Constitutionofindia

GE1002 Indian Constitution and its Society

UNIT – I
Committees under the Constituent Assembly
 Committee on the Rules of procedure - Rajendra Prasad
 Steering Committee Rajendra Prasad
 Finance and Staff Committee Anugrah Narayan Sinha
 Credential Committee Alladi Krishnaswamy Iyer
 House Committee B. Pattabhi Sitaramayya
 Order of Business Committee K.M. Munshi
 Ad hoc Committee on the National Flag Rajendra Prasad
 Committee on the Functions of the Constituent Assembly G.V. Mavalankar
 States Committee Jawaharlal Nehru
 Advisory Committee on Fundamental Rights, Minorities
 Tribal and Excluded Areas Vallabhai Patel
 Minorities Sub-Committee H.C. Mookherjee
 Fundamental Rights Sub-Committee J.B. Kripalani
 North-East Frontier Tribal Areas and Assam. Excluded & Partially Excluded
Areas Sub-Committee Gopinath Bardoloi
 Excluded and Partially Excluded Areas (Other than those in Assam) Sub-
Committee A.V. Thakkar
 Union Powers Committee Jawaharlal Nehru
 Union Constitution Committee Jawaharlal Nehru
 Drafting Committee B.R. Ambedkar

Preamble
The preamble states that "We, the People Of India, have solemnly resolved to
constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to
ensure to all its citizens: Justice-social, economic and political; Liberty of thought,
expression, belief, faith and worship; Equality of status and of opportunity; and to
promote among them all Fraternity assuring the dignity of the individual and the unity
and integrity of the Nation.

Indian constitution came to effect on 26 November 1949 that was day India
became republic. Republic means the law of the country is made by the people, for
the people, and to the people. But we celebrate republic day on January 30. All laws
that are created should be within the Indian constitution. Any law civil, criminal,
labour, family, etc should be within Indian constitution, if it is against the constitution
it becomes null and void. Legality of law will be decided by the Supreme Court.

Indian constitution has grouped in three forms for easy reading; they are Articles,
Parts, and Schedule. There are 395 Articles under 22 Parts and 12 Schedules.
Example the functioning of States is listed as Part VI from Article 152 to 237.

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Copyright: Einstein college of Engineering
Department of Civil Engineering


Citizenship
5. Citizenship at the commencement of the Constitution
6. Rights of citizenship of certain migrants to Pakistan
7. Rights of citizenship of certain persons of Indian origin residing outside India.
8. Rights of citizenship of persons of Indian origin residing outside India
9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens
10. Continuance of the rights of citizenship
11. Parliament to regulate the right of citizenship by law

FUNDAMENTAL RIGHTS
General
12. Definition
13. Laws inconsistent with or in derogation of the fundamental rights
Rights of Equality
14. Equality before law – President of India to Ordinary person all equal before law in the
legal matters. Any offence committed by a child less than 7 years age cannot be charged
or punished. Age 7 to 17 will treated as juvenile.
15. Prohibition of discrimination on grounds of religion, race, caste, ex or place of birth.
– No person shall be discriminated on the above grounds in employment, education,
public office, etc.
16. Equality of opportunity in matters of public employment – No person shall be
discriminated from the employment opportunity. A special provision can be given for
women, minorities, and weaker section in employment, education in public office only.
17. Abolition of Untouchablity
18. Abolition of titles
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc – Freedom speech within
dignity and respect to the others. No person is allowed by affecting the sentiments and
values of others, which may be based on belief, faith, etc.
20. Protection in respect of conviction for offences. – A person shall be convicted only on
violation of law. He cannot be punished more than the prescribed penalty as mentioned
in law. He cannot be punished for same offence twice. He cannot be a witness in his
own case.
21. Protection of life and personal liberty. Any person is free to move and settle any
where in India and take any profession or follow any religion. A person has no liberty to
take his own life (die) because of long illness, pain, etc. Mercy killing is allowed in
certain countries because of incurable illness, pain, etc.
22. Protection against arrest and detention in certain cases. – No person shall be arrested
without informing the reason and ground of arrest. He shall be defended by a legal
practitioner of his choice. A person arrested should be produced before the neared
judicial magistrate within 24 hours, except in the case of preventive detention and enemy
alien.

Right against Exploitation
23. Prohibition of traffic in human beings and forced labour. – Traffic of human and
forced labour is punishable by law.
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24. Prohibition of employment of children in factories, etc. – A person below 14yrs of
age cannot be employed in factories, companies, etc.

Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion. – A
person is free to practice and follow any religion. He is also free not to follow any
religion or faith.
26. Freedom to manager religious affairs
27. Freedom as to payment of taxes for promotion of any particular religion. A person
has right to pay to promote a religion of his choice.
28. Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.
29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions

Saving of Certain Laws
31-A. Saving of laws providing for acquisition of estates, etc.
31-B. Validation of certain Acts and Regulations
31-C. Saving of laws giving effect to certain directive principles
31-D. Saving of laws in respect of anti-national activities [omitted]

Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by this Part
1. Habeas Corpus – Show the body in case of arrest.
2. Mandamus – Command or Order to lower court or government.
3. Certiorari – Order against lower court after the trial proceedings.
4. Prohibition – Order against lower court during or before the trial proceedings.
5. Quo warranto – Legality of person holding public office.
32-A. Constitutional validity of State Laws not to be considered in proceedings under Article
33. Power of Parliament to modify the rights conferred by this Part in application etc.
34. Restriction on rights conferred by this Part while martial law is in force in any area
35. Legislation to give effect to the provisions of this Part

DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition
37. Application of the principles contained in this Part
38. State to secure a social order for the promotion of welfare of the people
39. Certain principles of policy to be followed by the State
39-A. Equal justice and free legal aid
40. Organization of village panchayats
41. Right to work, to education and to public assistance in certain cases
42. Provision for just and humane conditions of work and maternity relief
43. Living wage, etc. for workers
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43-A. Participation of workers in management of industries
44. Uniform civil code for the citizens
45. Provision for fee and compulsory education for children
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
47. Duty of the Sate to raise the level of nutrition and the standard of living and to
improve public health
48. Organization of agriculture and animal husbandry
48-A. Protection and improvement of environment and safeguarding of forests and wild life
49. Protection of monuments and places and objects of national importance
50. Separation of judiciary from executive
51. Promotion of international peace and security

FUNDAMENTAL DUTIES
51-A. Fundamental duties

 To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem
 To cherish and follow the noble ideas which inspired our national struggle for
freedom.
 To uphold and protect the sovereignty, unity and integrity of India.
 To defend the country and render national service when called upon to do so.
 To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women.
 To value and preserve the rich heritage of our composite culture.
 To protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures.
 To develop the scientific temper, humanism and the spirit of enquiry and reform
 To safeguard public property and to abjure violence
 To strive towards excellence in all spheres of individual and collective activity, so
that the nation constantly rises to higher levels of endeavor and achievement.

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Unit – II
The President and Vice-President
52. The President of India
53. Executive power of the Union
1. Administrative Power
2. Legislative Power
3. Judicial Power
4. Diplomatic Power
5. Treaty Making Power
6. Emergency Power
7. Military Power
54. Election of President – When the seat is vacant EC call for election.
55. Manner of election of President – Voted by MLAs and MPs of both houses
56. Term of office of President - 5yrs
57. Eligibility for re-election – May be re-elected any number of times.
58. Qualifications for election as President – Indian, 35yrs, Sound mind, No criminal
conviction, should not hold office of profit.
59. Conditions of President’s office – Other office MP or MLA is vacated automatically.
60. Oath or affirmation by the President – Chief justice of Supreme Court of India.
61. Procedure for impeachment of the President – Resolution passed either of house of
parliament and voted by both the houses with 2/3 rd vote.
62. Time of holding election to fill vacancy in the office of President and the term of
office of person elected to fill casual vacancy – within 180 days if death, resigned, or
impeached, or election should be completed before next term begins.
63. The Vice-President – There shall be vice president.
64. The Vice-President to be ex-officio Chairman of the Council of States
65. The Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
66. Election of Vice-President - Indian, 35yrs, Sound mind, No criminal conviction,
should not hold office of profit. He is elected by the both the house of Parliament.
67. Term of office of Vice-President – 5 yrs. Election to be held as early as possible when
there is vacancy. He may be removed from the office with resolution passed with simple
majority in RS, and subsequently given assent in the LS. The VP should be given 14
days notice before a resolution is brought in the RS.
68. Time of holding election to fill vacancy in the office of Vice-President and the term
of office of person elected to fill casual vacancy.
69. Oath or affirmation by the Vice-President - Chief justice of Supreme Court of India.
70. Discharge of President’s functions in other contingencies
71. Matters relating to or connected with, the election of a President or Vice-President
72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases, such as death sentence or any offence against union law and also by
Court Martial (Military Court).
73. Extent of executive power of the Union

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Council of Ministers
74. Council of Ministers to aid and advice President
Prime Minister is elected by the majority members of the Lok Sabha. He is the
head of the Council of Ministers. Union ministers are classified into three types, Cabinet,
Independent, and State. The PM will convene cabinet meeting which will be attended
only by the cabinet ministers as when it is required and he has to inform the cabinet
proceedings to the President. PM has the power to change the Council of Ministers as he
wish and such changes should be informed to the President. Ministers will serve the
office to the pleasure of PM. PM can dissolve the Parliament on the advice of the cabinet
before its actual term expires, which is informed to the President. In such case President
will ask the PM and its cabinet to hold the office until the next government is formed.
PM has no power to dissolve the government when it has no majority in the Parliament.
In such case only the President has the power to dissolve the Parliament when no party is
able to muster the majority.
Prime Minister or Cabinet Minister may be appointed even if they are not the
member of any houses, but they have to become member of a house within 180 days
from the date of office. Only PM and Cabinet Minister can sit in both houses during
proceedings.
75. Other provisions as to Ministers – Salary, benefits, etc.

The Attorney-General for India
76. Attorney-General for India – He is appointed by the President through Prime Minster.
He advices the Union government when a bill is proposed for an amendment or a new
law to be enacted. This is to ensure the legality and validity of the bill. All bills will be
within the Indian constitution.

Conduct of Government Business
77. Conduct of business of the Government of India
78. Duties of Prime Minister as respect the furnishing of information to the President, etc.
Refer Art 74.

General
79. Constitution of Parliament – Indian Parliament is bicameral system. It has Lok Sabha
(House of People) and Raja Sabha (Council of states). Parliament has power to make law
under Union List (List I) and concurrent List (List III) and even in State List (List II)
during emergency. List II is State list and only States has power to make law.
80. Composition of the Council of States – 238 Members selected by legislature of
various states and 12 members are appointed by President. Therefore there are total of
250 members. Election will be held every 2years therefore 1/3 rd of the members will be
changing in every 2 years.
81. Composition of House of the People – 543 Members selected directly by people of
various states and 2 members are appointed by President. Therefore there are total of 545
members.
82. Readjustment after each census – Constituency may be re-aligned due to variation in
population.

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83. Duration of Houses of Parliament – 5yrs Lok Sabha and 6yrs Raj Sabha. The
duration LS may be extended to maximum of one year only during emergency ex: war.
84. Qualification for membership of Parliament – 25yrs LS and 30yrs RS. Indian, Sound
mind, No criminal conviction, should not hold office of profit.
85. Sessions of Parliament, prorogation and dissolution – The interval between two
sessions should not be more than 6 months. The speaker will convene the date of session.
PM can dissolve the Parliament (Lok Sabha only) on the advice of Cabinet Minister and
inform to the President. PM can dissolve the Parliament only when his government has
the majority. The president can dissolve the Parliament when the government loses its
majority or no party is able muster the majority to form the government.
86. Right of President to address and send messages to Houses – President will address
beginning of each year or when a new government is formed. He will spell out the plan
of the government for the current budget year and the future.
87. Special address by the President – During emergency or when the President feel an
issue is of national importance.
88. Rights of Ministers and Attorney-General as respects Houses

OFFICERS OF PARLIAMENT
89. The Chairman and Deputy Chairman of the Council of States – Vice President is the
Chairman of the council of state (Raja Sabha) they are not called as speaker. Deputy
chairman cannot be a member of council of state. His qualification should is same as
Chairman.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman
91. Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
92. The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
93. The Speaker and Deputy Speaker of the House of the People
They are selected by the simple majority of the LS. After election he will be
guided to the chair by PM, Leader of opposition party, and senior members of
Parliament.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker – They can be removed through a resolution in the Parliament with simple
majority.
95. Power of Deputy Speaker or other person to perform the duties of the office of, or to
act as, Speaker
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and
Deputy Speaker
98. Secretariat of Parliament

CONDUCT OF BUSINESS
99. Oath or affirmation by members – It is given by the President. An elected person
becomes only after he has taken the oath of office. No member is allowed to sit or
participate in the Parliament proceeding before taking oath of office. The President has
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delegated Oath office duty to the speaker for the members elected in the middle of the
term through by election.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualifications of Members
101. Vacation of seats – Death, resignation, term expired.
102. Disqualifications for membership – Criminal conviction, his election have been
declared illegal by court, violating oath of office, cross voting against the whip order. A
member will not be disqualified when 1/3 rd of his party member voted against the whip
order. When a member switches the party he may be disqualified, whereas when a member
is expelled from the party he cannot be disqualified. It is same for M.L.A.
103. Decision on questions as to disqualifications of members
104. Penalty for sitting and voting before making oath or affirmation under Article 99 or,
when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the members and
committees thereof. Members are not liable for legal action for conduct in the
Parliament. Members are not liable for any publication or report of proceeding in the
Parliament.
106. Salaries and allowances of members

Legislative Procedure
107. Provisions as to introduction and passing of Bills – A bill can be introduced either
house of the Parliament either by the Minister or individual member. A bill should be
passed by both the houses, except the Money Bill. RS has no constitutional power to hold
the Money Bill.
108. Joint sitting of both Houses in certain cases – When a bill is rejected by any one of
the house of the Parliament or it did not get the assent from any one house for more than
six month. Then the President may call for joint sitting to pass or reject the bill. In normal
of proceeding bills introduced by LS is passed by RS.
109. Special procedure in respect of Money Bills – Money bill can be introduced only in
the LS. When a Money bill passed by LS it is then sent to RS. RS cannot reject or pass
money bill it can merely call for amendment. The amendment may be considered or
rejected by LS and the bill is passed by LS only. The RS has to return the money bill
within 14 days to LS. If it is not returned within 14 days it is deemed to be passed.
110. Definition of “Money Bills” – A bill is said to be a Money Bills if it has any of the
following matters such as tax regulations, borrowing, payment of money from contingency
fund and consolidated fund. The speaker and the house of people LS, will decide whether
a bill is Money bill or non-money bill.
111. Assent to Bills – The President will give the final assent to the bill passed by the both
houses of the Parliament. The president may send the bill back to the Parliament for
reconsideration or modification. The Parliament may accept his recommendation or may
send the bill back without changing. When the bill returned to President again, then the
President has to assent the bill.

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Procedure in Financial Matters
112. Annual financial statement
113. Procedure in Parliament with respect to estimates
114. Appropriations Bills
115. Supplementary, additional or excess grants
116. Votes on account, votes of credit and exceptional grants
117. Special provisions as to financial Bills

Procedure Generally
118. Rules of procedure
119. Regulation by law of procedure in Parliament in relation business
120. Language to be used in Parliament – English or Hindi only, it will be translated to
regional languages. This is another form of disrespecting the other languages.
121. Restriction on discussion in Parliament - Cannot discuss on the conduct of the
Supreme court or High court judges.
122. Courts not to inquire into proceedings of Parliament – No court have power to
interfere into the affairs of the proceedings inside the Parliament.
123. Power of president to promulgate Ordinances during recess of Parliament – President
can pass the ordinance when the Parliament is not in the session on the advice of the
Cabinet. The ordinance ceases to exist within 6 weeks if the parliament did not pass the
ordinance.
124. Establishment and constitution of Supreme Court – There shall be a Supreme Court.
Supreme Court judges are appointed by the President on the advice of law commission and
recommendation of Supreme Court justice. He should have served at least 5 years as High
Court Judge. He should have served 10 years as an advocate in High Court or as District
Court Judge. He should be distinguished jurist.
125. Salaries, etc., of judges
126. Appointment of acting Chief Justice – Vacancy or absence President may appoint an
acting Chief Justice.
127. Appointment of ad hoc judge – is an appointment of temporary judge.
128. Attendance of retired Judges at sittings of the Supreme Court
129. Supreme Court to be a court of record
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court
1. Between government of India and any other states.
2. Between one state and other state or states. (Mullai periyar Dam, Kaveri)
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases
1. Any civil or criminal appeals.
2. PIL (Public Interest Litigation)
3. Constitutional validity of a law.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to
civil matters
134. Appellate jurisdiction of Supreme Court in regard to criminal matters
134-A. Certificate for appeal to the Supreme Court
135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by
the Supreme Court
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136. Special leave to appeal by the Supreme Court (SLP)
137. Review of judgments or orders by the Supreme Court
138. Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139-A. Transfer of certain cases
140. Ancillary powers of Supreme Court
141. Law declared by Supreme Court to be binding on all courts
142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
143. Power of President to consult Supreme Court
144. Civil and judicial authorities to act in aid of the Supreme Court
145. Rules of Court, etc.
146. Officers and servants and the expenses of the Supreme Court
147. Interpretation

COMPTROLLER AND AUDITOR-GENERAL OF INDIA
148. Comptroller and Auditor-General of India
149. Duties and powers of the Comptroller and Auditor-General
150. Form of accounts of the Union and of the States
151. Audit reports

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UNIT III
THE STATES
GENERAL
152. Definition
THE EXECUTIVE
The Governor
153. Governors of States – A state shall have a governor.
1. Administrative Power – Make ordinance when not in session
2. Legislative Power – Recommendation of dissolution of legislature.
3. Judicial Power – Pardon in State list only, Oath of office to judges of High
Court.
154. Executive power of State – It is vested to the Governors.
155. Appointment of Governor – He is appointed by the President of India
156. Term of office of Governor – 5 years and eligible for re-appointed for unlimited times
157. Qualifications for appointment as Governor – Age 35yrs, Indian citizen, sound mind.
158. Conditions of Governor’s office – Should not hold MLA or MP or office of profit.
159. Oath or affirmation by the Governor – Chief Justice of High Court or Senior most
judge in absence of Chief Justice.
160. Discharge of the functions of the Governor in certain contingencies
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
162. Extent of executive power of State – within the state extent of List II and III.

Council of Ministers
163. Council of Ministers to aid and advice Governor
Chief Minister is elected by the majority Members of Legislative Assembly. He
is the head of cabinet. He appoints the cabinet ministers. Chief Minister and Ministers are
given oath of office by the Governor.
164. Other provisions as to Ministers

The Advocate-General for the State
165. Advocate-General for the State

Conduct of Government Business
166. Conduct of business of the Government of a State
167. Duties of Chief Ministers as respects the furnishing of information to Governor, etc.

THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States
169. Abolition or creation of Legislative Councils in States
170. Composition of the Legislative Councils in States
171. Composition of Legislative Councils – Should not 1/3rd of State legislature. Their
function is similar to Raja Sabha in Parliament.
172. Duration of State Legislatures

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173 .Qualification for membership of the State Legislature – Citizen of India, age 25yrs,
no criminal conviction of more than 4 years, should not hold office of profit.
174. Sessions of the State Legislature, prorogation and dissolution – When the government
lost majority, under Art 356 from the approval president and both house of parliament. The
chief Minister can dissolve the government only when he has the majority.
175. Right of Governor to address and send messages to the House or Houses
176. Special address by the Governor
177. Rights of Ministers and advocate-General as respects the Houses

Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or
to act as, Speaker
181. The Speaker or the Deputy Speakers not to preside while a resolution for his removal
from office is under consideration
182. The Chairman and Deputy Chairman of the Legislative Council
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy
Chairman
184. Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
185. The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
Deputy Chairman
187. Secretariat of State Legislature

Conduct of Business
188. Oath or affirmation by members
189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualifications of Members
190. Vacation of seat
191. Disqualifications for membership
192. Decision on questions as to disqualifications of members
193. Penalty for sitting and voting before making oath or affirmation under Article 188 or
when not qualified or when disqualified

Powers, Privileges and Immunities of State Legislatures and their Members
194. Powers, Privileges, etc., of the Houses of Legislatures and of the members and
committee thereof
195. Salaries and allowances of members

Legislative Procedure
196. Provisions as to introduction and passing of Bills
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197. Restriction on powers of Legislative Council as to Bills other than Money Bills
198. Special procedure in respect of Money Bills
199. Definition of “Money Bills”
200. Assent to Bills
201. Bills reserved for consideration
Procedure in Financial Matters
202. Annual financial statement
203. Procedure in Legislature with respect to estimates
204. Appropriation Bills
205. Supplementary, additional or excess grants
206. Votes on account, votes of credit and exceptional grants
207. Special provisions as to financial Bills

Procedure Generally
208. Rules of procedure
209. Regulation by law of procedure in the Legislature of the State in relation to financial
business
210. Language to be used in the Legislature
211. Restriction on discussion in the Legislature
212. Courts not to inquire into proceedings of the Legislature

LEGISLATIVE POWER OF THE GOVERNOR
213. Power of Governor to promulgate Ordinance during recess of Legislature

THE HIGH COURTS IN THE STATES
Legal Jurisdiction:
Criminal Cases conducted at:
District court – Punishment for crime is more than 7 years.
Sub court or subordinate court – Punishment for crime is more than 3 and less than 7 years.
Judicial Magistrate - Punishment for crime is not more than 3 years.
Chief Metropolitan Court (City) – Punishment for crime is more than 7 years.
Metropolitan sub-court – Punishment for crime is more than 3 and less than 7 years.
Metropolitan Judicial Magistrate - Punishment for crime is not more than 3 years.

Civil Cases conducted at:
District court – Value more than 5 Lakhs.
Sub court or subordinate court – Value more than 1 to 5 Lakhs.
Judicial Magistrate – Value not more than 1 Lakh.
Chief Metropolitan Court (City) – Value more than 5 Lakhs.
Metropolitan sub-court – Value more than 1 to 5 Lakhs.
Metropolitan Judicial Magistrate - Value not more than 1 Lakh.

High Court – All appeals Criminal and civil will be conducted in the High Court, only
appeal can be filed in the high courts for or against order of the lower court. Public Interest

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Litigation which is popularly known PIL or writ can be filed directly under Art 226 for
constitutional remedies under Art 32.

Geographical Jurisdiction:
Every court has geographical jurisdiction and legal jurisdiction. Example district
court can take only cases within the district unless ordered by the High court or Supreme
Court in case of transfer of cases.
Similarly High court can take cases within the jurisdiction unless ordered by the
Supreme Court in case of transfer of cases. High court may have jurisdiction for more than
one state. Example High court of Gwahati has jurisdiction for Assam .Manipur,
Meghalaya, Nagaland, Triupura, Mizoram, and Arunachal Pradesh.

214. High Courts for States
215. High Courts to be counts of record
216. Constitution of High Courts
217. Appointment and conditions of the office of a Judge of a High Court
218. Application of certain provisions relating to Supreme Courts
219. Oath or affirmation by Judges of High Courts
220. Restriction on practice after being a permanent Judge
221. Salaries etc. of Judges
222. Transfer of a Judge from one High Court to another
223. Appointment of acting Chief Justice
224. Appointment of additional and acting judges
224-A. Appointment of retired Judges at sittings of High Courts
225. Jurisdiction of existing High Courts
226. Power of High Courts to issue certain writes
227. Power of superintendence over all courts by the High Court
228. Transfer of certain cases to High Court
229. Officers and servants and the expenses of High Courts
230. Extension of jurisdiction of High Courts to Union territories
231. Establishment of a common High Court for two or more States

SUBORDINATE COURTS
233. Appointment of district judges
233-A. Validation of appointments of, and judgments, etc., delivered by, certain district
judges
234. Recruitment of persons other than district judges to the judicial service
235. Control over subordinate courts
236. Interpretation
237. Application of the provisions of this Chapter to certain class or classes of magistrates

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UNIT – IV
RELATIONS BETWEEN THE UNION AND THE STATES
Legislative Relations
The differences arise between Union and States when enforcing or creating a law from
the list provided in the Constitution. The Parliament has power to make law from Union
List I and Concurrent List III, whereas States have power to make law from State List II
and Concurrent List III. During legislation some times there will be dispute or conflict for
the power to make law and how it is settled during such crisis. There are few doctrines to
be followed be legal bodies to solve such disagreements. They are,
1. Doctrine of repugnancy: It means inconsistency in law. When Union
and States make law from the concurrent list on similar list the conflict
arises. The question is which law prevails. The constitution clearly states
that only Union law will prevail on such case and the State law on same
list will become null and void. This is another example India is not a
federal state.
2. Colorable Legislation: The State absolutely has no power to make law
from the Union List. On other words the State cannot make law in Postal
Services, Banking regulations, Railways etc. If State makes law
knowingly or unknowingly such law is void. Similarly Union has no
power to make law from State list, except during emergency. Thus
infringing in the rights of the states. This emergency provision is not the
principle of federalism.
3. Doctrine of Pith and Substance: It means strength of matter of the law
made by State which may look it is from the Union List. Example, State
has no power make law in communication, broadcasting, and amplifiers.
Therefore the audio of music or etc can be played to any decibel and at
any time and the State will not have power to control it. In such cases the
State can protect the welfare of the people from the Public Health List
which is under the State List, because playing the audio loud and also at
unregulated time will affect the health of the people. Therefore State law
regulating the decibel and time of playing the audio is legally valid.
4. Residuary Powers: Any matter that may arise time to time those are not
list in any one of the lists, on such matter only Union has the power to
make like. Example Cyber law, it is not mentioned in any list but only
Union has the Power to control cyber crime. America and Canada
residuary powers are given to states which is true federalism.
The Union has power to take over the state list to Union list and vice versa. Example,
previously technical education was in State List; later Union took over the Technical
Education to Union List and School education and Non-Technical education to State List.
This is an example to show India is not a Federal State.

245. Extent of laws made by Parliament and by the Legislatures of States
246. Subject-matter of laws made by Parliament and by the Legislature of States
247. Power of Parliament to provide for the establishment of certain additional courts
248. Residuary powers of legislation

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249. Power of Parliament to legislate with respect to a matter in the State List in the
national interest.
250. Power Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation
251. Inconsistency between laws made by Parliament under Articles 249 and 250 and
laws made by the Legislatures of States
252. Power of Parliament to legislate for two or more States by consent and adoption of
such legislation by any other State
253. Legislation for giving effect to international agreements
254. Inconsistency between laws made by Parliament and laws made by the Legislatures
of a State
255. Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only

ADMINISTRATIVE RELATIONS
The Union should stand by states to fight against the natural disasters like rain,
earthquake, etc and also disturbance from internal source (Naxal) and external source
(terrorist). The support is provided through funding and financial support to bring the life
and lively hood of the people to normalcy and providing logistic and tactical support to
provide safety and security to the people from internal and external threat. The state should
also update frequently about the progress and security to the Union.
256. Obligation of States and the Union
257. Control of the Union over States in certain cases
258. Power of the Union to confer powers, etc., on States in certain cases
258-A. Power of the States to entrust functions to the Union
259. [Repealed.]
260. Jurisdiction of the Union in relation to territories outside India
261. Public acts, records and judicial proceedings

Disputes relating to waters
262. Adjudication of disputes relating to waters of inter-State rivers or river valleys.
The Union can set up a Tribunal similar to Cauvery Tribunal for resolving inter
state water dispute. The authority of the Tribunal cannot be questioned by the Supreme
Court. The decision of the Tribunal is final.

Co-Ordination between States
263. Provisions with respect to an inter-State Council
Inter State disputes can also be settled by the Supreme Court only with matter
relating extent of legal right. The Supreme Court has no power settle administration power
of the State only the President has such power.

AMENDMENT OF THE CONSTITUTION
368. Power of Parliament to amend the Constitution and procedure there for
Only Parliament has power to amend the constitution. An ordinary bill becomes a
law on simple majority vote followed by assent from the President. The constitution
amendment can be brought in either house of the Parliament, but it should have 2/3rd vote for
Page 16 of 20


such amendment. Then it must also be passed through resolution in State Legislature with not
less than 50% of the state voting for the amendment.

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UNIT - V
Welfare Commissions: Based on the fundamental rights mentioned in the Art 15,
16, and 17 (Briefly explain about these articles). The Union and the State were given special
provision for welfare and social development of women, children, minorities, SC/ST,
backward classes, and weaker section of the society. There fore Union and State have created
various commissions for their development and also to find the any violation of law against
them because of their social status. The governments provide financial and educational
supports through scholarship and reservation in education and employment. The role of these
commissions is to find out the scholarship and reservations were implemented by government.
The commissions work closely with NGOs, and other social welfare organization. The Art
244, 330 to 342 explain the constitutional provision for weaker sections in the society. Thus
the Union and State Governments have provided reservation in employment and education and
scholarship and free education for certain class of people. Example in state of Tamil Nadu
18% is reserved for SC/ST, 20% for Most backward class, 30% for Backward class of which
3% reserved for Muslim in all government organization from education to employment. The
Art. 334 of the constitution also clear states these special provisions should be stopped after
some years but it did not mention the time frame. The special reservation has been given to
SC/ST and Anglo Indian for representation in Parliament and Legislatures. No the Union
government has passed a bill for Women also for fair representation in Parliament and
Legislatures. The Women’s bill be law when president gives the assent.

The Scheduled and Tribal Areas
244. Administration of Scheduled Areas and Tribal Areas
244-A. Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both thereof

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People.
331. Representation of the Anglo-Indian community in the House if the People
332. Representation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the
States
334. Reservation of seats and special representation to cease after years
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts
336. Special provision for Anglo-Indian community in certain services
337. Special provision with respect to educational grants for the benefit of Anglo-Indian
community
338. National Commission for Scheduled Castes and Scheduled Tribes
339. Control of the Union over the administration of Scheduled Areas and the welfare of
Scheduled Tribes
340. Appointment of a Commission to investigate the conditions of backward classes
341. Scheduled Castes
342. Scheduled Tribes

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OFFICIAL LANGUAGE
LANGUAGE OF THE UNION
343. Official language of the Union
344. Commission and Committee of Parliament on official language

REGIONAL LANGUAGES
345. Official language or languages of a State. – A state can have its own official
language.
346. Official language for communication between one State and another or between a
State and the Union. States can communicate in the language prescribed in the
constitution only on mutual agreement, other there will administrative disorder. State can
communicate to Union in English or Hindi.
347. Special provision relating to language spoken by a section of the population of a State

LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc. Language in Supreme Court and High Court is English.
349. Special procedure for enactment of certain laws relating to language

SPECIAL DIRECTIVES
350. Language to be used in representations for redress of grievances
350-A. Facilities for instruction in mother-tongue at primary state
350-B. Special Officer for linguistic minorities
351. Directive for development of the Hindi language

NOTE: Refer text page from Pg: 447 onwards for quick reference.

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CONSTITUTION OF INDIA
Part I - The Union and its Territory
Part II - Citizenship
Part III - Fundamental Rights
Part IV - Directive Principles of State Policy
Part IV A - Fundamentals of Duties
Part V - The Union
Part VI - The States
Part VII - The States in Part B of the first Schedule
Part VIII - The Union Territories
Part IX - The Panchayats
Part IX –A - The Municipalities
Part X - The Scheduled and Tribal Areas
Part XI - Relations between the Union and the States
Part XII - Finance, Property, Contracts and Suits
Part XIII - Trade, Commerce and Intercourse within the Territory of India
Part XIV - Services under the Union and the States
Part XIV- A - Tribunals
Part XV - Elections
Part XVI - Special Provisions Relating to Certain Classes
Part XVII - Official Language
Part XVIII - Emergency Provisions
Part XIX - Miscellaneous
Part XX - Amendment of the Constitution
Part XXI - Temporary, Transitional and Special Provisions
Part XXII - Short Title, Commencement, Authoritative Text in Hindi and Repeals

Refer: Annexure from the text book, for structures of various government, court, and list
of Union, State, and Concurrent.

Page 20 of 20

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