Whose pre-approval is required before making any changes in lower courts proceedings, fees etc.
(governor) (Art 227)
26. Who all have the authority to extend/restrict jurisdiction of HC of state over to a UT? Art 230-
(Parliament only)
27. Can powers of hc be curtailed by parliamnet and state legilstaure? Yes subject to constitutional
provisions Pg 34.5
28. Does the constn grant power to HC to review its own decisions?
29. Who all have authority to constitute a same HC for 2 or more states? Art 231 (Parliament)
Subordinate Courts
1. What is the structure of civil and criminal courts at district level?
2. How are district judges appointed and removed? Is there any difference in procedure related to
subordinate judges? ©
3. What are the qualifications of District judge?
4. Judicial magistrate (2nd Class) and Chief JM can grant punishment for how many years.
5. What level is authorized to punish criminals with death penalty? Is HC approval compulsory?
6. True or false. Munsif courts have unlimited civil litigation authority.
7. Are the decisions of small causes court final?
8. On whose informal model is Lok Adalat concept based upon? Where was it first setup?
9. Which act of parliament was passed to give effect to DPSP relating to free legal aid to poor?
10. What is the composition of Lok Adalats? ©
11. What type of cases and how are cases taken up in these courts? 35.4©
12. What’s the fee for admission of a case in LA?
13. Can there be advocates in cases of LA? If yes, can they present arguments etc.?
14. Lok Adalat has powers equivalent to which type of court?
15. Are decision taken in Lok Adalats following the formal court procedure or informally?
16. Can a case resolved in LokAdalat/ PLA be registered again in higher courts?
17. Discuss the composition and jurisdiction of permanent Lok Adalats? P-35.6
18. What is NALSA? What are bodies established under NALSA? Key functions of these bodies? ©
(free and competent legal aid network)
19. When was NALSA act enacted and when did it come into force?
20. What are free legal services? Who are the eligible beneficiaries for free legal services
21. Discuss establishment and jurisdiction of family courts? It is mandatory for cities with what
population? What is only court of appeal? Are legal practitioners allowed? ©
22. Discuss the establishment, composition, appointment, jurisdiction of Gram Nyaylayas? ©
23. Can state govt. curtail jurisdiction of gram Nyayalayas? It is equivalent to which court?
24. Where is Gram Nyayalaya housed? Court of appeal? Does it follow strict criminal procedures?
25. Discuss the establishment of Administrative tribunals? Are they constitutional bodies? Can state
govt. establish SAT/JAT by LA’s law? (P-63.1) ©
26. Who has the authority to set up SAT/JAT? (Govt., president, parliament by law)
27. Are these arranged hierarchically? What is court of appeal? Can appeal be made directly in SC?
28. What type of tribunals can be established by state? Are these hierarchically arranged?
29. Discuss the appointment, jurisdiction of judges to CAT, SAT, JAT? ©
30. Are CAT/SAT free?
31. Does CAT jurisdiction extend to all union govt. officials? Who all are excluded?
32. Do these follow civil court procedures strictly? (No- but power of civil courts in inquiry etc. but
follow natural justice principles)
Lok Adalats - Typically consist -Cases pending in court Civil No appeal -Informal and LA -Informal, cheap, expeditious
(can be org. of such no of or at pre-litigation stage court after award is specifies own -First such camp was organized in
By State retired or serving - Compoundable made and procdure for dispute Gujarat in 1982
LSA, judicial officers as criminal cases, family hence binding resolution -Statutory status from LSAA
DLSA, provided by org. disputes, labor disputes, -However -No strict 1987
SCLSC, authority pension cases, house decision is applicability of -Pending cases in court can be
HCLSC or - generally, A taxes, comsumer given only Evidnece act or CPC brought if any one of : a) both
TLSC) judicial officer as grievance, electricity after parties - Free of cost and parties agree to settle in LA or b)
chairman, a lawyer bills arrive at a any previous paid one party makes appln to court for
and a social -No non compoundable settlement fee is refunded LA and c) court is satisfied that
worker as cases under any law failing which -Directly interact case should be refereed to LA
members no award is with judge through
given and case counsel
transferred to
court of law
Permanent -Chairman who is -Public utility service Civil No appeal -First it shall try to - LSAA amendt 2002
Lok adalats a serving or retired disputes court see if parties settle -to remove defects of LA, after
district judge or -Pecuniary jurisdn. and pass award parties make appln to settle dispute
addn DJ or held Increased by Centre based on that in PLA, no party should invokle
judicial office from 10lac amount to -In case of no jurisdiction of any other court in the
higher in rank than 1 cr settlement, PLA case
DJ - No non award based on
-two other person compoundable cases merit of case
having adequate under any law
experience in
public utilities
Family -Estd by State _Family disputes such Civil -Only one -Informal during the -Family courts Act 1984
courts Govt in as divorce, property, court right of appeal conciliatory phase -Mandatory in towns with million+
consultation with maintenance, to HC with association of popln
HC guardianship etc. (both social welfare
civil and criminal agencies, counselors
nature) at this stage
-No entitlement to a
represented by a
legal practicioner
Gram -Court of Judicial -Estd for every Both Appeals lie to -Summary procedure -Gram nayayalas act 2008
Nyayalayas Magistrate of 1st Panchayat at civil and Sessions and in criminal court A mobile court that will have seat
class and its intermediate level or in criminal District courts -Not bound by at HQ of intermediate and they will
presiding officer a district courts whre they will evidences act, follow go to villages to dispose of cases
be appointed by -Try criminal cases, be disposed natural justice Central govt to bear non- recurring
the State civil suits, claims or off within 6 principles expenses upto 18lac (10L for
government in disputes specified in months - It shall try to bring construction, 5 L for vehicles and 3
consultation with first and second -Accussed conciliation through for office equipment)
HC schedule of Act may file for conciliators and
-To be estd by -Central and state govt plea bargain social agencies
State govt in can modify jurisdirction -Summary
consultaion with procedure for
HC execution of orders
Local self-government
1. What are the 3 key reasons that necessitate local self-government ©
2. In which list does the local self govt comes?
3. Define local self-government©
4. What are CDP, NES launched by Nehru govt.? Why did they fail?
5. Discuss the year of formation, key recommendations of following committee: ©<BAD HR LTG>
a. Balwantray Mehta Committee- first to give 3 tier model, ZP as planning and Pancayat
samiti as executive body
b. Ashok Mehta Committee (during mandal time) – 2 tier model, social audit, nyay
panchayats, elections within 6 months after supersession by state govt, Ec to see
elections, SC ST reservation, Min of pancyati raj, Constittuional recogn, ZP as
planning and executive body
c. GVK Rao Committee- regular elections, avoid bureacratisation, Dist. Devp Commisioner
to act as CEO of Zila Parishad
d. LM Singhvi Committee<election Tribunal is here, Nyay Panchyat (village cluster),
constitutional recogn, Gram Sabha>
e. Thungoon – Al contemporary feature eg reservation for women, Sc ST, SFC, 3 tier
model, Collector to be CEO of Zila Parishad, 5 year term, List of subjects in Constn
f. Gadgil Committee <Same as e+ SEC> Became basis of 73 CAA
6. What are Nyaya Panchayat? Which is the only state that has it? Which committee recommended
its formation?
7. Discuss the 4 phases of local government in India and reasons for the same?©
8. What are reasons for limited success of PRIs ©
9. Discuss how Ambedkar and Gandhi’s view shaped the local governance set up of India?
10. Which states and UTs do not have PRI (Link)<NaMeMi and hill areas of manipur> It is in All UT
except Delhi
1. What amendment act gave constitutional status to rural local self-government? What articles and
part of Indian constitution talks about rural local self-government?
2. What is village for the level of government? Can it include a group of villages? 243A As
designated by governor. Yes
3. Who notifies the intermediate level for local govt? (governor and not state leg)
4. What is minimum population of state for intermediate level as per constitution Art 243B -20Lakh
5. How many tiers of government was proposed by the act?
6. How are members and chairperson at each level proposed to be elected? ©
<Chairperson at Intermediate and district level elected by and form among the elected member (not
the nonimnated ones)>
1. Note: while rotation for sc/st and women reserved seats is optional since may is used in constn,
roation for chairperson seats reserved for sc/st and women is mandatory as mentioned in constn.
2. What non-elected members are part of panchayats? Which inclusions are left to state’s discretion?
3. Can MLA and MLC and MP be part of village panchayats, intermediate and district panchayats?
4. DO nominated members have voting power? yes
5. The provision of reservation of seats for SC is not applicable to which state?Which CAA added
it? 83rd CAA 2000
6. Which authority decides disqualification matters? (SEC-no, whoever state law determines)
7. Discuss the specification of the above non-elected members(243C)
8. Do all the members (elected/non-elected) have right to vote in panchayat meetings? (243C) - Yes
9. What is the provisions for reservation of women, SC/STs, OBCs among members and chairperson
10. What is the maximum time period for re-election to panchayats on dissolution? Does the newly
elected panchayat continue for 5 years? In what case re-elections are not done
11. What is the only difference in qualification between MLA and member of panchayat? Can state
put some extra conditions too? eg guj put 2 child policy
12. How many state subjects can be delegated to panchayats for executions? Which schedule
delineate this? Is it mandatory for state to devolve implementation of all subjects
13. What are functions and appointment etc. related laws for SFC and SEC? < Refer table below>
14. Where and when was first rural local govt. set up in India? P-38.1
Schedule areas(link)
1. Which areas in India are exempted from PRI (i/c municipality) Act?JaCaT NaMeMi
2. How can an extension be made to these areas? What about UTs?
3. What are the key provisions of the PESA Act 1996 ©
4. What is President’s and governors powers in relation to 5th Schedule ©
5. What is the composition of Tribal Adivsory Council? ©What % seats are reserved for ST MLAs
6. Is TAC constitutional/statutory/non-statutory body?
7. Governor can issues regulation on which areas in consultation with TAC? ® is consultation with
TAC necessary?
8. Which two commissions were appointed to study sch 5 progress?
9. Which two states have TAC even without Scheduled areas? (TN, Wb)
10. Which 4 states have schedule 6 areas? (AMeMiT)
11. How are tribal here are different from Schedule 5 areas? P-41.4
12. How are local government running in schedule 6 areas? Why are they more powerful?
13. What are governor’s powers with respect to 6th schedule area? © (link)
14. Who actually exercise governor’s powers wrt to Schedule 6 areas? (Link)
15. Which two states have setup TAC despite no schedule areas?
16. Schedule 5 area provisions do not apply to which states? (MAMTa)- Same as Schedule 6 areas
17. Constitution provides for autonomous state for tribal people of which state? What are special
provisions? What is process of creating such state?
<In Assam, it can be created if both house of parl. approve it with special majority, such
autonomous state will have powers related to law making, executive powers definition, allocation of
tax proceeds from the region>
18.How is SC/ST declared (By president in consultation with state, for UT no such consultation is
required) Art 341/2
1. What amendment act gave constitutional status to urban local self-government? What articles and
part of Indian constitution talks about urban local self-government
2. Where and when was first Municipal Corporation set up in India?
3. Which Viceroy is known as magna crata of local self-government of India?
4. Which schedule contains the subjects that can be devolved to local government? How many
subjects does it contain?
5. Define an urban area
6. What are the 3 types of urban local bodies mentioned in the constitution? Define them? ©
7. Who has the authority to designate a particular area for urban local bodies and on what basis??
(governor)243-Q(2)
8. What is the organizational structure of the urban local body? Who is the administrative and
executive head ©
9. How are members elected to urban local body? How is chairperson elected?
10. What other non-elected members can be part of ULB? (Experts (no voting rights), MLA, MLC,
MP,Ward committee chair as per state legislature law) (243R)
11. What are ward committees? Min. population condition as per constitution? What is the provision
for state govt. to decide by law? Who’ll be the chairperson? (243S)
12. Can a state leg make committtees other than ward commitees?
13. Can a ward comprise only 1 ward? (yes)
14. The state can make provision for the selection of chairperson of which of these- Ward
committees, District planning comm, Metropolitan Planning comm. (not the ward comm)
15. Are DPC and MPC mandatory or optional? (mandatory)
16. A municipality must be given opportunity of being heard before dissolution. (T/F) Is this
available for PRI?
17. Note: the constn provides for a municipal body to make its case before dissolution but not to
pancyats(true)
18. Reservation criteria? (Member reservation same as in PRI but Chairmen reservation as per state
law ie SC ST women reservation limits for chairperson not given unlike in panchayats) (243T)
19. Does the criteria of SC ST reservation ending as prescribed in Article 334 applicable to women
reservation as well? No
20. Define cantonment board, industrial council, port trust? Are all there members elected/
appointed?
21. Which ministry does cantonment board fall under?
22. Who designates a particular area industrial town?
23. What are the conditions on durations and bye-election? (Same as Panchayat) (243U)
24. Qualification? >21 years, MLA qualification, not disqualified as per state govt. law. (243V)
25. Who decides disqualification of a candidate? (authority estd by state legislature)
26. Functions of District planning committee and metropolitan planning committee? How are they
formed (by election/selection etc.)
27. Discuss provisions of DRDA? Is it a constitutional body? Under which ministry?
28. Functions and composition of central council of local government? When was it setup? Is it a
constitutional body?
29. How is metropolitan area defined?– Art 243P(>1Mn population in contiguous districts/
panchayats/ municipalities as specified by governor)
Urban body Jurisidiction Nature Composition Nominate Head Controlling Other remarks
d / Elected authority
members
or both
Municipal Admin of big Statutory estd by -Council -Both in -Mayor is head of State legislature
corpn cities like state act in states comprising elected council council slected for 1 in states and
Delhi, and Parliament in and nominated year renewable term to Parliament in
Hyderbad etc UT(same act for members preside over council UT
multiple corp -Standing meetings
possible) committees to -Municipal
deal with specific commissioner is
fields like tax, typically IAS and
public works appointed by state govt
-Commissioner to and is main executive
implement the authority
council’s decisions
Municipality For towns and Statutory estd by -Council -Only - President or chairman State legislature Also known as city
smaller cities state act in states comprising elected elected heads council and also in states and municiaplity,
and Parliament in members members enjoys executive powers Parliament in municipal council,
UT(same act for -Standing in council unlike Mayor UT municipal comm,
multiple corp committees to -CEO by state govt mun. board,
possible) deal with specific borough mun
fields like tax,
public works
-Chief executive
officer for general
admin of
municipality
Notified area For a) fast Non statutory as Usually same All members It can be entrusted
committee developing town estd by gazette framework as including with powers under any
due to industrial notification but municiaplities or as chairman other ACt
b) towns which functions within mentioned in are
don’t fulfill framework of state notification nominated
conditions for a municipal act with by state govt
munciplaity but only provisions
still imp for state notified in gazette as
govt applicable
Town area For admin of Statutory by Governed by the act Governed by Semi-muncipal
committe small town separate act of state act. Can be authority with civic
elected, func like drainage,
nominated roads, lighting
or both
Township Provides the Non statutory Extension of No elected PSU appoints an PSU enterprise
civic amenities bureaucratic structure members administrator assisted by
to the workers of PSU enterprise engg and tech and non tech
and staff in the staff
housing
colonies built
near the plant
Cantonment Municipal admin Statutory with The term of office of Both President of India appoints Ministry of defence Classified into 4 types:
board of a civic popln cantonmnet board an elected member of +ex-offcio chief executive officer who 1 (>50k)
in a catonment act 2006 a board is five years. members belon gs to the central cadre 2( 10k-50k)
area A cantonment board Total 16 Military officer commanding 3(2.5k-10k)
consists of eight the station is ex officio 4(<2.5k)
elected members, president Functions divided into
three nominated obligatory and
military members by discretionary by the
commander, three ACt
ex-officio members
(station commander,
garrison engineer and
senior executive
medical officer), and
one representative of
the district magistrate
and a CEO of the
board (implements all
decision of board)
Port trust Estd in port Statutory as by Both Chairman is an offical Parliament FUnction to manage
areas like parliament act and protect ports and
Mumbai, provide civic amenities
Kolakata,
Chennai
SPV Function based Statutory or by All official Autonomous - known as ‘special
not area based executive resoln as members bodies purpose’ or ‘single
dept. hence both appointed by independent of purpose’ agencies or
state urban local bodies. ‘functional local
Not subordinate bodies’
to Municipality
etc
Note-
Bye election difference with LS- Not required if remaining term is 6 months (ULB/Panchayat), 1 yr(LS)
Wrt to reservation; no specification has been done related to chairmen in ULB unlike rural panchayats?
Electoral System
● Appointed by president
● # of members also as fixed by president subject to law of parliament
● Recommendation of CEC- not binding on president (EC, REC)
● Term for 6 yrs/65 yrs(not as per constitution)
● As determined by president subject to provisions of law of parliament)
● Removal as SC judge (Chairman), President on recommendation of CEC (EC, REC)
● Re-appointment- Can be re-appointed (not as per constitution)
● Status/Salary- SC judge (though not charged expense)(not as per constitution)
● and salary not varied to their disadvantage (Chairman)
● Qualifications- (not as per constitution)
● Oath- (not as per constitution) President?
● Resignation – President (not as per constitution)
Election Commission of
State (Art 243K) ● Appointed by governor (Need to ascertain what all decided by governor/law)
● Term as decided by governor
● Removal as HC judge (Security of term)
● Rest – As decided by state legislature
UPSC/JPSC/SPSC (Art 315) Chairman/Members-
National Commission for Chairperson, VP and 3 other members- Set up as commission by 65th AA 1990
SC
(Art 338) ● Appointed by president (under his warrant and seal)
(what by ● Term as decided by president
president/parliament) ● Removal by president
● Re-appointment- Not specified by constitution
● Status/Salary-As determined by president
● Qualifications-Not specified by constitution
● Oath- Not specified by constitution
● Resignation- Not specified by constitution
National Commission for ST Chairperson, VP and 3 other members- Bifurcated from NCSC by 89th AA 2003
(Art 338A)
(what by ● Appointed by president (under his warrant and seal)
president/parliament) ● Term as decided by president
● Removal by president
● Re-appointment- Not specified by constitution
● Status/Salary-As determined by president
● Qualifications-Not specified by constitution
● Oath- Not specified by constitution
● Resignation- Not specified by constitution
Backward Classes
commission Appointed by president consisting of members as he deems fit
(Art 340)
Special Officer for Appointed by president, rest details not specified by constitution
Minorities
(Art 350B)
Bodies Powers/functions
SEC Superintendence, direction and control of preparation of electoral rolls for, and conduct of, all elections to
panchayats and municipalities
UPSC/SPSC/JPSC Conduct examination to services of union and state
Matters related to appointment, transfer, promotions, and claims (pensions) disciplinary matters of Gr A and B
posts only.
Unless the president (AIS, other union services)/governor (state) says that such consultation is not required.
Annual report to president (UPSC), governor (SPSC, JPSC) who places it in front parliament/ resp. LA
FC of India Distribution of net proceeds, grant-in-aid’s to state governments (i/c distribution among states)
Measures to directly augment CFS to supplement panchayat and municipality finances.
Recommendation are not mandatory to follow for GoI
Report to president who place it in front of parliament
FC of State Distribution of net proceeds, grant-in-aid’s to local govts.
Also what taxes can be delegated to panchayats.
Recommendation on improving financial condition of panchayats
Report to governor who place in front of legislature
AGI Advice to GoI on legal matters. Represent GoI in SC/HC, any other references made by president/law
AGS Advice to state govt. on legal matters. Perform duties assigned to him by governor/law
National Power of civil court in case of an investigation.
Commission for Functions- investigate and make recommendation for implementation of safeguards and planning
SC Inquire into specific complaints
Additionally responsible for OBC and Anglo-Indian rights
Annual report to president who places it before parliament or forward it to governor (if related to state)
National Power of civil court (attendance, evidence on affidavit, requesting public records, issuing witness examination
Commission for order) in case of an investigation.
ST Functions- investigate and make recommendation for better implementation of safeguards and planning.
Additionally, look into PESA, minor forest produce, water resources, steps to remove shifting cultivation
Annual report to president who places it before parliament or forward it to governor (if related to state)
Backward Classes investigate the conditions of socially and educationally backward classes within the territory of India
commission Make recommendation (i/c grants) for union & state to president who shall place it in front of parliament
Special Officer for Falls under jurisdiction of Ministry of minority affairs,
linguistic He investigates all matters and monitor implementation of safeguards provided to linguistic minorities.
minorities He submits its report to president of India
• Statutory, regulatory and various quasi-judicial bodies
Statutory
Detail act/order of establishment, composition, appointment and key functions of the following body? ©
Body/ Appointment/Composition et al.
Establishment
Lokpal Composition: Chairperson + 8 members 50% Judicial, 50% SC/ST/OBC, Women, minorities
Appointment- By president on reco of (PM, LOO LS, Speaker, CJI, eminent judge)
● Term- 5 years/70 years
● Removal by president on grounds of misbehaviors as certified by SC
● Re- appointment- Can’t be re-appointed to any office under Union (i/c UT administrator), Foreign
diplomat, Any constitutional/statutory post appointed by President (i/c Lokpal Chair/member)
● Status/Salary-of all employees is a Charged expense (Chairman ~CJI, members- ~SC judge),
● Qualifications- Mentioned above
National Human Composition: Chairman (Rtd. CJI/SC judge) + 5 members (M1- serving/ rtd. CJ of HC, M2- serving/ rtd. SC
Right Commission judge, M3/4/5- Human rights experts- 1 has to be women)
(Protection of Ex-officio members- Chairman of National commission of (Minorities, SC, ST, Women, NCPCR, NCBC,
Human Rights Act CCPwD)
1993) ● Appointment- By President on reco of 6 member committee (PM, LS Speaker, Dy. Chairman RS,
LOO in LS+RS, Union home minister (CJI to be consulted for appointing serving CJ-HC/SC judge)
● Term- 3 years/70 years
● Removal by president:
● Insolvent, paid employment, unsound mind, convicted, misbehavior/in capacitance (as per
SC)
● Re- appointment- Check (recent amendment removes 5 year limit for re-appomtment)
● Status/Salary-Determined by union govt. but can’t be varied to their disadvantage
● Qualifications- Mentioned above
State Human Right Composition: Chairman (Rtd. CJ of HC/HC judge) + 2 members (M1-serving/rtd. judge HC or DJ >7 yrs
Commission exp., M2- knowledge experts
(Protection of ● Appointment- By governor on reco of 4/6 membered committee (CM, LA Speaker, LC Chair (if
Human Rights Act appl), LOO in LA and LC (if appl), State home minister (CJ HC to be consulted if sitting HC/DJ))
1993) ● Term- 3 years/70 years
● Removal by president:
● Insolvent, paid employment, unsound mind, convicted, misbehavior/in capacitance(as per
SC)
● Re- appointment- Can’t be re-appointed to center/state posts
● Status/Salary- Determined by state govt. but can’t be varied to their disadvantage
● Qualifications- Mentioned above
CIC (SIC)- Composition: CICr (SIC) and<10 ICr (# for state ICs varies across)
RTI Act 2005 ● Appointment- President (Governor) on recommendation of 3 member committee (PM (CM) , LOO in
LS (LA), Cabinet minister nominated by PM (CM)
● Tenure- 5 years and <65 years As decided by union govt.
● Removal- President (Governor)
● Insolvent, paid employment, unsound mind, convicted, misbehavior/in capacitance (as per
SC)
● Re-appointment – Members can’t be reappointed-
● ICr are eligible for CICr/State CICr (for State IC) max for 5 years (i/c their term as IC)
● Salary/allowances- Chief IC (CEC), ICr at CIC (EC), State CICr (EC), State ICr (State chief Secy)
(Union gov)
● can’t be varied to his disadvantage
● Qualifications- Should not be MP/MLA, not hold office of profit, self-profession, and allegiance with
political party. Additionally they should be well versed with governance.
CVC- Composition: Chief Vigilance Commissioner, not more than 2 Vigilance commissioner
CVC Act 2003(not ● Appointment- President on recommendation of 3 member committee (PM, Union minister of Home
established by it Affairs, LOO in LS)
though) ● Tenure- 4 years and <65 years
(Executive body ● Removal- President
based on Santhanam ● Insolvent, paid employment, unsound mind, convicted, misbehavior/in capacitance (as per SC)
Committee 1964 ● Re- appointment- not eligible for re-appointment under state/central govt.
recommendation) ● Salary/allowances- Chief VCr (UPSC chairman), VCr (UPSC member)- can’t be varied to his
disadvantage
● Qualifications-
CBI- Composition: Headed by director, supported by a special/additional director and multiple Jt. Directors
Sanathanan ● Appointment-Director- Appointed by central govt. on recommendation of 3 membered committee
Committee (PM (chairperson), LOO LS (in case no LOO, then leader of single largest party), CJI (his nominee
1962-64– by MHA SC judge)
(now under MoPT) ● Tenure- Director 2 years tenure protection, rank of IPS and equivalent to DGP
Powers from Delhi Spl. Police Est. Act 1946-Not a statutory body though