part 2

Chapter 17 Emergency Provisions

1. Where are the Emergency provisions contained in the Constitution?

The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.

2. What is the purpose of these provisions?

These provisions enable the Central government to meet any extraordinary situation effectively. The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution.

3. What happens to the federal structure during an Emergency?

During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution.

4. What did Dr. B.R. Ambedkar observe about the Indian Constitution’s flexibility during emergencies?

In this context, Dr. B.R. Ambedkar observed in the Constituent Assembly that: ‘All federal systems including American are placed in a tight mould of federalism. No matter what the circumstances, it cannot change its form and shape. It can never be unitary. On the other hand, the Constitution of India can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it is framed to work as a federal system. But in times of Emergency, it is so designed as to make it work as though it was a unitary system.’

5. What are the three types of emergencies stipulated by the Constitution?

1. An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’.
2. An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’.
3. Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

6. What does Article 352 empower the President to do?

Under Article 352, the President can declare a National Emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

7. When can the President declare a National Emergency?

It may be noted that the President can declare a National Emergency even before the actual occurrence of war or external aggression or armed rebellion, if he/she is satisfied that there is an imminent danger.

8. What did the 38th Amendment Act of 1975 provide for regarding multiple proclamations of National Emergency?

The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him/her and such proclamation is in operation. This provision was added by the 38th Amendment Act of 1975.

9. What are the two types of National Emergency based on grounds?

When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.

10. What did the 42nd Amendment Act of 1976 enable the President to do regarding the operation of a National Emergency?

The 42nd Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specified part of India.

11. What was the original third ground for the proclamation of a National Emergency, and what was it replaced with?

Originally, the Constitution mentioned ‘internal disturbance’ as the third ground. The 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.

12. When can the President proclaim a National Emergency?

The President, however, can proclaim a National Emergency only after receiving a written recommendation from the cabinet.

13. What did the 44th Amendment Act of 1978 introduce regarding the cabinet’s recommendation?

The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the Prime Minister alone taking a decision in this regard.

14. What did the 38th Amendment Act of 1975 make the declaration of a National Emergency immune from?

The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review.

15. What did the 44th Amendment Act of 1978 do to this provision?

But, this provision was subsequently deleted by the 44th Amendment Act of 1978.

16. What did the Supreme Court hold in the Minerva Mills case (1980) regarding the proclamation of a national emergency?

Further, in the Minerva Mills case (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

17. How long does the proclamation of Emergency need to be approved by Parliament?

The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.

18. How did the 44th Amendment Act of 1978 change the period allowed for approval?

Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978 to one month.

19. If approved by both Houses, how long does the emergency continue?

If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

20. What did the 44th Amendment Act of 1978 add regarding periodical parliamentary approval?

This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.

21. How can a proclamation of emergency be revoked?

A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

22. What did the 44th Amendment Act of 1978 introduce regarding the Lok Sabha’s control over revocation?

The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the President if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.

23. What are the differences between a resolution of disapproval and a resolution approving continuation?

1. The first one is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
2. The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.

24. What are the three categories of consequences of a proclamation of Emergency?

1. Effect on the Centre–state relations.
2. Effect on the life of the Lok Sabha and State assembly.
3. Effect on the Fundamental Rights.

25. What happens to the executive power of the Centre during a National Emergency?

During a National Emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised.

26. What happens to the legislative power of a state legislature during a National Emergency?

Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.

27. What happens to the laws made by Parliament on state subjects during a National Emergency?

The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.

28. What can the President issue ordinances on during a national emergency if Parliament is not in session?

Notably, while a proclamation of national emergency is in operation, the President can issue ordinances on the state subjects also, if the Parliament is not in session.

29. What can the Parliament confer powers and impose duties upon the Centre or its officers during a National Emergency?

Further, the Parliament can confer powers and impose duties upon the Centre or its officers and authorities in respect of matters outside the Union List, in order to carry out the laws made by it under its extended jurisdiction.

30. What did the 42nd Amendment Act of 1976 provide for regarding the extension of executive and legislative consequences?

The 42nd Amendment Act of 1976 provided that the two consequences mentioned above (executive and legislative) extends not only to a state where the Emergency is in operation but also to any other state.

31. What happens to the constitutional distribution of revenues during a National Emergency?

While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states.

32. How long does such a modification continue?

Such modification continues till the end of the financial year in which the Emergency ceases to operate.

33. What happens to the life of the Lok Sabha while a proclamation of National Emergency is in operation?

While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time).

34. How long can this extension continue?

However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

35. What happened to the term of the Fifth Lok Sabha (1971–1977)?

For example, the term of the Fifth Lok Sabha (1971–1977) was extended two times by one year at a time.

36. What happens to the normal tenure of a state legislative assembly during a national emergency?

Similarly, the Parliament may extend the normal tenure of a state legislative assembly (five years) by one year each time (for any length of time) during a national emergency, subject to a maximum period of six months after the Emergency has ceased to operate.

37. What articles describe the effect of a National Emergency on the Fundamental Rights?

Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights.

38. What does Article 358 deal with?

Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19.

39. What does Article 359 deal with?

Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).

40. What happens to the six Fundamental Rights under Article 19 when a proclamation of national emergency is made?

According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended.

41. What did the 44th Amendment Act of 1978 restrict the scope of Article 358 in two ways?

1. The six Fundamental Rights under Article 19 stands suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion.
2. Only those laws which are related with the Emergency are protected from being challenged and not other laws.

42. What does Article 359 authorise the president to do regarding the enforcement of Fundamental Rights during a National Emergency?

Article 359 authorises the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.

43. What is suspended under Article 359?

Under Article 359, the Fundamental Rights as such are not suspended, but only their enforcement.

44. What did the 44th Amendment Act of 1978 restrict the scope of Article 359 in two ways?

1. The President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 and 21.
2. Only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.

45. What are the differences between Articles 358 and 359?

1. Article 358 is confined to Fundamental Rights under Article 19 only whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order.
2. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right.
3. Article 358 operates only in case of External Emergency (war or external aggression) and not in the case of Internal Emergency (armed rebellion). Article 359, on the other hand, operates in case of both External Emergency as well as Internal Emergency.
4. Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president.
5. Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it.
6. Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.
7. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.

46. How many times has National Emergency been proclaimed so far?

This type of Emergency has been proclaimed three times so far—in 1962, 1971 and 1975.

47. When was the first proclamation of National Emergency issued, and on what ground?

The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the NEFA (North-East Frontier Agency—now Arunachal Pradesh).

48. When was the second proclamation of national emergency made, and on what ground?

The second proclamation of national emergency was made in December 1971 in the wake of attack by Pakistan.

49. When was the third proclamation of National Emergency made, and on what ground?

Even when this Emergency was in operation, a third proclamation of National Emergency was made in June 1975 on the ground of ‘internal disturbance’.

50. When were the second and third proclamations revoked?

Both the second and third proclamations were revoked in March 1977.

51. What was the most controversial Emergency declared?

The Emergency declared in 1975 (internal emergency) proved to be the most controversial.

52. What commission did the government appoint to investigate the circumstances of the 1975 Emergency?

This government appointed the Shah Commission to investigate the circumstances that warranted the declaration of an Emergency in 1975.

53. What did the Shah Commission conclude?

The commission did not justify the declaration of the Emergency.

54. What did the 44th Amendment Act of 1978 introduce regarding safeguards against misuse of Emergency provisions?

Hence, the 44th Amendment Act of 1978 was enacted in 1978 to introduce a number of safeguards against the misuse of Emergency provisions.

55. What does Article 355 impose a duty on the Centre to do?

Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

56. What is the popular name for the Centre taking over a state government under Article 356?

This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.

57. What are the two grounds for proclaiming President’s Rule under Article 356?

1. Article 356 empowers the President to issue a proclamation, if he/she is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
2. Article 365 says that whenever a state fails to comply with (or to give effect to) any direction from the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

58. How long does a proclamation imposing President’s Rule need to be approved by Parliament?

A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.

59. How long does the President’s Rule continue if approved by both Houses?

If approved by both the Houses of Parliament, the President’s Rule continues for six months.

60. What is the maximum period for which President’s Rule can be extended?

It can be extended for a maximum period of three years with the approval of the Parliament, every six months.

61. What is the majority required for a resolution approving the proclamation of President’s Rule or its continuation?

Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that House present and voting.

62. What did the 44th Amendment Act of 1978 introduce to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year?

The 44th Amendment Act of 1978 introduced a new provision that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled:

1. A proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and
2. The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

63. How can a proclamation of President’s Rule be revoked?

A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

64. What are the extraordinary powers the President acquires when President’s Rule is imposed in a state?

1. He/she can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
2. He/she can declare that the powers of the state legislature are to be exercised by the Parliament.
3. He/she can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.

65. What happens to the state council of ministers and the chief minister when President’s Rule is imposed?

When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.

66. What happens to the state legislative assembly when President’s Rule is imposed?

The President either suspends or dissolves the state legislative assembly.

67. What is the status of a law made by the Parliament or the President or any other specified authority during President’s Rule?

A law made by the Parliament or the President or any other specified authority continues to be operative even after the President’s Rule.

68. What is the Supreme Court’s stance on the President assuming powers vested in the state high court?

It should be noted here that the President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it.

69. How many times has the President’s Rule been imposed since 1950?

Since 1950, the President’s Rule has been imposed on more than 125 occasions.

70. When was the President’s Rule imposed for the first time?

For the first time, the President’s Rule was imposed in Punjab in 1951.

71. What happened in 1977 regarding the imposition of President’s Rule?

When general elections were held to the Lok Sabha in 1977 after the internal emergency, the ruling Congress Party lost and the Janata Party came to power. The new government headed by Morarji Desai imposed President’s Rule in nine states (where the Congress Party was in power) on the ground that the assemblies in those states no longer represented the wishes of the electorate.

72. What happened in 1980 regarding the imposition of President’s Rule?

When the Congress Party returned to power in 1980, it did the same in nine states on the same ground.

73. What happened in 1992 regarding the imposition of President’s Rule?

In 1992, President’s Rule was imposed in three BJP-ruled states (Madhya Pradesh, Himachal Pradesh and Rajasthan) by the Congress Party on the ground that they were not implementing sincerely the ban imposed by the Centre on religious organisations.

74. What did the Supreme Court uphold in the Bommai case (1994)?

In a landmark judgement in the Bommai case (1994), the Supreme Court upheld the validity of this proclamation on the ground that secularism is a ‘basic feature’ of the Constitution.

75. What did the Supreme Court not uphold in the Bommai case (1994)?

But, the court did not uphold the validity of the imposition of the President’s Rule in Nagaland in 1988, Karnataka in 1989 and Meghalaya in 1991.

76. What did Dr. B.R. Ambedkar hope for the drastic power conferred by Article 356?

Dr. B.R. Ambedkar hoped that the drastic power conferred by Article 356 would remain a ‘dead-letter’ and would be used only as a measure of last resort.

77. What did H.V. Kamath comment about the status of Article 356?

In this context, H.V. Kamath, a member of the Constituent Assembly commented: ‘Dr. Ambedkar is dead and the Articles are very much alive’.

78. What did the 38th Amendment Act of 1975 make regarding the President’s satisfaction in invoking Article 356?

The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground.

79. What did the 44th Amendment Act of 1978 do to this provision?

But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

80. What are the propositions laid down by the Supreme Court in the Bommai case (1994) on imposition of President’s Rule?

1. The presidential proclamation imposing President’s Rule is subject to judicial review.
2. The satisfaction of the President must be based on relevant material.
3. Burden lies on the Centre to prove that relevant material exist to justify the imposition of the President’s Rule.
4. The court cannot go into the correctness of the material or its adequacy but it can see whether it is relevant to the action.
5. If the court holds the presidential proclamation to be unconstitutional and invalid, it has power to restore the dismissed state government and revive the state legislative assembly.
6. The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.
7. Secularism is one of the ‘basic features’ of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356.
8. The question of the state government losing the confidence of the legislative assembly should be decided on the floor of the House.
9. Where a new political party assumes power at the Centre, it will not have the authority to dismiss ministries formed by other parties in the states.
10. The power under Article 356 is an exceptional power and should be used only occasionally.

81. What situations are considered proper for the imposition of President’s Rule in a state according to the Sarkaria Commission report?

1. Where after general elections to the assembly, no party secures a majority, that is, ‘Hung Assembly’.
2. Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry.
3. Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry.
4. Where a constitutional direction of the Central government is disregarded by the state government.
5. Internal subversion where a government deliberately acts against the Constitution or foments a violent revolt.
6. Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.

82. What situations are considered improper for the imposition of President’s Rule in a state according to the Sarkaria Commission report?

1. Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry.
2. Where the governor makes his/her own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly.
3. Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha.
4. Internal disturbances not amounting to internal subversion or physical breakdown.
5. Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
6. Where the state government is not given prior warning to rectify itself except in case of extreme urgency.
7. Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant.

83. What does Article 360 empower the President to do?

Article 360 empowers the President to proclaim a Financial Emergency if he/she is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

84. What did the 38th Amendment Act of 1975 make the satisfaction of the President in declaring a Financial Emergency?

The 38th Amendment Act of 1975 made the satisfaction of the President in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground.

85. What did the 44th Amendment Act of 1978 do to this provision?

But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

86. How long does a proclamation declaring financial emergency need to be approved by Parliament?

A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.

87. How long does the Financial Emergency continue once approved?

Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.

88. What are the two implications of the Financial Emergency continuing indefinitely?

1. There is no maximum period prescribed for its operation.
2. Repeated parliamentary approval is not required for its continuation.

89. What is the majority required for a resolution approving the proclamation of financial emergency?

A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting.

90. How can a proclamation of Financial Emergency be revoked?

A proclamation of Financial Emergency may be revoked by the president at anytime by a subsequent proclamation. Such a proclamation does not require the parliamentary approval.

91. What are the consequences of the proclamation of a Financial Emergency?

1. The executive authority of the Centre extends to the giving of (a) directions to any state to observe the canons of financial propriety; and (b) such other directions to any state as the President may deem necessary.
2. Any such direction may include a provision requiring (a) the reduction of salaries and allowances of all or any class of persons serving in the state; and (b) the reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the state.
3. The President may issue directions for the reduction of salaries and allowances of (a) all or any class of persons serving the Union; and (b) the judges of the Supreme Court and the high court.

92. What happens to the Centre’s control over states during a financial emergency?

Thus, during the operation of a financial emergency, the Centre acquires full control over the states in financial matters.

93. What did H.N. Kunzru state about the financial emergency provisions?

H.N. Kunzru, a member of the Constituent Assembly, stated that the financial emergency provisions pose a serious threat to the financial autonomy of the states.

94. What did Dr. B.R. Ambedkar observe about the financial emergency provisions?

Explaining the reasons for their inclusion in the Constitution, Dr. B.R. Ambedkar observed in the Constituent Assembly that: “This Article more or less follows the pattern of what is called the National Recovery Act of the United States passed in 1933, which gave the president power to make similar provisions in order to remove the difficulties, both economical and financial, that had overtaken the American people, as a result of the Great Depression.”

95. Has a Financial Emergency been declared so far in India?

No Financial Emergency has been declared so far, though there was a financial crisis in 1991.

96. What are the criticisms of the Emergency Provisions?

1. ‘The federal character of the Constitution will be destroyed and the Union will become all powerful.
2. The powers of the State—both the Union and the units—will entirely be concentrated in the hands of the Union executive.
3. The President will become a dictator.
4. The financial autonomy of the state will be nullified.
5. Fundamental rights will become meaningless and, as a result, the democratic foundations of the Constitution will be destroyed.’

97. What did H.V. Kamath observe about the Emergency Provisions?

Thus, H.V. Kamath observed: ‘I fear that by this single chapter we are seeking to lay the foundation of a totalitarian state, a police state, a state completely opposed to all the ideals and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace, it will be the peace of the grave and the void of the desert. It will be a day of shame and sorrow when the President makes use of these powers having no parallel in any Constitution of the democratic countries of the world’.

98. What did K.T. Shah describe the Emergency Provisions as?

K.T. Shah described them as: ‘A chapter of reaction and retrogression. I find one cannot but notice two distinct currents of thought underlying and influencing throughout the provisions of this chapter: (a) to arm the Centre with special powers against the units and (b) to arm the government against the people’.

99. What did T.T. Krishnamachari fear about the Emergency Provisions?

T.T. Krishnamachari feared that ‘by means of these provisions the President and the Executive would be exercising a form of constitutional dictatorship’.

100. What did H.N. Kunzru opine about the emergency financial provisions?

H.N. Kunzru opined that ‘the emergency financial provisions pose a serious threat to the financial autonomy of the States.’

101. What did Sir Alladi Krishnaswami Ayyar label the emergency provisions as?

However, there were also protagonists of the emergency provisions in the Constituent Assembly. Thus, Sir Alladi Krishnaswami Ayyar labelled them as ‘the very life-breath of the Constitution’.

102. What did Mahabir Tyagi opine about the emergency provisions?

Mahabir Tyagi opined that they would work as a ‘safety-valve’ and thereby help in the maintenance of the Constitution.

103. What did Dr. B.R. Ambedkar accept about the emergency provisions?

While defending the emergency provisions in the Constituent Assembly, Dr. B.R. Ambedkar also accepted the possibility of their misuse. He observed, ‘I do not altogether deny that there is a possibility of the Articles being abused or employed for political purposes’.

104. What does Article 352 deal with?

Proclamation of Emergency.

105. What does Article 353 deal with?

Effect of Proclamation of Emergency.

106. What does Article 354 deal with?

Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation.

107. What does Article 355 deal with?

Duty of the Union to protect states against external aggression and internal disturbance.

108. What does Article 356 deal with?

Provisions in case of failure of constitutional machinery in states.

109. What does Article 357 deal with?

Exercise of legislative powers under proclamation issued under Article 356.

110. What does Article 358 deal with?

Suspension of provisions of Article 19 during Emergencies.

111. What does Article 359 deal with?

Suspension of the enforcement of the rights conferred by Part III during Emergencies.

112. What does Article 359A deal with?

Application of this part to the state of Punjab (Repealed).

113. What does Article 360 deal with?

Provisions as to Financial Emergency.

114. What does Article 352 define the term ‘Cabinet’ as?

Article 352 defines the term ‘Cabinet’ as the council consisting of the Prime Minister and other ministers of the Cabinet rank.

115. What case is Minerva Mills vs. Union of India?

Minerva Mills vs. Union of India (1980).

116. What was the term of the Fifth Lok Sabha extended to?

The term of the Fifth Lok Sabha which was to expire on 18 March, 1976 was extended by one year upto 18 March, 1977 by the House of the People (Extension of Duration) Act, 1976. It was extend for a further period of one year upto 18 March, 1978 by the House of the People (Extension of Duration) Amendment Act, 1976. However, the House was dissolved on 18 January, 1977, after having been in existence for a period of five years, ten months and six days.

117. What did the 42nd Amendment Act of 1976 do to the period of President’s Rule?

The 42nd Amendment Act of 1976 had raised the period of six months to one year.

118. What did the 44th Amendment Act of 1978 do to the period of President’s Rule?

Thus, once approved by both the Houses of Parliament, the proclamation of President’s Rule could continue for one year. But, the 44th Amendment Act of 1978 again reduced the period to six months.

119. What happened to the President’s Rule imposed in May, 1987 in Punjab?

The President’s Rule imposed in May, 1987 in Punjab was allowed to continue for five years under the 68th Amendment Act of 1991.

120. What happens in case of dissolution?

In case of dissolution, fresh elections are held for constituting a new legislative assembly in the state.

121. What nine states were under President’s Rule in 1977?

Those nine States include Rajasthan, Uttar Pradesh, Madhya Pradesh, Punjab, Bihar, Himachal Pradesh, Orissa, West Bengal and Haryana.

122. What nine states were under President’s Rule in 1980?

Those nine states include Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, Punjab, Orissa, Gujarat, Maharashtra and Tamil Nadu.

Chapter 18 President

Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

1. What does the Union executive consist of?

The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers, and the attorney general of India.

2. What is the President’s role in the Indian State?

The President is the head of the Indian State, the first citizen of India, and acts as the symbol of unity, integrity, and solidarity of the nation.

3. How is the President of India elected?

The President is elected indirectly by an electoral college.

4. Who are the members of the electoral college for the Presidential election?

The electoral college consists of:

1. The elected members of both Houses of Parliament.
2. The elected members of the legislative assemblies of the states.
3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

5. Who are excluded from the Presidential electoral college?

The nominated members of both Houses of Parliament, the nominated members of state legislative assemblies, the members (elected and nominated) of state legislative councils, and the nominated members of the Legislative Assembly of Puducherry do not participate in the election.

6. What is the status of nominated Anglo-Indian members after the 104th Constitutional Amendment Act of 2019?

The 104th Constitutional Amendment Act of 2019 discontinued the provision of special representation of the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies by nomination, effective January 25, 2020.

7. What happens if a state assembly is dissolved before a Presidential election?

If an assembly is dissolved, its members cease to be qualified to vote in the presidential election, even if fresh elections are not held before the election.

8. What principles does the Constitution ensure regarding representation in the Presidential election?

The Constitution ensures uniformity in the scale of representation of different states, and parity between the states as a whole and the Union.

9. How is the value of a vote of an MLA (Member of Legislative Assembly) determined for the Presidential election?

The value of a vote of an MLA is calculated by dividing the population of the state by the total number of elected members of the assembly, and then multiplying the quotient by 1/1000.

10. How is the value of a vote of an MP (Member of Parliament) determined for the Presidential election?

The value of a vote of an MP is obtained by dividing the total number of votes assigned to members of the legislative assemblies of the states by the total number of elected members of both Houses of Parliament.

11. How is the President’s election conducted to ensure an absolute majority?

The President’s election is held according to the system of proportional representation by means of the single transferable vote and secret ballot, ensuring the successful candidate is returned by an absolute majority of votes.

12. How is the quota of votes determined for a candidate to be declared elected as President?

The quota of votes is determined by dividing the total number of valid votes polled by the number of candidates to be elected (which is one for President) plus one, and then adding one to the quotient.

13. How do voters indicate their preferences in the Presidential election?

Each member of the electoral college receives only one ballot paper and indicates their preferences by marking 1, 2, 3, 4, etc. against the names of candidates.

14. What happens if a candidate does not secure the required quota in the first phase of Presidential vote counting?

If a candidate does not secure the required quota in the first phase, the ballots of the candidate with the least first preference votes are cancelled, and their second preference votes are transferred to other candidates. This process continues until a candidate secures the required quota.

15. Who inquires into and decides all doubts and disputes regarding the election of the President?

All doubts and disputes regarding the President’s election are inquired into and decided by the Supreme Court, whose decision is final.

16. Can the President’s election be challenged due to an incomplete electoral college?

No, the election of a person as President cannot be challenged on the ground that the electoral college was incomplete (i.e., existence of any vacancy among its members).

17. What is the validity of acts done by a person whose election as President is later declared void by the Supreme Court?

If the election of a person as President is declared void by the Supreme Court, acts done by him/her before the date of such declaration continue to remain in force and are not invalidated.

18. Why did the Constitution makers choose indirect election for the President instead of direct election?

The Constitution makers chose indirect election for the President due to the following reasons:

1. It is in harmony with the parliamentary system of government, where the President is a nominal executive.
2. Direct election would be costly and time-consuming due to the vast electorate, which is unwarranted for a symbolic head.

19. Why did the Constituent Assembly not prefer the election of the President by Parliament alone?

The makers of the Constitution did not prefer election by Parliament alone because a Parliament dominated by one political party would invariably choose a candidate from that party, and such a President could not represent the states of the Indian Union. The current system makes the President a representative of the Union and the states equally.

20. What was the Constituent Assembly’s view on the term ‘proportional representation’ in the context of the Presidential election?

The Constituent Assembly considered ‘proportional representation’ a misnomer for the presidential election, as it applies to filling two or more seats, whereas the President’s vacancy is only one. They suggested it could better be called a preferential or alternative vote system.

21. What was the Constituent Assembly’s objection to the term ‘single transferable vote’ for the Presidential election?

The expression ‘single transferable vote’ was objected to because every voter has plural votes, not a single vote.

22. Who was the first President of India and when was he elected?

Dr. Rajendra Prasad was the first President of India, elected in 1952.

23. Which President was elected unopposed?

N. Sanjeeva Reddy was elected unopposed in 1977.

24. Who was the first female President of India and when was she elected?

Ms. Pratibha Patil was the first female President of India, elected in 2007.

25. Who is the current President of India and when was she elected?

Droupadi Murmu is the current President of India, elected in 2022.

26. What are the qualifications required for a person to be eligible for election as President?

To be eligible for election as President, a person must:

1. Be a citizen of India.
2. Have completed 35 years of age.
3. Be qualified for election as a member of the Lok Sabha.
4. Not hold any office of profit under the Union or state government, local authority, or any other public authority.

27. Are a sitting President, Vice-President, Governor, or Minister considered to hold an office of profit for Presidential election eligibility?

No, a sitting President or Vice-President of the Union, the Governor of any state, and a minister of the Union or any state are not deemed to hold any office of profit and are therefore qualified as presidential candidates.

28. What are the requirements for nomination of a candidate for the Presidential election?

A candidate’s nomination must be subscribed by at least 50 electors as proposers and 50 electors as seconders.

29. What is the security deposit amount for a Presidential candidate, and when is it forfeited?

Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India, which is forfeited if the candidate fails to secure one-sixth of the votes polled.

30. What changes were made to the proposer, seconder, and security deposit amounts for Presidential elections in 1997?

Before 1997, the number of proposers and seconders was ten each, and the security deposit was ₹2,500. In 1997, these amounts were increased to 50 proposers, 50 seconders, and ₹15,000 security deposit to discourage non-serious candidates.

31. What oath or affirmation does the President make before entering office?

The President swears:

1. To faithfully execute the office.
2. To preserve, protect and defend the Constitution and the law.
3. To devote himself/herself to the service and well-being of the people of India.

32. Who administers the oath of office to the President?

The oath of office to the President is administered by the Chief Justice of India or, in his/her absence, the seniormost judge of the Supreme Court available.

33. What are the conditions laid down by the Constitution for the President’s office?

The Constitution lays down the following conditions for the President’s office:

1. The President should not be a member of either House of Parliament or a House of the state legislature. If elected, he/she is deemed to have vacated that seat upon entering office.
2. The President should not hold any other office of profit.
3. The President is entitled to use his/her official residence (Rashtrapati Bhavan) without rent.
4. The President is entitled to such emoluments, allowances, and privileges as determined by Parliament.
5. The President’s emoluments and allowances cannot be diminished during his/her term of office.

34. What was the President’s salary increased to in 2018?

In 2018, the President’s salary was increased from ₹1.50 lakh to ₹5 lakh per month.

35. What is the pension for a retired President?

The pension for a retired President was increased to 50% of his/her salary per month in 2008.

36. What privileges and immunities does the President enjoy?

The President enjoys personal immunity from legal liability for official acts, is immune from criminal proceedings (even for personal acts) during term, and cannot be arrested or imprisoned. Civil proceedings require two months’ notice.

37. What is the term of office for the President?

The President holds office for a term of five years from the date of entering office.

38. How can the President resign from office?

The President can resign at any time by addressing the resignation letter to the Vice-President.

39. What is the process for removing the President from office before the completion of his/her term?

The President can be removed from office by the process of impeachment.

40. Is the President eligible for re-election?

Yes, the President is eligible for re-election for any number of terms.

41. What is the ground for impeachment of the President?

The President can be removed for ‘violation of the Constitution’.

42. Does the Constitution define the meaning of ‘violation of the Constitution’ for Presidential impeachment?

No, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.

43. How are impeachment charges initiated against the President?

Impeachment charges can be initiated by either House of Parliament. They must be signed by one-fourth members of the House that framed the charges, and 14 days’ notice must be given to the President.

44. What happens after an impeachment resolution is passed by the initiating House?

After the impeachment resolution is passed by a two-thirds majority of the total membership of the initiating House, it is sent to the other House, which investigates the charges.

45. Does the President have the right to appear and be represented during an impeachment investigation?

Yes, the President has the right to appear and to be represented at such investigation.

46. When is the President removed from office due to impeachment?

If the other House sustains the charges and passes the impeachment resolution by a two-thirds majority of the total membership, the President stands removed from office from the date the resolution is passed.

47. What type of procedure is impeachment in the Parliament?

Impeachment is a quasi-judicial procedure in the Parliament.

48. Can nominated members of Parliament participate in the President’s impeachment?

Yes, the nominated members of either House of Parliament can participate in the impeachment of the President, even though they do not participate in his/her election.

49. Do elected members of state legislative assemblies and Union Territories participate in the President’s impeachment?

No, the elected members of the legislative assemblies of states and Union Territories of Delhi and Puducherry do not participate in the impeachment of the President, though they participate in his/her election.

50. Has any President of India been impeached so far?

No, no President has so far been impeached.

51. How can a vacancy in the President’s office occur?

A vacancy in the President’s office can occur in any of the following ways:

1. On the expiry of his/her tenure of five years.
2. By his/her resignation.
3. On his/her removal by the process of impeachment.
4. By his/her death.
5. Otherwise, for example, when he/she becomes disqualified to hold office or when his/her election is declared void.

52. What happens if the President’s term is expiring and a new election is delayed?

If the vacancy is due to the expiration of the term, the election must be held before the expiration of the term. If there is a delay, the outgoing President continues to hold office until a successor assumes charge, to prevent an ‘interregnum’.

53. Does the Vice-President act as President if the outgoing President’s term expires and a new election is delayed?

No, in this situation, the Vice-President does not get the opportunity to act as President or discharge the President’s functions.

54. What happens if the President’s office falls vacant due to resignation, removal, death, or otherwise?

If the office falls vacant by resignation, removal, death, or otherwise, an election to fill the vacancy should be held within six months from the date of occurrence.

55. What is the term of office for a newly-elected President who fills a casual vacancy?

The newly-elected President remains in office for a full term of five years from the date he/she assumes charge.

56. Who acts as President when a vacancy occurs due to resignation, removal, death, or otherwise?

The Vice-President acts as the President until a new President is elected.

57. Who discharges the President’s functions when the sitting President is unable to do so due to absence, illness, or other cause?

The Vice-President discharges the President’s functions until the President resumes his/her office.

58. Who acts as President if the office of Vice-President is also vacant?

If the office of Vice-President is also vacant, the Chief Justice of India (or the seniormost judge of the Supreme Court available) acts as the President or discharges the functions.

59. What powers, immunities, emoluments, allowances, and privileges do persons acting as President enjoy?

When any person acts as President or discharges the President’s functions, he/she enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances, and privileges as determined by Parliament.

60. What are the seven categories of powers and functions of the President?

The powers and functions of the President can be studied under the following heads:

1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers

61. What are the executive powers and functions of the President?

The executive powers and functions of the President include: (a) All executive actions of the Government of India are formally taken in his/her name. (b) Making rules for authentication of orders and instruments. (c) Making rules for convenient transaction of Union government business and allocation among ministers. (d) Appointing the Prime Minister and other ministers, who hold office during his/her pleasure. (e) Appointing the attorney general of India and determining remuneration. (f) Appointing the comptroller and auditor general of India, chief election commissioner, other election commissioners, chairman and members of UPSC, governors of states, and chairman and members of finance commission. (g) Seeking information from the Prime Minister on Union administration and legislative proposals. (h) Requiring the Prime Minister to submit matters for Council of Ministers’ consideration that a minister has decided but the council has not. (i) Appointing a commission to investigate backward classes. (j) Appointing an inter-state council for Centre-state cooperation. (k) Directly administering union territories through appointed administrators. (l) Declaring any area as a scheduled area and having powers over its administration and tribal areas.

62. What are the legislative powers of the President?

The legislative powers of the President include: (a) Summoning or proroguing Parliament and dissolving the Lok Sabha. Also, summoning a joint sitting of both Houses (presided over by the Speaker of Lok Sabha). (b) Addressing Parliament at the commencement of the first session after each general election and the first session of each year. (c) Sending messages to Parliament regarding bills or other matters. (d) Appointing any member of the Lok Sabha to preside when Speaker and Deputy Speaker offices are vacant, and similarly for the Rajya Sabha Chairman and Deputy Chairman. (e) Nominating 12 members to the Rajya Sabha from persons with special knowledge in literature, science, art, and social service. (f) (Before 2020) Nominating two members to the Lok Sabha from the Anglo-Indian community (discontinued by the 104th Amendment Act of 2019). (g) Deciding on disqualifications of MPs in consultation with the Election Commission. (h) Requiring prior recommendation or permission for certain bills, including those involving expenditure from the Consolidated Fund of India, alteration of state boundaries/creation of new states, money bills, bills imposing/varying taxes where states are interested, bills affecting ‘agricultural income’ definition, bills affecting revenue distribution to states, and bills imposing surcharges for the Centre. (i) Sanctioning state bills imposing restrictions on freedom of trade, commerce, and intercourse. (j) Having alternatives when a bill passed by Parliament is sent for assent: giving assent, withholding assent, or returning the bill (if not a money bill) for reconsideration. If passed again, assent is obligatory. (k) Having alternatives when a state bill reserved by the governor is sent for consideration: giving assent, withholding assent, or directing the governor to return the bill (if not a money bill) for reconsideration. Assent is not obligatory if passed again. (l) Promulgating ordinances when Parliament is not in session, which must be approved within six weeks of reassembly, and can be withdrawn at any time. (m) Laying reports of the Comptroller and Auditor General, UPSC, Finance Commission, etc., before Parliament. (n) Making regulations for peace, progress, and good government of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh. In Puducherry, only when the assembly is suspended or dissolved. (o) Declaring any area as a scheduled area and exercising powers over its administration and tribal areas.

63. What are the financial powers and functions of the President?

The financial powers and functions of the President include: (a) Money bills can be introduced in Parliament only with his prior recommendation. (b) Causing the annual financial statement (Union Budget) to be laid before Parliament. (c) No demand for a grant can be made except on his recommendation. (d) Making advances out of the Contingency Fund of India for unforeseen expenditure. (e) Constituting a finance commission every five years to recommend revenue distribution between Centre and states.

64. What are the judicial powers and functions of the President?

The judicial powers and functions of the President include: (a) Appointing the Chief Justice and judges of Supreme Court and high courts. (b) Seeking advice from the Supreme Court on any question of law or fact (advice is not binding). (c) Granting pardon, reprieve, respite, and remission of punishment, or suspending, remitting, or commuting sentences in cases of: (i) Punishment or sentence by a court martial. (ii) Punishment or sentence for an offence against a Union law. (iii) Death sentences.

65. What are the diplomatic powers of the President?

The diplomatic powers of the President include: (a) Negotiating and concluding international treaties and agreements (subject to Parliament’s approval). (b) Representing India in international forums and affairs. (c) Sending and receiving diplomats (ambassadors, high commissioners).

66. What are the military powers of the President?

The military powers of the President include: (a) Being the supreme commander of the defence forces of India. (b) Appointing the chiefs of the Army, Navy, and Air Force. (c) Declaring war or concluding peace (subject to Parliament’s approval).

67. What are the emergency powers of the President?

The emergency powers of the President include proclaiming: (a) National Emergency (Article 352). (b) President’s Rule (Article 356 & 365). (c) Financial Emergency (Article 360).

68. What are the grounds for the President to proclaim a National Emergency?

The President can proclaim a National Emergency on the grounds of war, external aggression, or armed rebellion.

69. What extraordinary powers does the President acquire during a National Emergency?

During a National Emergency, the President can: (i) Modify the pattern of financial resource distribution between the Union and states. (ii) Suspend the Fundamental Rights of citizens, except the right to life and personal liberty (Article 21) and the right to protection in respect of conviction for offences (Article 20).

70. What are the grounds for the President to proclaim President’s Rule in a state?

The President can proclaim President’s Rule (state emergency or constitutional emergency) on the grounds of: (i) Failure of constitutional machinery in the states (Article 356). (ii) Failure to comply with or give effect to directions given by the Union (Article 365).

71. What extraordinary powers does the President acquire when President’s Rule is imposed in a state?

When President’s Rule is imposed, the President can: (i) Assign to himself/herself all or any functions of the state government and powers vested in the governor or state authority. (ii) Declare that the powers of the state legislature shall be exercisable by or under the authority of the Parliament. (iii) Authorise expenditure from the Consolidated Fund of the state when the Lok Sabha is not in session, pending sanction by Parliament.

72. What are the conditions for the President to proclaim a Financial Emergency?

The President can proclaim a Financial Emergency if he/she is satisfied that the financial stability or credit of India, or any part thereof, is threatened.

73. What powers does the President have during a Financial Emergency?

During a Financial Emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and High Courts.

74. What are the President’s three alternatives when a bill passed by Parliament is presented for assent?

When a bill is presented for assent, the President can:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Return the bill (if it is not a money bill) for reconsideration of the Parliament.

75. What happens if a bill returned by the President for reconsideration is passed again by Parliament?

If a bill (not a money bill) is passed again by the Parliament, with or without amendments, and presented to the President, the President must give his/her assent to the bill.

76. What is the object of conferring veto power on the President over bills?

The object of conferring veto power on the President is two-fold: (a) To prevent hasty and ill-considered legislation by the Parliament. (b) To prevent unconstitutional legislation.

77. What are the four types of veto power enjoyed by the executive in modern states?

The four types of veto power are:

1. Absolute veto: withholding of assent to a bill.
2. Qualified veto: can be overridden by a higher majority in the legislature.
3. Suspensive veto: can be overridden by an ordinary majority in the legislature.
4. Pocket veto: taking no action on the bill.

78. Which types of veto are vested with the President of India?

The President of India is vested with absolute veto, suspensive veto, and pocket veto.

79. Does the Indian President have a qualified veto?

No, there is no qualified veto in the case of the Indian President; it is possessed by the American President.

80. What is Absolute Veto and when is it typically exercised by the President?

Absolute veto refers to the President’s power to withhold assent to a bill, causing it to end and not become an act. It is usually exercised for: (a) Private members’ bills. (b) Government bills when the cabinet resigns and the new cabinet advises against assent.

81. In which year did President Dr. Rajendra Prasad exercise the absolute veto on the PEPSU Appropriation Bill?

In 1954, President Dr. Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill.

82. In which year did President R Venkataraman exercise the absolute veto on the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill?

In 1991, President R Venkataraman withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill.

83. What is Suspensive Veto?

The President exercises suspensive veto when he/she returns a bill for reconsideration of the Parliament.

84. What happens if a bill is passed again by Parliament after the President exercises suspensive veto?

If the bill is passed again by the Parliament, with or without amendments, it is obligatory for the President to give his/her assent to the bill.

85. Does the President possess suspensive veto in the case of money bills?

No, the President does not possess suspensive veto in the case of money bills.

86. What is Pocket Veto?

Pocket veto is when the President neither ratifies nor rejects nor returns a bill, but simply keeps it pending for an indefinite period.

87. Why can the Indian President exercise a pocket veto?

The Indian President can exercise a pocket veto because the Constitution does not prescribe any time-limit within which he/she has to take a decision on a bill presented for assent.

88. In which year did President Zail Singh exercise the pocket veto on the Indian Post Office (Amendment) Bill?

In 1986, President Zail Singh exercised the pocket veto with respect to the Indian Post Office (Amendment) Bill.

89. Does the President have veto power over a constitutional amendment bill?

No, the President has no veto power in respect of a constitutional amendment bill.

90. What did the 24th Constitutional Amendment Act of 1971 make obligatory for the President?

The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

91. What are the four alternatives for the governor when a bill passed by a state legislature is presented for assent?

When a bill passed by a state legislature is presented for assent, the governor can:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Return the bill (if it is not a money bill) for reconsideration of the state legislature.
4. Reserve the bill for the consideration of the President.

92. What happens if a state bill returned by the governor for reconsideration is passed again by the state legislature?

If a state bill (not a money bill) is passed again by the state legislature and presented to the governor, the governor has to give his/her assent to the bill.

93. What are the three alternatives for the President when a state bill is reserved by the governor for consideration?

When a state bill is reserved by the governor, the President can:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature.

94. Is the President bound to give assent to a state bill that is returned for reconsideration and passed again by the state legislature?

No, it is not obligatory for the President to give his/her assent even if the bill is again passed by the state legislature and sent again for consideration.

95. Can the President exercise a pocket veto in respect of state legislation?

Yes, since the Constitution has not prescribed any time limit for the President to decide on a bill reserved by the governor, the President can exercise pocket veto in respect of state legislation.

96. What is the Ordinance-Making Power of the President?

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are temporary laws.

97. What are the four limitations on the President’s ordinance-making power?

The President’s ordinance-making power is subject to the following limitations:

1. An ordinance can be promulgated only when both Houses of Parliament are not in session, or when either House is not in session.
2. An ordinance can be made only when the President is satisfied that circumstances exist requiring immediate action.
3. The ordinance-making power is coextensive with Parliament’s law-making powers, meaning it can only be issued on subjects on which Parliament can make laws and is subject to the same constitutional limitations as an act of Parliament (e.g., cannot abridge fundamental rights).
4. Every ordinance must be laid before both Houses of Parliament when it reassembles and, if not approved, ceases to operate on the expiry of six weeks from reassembly.

98. Can the President’s satisfaction for promulgating an ordinance be questioned in a court?

In the Cooper case (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. The 44th Constitutional Amendment Act of 1978 deleted the provision (38th Amendment Act of 1975) that made the President’s satisfaction final and conclusive, thus making it justiciable.

99. What is the maximum life of an ordinance?

The maximum life of an ordinance can be six months and six weeks (six months being the maximum gap between two Parliament sessions).

100. Can the President withdraw an ordinance at any time?

Yes, the President can withdraw an ordinance at any time.

101. Is the President’s ordinance-making power discretionary?

No, the President’s ordinance-making power is not a discretionary power; he/she can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the Prime Minister.

102. Can an ordinance be retrospective or amend a tax law?

Yes, an ordinance can be retrospective (come into force from a back date) and can modify or repeal any act of Parliament or another ordinance, including altering or amending a tax law.

103. What did Dr. B.R. Ambedkar say about the ordinance-making power of the President in the Constituent Assembly?

Dr. B.R. Ambedkar stated that the mechanism of issuing an ordinance was devised to enable the Executive to deal with sudden and immediate situations when Parliament is not in session.

104. Is the ordinance-making power of the President necessarily connected to a national emergency?

No, the ordinance-making power of the President has no necessary connection with the national emergency envisaged in Article 352. The President can issue an ordinance even without war, external aggression, or armed rebellion.

105. What is required to be placed before the Lok Sabha when a bill replacing an ordinance is introduced?

The rules of Lok Sabha require that a statement explaining the circumstances that necessitated immediate legislation by ordinance should be placed before the House.

106. What was the Supreme Court’s ruling in the D.C. Wadhwa case (1986) regarding the Governor’s ordinance-making power?

In the D.C. Wadhwa case (1986), the Supreme Court ruled that successive repromulgation of ordinances with the same text, without attempting to pass bills, amounts to a violation of the Constitution and is liable to be struck down. It held that the exceptional power of law-making through ordinance cannot be used as a substitute for legislative power.

107. What is the Pardoning Power of the President?

Article 72 of the Constitution empowers the President to grant pardons to persons convicted of any offence in cases where the punishment or sentence is for an offence against a Union Law, by a court martial, or is a sentence of death.

108. Is the President’s pardoning power independent of the Judiciary?

Yes, the pardoning power of the President is independent of the Judiciary.

109. What is the two-fold object of conferring judicial power on the President?

The object is two-fold: (a) To keep the door open for correcting any judicial errors in the operation of law. (b) To afford relief from a sentence which the President regards as unduly harsh.

110. What does Pardon mean in the context of the President’s pardoning power?

Pardon removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments, and disqualifications.

111. What does Commutation mean in the context of the President’s pardoning power?

Commutation denotes the substitution of one form of punishment for a lighter form (e.g., death sentence to rigorous imprisonment).

112. What does Remission mean in the context of the President’s pardoning power?

Remission implies reducing the period of sentence without changing its character (e.g., rigorous imprisonment for two years to rigorous imprisonment for one year).

113. What does Respite mean in the context of the President’s pardoning power?

Respite denotes awarding a lesser sentence due to special facts, such as the physical disability of a convict or the pregnancy of a woman offender.

114. What does Reprieve mean in the context of the President’s pardoning power?

Reprieve implies a stay of the execution of a sentence (especially death) for a temporary period, to enable the convict to seek pardon or commutation.

115. What are the differences between the pardoning power of the President and the Governor?

The President can pardon sentences inflicted by court martial, while the governor cannot. The President can pardon death sentences, while the governor cannot (though the governor can suspend, remit, or commute a death sentence).

116. What principles did the Supreme Court lay down in the Kehar Singh case (1988) regarding the President’s pardoning power?

In the Kehar Singh case (1988), the Supreme Court laid down:

1. The petitioner for mercy has no right to an oral hearing by the President.
2. The President can examine the evidence afresh and take a different view.
3. The power is to be exercised by the President on the advice of the union cabinet.
4. There is no need for the Supreme Court to lay down specific guidelines.
5. The exercise of power is not subject to judicial review unless the decision is irrelevant, irrational, mala fide, or discriminatory.

117. What did the Supreme Court hold in the Maru Ram case (1980) regarding the President’s pardoning power?

In the Maru Ram case (1980), the Supreme Court held that the President’s pardoning power should be exercised on the advice of the union cabinet and is not subject to judicial review unless the decision is irrelevant, irrational, mala fide, or discriminatory.

118. What is the constitutional position of the President in India’s parliamentary system?

In India’s parliamentary system, the President is only a nominal executive; the real executive is the council of ministers headed by the Prime Minister.

119. How did Dr. B.R. Ambedkar describe the true position of the President in the Indian Constitution?

Dr. B.R. Ambedkar stated that the Indian President occupies the same position as the King under the English Constitution, being the head of the State but not of the Executive, a symbol of the nation whose decisions are made known through a ceremonial device, and is generally bound by the advice of his ministers.

120. Which Articles of the Constitution are particularly relevant to the constitutional position of the President?

Articles 53, 74, and 75 are particularly relevant.

121. What does Article 53 state regarding the President’s executive power?

Article 53 states that the executive power of the Union shall be vested in the President and exercised by him/her either directly or through subordinate officers in accordance with the Constitution.

122. What does Article 74 state regarding the Council of Ministers and the President?

Article 74 states that there shall be a council of ministers with the Prime Minister at the head to aid and advise the President, who ‘shall’ act in accordance with such advice.

123. What does Article 75 state regarding the collective responsibility of the Council of Ministers?

Article 75 states that the council of ministers shall be collectively responsible to the Lok Sabha.

124. What did the 42nd Constitutional Amendment Act of 1976 do regarding the President’s obligation to ministerial advice?

The 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers headed by the Prime Minister.

125. What did the 44th Constitutional Amendment Act of 1978 do regarding the President’s power to reconsider ministerial advice?

The 44th Constitutional Amendment Act of 1978 authorised the President to require the council of ministers to reconsider such advice, but mandated that the President ‘shall’ act in accordance with the advice tendered after such reconsideration.

126. What are the situational discretions that the President has?

The President has some situational discretion (without ministerial advice) in the following cases: (i) Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister dies suddenly with no obvious successor. (ii) Dismissal of the council of ministers when it cannot prove confidence of the Lok Sabha. (iii) Dissolution of the Lok Sabha if the council of ministers has lost its majority.

127. Which Article deals with the President of India?

Article 52 deals with the President of India.

128. Which Article deals with the Executive power of the Union?

Article 53 deals with the Executive power of the Union.

129. Which Article deals with the Election of President?

Article 54 deals with the Election of President.

130. Which Article deals with the Manner of election of President?

Article 55 deals with the Manner of election of President.

131. Which Article deals with the Term of office of President?

Article 56 deals with the Term of office of President.

132. Which Article deals with Eligibility for re-election of the President?

Article 57 deals with Eligibility for re-election of the President.

133. Which Article deals with Qualifications for election as President?

Article 58 deals with Qualifications for election as President.

134. Which Article deals with Conditions of President’s office?

Article 59 deals with Conditions of President’s office.

135. Which Article deals with Oath or affirmation by the President?

Article 60 deals with Oath or affirmation by the President.

136. Which Article deals with the Procedure for impeachment of the President?

Article 61 deals with the Procedure for impeachment of the President.

137. Which Article deals with Time of holding election to fill vacancy in the office of President?

Article 62 deals with Time of holding election to fill vacancy in the office of President.

138. Which Article deals with the Vice-President to act as President or to discharge his functions?

Article 65 deals with the Vice-President to act as President or to discharge his functions.

139. Which Article deals with Matters relating to the election of President?

Article 71 deals with Matters relating to the election of President.

140. Which Article deals with the Power of President to grant pardons etc.?

Article 72 deals with the Power of President to grant pardons etc.

141. Which Article deals with the Council of ministers to aid and advise the President?

Article 74 deals with the Council of ministers to aid and advise the President.

142. Which Article deals with Other provisions as to ministers?

Article 75 deals with Other provisions as to ministers.

143. Which Article deals with the Attorney-General of India?

Article 76 deals with the Attorney-General of India.

144. Which Article deals with the Conduct of business of the Government of India?

Article 77 deals with the Conduct of business of the Government of India.

145. Which Article deals with Duties of Prime Minister in respect to furnishing of information to the President?

Article 78 deals with Duties of Prime Minister in respect to furnishing of information to the President.

146. Which Article deals with Sessions of Parliament, prorogation and dissolution?

Article 85 deals with Sessions of Parliament, prorogation and dissolution.

147. Which Article deals with Assent to bills passed by the Parliament?

Article 111 deals with Assent to bills passed by the Parliament.

148. Which Article deals with the Union Budget (annual financial statement)?

Article 112 deals with the Union Budget (annual financial statement).

149. Which Article deals with the Power of President to promulgate ordinances?

Article 123 deals with the Power of President to promulgate ordinances.

150. Which Article deals with the Power of President to consult Supreme Court?

Article 143 deals with the Power of President to consult Supreme Court.

Chapter 19 Vice-President

1. What is the rank of the Vice-President in India’s official warrant of precedence?

The Vice-President occupies the second highest office in the country, ranked next to the President in the official warrant of precedence.

2. On the lines of which country’s Vice-President is the Indian Vice-President’s office modelled?

The Indian Vice-President’s office is modelled on the lines of the American Vice-President.

3. How is the Vice-President of India elected?

The Vice-President is elected by the method of indirect election.

4. Who constitutes the electoral college for the Vice-President’s election?

The electoral college for the Vice-President’s election consists of the members of both Houses of Parliament (elected and nominated).

5. How does the electoral college for the Vice-President differ from that for the President?

The Vice-President’s electoral college:

1. Includes both elected and nominated members of Parliament (President’s includes only elected members).
2. Does not include members of state legislative assemblies (President’s includes elected members of state legislative assemblies).

6. What did Dr. B.R. Ambedkar say about the difference in electoral colleges for the President and Vice-President?

Dr. B.R. Ambedkar explained that since the President is head of state with powers extending to both Centre and states, state legislature members are included in his election. For the Vice-President, whose normal functions are to preside over the Council of States and only temporarily assume presidential duties, it is not necessary to include state legislature members.

7. Is the manner of election the same for both the President and Vice-President?

Yes, the manner of election is the same for both: proportional representation by means of the single transferable vote and secret ballot.

8. Who inquires into and decides all doubts and disputes regarding the election of the Vice-President?

All doubts and disputes regarding the Vice-President’s election are inquired into and decided by the Supreme Court, whose decision is final.

9. Can the Vice-President’s election be challenged due to an incomplete electoral college?

No, the election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., existence of any vacancy among its members).

10. What is the validity of acts done by a person whose election as Vice-President is later declared void by the Supreme Court?

If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him/her before the date of such declaration continue to remain in force and are not invalidated.

11. What are the qualifications required for a person to be eligible for election as Vice-President?

To be eligible for election as Vice-President, a person must:

1. Be a citizen of India.
2. Have completed 35 years of age.
3. Be qualified for election as a member of the Rajya Sabha.
4. Not hold any office of profit under the Union or state government, local authority, or any other public authority.

12. Are a sitting President, Vice-President, Governor, or Minister considered to hold an office of profit for Vice-Presidential election eligibility?

No, a sitting President or Vice-President of the Union, the Governor of any state, and a minister for the Union or any state are not deemed to hold any office of profit and are therefore qualified for being a candidate for Vice-President.

13. What are the requirements for nomination of a candidate for the Vice-Presidential election?

A candidate’s nomination must be subscribed by at least 20 electors as proposers and 20 electors as seconders.

14. What is the security deposit amount for a Vice-Presidential candidate?

Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India.

15. What oath or affirmation does the Vice-President make before entering office?

The Vice-President swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To faithfully discharge the duties of his/her office.

16. Who administers the oath of office to the Vice-President?

The oath of office to the Vice-President is administered by the President or some person appointed in that behalf by him/her.

17. What are the conditions laid down by the Constitution for the Vice-President’s office?

The Constitution lays down the following two conditions for the Vice-President’s office:

1. He/she should not be a member of either House of Parliament or a House of the state legislature. If elected, he/she is deemed to have vacated that seat upon entering office.
2. He/she should not hold any other office of profit.

18. What is the term of office for the Vice-President?

The Vice-President holds office for a term of five years from the date of entering office.

19. How can the Vice-President resign from office?

The Vice-President can resign at any time by addressing the resignation letter to the President.

20. How can the Vice-President be removed from office before the completion of his/her term?

The Vice-President can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha (simple majority).

21. Can a resolution for the removal of the Vice-President be introduced in the Lok Sabha?

No, a resolution for the removal of the Vice-President can be introduced only in the Rajya Sabha.

22. What is the advance notice period required to move a resolution for the Vice-President’s removal?

No such resolution can be moved unless at least 14 days’ advance notice has been given.

23. Does the Constitution mention any ground for the Vice-President’s removal?

No, the Constitution has not mentioned any ground for his/her removal.

24. Is the Vice-President eligible for re-election?

Yes, the Vice-President is eligible for re-election for any number of terms.

25. How can a vacancy in the Vice-President’s office occur?

A vacancy in the Vice-President’s office can occur in any of the following ways:

1. On the expiry of his/her tenure of five years.
2. By his/her resignation.
3. On his/her removal.
4. By his/her death.
5. Otherwise, for example, when he/she becomes disqualified to hold office or when his/her election is declared void.

26. What happens if the Vice-President’s term is expiring and a new election is delayed?

When the vacancy is going to be caused by the expiration of the term, an election to fill the vacancy must be held before the expiration of the term.

27. What happens if the Vice-President’s office falls vacant due to resignation, removal, death, or otherwise?

If the office falls vacant by resignation, removal, death, or otherwise, an election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.

28. What is the term of office for a newly-elected Vice-President who fills a casual vacancy?

The newly-elected Vice-President remains in office for a full term of five years from the date he/she assumes charge.

29. What are the two-fold functions of the Vice-President?

The functions of the Vice-President are:

1. He/she acts as the ex-officio Chairman of Rajya Sabha.
2. He/she acts as President when a vacancy occurs in the office of the President or when the sitting President is unable to discharge his/her functions.

30. What are the powers and functions of the Vice-President as ex-officio Chairman of Rajya Sabha?

In this capacity, his/her powers and functions are similar to those of the Speaker of Lok Sabha. He/she resembles the American Vice-President, who also acts as the Chairman of the Senate.

31. What is the maximum period for which the Vice-President can act as President?

The Vice-President can act as President only for a maximum period of six months, within which a new President has to be elected.

32. Who performs the duties of the Chairman of Rajya Sabha when the Vice-President is acting as President?

When the Vice-President is acting as President or discharging the functions of President, the duties of the office of the Chairman of Rajya Sabha are performed by the Deputy Chairman of Rajya Sabha.

33. What are the emoluments of the Vice-President?

The Constitution has not fixed any emoluments for the Vice-President in that capacity. He/she draws his/her regular salary in his/her capacity as the ex-officio Chairman of the Rajya Sabha.

34. What was the salary of the Chairman of Rajya Sabha increased to in 2018?

In 2018, the salary of the Chairman of the Rajya Sabha was increased from ₹1.25 lakh to ₹4 lakh per month.

35. What is the pension for a retired Vice-President?

The pension of a retired Vice-President was increased from ₹20,000 per month to 50% of his/her salary per month in 2008.

36. What salary and allowance is the Vice-President entitled to when acting as President?

During any period when the Vice-President acts as President or discharges the functions of the President, he/she is not entitled to the salary or allowance payable to the Chairman of Rajya Sabha, but the salary and allowance of the President.

37. What is the key difference between the Indian and American Vice-Presidents regarding succession to the presidency?

The American Vice-President succeeds to the presidency and remains President for the unexpired term of his/her predecessor, while the Indian Vice-President merely serves as an acting President until a new President assumes charge.

38. Why do some scholars call the Indian Vice-President ‘His Superfluous Highness’?

This is because the Constitution has not assigned any significant function to the Vice-President in that capacity, and the office was created to maintain the political continuity of the Indian State.

39. Which Article deals with the Vice-President of India?

Article 63 deals with the Vice-President of India.

40. Which Article deals with the Vice-President to be ex-officio Chairman of the Council of States?

Article 64 deals with the Vice-President to be ex-officio Chairman of the Council of States.

41. Which Article deals with the Vice-President to act as President or to discharge his/her functions during casual vacancies?

Article 65 deals with the Vice-President to act as President or to discharge his/her functions during casual vacancies.

42. Which Article deals with the Election of Vice-President?

Article 66 deals with the Election of Vice-President.

43. Which Article deals with the Term of office of Vice-President?

Article 67 deals with the Term of office of Vice-President.

44. Which Article deals with the Time of holding election to fill vacancy in the office of Vice-President?

Article 68 deals with the Time of holding election to fill vacancy in the office of Vice-President.

45. Which Article deals with the Oath or affirmation by the Vice-President?

Article 69 deals with the Oath or affirmation by the Vice-President.

46. Which Article deals with the Discharge of President’s functions in other contingencies?

Article 70 deals with the Discharge of President’s functions in other contingencies.

47. Which Article deals with Matters relating to, or connected with, the election of Vice-President?

Article 71 deals with Matters relating to, or connected with, the election of Vice-President.

Chapter 20 Prime Minister

1. Who is the nominal executive authority and who is the real executive authority in India’s parliamentary system?

In India’s parliamentary system, the President is the nominal executive authority (de jure executive), and the Prime Minister is the real executive authority (de facto executive).

2. Who is the head of the State and who is the head of the government?

The President is the head of the State, while the Prime Minister is the head of the government.

3. Does the Constitution specify a procedure for the selection and appointment of the Prime Minister?

No, the Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.

4. What does Article 75 state regarding the appointment of the Prime Minister?

Article 75 states that the Prime Minister shall be appointed by the President.

5. What is the convention for the President’s appointment of the Prime Minister when a party has a clear majority in the Lok Sabha?

In accordance with parliamentary conventions, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.

6. When can the President exercise personal discretion in the selection and appointment of the Prime Minister?

The President may exercise personal discretion when no party has a clear majority in the Lok Sabha.

7. In a situation where no party has a clear majority, whom does the President usually appoint as Prime Minister?

In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha and asks him/her to seek a vote of confidence within a month.

8. When was the President’s discretion first exercised in appointing the Prime Minister?

The President’s discretion was exercised for the first time in 1979, when Neelam Sanjiva Reddy appointed Charan Singh as Prime Minister after the fall of the Janata Party government.

9. What other situation may require the President to exercise individual judgment in appointing the Prime Minister?

The President may exercise individual judgment when the Prime Minister in office dies suddenly and there is no obvious successor.

10. What happened when Indira Gandhi was assassinated in 1984 regarding the appointment of the Prime Minister?

When Indira Gandhi was assassinated in 1984, the then President Zail Singh appointed Rajiv Gandhi as Prime Minister, ignoring the precedent of appointing a caretaker Prime Minister.

11. What is the President’s choice if the ruling party elects a new leader upon the death of an incumbent Prime Minister?

If, on the death of an incumbent Prime Minister, the ruling party elects a new leader, the President has no choice but to appoint him/her as Prime Minister.

12. What did the Delhi High Court rule in 1980 regarding the Prime Minister’s majority in the Lok Sabha?

In 1980, the Delhi High Court held that the Constitution does not require a person to prove his/her majority in the Lok Sabha before being appointed as Prime Minister. The President may first appoint them and then ask them to prove majority within a reasonable period.

13. What did the Supreme Court rule in 1996 regarding the appointment of a person not a member of Parliament as Prime Minister?

In 1996, the Supreme Court held that a person not a member of either House of Parliament can be appointed as Prime Minister for six months, within which he/she must become a member of either House, otherwise he/she ceases to be Prime Minister.

14. Can the Prime Minister be a member of either House of Parliament?

Yes, constitutionally, the Prime Minister may be a member of any of the two Houses of Parliament.

15. Who administers the oaths of office and secrecy to the Prime Minister?

The President administers the oaths of office and secrecy to the Prime Minister.

16. What does the Prime Minister swear in his/her oath of office?

In his/her oath of office, the Prime Minister swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully and conscientiously discharge the duties of his/her office.
4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

17. What does the Prime Minister swear in his/her oath of secrecy?

In his/her oath of secrecy, the Prime Minister swears that he/she will not directly or indirectly communicate or reveal to any person(s) any matter brought under consideration or known as a Union Minister, except as required for duties.

18. Is the term of the Prime Minister fixed?

No, the term of the Prime Minister is not fixed, and he/she holds office during the pleasure of the President.

19. Can the President dismiss the Prime Minister at any time?

No, the President cannot dismiss the Prime Minister at any time as long as he/she enjoys the majority support in the Lok Sabha.

20. What happens if the Prime Minister loses the confidence of the Lok Sabha?

If the Prime Minister loses the confidence of the Lok Sabha, he/she must resign or the President can dismiss him/her.

21. Who determines the salary and allowances of the Prime Minister?

The salary and allowances of the Prime Minister are determined by the Parliament from time to time.

22. What are the powers and functions of the Prime Minister in relation to the Council of Ministers?

The Prime Minister enjoys the following powers as head of the Union council of ministers:

1. Recommends persons for ministerial appointment by the President.
2. Allocates and reshuffles portfolios among ministers.
3. Can ask a minister to resign or advise the President to dismiss him/her.
4. Presides over meetings of the council of ministers and influences decisions.
5. Guides, directs, controls, and coordinates the activities of all ministers.
6. Can bring about the collapse of the council of ministers by resigning from office.

23. What happens to the Council of Ministers if the Prime Minister resigns or dies?

The resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers, creating a vacuum.

24. What are the powers and functions of the Prime Minister in relation to the President?

The Prime Minister enjoys the following powers in relation to the President:

1. He/she is the principal channel of communication between the President and the council of ministers.
2. It is the duty of the Prime Minister to: (a) Communicate to the President all decisions of the council of ministers relating to the administration of the Union and legislative proposals. (b) Furnish such information as the President may call for. (c) Submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but not considered by the council, if the President so requires.
3. He/she advises the President on the appointment of important officials like the attorney general, CAG, UPSC chairman/members, election commissioners, and finance commission chairman/members.

25. What are the powers and functions of the Prime Minister in relation to Parliament?

The Prime Minister, as leader of the Lower House, enjoys the following powers:

1. Advises the President on summoning and proroguing Parliament sessions.
2. Can recommend dissolution of the Lok Sabha to the President at any time.
3. Announces government policies on the floor of the House.

26. What are the other powers and functions of the Prime Minister?

In addition to the above, the Prime Minister:

1. Is the chairman of the NITI Aayog, National Integration Council, Inter-State Council, National Water Resources Council, and other bodies.
2. Plays a significant role in shaping the foreign policy of the country.
3. Is the chief spokesman of the Union government.
4. Is the crisis manager-in-chief at the political level during emergencies.
5. As a leader of the nation, meets various sections of people and receives memoranda regarding their problems.
6. Is the leader of the party in power.
7. Is the political head of the services.

27. How did Dr. B.R. Ambedkar compare the Indian Prime Minister to the US President?

Dr. B.R. Ambedkar stated, “If any functionary under our constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union”.

28. What does Lord Morely describe the Prime Minister as?

Lord Morely described the Prime Minister as ‘primus inter pares’ (first among equals) and ‘key stone of the cabinet arch’.

29. How did Herbert Marrison describe the Prime Minister’s position?

Herbert Marrison described the Prime Minister as ‘primus inter pares’ but noted that it is “today for too modest an appreciation of the Prime Minister’s position”.

30. How did Sir William Vernor Harcourt describe the Prime Minister?

Sir William Vernor Harcourt described the Prime Minister as ‘inter stellas luna minores’ (a moon among lesser stars).

31. How did Jennings describe the Prime Minister’s role?

Jennings described the Prime Minister as “a sun around which planets revolve” and “the key-stone of the constitution.”

32. How did H.J. Laski describe the Prime Minister’s relationship with the cabinet?

H.J. Laski said the Prime Minister “is central to its formation, central to its life, and central to its death” and described him as “the pivot around which the entire governmental machinery revolves.”

33. How did H.R.G. Greaves describe the Prime Minister’s role?

H.R.G. Greaves stated, “The Government is the master of the country and he (Prime Minister) is the master of the Government.”

34. How did Munro describe the Prime Minister?

Munro called the Prime Minister as “the captain of the ship of the state”.

35. How did Ramsay Muir describe the Prime Minister?

Ramsay Muir described the Prime Minister as “the steersman of steering wheel of the ship of the state.”

36. Which Article deals with the Council of Ministers to aid and advise President?

Article 74 deals with the Council of Ministers to aid and advise President.

37. Which Article deals with Other provisions as to Ministers?

Article 75 deals with Other provisions as to Ministers.

38. Which Article deals with the Conduct of business of the Government of India?

Article 77 deals with the Conduct of business of the Government of India.

39. Which Article deals with Duties of Prime Minister as respects the furnishing of information to the President?

Article 78 deals with Duties of Prime Minister as respects the furnishing of information to the President.

40. Which Article deals with Rights of Ministers as respects the Houses?

Article 88 deals with Rights of Ministers as respects the Houses.

41. How many Chief Ministers have become Prime Ministers in India?

Six people have become Prime Ministers after being Chief Ministers of their respective States: Morarji Desai, Charan Singh, V.P. Singh, P.V. Narasimha Rao, H.D. Deve Gowda, and Narendra Modi.

42. Who was the first non-Congress Prime Minister who was also a Chief Minister before?

Morarji Desai, former Chief Minister of Bombay State, became the first non-Congress Prime Minister in March 1977.

43. Does the Constitution of India contain any provision for a caretaker government?

No, the Constitution of India does not contain any provision for a caretaker government. It is only a situational arrangement and a functional necessity.

44. What is the meaning of a caretaker government?

A caretaker government describes the status of a council of ministers that has resigned (due to loss of confidence or otherwise) but is asked by the President to continue until alternative arrangements are made. It is enjoined to hold free and fair polls for a new popular government.

45. What is the limited role of a caretaker government?

A caretaker government is meant for managing routine activities of the government and is not expected to make significant policy decisions or initiate new measures/schemes, except those relating to national security or interest.

46. What did the Tarkunde Committee (1974–75) recommend regarding the caretaker government’s actions?

The Tarkunde Committee recommended that a caretaker government should not: (i) Initiate and announce new policies. (ii) Promise or start new projects. (iii) Grant allowances or loans, salary increases. (iv) Hold official functions attended by ministers.

47. What did the Calcutta High Court observe in December 1979 regarding a caretaker government?

The Calcutta High Court observed that while the Constitution does not mention a caretaker government, such an extraordinary situation requires one, enabling the Prime Minister and Council of Ministers to carry on only day-to-day administration for an alternative arrangement.

48. What are the two reasons why caretaker Prime Ministers are constrained?

Caretaker Prime Ministers are constrained because:

1. The normal channel of accountability through Parliament does not exist.
2. The government should not abuse its position to gain electoral advantage.

Chapter 21 Central Council of Ministers

1. What is the real executive authority in India’s politico-administrative system, according to the Constitution?

As per the Constitution of India, the council of ministers headed by the prime minister is the real executive authority in our politico-administrative system.

2. Which Articles of the Constitution broadly deal with the principles of the parliamentary system of government?

Articles 74 and 75 broadly deal with the principles of the parliamentary system of government.

3. What does Article 74 state regarding the Council of Ministers and the President?

Article 74 states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice. The President may require reconsideration of advice, but shall act in accordance with the reconsidered advice.

4. Can the advice tendered by Ministers to the President be inquired into in any court?

No, the advice tendered by Ministers to the President shall not be inquired into in any court.

5. What does Article 75 state regarding the appointment of the Prime Minister and other Ministers?

Article 75 states that the Prime Minister shall be appointed by the President, and the other Ministers shall be appointed by the President on the advice of the Prime Minister.

6. What is the maximum limit on the total number of ministers in the Council of Ministers?

The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This was added by the 91st Amendment Act of 2003.

7. What is the disqualification for a member of Parliament belonging to any political party who is disqualified on the ground of defection?

A member of either house of Parliament disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was added by the 91st Amendment Act of 2003.

8. During whose pleasure do the ministers hold office?

The ministers shall hold office during the pleasure of the President.

9. To whom is the Council of Ministers collectively responsible?

The council of ministers shall be collectively responsible to the Lok Sabha.

10. Who administers the oaths of office and secrecy to a minister?

The President administers the oaths of office and secrecy to a minister.

11. What happens if a minister is not a member of Parliament for a period of six consecutive months?

A minister who is not a member of Parliament (either house) for any period of six consecutive months shall cease to be a minister.

12. Who determines the salaries and allowances of ministers?

The salaries and allowances of ministers shall be determined by the Parliament.

13. What does Article 77 state regarding the executive action of the Government of India?

Article 77 states that all executive action of the Government of India shall be expressed to be taken in the name of the President.

14. What does Article 77 state regarding the authentication of orders and instruments made in the President’s name?

Orders and other instruments made and executed in the name of the President shall be authenticated as specified by rules made by the President. Their validity cannot be questioned on the ground that they were not properly made or executed.

15. What power does the President have under Article 77 regarding the transaction of government business?

The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation of said business among the Ministers.

16. What does Article 78 state as the duties of the Prime Minister?

Article 78 states it shall be the duty of the Prime Minister:

1. To communicate to the President all decisions of the Council of Ministers relating to Union administration and legislative proposals.
2. To furnish such information relating to Union administration and legislative proposals as the President may call for.
3. If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but not considered by the Council.

17. What does Article 88 state regarding the rights of Ministers as respects the Houses?

Article 88 states that every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the Houses, and any Committee of Parliament of which he/she may be a member, but shall not be entitled to vote.

18. What does Article 74 provide for regarding the Council of Ministers and the President?

Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his/her functions.

19. What did the 42nd and 44th Constitutional Amendment Acts do regarding the advice tendered by ministers to the President?

The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.

20. Can the nature of advice tendered by ministers to the President be enquired by any court?

No, the nature of advice tendered by ministers to the President cannot be enquired by any court.

21. What did the Supreme Court hold in U.N.R. Rao case (1971) regarding the Council of Ministers after dissolution of Lok Sabha?

In U.N.R. Rao case (1971), the Supreme Court held that “even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office.” It ruled that the President cannot exercise executive power without the aid and advice of the council of ministers.

22. What did the Supreme Court hold in Shamsher Singh case (1974) regarding the President’s satisfaction?

In Shamsher Singh case (1974), the court held that “wherever the Constitution requires the satisfaction of the President, the satisfaction is not the personal satisfaction of the President but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his/her powers and functions”.

23. Who appoints the Prime Minister and the other ministers?

The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister.

24. Can a person who is not a member of Parliament be appointed as a minister?

Yes, a person who is not a member of either House of Parliament can also be appointed as a minister, but must become a member within six months, otherwise he/she ceases to be a minister.

25. What right does a minister who is a member of one House of Parliament have regarding the other House?

A minister who is a member of one House of Parliament has the right to speak and to take part in the proceedings of the other House, but can vote only in the House of which he/she is a member.

26. Who administers the oaths of office and secrecy to a minister?

Before a minister enters upon his/her office, the President administers to him/her the oaths of office and secrecy.

27. What does a minister swear in his/her oath of office?

In his/her oath of office, the minister swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully and conscientiously discharge the duties of his/her office.
4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

28. What does a minister swear in his/her oath of secrecy?

In his/her oath of secrecy, the minister swears that he/she will not directly or indirectly communicate or reveal to any person(s) any matter brought under consideration or known as a Union minister, except as required for duties.

29. What did the Supreme Court rule in 1990 regarding the oath taken by Devi Lal as deputy prime minister?

In 1990, the Supreme Court upheld the oath taken by Devi Lal as deputy prime minister as valid, stating that describing a person as Deputy Prime Minister is descriptive only and does not confer additional powers, nor does it vitiate the oath if the substantive part is correct.

30. Who determines the salaries and allowances of ministers?

The salaries and allowances of ministers are determined by Parliament from time to time.

31. What is the fundamental principle underlying the working of the parliamentary system of government regarding the Council of Ministers?

The fundamental principle is collective responsibility. Article 75 states that the council of ministers is collectively responsible to the Lok Sabha.

32. What does collective responsibility mean for the ministers?

Collective responsibility means that all ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. They work as a team and swim or sink together.

33. What happens if the Lok Sabha passes a no-confidence motion against the Council of Ministers?

If the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign, including those from the Rajya Sabha.

34. What alternative action can the Council of Ministers take if it loses the confidence of the Lok Sabha?

Alternatively, the council of ministers can advise the President to dissolve the Lok Sabha on the ground that the House does not faithfully represent the electorate, and call for fresh elections.

35. Does the President have to oblige the Council of Ministers if it advises dissolution of Lok Sabha after losing confidence?

No, the President may not oblige the council of ministers that has lost the confidence of the Lok Sabha.

36. What does the principle of collective responsibility also mean regarding Cabinet decisions?

The principle of collective responsibility also means that Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting.

37. What is the duty of a minister who disagrees with a cabinet decision?

It is the duty of every minister to stand by cabinet decisions and support them both within and outside Parliament. If a minister disagrees and is not prepared to defend it, he/she must resign.

38. What does Article 75 state regarding individual responsibility of ministers?

Article 75 states that the ministers hold office during the pleasure of the President, which means the President can remove a minister even when the council of ministers enjoys the confidence of the Lok Sabha.

39. On whose advice does the President remove a minister?

The President removes a minister only on the advice of the Prime Minister.

40. How does the Prime Minister ensure collective responsibility in case of difference of opinion or dissatisfaction with a minister?

In case of a difference of opinion or dissatisfaction, the Prime Minister can ask the minister to resign or advise the President to dismiss him/her.

41. What did Dr. B.R. Ambedkar observe regarding collective responsibility and the Prime Minister?

Dr. B.R. Ambedkar observed that “Collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers, there can be no collective responsibility.”

42. Is there a provision in the Indian Constitution for the system of legal responsibility of a minister?

No, in India, there is no provision in the Constitution for the system of legal responsibility of a minister.

43. Are the courts barred from enquiring into the nature of advice rendered by the ministers to the President?

Yes, the courts are barred from enquiring into the nature of advice rendered by the ministers to the President.

44. What are the three categories of ministers in the Council of Ministers?

The council of ministers consists of:

1. Cabinet ministers.
2. Ministers of state.
3. Deputy ministers.

45. Who stands at the top of all ministers in the Council of Ministers?

The Prime Minister stands at the top, as the supreme governing authority.

46. Can the Council of Ministers include a deputy prime minister?

Yes, at times, the council of ministers may also include a deputy prime minister, usually appointed for political reasons.

47. What are the responsibilities of cabinet ministers?

Cabinet ministers head important ministries of the Central government (e.g., home, defence, finance, external affairs), are members of the cabinet, attend its meetings, play an important role in deciding policies, and their responsibilities extend over the entire gamut of Central government.

48. What are the roles of ministers of state?

Ministers of state can either be given independent charge of ministries/departments or be attached to cabinet ministers. If attached, they work under the supervision and responsibility of cabinet ministers. If independent, they perform similar functions as cabinet ministers for their departments but are not cabinet members and do not attend cabinet meetings unless invited.

49. What are the roles of deputy ministers?

Deputy ministers are not given independent charge. They are attached to cabinet ministers or ministers of state and assist them in administrative, political, and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings.

50. What is the distinction between the Council of Ministers and the Cabinet?

The Council of Ministers is a wider body including all three categories of ministers (cabinet, state, deputy), does not meet as a body for business, and is vested with powers in theory. The Cabinet is a smaller body including only cabinet ministers, is a part of the council of ministers, meets frequently for decisions, and exercises the powers of the council in practice.

51. Is the Council of Ministers a constitutional body?

Yes, the Council of Ministers is a constitutional body, dealt with in Articles 74 and 75.

52. Is the Cabinet a constitutional body?

The Cabinet was inserted in Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. Article 352 defines the cabinet but does not describe its powers and functions. Its role is based on conventions.

53. What is the maximum size of the Council of Ministers as per the 91st Constitutional Amendment Act of 2003?

As per the 91st Constitutional Amendment Act of 2003, the maximum size of the Council of Ministers should not exceed 15% of the total strength of the Lok Sabha.

54. What is the role of the Cabinet in India’s politico-administrative system?

The Cabinet is:

1. The highest decision-making authority.
2. The chief policy formulating body of the Central government.
3. The supreme executive authority of the Central government.
4. The chief coordinator of Central administration.
5. An advisory body to the President (advice is binding).
6. The chief crisis manager.
7. Deals with all major legislative and financial matters.
8. Exercises control over higher appointments.
9. Deals with all foreign policies and foreign affairs.

55. What is the ‘Kitchen Cabinet’ or ‘Inner Cabinet’?

The ‘Kitchen Cabinet’ or ‘Inner Cabinet’ is a still smaller, informal body consisting of the Prime Minister and a few influential colleagues, friends, or family members, acting as the real center of power and assisting in crucial decisions.

56. Why do Prime Ministers resort to the device of an ‘inner cabinet’?

Prime Ministers resort to the ‘inner cabinet’ due to its merits:

1. It is a small unit, making it a more efficient decision-making body.
2. It can meet more often and deal with business more expeditiously.
3. It helps the Prime Minister in maintaining secrecy on important political issues.

57. What are the demerits of the ‘Kitchen Cabinet’?

The demerits of the ‘Kitchen Cabinet’ are:

1. It reduces the authority and status of the cabinet.
2. It circumvents the legal process by allowing outside persons to play an influential role.

58. Which Article deals with the Council of Ministers to aid and advise President?

Article 74 deals with the Council of Ministers to aid and advise President.

59. Which Article deals with Other provisions as to Ministers?

Article 75 deals with Other provisions as to Ministers.

60. Which Article deals with the Conduct of business of the Government of India?

Article 77 deals with the Conduct of business of the Government of India.

61. Which Article deals with Duties of Prime Minister as respects the furnishing of information to the President?

Article 78 deals with Duties of Prime Minister as respects the furnishing of information to the President.

62. Which Article deals with Rights of Ministers as respects the Houses?

Article 88 deals with Rights of Ministers as respects the Houses.

Chapter 22 Cabinet Committees

1. What are Cabinet Committees?

Cabinet Committees are various committees through which the Cabinet works.

2. What are the features of Cabinet Committees?

The features of Cabinet Committees are:

1. They are extra-constitutional in emergence, though provided for in the Rules of Business.
2. They are of two types: standing (permanent) and ad hoc (temporary).
3. They are set up by the Prime Minister, with varying number, nomenclature, and composition.
4. Their membership varies, usually including Cabinet Ministers, but sometimes non-cabinet ministers as members or special invitees.
5. They include Ministers in charge of subjects and other senior Ministers.
6. They are mostly headed by the Prime Minister, or other senior Cabinet Ministers, but the Prime Minister invariably presides if a member.
7. They sort out issues, formulate proposals, and take decisions, which the Cabinet can review.
8. They are an organizational device to reduce Cabinet workload, facilitate in-depth examination, and ensure effective coordination, based on division of labor and delegation.

3. What are the two types of Cabinet Committees?

Cabinet Committees are of two types: standing (permanent) and ad hoc (temporary).

4. Who sets up the Cabinet Committees?

Cabinet Committees are set up by the Prime Minister.

5. Who typically heads the Cabinet Committees?

They are mostly headed by the Prime Minister.

6. What is the role of Cabinet Committees regarding decisions?

They not only sort out issues and formulate proposals for the consideration of the Cabinet, but also take decisions. However, the Cabinet can review their decisions.

7. What is the purpose of Cabinet Committees as an organizational device?

They are an organizational device to reduce the enormous workload of the Cabinet, facilitate in-depth examination of policy issues, and ensure effective coordination, based on the principles of division of labor and effective delegation.

8. What are the 8 functional Cabinet Committees at present?

The 8 functional Cabinet Committees are:

1. Cabinet Committee on Political Affairs
2. Cabinet Committee on Economic Affairs
3. Appointments Committee of the Cabinet
4. Cabinet Committee on Parliamentary Affairs
5. Cabinet Committee on Security
6. Cabinet Committee on Accommodation
7. Cabinet Committee on Investment and Growth
8. Cabinet Committee on Employment and Skill Development

9. What are the functions of the Cabinet Committee on Political Affairs?

The Cabinet Committee on Political Affairs deals with all policy matters pertaining to domestic and foreign affairs.

10. What are the functions of the Cabinet Committee on Economic Affairs?

The Cabinet Committee on Economic Affairs directs and coordinates the governmental activities in the economic sphere.

11. What are the functions of the Appointments Committee of the Cabinet?

The Appointments Committee of the Cabinet decides all higher level appointments in the Central Secretariat, Public Enterprises, Banks, and Financial Institutions.

12. What are the functions of the Cabinet Committee on Parliamentary Affairs?

The Cabinet Committee on Parliamentary Affairs looks after the progress of government business in the Parliament.

13. What are the functions of the Cabinet Committee on Security?

The Cabinet Committee on Security deals with all issues relating to defence, law and order, internal security, and atomic energy.

14. What are the functions of the Cabinet Committee on Accommodation?

The Cabinet Committee on Accommodation deals with all issues regarding the allotment of government accommodation to Members of Parliament, central government employees, other persons, and various organizations.

15. What are the functions of the Cabinet Committee on Investment and Growth?

The Cabinet Committee on Investment and Growth deals with all policy matters aimed at accelerating capital inflows, export promotion, import substitution, and improving ease of doing business.

16. What are the functions of the Cabinet Committee on Employment and Skill Development?

The Cabinet Committee on Employment and Skill Development deals with all issues related to developing skills, enhancing employability of workforce, and increasing women workforce participation.

17. Which Cabinet Committee is considered the most powerful and often described as a “Super-Cabinet”?

The Political Affairs Committee is the most powerful Cabinet Committee, often described as a “Super-Cabinet”.

18. What are Groups of Ministers (GoMs)?

Groups of Ministers (GoMs) are constituted to look into different issues/subjects, in addition to cabinet committees. Some are empowered to take decisions on behalf of the Cabinet, while others make recommendations.

19. What is the role of Groups of Ministers (GoMs) as an instrument of coordination?

The institution of GoMs has become a viable and effective instrument of coordination among ministries. They are ad hoc bodies formed to give recommendations to the cabinet on emergent issues and critical problem areas.

20. What observations did the Second Administrative Reforms Commission (2005–2009) make regarding the working of GoMs?

The Second Administrative Reforms Commission observed that:

1. A large number of GoMs resulted in delays due to infrequent meetings.
2. More selective use of GoMs, with empowerment to decide and prescribed time limits, would lead to more effective coordination.
3. There is a need to ensure existing coordination mechanisms of GoMs function effectively for early issue resolution.

21. Which Article deals with the Council of Ministers to aid and advise President?

Article 74 deals with the Council of Ministers to aid and advise President.

22. Which Article deals with Other provisions as to Ministers?

Article 75 deals with Other provisions as to Ministers.

23. Which Article deals with the Conduct of business of the Government of India?

Article 77 deals with the Conduct of business of the Government of India.

24. Which Article deals with Duties of Prime Minister as respects the furnishing of information to the President?

Article 78 deals with Duties of Prime Minister as respects the furnishing of information to the President.

25. Which Article deals with Rights of Ministers as respects the Houses?

Article 88 deals with Rights of Ministers as respects the Houses.

Chapter 23 Parliament

1. What is the Parliament in the context of the Union government?

The Parliament is the legislative organ of the Union government.

2. What is the significance of the Parliament in the Indian democratic political system?

The Parliament occupies a pre-eminent and central position due to the adoption of the parliamentary form of government, also known as the ‘Westminster’ model.

3. Which Articles in which Part of the Constitution deal with the Parliament?

Articles 79 to 122 in Part V of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers, and so on of the Parliament.

4. What are the three parts of the Parliament of India under the Constitution?

Under the Constitution, the Parliament of India consists of three parts:

1. The President.
2. The Council of States (Rajya Sabha).
3. The House of the People (Lok Sabha).

5. When were the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ adopted for the Council of States and the House of People respectively?

The Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted in 1954.

6. Which House represents the states and union territories and which represents the people of India as a whole?

The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and represents the states and union territories. The Lok Sabha is the Lower House (First Chamber or Popular House) and represents the people of India as a whole.

7. Is the President of India a member of either House of Parliament?

No, the President of India is not a member of either House of Parliament and does not sit in Parliament to attend its meetings.

8. Why is the President considered an integral part of the Parliament?

The President is an integral part of the Parliament because a bill passed by both Houses cannot become law without the President’s assent, and he/she performs functions like summoning/proroguing Houses, dissolving Lok Sabha, addressing Houses, and issuing ordinances.

9. On which pattern did the framers of the Indian Constitution rely regarding the President’s role in Parliament?

The framers of the Indian Constitution relied on the British pattern (Crown-in-Parliament), rather than the American pattern (President not part of Congress).

10. What is the maximum strength of the Rajya Sabha?

The maximum strength of the Rajya Sabha is fixed at 250.

11. How are the members of the Rajya Sabha distributed between representatives of states/union territories and nominated members?

Out of 250, 238 are to be representatives of the states and union territories (elected indirectly), and 12 are nominated by the President.

12. What is the current strength of the Rajya Sabha?

At present, the Rajya Sabha has 245 members.

13. How are the representatives of states in the Rajya Sabha elected?

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies in accordance with the system of proportional representation by means of the single transferable vote.

14. On what basis are seats allotted to states in the Rajya Sabha?

Seats are allotted to states in the Rajya Sabha on the basis of population.

15. How are the representatives of union territories in the Rajya Sabha elected?

The representatives of each union territory are indirectly elected by members of an electoral college specially constituted for the purpose, also by proportional representation by means of the single transferable vote.

16. Which Union Territories have representation in Rajya Sabha?

Out of the eight union territories, only three (Delhi, Puducherry, and Jammu & Kashmir) have representation in Rajya Sabha.

17. How are the 12 nominated members of the Rajya Sabha selected?

The President nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science, and social service.

18. What is the rationale behind the nomination principle for the Rajya Sabha?

The rationale is to provide eminent persons a place in the Rajya Sabha without going through the process of election.

19. What is the maximum strength of the Lok Sabha?

The maximum strength of the Lok Sabha is fixed at 550.

20. How are the members of the Lok Sabha distributed between representatives of states and union territories?

Out of 550, 530 members are to be representatives of the states, and 20 members are to be representatives of the union territories.

21. What is the current strength of the Lok Sabha?

At present, the Lok Sabha has 543 members.

22. How are the representatives of states in the Lok Sabha elected?

The representatives of states in the Lok Sabha are directly elected by the people from territorial constituencies based on the principle of universal adult franchise.

23. What is the voting age for Lok Sabha elections?

Every Indian citizen who is above 18 years of age and not disqualified is eligible to vote. The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

24. How are the representatives of union territories in the Lok Sabha chosen?

The Parliament has empowered itself to prescribe the manner of choosing representatives of union territories. Accordingly, the Union Territories (Direct Election to the House of the People) Act, 1965, provides for their direct election.

25. What provision for nominated members in the Lok Sabha was discontinued by the 104th Amendment Act of 2019?

Before 2020, the President nominated two members from the Anglo-Indian community to the Lok Sabha if not adequately represented. The 104th Amendment Act, 2019, discontinued this provision, effective January 25, 2020.

26. What does the Fourth Schedule of the Constitution deal with?

The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.

27. What are the two provisions the Constitution makes regarding territorial constituencies for direct elections to the Lok Sabha?

The Constitution makes two provisions:

1. Each state is allotted seats such that the ratio between the number of seats and its population is the same for all states (not applicable to states with population less than six million).
2. Each state is divided into territorial constituencies such that the ratio between the population of each constituency and the number of seats allotted is the same throughout the state.

28. What does the expression ‘population’ mean for territorial constituencies?

The expression ‘population’ means the population as ascertained at the preceding census of which the relevant figures have been published.

29. What readjustments are to be made after every census regarding Lok Sabha seats?

After every census, a readjustment is to be made in: (a) Allocation of seats in the Lok Sabha to the states. (b) Division of each state into territorial constituencies.

30. Which Acts has Parliament enacted for delimitation purposes?

Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972, and 2002.

31. What did the 42nd Amendment Act of 1976 do regarding the allocation of seats in the Lok Sabha?

The 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha and the division of each state into territorial constituencies until the year 2000 at the 1971 level.

32. What did the 84th Amendment Act of 2001 do regarding the ban on readjustment of Lok Sabha seats?

The 84th Amendment Act of 2001 extended the ban on readjustment for another 25 years (until 2026) to encourage population limiting measures.

33. What did the 84th Amendment Act of 2001 also empower the government to do regarding territorial constituencies?

The 84th Amendment Act of 2001 empowered the government to undertake readjustment and rationalization of territorial constituencies based on the 1991 census population figures, without altering the total number of seats allotted to each state.

34. What did the 87th Amendment Act of 2003 provide for regarding delimitation of constituencies?

The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of the 2001 census and not 1991 census.

35. Does the Constitution provide for communal representation in the Lok Sabha?

No, the Constitution has abandoned the system of communal representation.

36. Does the Constitution provide for reservation of seats for SCs and STs in the Lok Sabha?

Yes, it provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of population ratios.

37. What is the duration of the reservation of seats for SCs and STs in the Lok Sabha?

Originally, this reservation was for ten years (until 1960), but has been continuously extended. Under the 104th Amendment Act of 2019, this reservation is to last until 2030.

38. How are reserved seats for SCs and STs in the Lok Sabha filled?

Though seats are reserved, they are elected by all voters in a constituency, without any separate electorate. A member of SC/ST is also not debarred from contesting a general (non-reserved) seat.

39. What did the 84th Amendment Act of 2001 provide for regarding the refixing of reserved seats for SCs and STs?

The 84th Amendment Act of 2001 provided for refixing of reserved seats based on the 1991 census population figures, applied to rationalization of general seats.

40. What did the 87th Amendment Act of 2003 provide for regarding the refixing of reserved seats for SCs and STs?

The 87th Amendment Act of 2003 provided for refixing of reserved seats based on the 2001 census and not 1991 census.

41. What system of election has been adopted for the Lok Sabha?

The First-Past-The-Post system (territorial representation) has been adopted for the election of members to the Lok Sabha.

42. What does the First-Past-The-Post system mean?

Under this system, every member represents a geographical area (constituency), from which only one representative is elected. The candidate securing the majority of votes is declared elected.

43. What are the defects of the territorial representation system?

This system does not represent the whole electorate and does not secure due representation to minorities (small groups).

44. What is the aim of the system of proportional representation?

The system of proportional representation aims at removing the defects of territorial representation, ensuring all sections of the people get representation in proportion to their number.

45. What are the two kinds of proportional representation?

The two kinds are single transferable vote system and list system.

46. Which kind of proportional representation is adopted in India for the election of members to the Rajya Sabha, state legislative council, and for electing the President and Vice-President?

In India, the single transferable vote system is adopted.

47. Why did the Constitution not adopt the system of proportional representation for the election of members to the Lok Sabha?

The Constitution did not adopt proportional representation for Lok Sabha due to:

1. Difficulty for voters to understand the complicated system due to low literacy.
2. Unsuitability to parliamentary government due to its tendency to multiply political parties, leading to instability.

48. What are the demerits of the system of proportional representation?

The demerits are:

1. It is highly expensive.
2. It does not give scope for by-elections.
3. It eliminates intimate contacts between voters and representatives.
4. It promotes minority thinking and group interests.
5. It increases the significance of party system and decreases that of voter.

49. Is the Rajya Sabha a continuing chamber?

Yes, the Rajya Sabha is a continuing chamber, meaning it is a permanent body and not subject to dissolution.

50. How often do members of the Rajya Sabha retire?

One-third of its members retire every second year.

51. How are vacant seats in the Rajya Sabha filled?

Vacant seats are filled by fresh elections and Presidential nominations at the beginning of every third year.

52. Are retiring members of the Rajya Sabha eligible for re-election?

Yes, retiring members are eligible for re-election and renomination any number of times.

53. Has the Constitution fixed the term of office of members of the Rajya Sabha?

No, the Constitution has not fixed the term of office of members of the Rajya Sabha, leaving it to Parliament.

54. What did the Representation of the People Act (1951) provide for regarding the term of office of a Rajya Sabha member?

The Representation of the People Act (1951) provided that the term of office of a Rajya Sabha member shall be six years.

55. What power did the Representation of the People Act (1951) give the President regarding the term of members chosen in the first Rajya Sabha?

The Act empowered the President to curtail the term of members chosen in the first Rajya Sabha.

56. Is the Lok Sabha a continuing chamber?

No, unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber.

57. What is the normal term of the Lok Sabha?

Its normal term is five years from the date of its first meeting after general elections, after which it automatically dissolves.

58. Who is authorised to dissolve the Lok Sabha?

The President is authorised to dissolve the Lok Sabha at any time, even before the completion of five years.

59. Can the President’s decision to dissolve the Lok Sabha be challenged in a court of law?

No, the President’s decision to dissolve the Lok Sabha cannot be challenged in a court of law.

60. How can the term of the Lok Sabha be extended during a national emergency?

The term of the Lok Sabha can be extended during a period of national emergency by a law of Parliament for one year at a time for any length of time.

61. What is the maximum period an extension of the Lok Sabha’s term can continue after an emergency ceases to operate?

This extension cannot continue beyond a period of six months after the emergency has ceased to operate.

62. What are the qualifications for a person to be chosen a member of the Parliament?

The Constitution lays down the following qualifications:

1. He/she must be a citizen of India.
2. He/she must make and subscribe to an oath or affirmation before the Election Commission’s authorized person.
3. He/she must be not less than 30 years of age for Rajya Sabha and not less than 25 years of age for Lok Sabha.
4. He/she must possess other qualifications prescribed by Parliament.

63. What are the additional qualifications for Parliamentary membership laid down in the Representation of People Act (1951)?

The Representation of People Act (1951) lays down:

1. He/she must be registered as an elector for a parliamentary constituency.
2. He/she must be a member of a scheduled caste or scheduled tribe to contest a seat reserved for them (but can also contest general seats).

64. What are the disqualifications for being elected as a member of Parliament under the Constitution?

Under the Constitution, a person is disqualified if he/she:

1. Holds any office of profit under the Union or state government (excluding minister or exempted office).
2. Is of unsound mind and so declared by a court.
3. Is an undischarged insolvent.
4. Is not a citizen of India, has acquired foreign citizenship, or is under allegiance to a foreign state.
5. Is so disqualified under any law made by Parliament.

65. What are the additional disqualifications for Parliamentary membership laid down in the Representation of People Act (1951)?

The Representation of People Act (1951) lays down:

1. Found guilty of certain electoral offences or corrupt practices.
2. Convicted for any offence resulting in imprisonment for two or more years (preventive detention is not a disqualification).
3. Failed to lodge election expenses account within time.
4. Has any interest in government contracts, works or services.
5. Is a director or managing agent or holds an office of profit in a corporation with at least 25% government share.
6. Dismissed from government service for corruption or disloyalty to the State.
7. Convicted for promoting enmity between different groups or for bribery.
8. Punished for preaching and practicing social crimes (untouchability, dowry, sati).

66. Who decides questions of disqualification of a member of Parliament?

The President’s decision is final on questions of disqualification, but he/she must obtain the opinion of the Election Commission and act accordingly.

67. What is the disqualification on ground of defection for a member of Parliament?

A person is disqualified if he/she is disqualified on the ground of defection under the provisions of the Tenth Schedule.

68. When does a member incur disqualification under the defection law?

A member incurs disqualification if he/she:

1. Voluntarily gives up membership of the political party on whose ticket he/she was elected.
2. Votes or abstains from voting contrary to party direction.
3. An independently elected member joins any political party.
4. A nominated member joins any political party after six months.

69. Who decides the question of disqualification under the Tenth Schedule?

The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha.

70. Is the decision of the Chairman/Speaker regarding disqualification under the Tenth Schedule subject to judicial review?

Yes, in Kihoto Hollohan case (1992), the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.

71. In what cases does a member of Parliament vacate his/her seat?

A member vacates his/her seat in the following cases:

1. Double Membership: Cannot be a member of both Houses simultaneously.
2. Disqualification: Subject to any constitutional disqualifications.
3. Resignation: Resigns by writing to the Chairman/Speaker.
4. Absence: Absent from all meetings for 60 days without permission.
5. Other cases: Election declared void, expelled by House, elected President/Vice-President, appointed Governor.

72. What happens if a person is elected to both Houses of Parliament?

If elected to both Houses, the person must intimate within 10 days which House he/she desires to serve. Default results in vacation of the Rajya Sabha seat.

73. What happens if a sitting member of one House is also elected to the other House?

His/her seat in the first House becomes vacant.

74. What happens if a person is elected to two seats in a House?

He/she should exercise his/her option for one, otherwise both seats become vacant.

75. What happens if a person is a member of both Parliament and a state legislature?

If a person is elected to both, his/her seat in Parliament becomes vacant if he/she does not resign his/her seat in the state legislature within 14 days.

76. What happens if a member’s resignation is submitted to the Chairman/Speaker?

The seat falls vacant when the resignation is accepted. However, the Chairman/Speaker may not accept it if not satisfied that it is voluntary or genuine.

77. What happens if a member is absent from all meetings of a House for sixty days without permission?

A House can declare the seat of a member vacant if he/she is absent from all its meetings for a period of sixty days without its permission.

78. What does a member of Parliament swear in his/her oath or affirmation before taking seat?

In his/her oath or affirmation, a member of Parliament swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully discharge the duty upon which he/she is about to enter.

79. What is the consequence if a member does not take the oath?

Unless a member takes the oath, he/she cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities.

80. What penalty is a person liable to if he/she sits or votes as a member without taking the oath, being disqualified, or being prohibited?

A person is liable to a penalty of ₹500 for each day he/she sits or votes under these conditions.

81. Who determines the salaries and allowances of Members of Parliament?

The salaries and allowances of Members of Parliament are determined by Parliament.

82. Is there a provision for pension for Members of Parliament in the Constitution?

No, there is no provision for pension in the Constitution, but Parliament provided for it in 1976.

83. What were the salary and allowances of Members of Parliament increased to in 2018?

In 2018, the salary was increased to ₹1,00,000 per month, constituency allowance to ₹70,000 per month, and office expenses allowance to ₹60,000 per month.

84. What is the pension for a person who has served as a Member of Parliament?

In 2018, the pension was increased to ₹25,000 per month. An additional pension of ₹2,000 per month is paid for every year served in excess of five years.

85. Who determines the salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha and the Chairman and Deputy Chairman of Rajya Sabha?

Their salaries and allowances are determined by Parliament and are charged on the Consolidated Fund of India, thus not subject to annual vote.

86. How is the Speaker of Lok Sabha elected?

The Speaker is elected by the Lok Sabha from amongst its members, as soon as may be, after its first sitting.

87. Who fixes the date of election of the Speaker?

The date of election of the Speaker is fixed by the President.

88. What is the tenure of the Speaker of Lok Sabha?

Usually, the Speaker remains in office during the life of the Lok Sabha.

89. In what three cases does the Speaker of Lok Sabha vacate his/her office earlier?

The Speaker vacates office earlier if he/she:

1. Ceases to be a member of the Lok Sabha.
2. Resigns by writing to the Deputy Speaker.
3. Is removed by a resolution passed by a majority of all the then members of the Lok Sabha (effective majority).

90. What is the advance notice period required to move a resolution for the Speaker’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

91. Can the Speaker preside over the House when a resolution for his/her removal is under consideration?

No, when a resolution for the removal of the Speaker is under consideration, he/she cannot preside at the sitting of the House.

92. Can the Speaker speak and vote when a resolution for his/her removal is under consideration?

Yes, he/she can speak and take part in the proceedings and vote in the first instance, but not in the case of an equality of votes.

93. Does the Speaker vacate his/her office when the Lok Sabha is dissolved?

No, whenever the Lok Sabha is dissolved, the Speaker does not vacate his/her office and continues till the newly-elected Lok Sabha meets.

94. What is the role of the Speaker of Lok Sabha?

The Speaker is the head of the Lok Sabha and its representative, the guardian of powers and privileges of members, the House, and its committees, and the principal spokesperson of the House.

95. What are the three sources from which the Speaker of Lok Sabha derives his/her powers and duties?

The Speaker derives powers and duties from:

1. The Constitution of India.
2. The Rules of Procedure and Conduct of Business of Lok Sabha.
3. Parliamentary Conventions (residuary powers).

96. What are the powers and duties of the Speaker of Lok Sabha?

The Speaker’s powers and duties include:

1. Maintaining order and decorum in the House.
2. Final interpreter of the Constitution, Rules of Procedure, and parliamentary precedents within the House.
3. Adjourning the House or suspending meetings in absence of quorum.
4. Not voting in the first instance but exercising a casting vote in case of a tie.
5. Presiding over a joint sitting of both Houses.
6. Allowing a ‘secret’ sitting of the House.
7. Deciding whether a bill is a money bill (decision is final).
8. Deciding disqualifications of members on grounds of defection (subject to judicial review).
9. Acting as ex-officio chairman of the Indian Parliamentary Group.
10. Appointing chairmen of parliamentary committees and supervising their functioning. He/she is chairman of the Business Advisory Committee, Rules Committee, and General Purposes Committee.

97. What provisions ensure the independence and impartiality of the Speaker’s office?

The independence and impartiality are ensured by:

1. Security of tenure: Removal by effective majority, with 50 members’ support for motion.
2. Salaries and allowances fixed by Parliament and charged on Consolidated Fund of India (non-votable).
3. Work and conduct not discussed or criticised in Lok Sabha except on substantive motion.
4. Powers of regulating procedure not subject to Court jurisdiction.
5. Impartiality through casting vote only in case of tie.
6. High position in the order of precedence (seventh rank, higher than cabinet ministers except PM/DPM).

98. What is the convention regarding the Speaker’s party membership in Britain versus India?

In Britain, the Speaker resigns from his/her party and remains politically neutral. In India, this convention is not fully established, and the Speaker does not resign from party membership.

99. How is the Deputy Speaker of Lok Sabha elected?

The Deputy Speaker is elected by the Lok Sabha itself from amongst its members, after the Speaker’s election.

100. Who fixes the date of election of the Deputy Speaker?

The date of election of the Deputy Speaker is fixed by the Speaker.

101. What is the tenure of the Deputy Speaker of Lok Sabha?

Like the Speaker, the Deputy Speaker remains in office usually during the life of the Lok Sabha.

102. In what three cases does the Deputy Speaker of Lok Sabha vacate his/her office earlier?

The Deputy Speaker vacates office earlier if he/she:

1. Ceases to be a member of the Lok Sabha.
2. Resigns by writing to the Speaker.
3. Is removed by a resolution passed by a majority of all the then members of the Lok Sabha (effective majority).

103. What is the advance notice period required to move a resolution for the Deputy Speaker’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

104. What are the duties of the Deputy Speaker of Lok Sabha?

The Deputy Speaker performs the duties of the Speaker’s office when it is vacant, and acts as the Speaker when the latter is absent from a sitting of the House. In both cases, he/she assumes all powers of the Speaker.

105. Can the Deputy Speaker preside over a joint sitting of both Houses of Parliament?

Yes, the Deputy Speaker also presides over the joint sitting of both Houses of Parliament if the Speaker is absent from such a sitting.

106. Is the Deputy Speaker subordinate to the Speaker?

No, the Deputy Speaker is not subordinate to the Speaker. He/she is directly responsible to the House.

107. What special privilege does the Deputy Speaker have regarding parliamentary committees?

Whenever the Deputy Speaker is appointed as a member of a parliamentary committee, he/she automatically becomes its chairman.

108. What is the convention regarding the party affiliation of the Speaker and Deputy Speaker?

Usually, the Speaker comes from the ruling party (or ruling alliance), while the post of Deputy Speaker goes to the opposition party (or opposition alliance).

109. Do the Speaker and Deputy Speaker make a separate oath or affirmation upon assuming office?

No, the Speaker and Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.

110. When did the institutions of Speaker and Deputy Speaker originate in India?

The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague–Chelmsford Reforms).

111. What were the original names for the Speaker and Deputy Speaker before 1947?

Before 1947, they were called the President and Deputy President respectively.

112. Who was the first Speaker and first Deputy Speaker of the central legislative assembly appointed by the Governor-General of India in 1921?

In 1921, Frederick Whyte was the first Speaker and Sachidanand Sinha was the first Deputy Speaker.

113. Who was the first Indian and first elected Speaker of the central legislative assembly in 1925?

In 1925, Vithalbhai J. Patel became the first Indian and first elected Speaker.

114. Who had the distinction of being the first Speaker and first Deputy Speaker of the Lok Sabha?

G.V. Mavalankar was the first Speaker and Ananthasayanam Ayyangar was the first Deputy Speaker of the Lok Sabha.

115. What is the Panel of Chairpersons of Lok Sabha?

Under the Rules of Lok Sabha, the Speaker nominates a panel of not more than ten chairpersons from amongst the members. Any of them can preside over the House in the absence of the Speaker or Deputy Speaker.

116. What are the powers of a member from the Panel of Chairpersons when presiding over the House?

When presiding, a member from the Panel of Chairpersons has the same power as the Speaker.

117. What is the tenure of a member from the Panel of Chairpersons?

He/she holds office until a new panel of chairpersons is nominated.

118. What happens if a member of the Panel of Chairpersons is also not present?

If a member of the Panel of Chairpersons is also not present, any other person as determined by House acts as the Speaker.

119. Can a member of the Panel of Chairpersons preside when the office of the Speaker or Deputy Speaker is vacant?

No, a member of the panel of chairpersons cannot preside when the office of the Speaker or the Deputy Speaker is vacant.

120. Who performs the Speaker’s duties when the office of Speaker or Deputy Speaker is vacant?

During such time, the Speaker’s duties are to be performed by such member of the House as the President may appoint for the purpose.

121. What is a Speaker Pro Tem?

As provided by the Constitution, the Speaker of the last Lok Sabha vacates his/her office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.

122. Who is usually selected as the Speaker Pro Tem?

Usually, the seniormost member is selected for this.

123. Who administers the oath to the Speaker Pro Tem?

The President administers oath to the Speaker Pro Tem.

124. What are the powers and duties of the Speaker Pro Tem?

The Speaker Pro Tem has all the powers of the Speaker. His/her main duty is to administer oath to the new members and enable the House to elect the new Speaker.

125. When does the office of the Speaker Pro Tem cease to exist?

When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist.

126. Who is the presiding officer of the Rajya Sabha?

The presiding officer of the Rajya Sabha is known as the Chairman.

127. Who is the ex-officio Chairman of the Rajya Sabha?

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

128. Does the Chairman of Rajya Sabha perform his/her duties when the Vice-President acts as President?

No, during any period when the Vice-President acts as President or discharges the functions of the President, he/she does not perform the duties of the office of the Chairman of Rajya Sabha.

129. How can the Chairman of Rajya Sabha be removed from office?

The Chairman of the Rajya Sabha can be removed from his/her office only if he/she is removed from the office of the Vice-President.

130. What are the powers and functions of the Chairman of Rajya Sabha as a presiding officer?

As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.

131. What are the two special powers of the Speaker that are not enjoyed by the Chairman?

The Speaker has two special powers not enjoyed by the Chairman:

1. The Speaker decides whether a bill is a money bill or not.
2. The Speaker presides over a joint sitting of two Houses of Parliament.

132. Is the Chairman of Rajya Sabha a member of the House?

No, unlike the Speaker (who is a member of the House), the Chairman is not a member of the House.

133. Can the Chairman of Rajya Sabha vote in the first instance?

No, the Chairman also cannot vote in the first instance. He/she can cast a vote in the case of an equality of votes.

134. Can the Vice-President preside over a sitting of the Rajya Sabha when a resolution for his/her removal is under consideration?

No, the Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his/her removal is under consideration.

135. Can the Vice-President be present and speak in the House when a resolution for his/her removal is under consideration?

Yes, he/she can be present and speak in the House and can take part in its proceedings, without voting.

136. Who determines the salaries and allowances of the Chairman of Rajya Sabha?

The salaries and allowances of the Chairman are fixed by the Parliament and are charged on the Consolidated Fund of India.

137. What salary and allowance is the Chairman of Rajya Sabha entitled to when the Vice-President acts as President?

During any period when the Vice-President acts as President, he/she is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha, but is paid the salary and allowance of the President.

138. How is the Deputy Chairman of Rajya Sabha elected?

The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members.

139. In what three cases does the Deputy Chairman of Rajya Sabha vacate his/her office?

The Deputy Chairman vacates office if he/she:

1. Ceases to be a member of the Rajya Sabha.
2. Resigns by writing to the Chairman.
3. Is removed by a resolution passed by a majority of all the then members of the Rajya Sabha (effective majority).

140. What is the advance notice period required to move a resolution for the Deputy Chairman’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

141. What are the duties of the Deputy Chairman of Rajya Sabha?

The Deputy Chairman performs the duties of the Chairman’s office when it is vacant, and acts as the Chairman when the latter is absent from a sitting of the council. In both cases, he/she has all the powers of the Chairman.

142. Is the Deputy Chairman of Rajya Sabha subordinate to the Chairman?

No, the Deputy Chairman is not subordinate to the Chairman. He/she is directly responsible to the Rajya Sabha.

143. Can the Deputy Chairman of Rajya Sabha vote in the first instance?

No, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he/she can only exercise a casting vote in the case of a tie.

144. Can the Deputy Chairman of Rajya Sabha preside over the House when a resolution for his/her removal is under consideration?

No, when a resolution for the removal of the Deputy Chairman is under consideration, he/she cannot preside over a sitting of the House.

145. Who determines the salaries and allowances of the Deputy Chairman of Rajya Sabha?

The salaries and allowances of the Deputy Chairman are fixed by Parliament and are charged on the Consolidated Fund of India.

146. What is the Panel of Vice-Chairpersons of Rajya Sabha?

Under the Rules of Rajya Sabha, the Chairman nominates from amongst the members a panel of vice-chairpersons. Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.

147. What are the powers of a member from the Panel of Vice-Chairpersons when presiding over the House?

When presiding, a member from the Panel of Vice-Chairpersons has the same powers as the Chairman.

148. What is the tenure of a member from the Panel of Vice-Chairpersons?

He/she holds office until a new panel of vice-chairpersons is nominated.

149. What happens if a member of the Panel of Vice-Chairpersons is also not present?

If a member of the Panel of Vice-Chairpersons is also not present, any other person as determined by the House acts as the Chairman.

150. Can a member of the Panel of Vice-Chairpersons preside when the office of the Chairman or Deputy Chairman is vacant?

No, a member of the panel of vice-chairpersons cannot preside when the office of the Chairman or the Deputy Chairman is vacant.

151. Who performs the Chairman’s duties when the office of Chairman or Deputy Chairman is vacant?

During such time, the Chairman’s duties are to be performed by such member of the House as the President may appoint for the purpose.

152. Does each House of Parliament have separate secretarial staff?

Yes, each House of Parliament has separate secretarial staff of its own, though some posts can be common.

153. Who heads the secretariat of each House?

The secretariat of each House is headed by a secretary-general.

154. What is the role of the secretary-general?

The secretary-general is a permanent officer and is appointed by the presiding officer of the House.

155. What is the ‘Leader of the House’ in the Lok Sabha?

Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he/she is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister.

156. Is there a ‘Leader of the House’ in the Rajya Sabha?

Yes, there is also a ‘Leader of the House’ in the Rajya Sabha, who is a minister and a member of the Rajya Sabha, nominated by the prime minister.

157. What is the role of the Leader of the House?

The Leader of the House is an important functionary and exercises direct influence on the conduct of business. He/she can also nominate a deputy leader.

158. What is the equivalent functionary in the USA to the Leader of the House?

The same functionary in the USA is known as the ‘majority leader’.

159. What is the ‘Leader of the Opposition’ in each House of Parliament?

In each House of Parliament, there is the ‘Leader of the Opposition’.

160. What are the main functions of the Leader of the Opposition?

The main functions are to provide constructive criticism of government policies and to provide an alternative government.

161. When were the leaders of Opposition accorded statutory recognition?

The leaders of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977 under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

162. What is the minimum numerical strength required for a party to be recognized as a political party by the Chairman or Speaker?

The minimum numerical strength required for recognition as a political party is one-tenth of the total membership of that House.

163. What is the ‘Shadow Cabinet’ in the British political system?

The ‘Shadow Cabinet’ is a unique institution formed by the Opposition party to balance the ruling cabinet and prepare its members for future ministerial offices.

164. What is the role of the ‘Shadow Cabinet’?

It serves as the ‘alternate cabinet’ if there is a change of government.

165. What is the equivalent functionary in the USA to the Leader of the Opposition?

The same functionary in the USA is known as the ‘minority leader’.

166. Is the office of ‘whip’ mentioned in the Constitution of India or the Rules of the House?

No, the office of ‘whip’ is mentioned neither in the Constitution of India nor in the Rules of the House. It is based on parliamentary conventions.

167. What is the role of a whip in a political party?

Every political party has its own Chief whip and whips. The whip is appointed by the political party to serve as an assistant floor leader, ensuring attendance of party members and securing their support for/against issues, and regulating their behavior.

168. Who is the Chief whip of the government party in the Lok Sabha?

The Chief whip of the government party in the Lok Sabha is the Minister of Parliamentary Affairs.

169. Who holds the position of Chief whip of the government party in the Rajya Sabha?

In the Rajya Sabha, the Minister of State for Parliamentary Affairs holds this position.

170. To whom is the Chief whip directly responsible?

The Chief whip is directly responsible to the leader of the House.

171. What facilities are Chief whips of recognized parties and groups entitled to?

Chief whips of recognized parties and groups are entitled to telephone and secretarial facilities under the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998.

172. What is the minimum strength for a party to be considered a recognized party under the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998?

A recognized party means every party which has a strength of not less than fifty-five members in the Lok Sabha and twenty-five members in the Rajya Sabha.

173. What is the minimum strength for a party to be considered a recognized group under the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998?

A recognized group means every party which has a strength of not less than thirty members in the Lok Sabha and fifteen members in the Rajya Sabha.

174. Who summons each House of Parliament?

The President from time to time summons each House of Parliament.

175. What is the maximum gap allowed between two sessions of Parliament?

The maximum gap between two sessions of Parliament cannot be more than six months. In other words, Parliament should meet at least twice a year.

176. What are the three usual sessions of Parliament in a year?

The three usual sessions are:

1. The Budget Session (February to May).
2. The Monsoon Session (July to September).
3. The Winter Session (November to December).

177. What is a ‘session’ of Parliament?

A ‘session’ of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha).

178. What is a ‘recess’ in Parliament?

The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’.

179. What is Adjournment in Parliament?

Adjournment suspends the work in a sitting for a specified time (hours, days, or weeks).

180. What is Adjournment Sine Die?

Adjournment sine die means terminating a sitting of Parliament for an indefinite period (without naming a day for reassembly).

181. Who holds the power of adjournment and adjournment sine die?

The power of adjournment as well as adjournment sine die lies with the presiding officer of the House.

182. What is Prorogation in Parliament?

Prorogation is when the presiding officer declares the House adjourned sine die after business is completed, and the President issues a notification for prorogation. It terminates a session of the House.

183. Can the President prorogue the House while it is in session?

Yes, the President can also prorogue the House while in session.

184. What is the key difference between adjournment and prorogation?

Adjournment only terminates a sitting, while prorogation terminates a session of the House.

185. How do adjournment and prorogation affect pending bills or business?

Adjournment does not affect pending bills or business; they can be resumed. Prorogation also does not affect bills or business, but all pending notices (except for introducing bills) lapse.

186. Which House of Parliament is not subject to dissolution?

The Rajya Sabha, being a permanent House, is not subject to dissolution.

187. Which House of Parliament is subject to dissolution?

Only the Lok Sabha is subject to dissolution.

188. What is the difference between prorogation and dissolution?

Unlike prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections.

189. What are the two ways in which the dissolution of the Lok Sabha may take place?

The dissolution of the Lok Sabha may take place in two ways:

1. Automatic dissolution on the expiry of its five-year tenure or extended terms during an emergency.
2. When the President decides to dissolve the House.

190. Is the President’s decision to dissolve the Lok Sabha irrevocable?

Yes, once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

191. What happens to all business pending before the Lok Sabha when it is dissolved?

When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions, and so on pending before it or its committees lapse. They must be reintroduced in the newly-constituted Lok Sabha.

192. What happens to a bill pending in the Lok Sabha (whether originating there or transmitted from Rajya Sabha) upon dissolution?

A bill pending in the Lok Sabha lapses.

193. What happens to a bill passed by the Lok Sabha but pending in the Rajya Sabha upon dissolution?

A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.

194. What happens to a bill not passed by the two Houses due to disagreement, if the President has notified a joint sitting before dissolution?

Such a bill does not lapse.

195. What happens to a bill pending in the Rajya Sabha but not passed by the Lok Sabha upon dissolution?

A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.

196. What happens to a bill passed by both Houses but pending assent of the President upon dissolution?

A bill passed by both Houses but pending assent of the President does not lapse.

197. What happens to a bill passed by both Houses but returned by the President for reconsideration upon dissolution?

A bill passed by both Houses but returned by the President for reconsideration does not lapse.

198. What is Quorum in Parliament?

Quorum is the minimum number of members required to be present in the House before it can transact any business.

199. What is the quorum for a meeting of a House of Parliament?

The quorum is one-tenth of the total number of members in each House, including the presiding officer. This means at least 55 members for Lok Sabha and 25 members for Rajya Sabha.

200. What is the duty of the presiding officer if there is no quorum during a meeting?

If there is no quorum, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

201. How are matters decided at any sitting of either House or joint sitting of both Houses?

Matters are decided by a majority of votes of the members present and voting, excluding the presiding officer.

202. What is the role of the presiding officer regarding voting in case of a tie?

The presiding officer does not vote in the first instance, but exercises a casting vote in the case of an equality of votes.

203. What are the three methods of holding a Division for voting in the Lok Sabha?

The three methods are: (a) By operating the Automatic Vote Recording Equipment. (b) By distributing ‘Ayes’ and ‘Noes’ slips in the House. (c) By members going into the Lobbies.

204. What are the official languages for transacting business in the Parliament?

The Constitution has declared Hindi and English to be the languages for transacting business in the Parliament.

205. Can a member address the House in his/her mother-tongue?

Yes, the presiding officer can permit a member to address the House in his/her mother-tongue.

206. What happens if a member addresses the House in a language for which simultaneous interpretation facility is not available?

He/she has to provide a translation copy of his/her speech in Hindi or English.

207. What did the Official Languages Act (1963) allow regarding the continuation of English as a floor language?

Though English was to be discontinued after fifteen years (1965), the Official Languages Act (1963) allowed English to be continued along with Hindi.

208. What rights do ministers and the attorney general of India have in Parliament?

Every minister and the attorney general of India have the right to speak and take part in the proceedings of either House, any joint sitting, and any committee of Parliament of which he/she is a member, without being entitled to vote.

209. What are the two reasons for the constitutional provision regarding the rights of ministers and attorney general?

The two reasons are:

1. A minister can participate in the proceedings of a House of which he/she is not a member.
2. A minister who is not a member of either House can participate in the proceedings of both Houses.

210. What is a Lame-duck Session?

A Lame-duck Session refers to the last session of the preceding Lok Sabha, after a new Lok Sabha has been elected.

211. Who are called lame-ducks?

Those members of the preceding Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks.

212. What was the purpose of lame-duck sessions in the years 1957 and 1962?

The purpose was to pass the Vote on Account to enable the government to carry on till the new Lok Sabha was constituted.

213. What are the four types of majority required to determine various matters in the Parliament?

The four types of majority are:

1. Simple Majority
2. Effective Majority
3. Absolute Majority
4. Special Majority

214. What is Simple Majority?

Simple Majority is a majority of the members present and voting in the House. It is also known as ordinary majority or functional majority or working majority.

215. What does Article 100 state regarding simple majority?

Article 100 states that, unless otherwise provided, all questions at any sitting of either House or joint sitting shall be determined by a majority of votes of the members present and voting.

216. In what cases is simple majority required?

Simple majority is required for: (a) Passing ordinary bills, money bills, and financial bills. (b) Passing Adjournment Motion, No-Confidence Motion, Confidence Motion, Censure Motion, and Motion of Thanks. (c) Removal of the Vice-President in the Lok Sabha (Article 67). (d) Approval of the imposition of the President’s Rule (Article 356). (e) Approval of the proclamation of financial emergency (Article 360). (f) Election of the Speaker and the Deputy Speaker of the Lok Sabha (Article 93). (g) Election of the Deputy Chairman of the Rajya Sabha (Article 89). (h) Passing a resolution by the Lok Sabha for disapproving the continuance of the national emergency (Article 352).

217. What is Effective Majority?

Effective Majority means a majority of the total membership of the House excluding the vacant seats. It is also known as a majority of the effective strength of the House.

218. What is the effective majority for the Rajya Sabha and Lok Sabha?

For Rajya Sabha (total 245 members), if there are 25 vacant seats, effective majority is 111. For Lok Sabha (total 543 members), if there are 15 vacant seats, effective majority is 265.

219. In what cases is effective majority required?

Effective majority is required for: (a) Removal of the Vice-President in the Rajya Sabha (Article 67). (b) Removal of the Deputy Chairman of the Rajya Sabha (Article 90). (c) Removal of the Speaker and the Deputy Speaker of the Lok Sabha (Article 94).

220. What is Absolute Majority?

Absolute Majority means a majority of the total membership of the House, irrespective of vacant seats or absentees.

221. What is the absolute majority for the Rajya Sabha and Lok Sabha?

For Rajya Sabha (total 245 members), absolute majority is 123. For Lok Sabha (total 543 members), absolute majority is 272.

222. Is absolute majority prescribed as a standalone requirement by the Constitution?

No, absolute majority is not prescribed by the Constitution as a standalone requirement, but it is required as a component of special majority (Special Majority-I).

223. What is Special Majority-I?

Special Majority-I requires a majority of the total membership of each House and a two-thirds majority of the members present and voting.

224. In what cases is Special Majority-I required?

Special Majority-I is required for: (a) Amendment of the Constitution (Article 368). (b) Removal of Supreme Court Judges (Article 124). (c) Removal of High Court Judges (Article 217). (d) Removal of the Comptroller and Auditor General of India (Article 148). (e) Removal of the Chief Election Commissioner (Article 324). (f) Removal of the State Election Commissioner (Article 243K). (g) Parliamentary approval of proclamation of national emergency (Article 352).

225. What is Special Majority-II?

Special Majority-II requires a two-thirds majority of the total membership of each House.

226. In what case is Special Majority-II required?

Special Majority-II is required for the impeachment of the President (Article 61).

227. What is Special Majority-III?

Special Majority-III requires a two-thirds majority of the members present and voting in the Rajya Sabha.

228. In what cases is Special Majority-III required?

Special Majority-III is required for: (a) Recommendation for the creation of new All-India Services (Article 312). (b) Parliamentary legislation on matters in the State List (Article 249).

229. What is the Question Hour in Parliament?

The Question Hour is the first hour of every parliamentary sitting, during which members ask questions and ministers usually give answers.

230. What are the three kinds of questions asked during the Question Hour?

The three kinds of questions are: starred, unstarred, and short notice.

231. What is a starred question?

A starred question (distinguished by an asterisk) requires an oral answer, and supplementary questions can follow.

232. What is an unstarred question?

An unstarred question requires a written answer, and supplementary questions cannot follow.

233. What is a short notice question?

A short notice question is one asked by giving a notice of less than ten days, and it is answered orally.

234. Can questions be asked to private members during the Question Hour?

Yes, questions can also be asked to private members if the subject matter relates to a Bill, resolution, or other business for which that member is responsible.

235. What is the Zero Hour in Parliament?

The Zero Hour is an informal device, not mentioned in the Rules of Procedure, allowing members to raise matters of urgent public importance immediately after the Question Hour and lasting until the day’s agenda is taken up. It is an Indian innovation since 1962.

236. What is a Motion in Parliament?

A Motion is a proposal made with the consent of the presiding officer to raise discussions on matters of general public importance. The House expresses its decisions or opinions through the adoption or rejection of motions.

237. What are the three principal categories of motions moved by members?

The three principal categories of motions are:

1. Substantive Motion.
2. Substitute Motion.
3. Subsidiary Motion.

238. What is a Substantive Motion?

A Substantive Motion is a self-contained independent proposal dealing with a very important matter, such as the impeachment of the President or removal of the Chief Election Commissioner.

239. What is a Substitute Motion?

A Substitute Motion is moved in substitution of an original motion, proposing an alternative. If adopted, it supersedes the original motion.

240. What is a Subsidiary Motion?

A Subsidiary Motion has no independent meaning and cannot state the House’s decision without reference to the original motion or proceedings. It is divided into Ancillary Motion, Superseding Motion, and Amendment.

241. What is a Closure Motion?

A Closure Motion is moved by a member to cut short the debate on a matter before the House. If approved, debate stops and the matter is put to vote.

242. What are the four kinds of closure motions?

The four kinds of closure motions are: (a) Simple Closure: “matter sufficiently discussed, now put to vote.” (b) Closure by Compartments: Clauses of a bill/resolution grouped, debated as a whole, then entire part put to vote. (c) Kangaroo Closure: Only important clauses debated and voted, intervening clauses skipped. (d) Guillotine Closure: Undiscussed clauses of a bill/resolution put to vote along with discussed ones due to lack of time.

243. What is a Privilege Motion?

A Privilege Motion is concerned with the breach of parliamentary privileges by a minister. It is moved when a member feels a minister has withheld facts or given wrong/distorted facts, aiming to censure the minister.

244. What is a Calling Attention Motion?

A Calling Attention Motion is introduced by a member to call the attention of a minister to a matter of urgent public importance and seek an authoritative statement. It is an Indian innovation since 1954 and is mentioned in the Rules of Procedure.

245. What is an Adjournment Motion?

An Adjournment Motion is introduced to draw attention to a definite matter of urgent public importance, requiring the support of 50 members for admission. It interrupts normal business and involves an element of censure against the government.

246. Which House is not permitted to make use of an Adjournment Motion?

The Rajya Sabha is not permitted to make use of an Adjournment Motion.

247. What are the restrictions on the right to move an Adjournment Motion?

The right is subject to restrictions:

1. Must raise a definite, factual, urgent, and public importance matter.
2. Should not cover more than one matter.
3. Restricted to a specific, recent occurrence, not general terms.
4. Should not raise a question of privilege.
5. Should not revive discussion on a matter already discussed in the same session.
6. Should not deal with matters under adjudication by court.
7. Should not raise questions that can be raised on a distinct motion.

248. What is a No-Confidence Motion?

A No-Confidence Motion is a motion that, if passed by the Lok Sabha, signifies that the council of ministers has lost the confidence of the majority, leading to their resignation. It needs the support of 50 members to be admitted.

249. What is a Confidence Motion?

A Confidence Motion is a procedural device where the government seeks to prove its majority on the floor of the House, especially in situations of fractured mandates or hung parliaments. If negatived, it results in the fall of the government.

250. What is a Censure Motion?

A Censure Motion is moved to censure the council of ministers for specific policies and actions. If passed, the council of ministers need not resign.

251. What is the difference between a Censure Motion and a No-Confidence Motion?

A Censure Motion must state reasons, can be against individual ministers or groups, and does not require resignation if passed. A No-Confidence Motion need not state reasons, is only against the entire council, and requires resignation if passed.

252. What is a Motion of Thanks?

The Motion of Thanks is a motion discussed in both Houses of Parliament after the President’s address at the commencement of the first session after each general election and the first session of every fiscal year. It outlines government policies and must be passed; otherwise, it amounts to the defeat of the government.

253. What is a No-Day-Yet-Named Motion?

A No-Day-Yet-Named Motion is a motion admitted by the Speaker but for which no date has been fixed for its discussion.

254. What is a Dilatory Motion?

A Dilatory Motion is a motion for the adjournment of the debate on a bill/motion/resolution, or to retard/delay business. It can be moved at any time after a motion has been made.

255. What is a Point of Order?

A Point of Order can be raised by a member when the proceedings of the House do not follow the normal rules of procedure. It relates to the interpretation or enforcement of Rules of the House or constitutional articles regulating business. No debate is allowed on it.

256. What is a Half-an-Hour Discussion?

A Half-an-Hour Discussion is meant for discussing a matter of sufficient public importance that has been subjected to a lot of debate and requires elucidation of facts. The Speaker can allot three days a week for such discussions. There is no formal motion or voting.

257. What is a Short Duration Discussion?

A Short Duration Discussion, also known as a two-hour discussion, allows members to raise matters of urgent public importance. The Speaker can allot two days a week. There is neither a formal motion nor voting. This device has existed since 1953.

258. What is a Special Mention?

A Special Mention is a procedural device in the Rajya Sabha for raising matters that are not points of order or cannot be raised during Question Hour, Half-an-Hour Discussion, Short Duration Discussion, or Adjournment Motion. Its Lok Sabha equivalent is ‘Notice (Mention) Under Rule 377’.

259. What is a Resolution in Parliament?

A Resolution is a self-contained independent proposal submitted for the approval of the House, drafted to express a decision of the House. All resolutions are substantive motions.

260. What are the objectives of a resolution?

A resolution may have the following objectives: (i) A declaration of opinion or a recommendation. (ii) To record approval or disapproval of a government act or policy. (iii) Convey a message or commend, urge, or request an action. (iv) Call attention to a matter or situation for consideration by the government.

261. What are the three categories of resolutions?

Resolutions are classified into three categories:

1. Private Member’s Resolution.
2. Government Resolution.
3. Statutory Resolution.

262. What is a Private Member’s Resolution?

A Private Member’s Resolution is moved by a private member (not a minister) and is discussed only on alternate Fridays in the afternoon sitting.

263. What are the three kinds of Government Resolutions?

The three kinds of Government Resolutions are: (a) Resolutions approving international treaties, conventions or agreements. (b) Resolutions declaring or approving certain government policies. (c) Resolutions approving recommendations of certain committees.

264. What is a Statutory Resolution?

A Statutory Resolution can be moved by either a private member or a minister. It is so called because it is in pursuance of a provision in the Constitution or an Act of Parliament.

265. What is the Youth Parliament scheme and its objectives?

The Youth Parliament scheme was started on the recommendation of the Fourth All India Whips Conference. Its objectives are:

1. To acquaint younger generations with Parliamentary practices and procedures.
2. To imbibe the spirit of discipline and tolerance, cultivating character.
3. To inculcate basic values of democracy and enable a proper perspective on democratic institutions.

266. What are the two kinds of bills introduced in the Parliament?

The bills introduced in the Parliament are of two kinds: public bills and private bills (also known as government bills and private members’ bills).

267. What are the differences between Public Bills and Private Bills?

Public Bills are introduced by a minister, reflect government policies, have a greater chance of approval, their rejection implies no-confidence, require seven days’ notice, and are drafted by the concerned department. Private Bills are introduced by any member other than a minister, do not reflect government policies, have lesser chance of approval, their rejection has no implication on confidence, require one month’s notice, and are drafted by the member concerned.

268. What are the four types of bills based on the procedure required for their passage in Parliament?

The four types of bills are:

1. Ordinary bills.
2. Money bills.
3. Financial bills.
4. Constitution amendment bills.

269. What are the five stages an ordinary bill passes through in Parliament?

An ordinary bill passes through five stages:

1. First Reading.
2. Second Reading.
3. Third Reading.
4. Bill in the Second House.
5. Assent of the President.

270. What happens during the First Reading of an ordinary bill?

During the First Reading, a bill can be introduced in either House. The member asks for leave, introduces the bill by reading its title and objectives. No discussion takes place. The bill is then published in the Gazette of India.

271. What happens during the Second Reading of an ordinary bill?

During the Second Reading, the bill receives general and detailed scrutiny, assuming its final shape. It involves three sub-stages: general discussion, committee stage, and consideration stage.

272. What are the four actions the House can take during the Stage of General Discussion of an ordinary bill?

At this stage, the House can: (i) Take the bill into consideration immediately or on a fixed date. (ii) Refer the bill to a select committee of the House. (iii) Refer the bill to a joint committee of the two Houses. (iv) Circulate the bill to elicit public opinion.

273. What is the usual practice regarding the Committee Stage of an ordinary bill?

The usual practice is to refer the bill to a select committee of the House. This committee examines the bill thoroughly, can amend provisions (without altering principles), and reports back to the House.

274. What happens during the Consideration Stage of an ordinary bill?

During the Consideration Stage, the House considers the bill clause by clause. Each clause is discussed and voted upon separately. Members can move amendments, which if accepted, become part of the bill.

275. What happens during the Third Reading of an ordinary bill?

During the Third Reading, the debate is confined to the acceptance or rejection of the bill as a whole, with no amendments allowed. If the majority of members present and voting accept the bill, it is passed by the House and transmitted to the second House.

276. When is an ordinary bill deemed to have been passed by Parliament?

A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.

277. What are the four alternatives before the Second House when an ordinary bill is transmitted to it?

The Second House has four alternatives: (a) Pass the bill without amendments. (b) Pass the bill with amendments and return it for reconsideration. (c) Reject the bill altogether. (d) Not take any action and keep the bill pending.

278. When is a deadlock deemed to have taken place between the two Houses over an ordinary bill?

A deadlock is deemed to have taken place if the first House rejects the amendments suggested by the second House, or the second House rejects the bill altogether, or the second House does not take any action for six months.

279. How can a deadlock between the two Houses over an ordinary bill be resolved?

To resolve a deadlock, the President can summon a joint sitting of the two Houses.

280. What is the President’s role after a bill is passed by both Houses of Parliament and presented for assent?

The President has three alternatives: give assent, withhold assent, or return the bill for reconsideration.

281. What happens if the President gives assent to a bill?

If the President gives assent, the bill becomes an act and is placed on the Statute Book.

282. What happens if the President withholds assent to a bill?

If the President withholds assent, the bill ends and does not become an act.

283. What happens if the President returns a bill for reconsideration and it is passed again by both Houses?

If the President returns the bill for reconsideration and it is passed again by both Houses, the President must give his/her assent to the bill.

284. What type of veto does the President enjoy regarding ordinary bills?

The President enjoys only a “suspensive veto” for ordinary bills.

285. What does Article 110 of the Constitution deal with?

Article 110 of the Constitution deals with the definition of money bills.

286. What matters must a bill contain ‘only’ to be deemed a money bill?

A bill is deemed a money bill if it contains ‘only’ provisions dealing with all or any of the following:

1. Imposition, abolition, remission, alteration, or regulation of any tax.
2. Regulation of borrowing of money by the Union government.
3. Custody of the Consolidated Fund of India or contingency fund, payment/withdrawal of money from such funds.
4. Appropriation of money out of the Consolidated Fund of India.
5. Declaration of any expenditure charged on the Consolidated Fund of India or increasing its amount.
6. Receipt of money on account of the Consolidated Fund of India or public account, custody/issue of such money, or audit of Union/state accounts.
7. Any matter incidental to the above.

287. What provisions do not cause a bill to be deemed a money bill?

A bill is not deemed a money bill merely because it provides for:

1. Imposition of fines or other pecuniary penalties.
2. Demand or payment of fees for licenses or services.
3. Imposition, abolition, remission, alteration, or regulation of any tax by a local authority for local purposes.

288. Who makes the final decision on whether a bill is a money bill or not?

If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final.

289. Can the Speaker’s decision on a money bill be questioned in any court of law?

No, the Speaker’s decision in this regard cannot be questioned in any court of law or in either House of Parliament or by the President.

290. What is the procedure for introducing a money bill in Parliament?

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President. It is considered a government bill and introduced only by a minister.

291. What are the Rajya Sabha’s powers regarding a money bill?

The Rajya Sabha has restricted powers over a money bill. It cannot reject or amend it, but can only make recommendations. It must return the bill to the Lok Sabha within 14 days.

292. What happens if the Lok Sabha accepts the Rajya Sabha’s recommendations on a money bill?

If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both Houses in the modified form.

293. What happens if the Lok Sabha does not accept the Rajya Sabha’s recommendations on a money bill?

If the Lok Sabha does not accept any recommendation, the bill is then deemed to have passed by both Houses in the form originally passed by the Lok Sabha without any change.

294. What happens if the Rajya Sabha does not return a money bill to the Lok Sabha within 14 days?

If the Rajya Sabha does not return the bill within 14 days, the bill is deemed to have been passed by both Houses in the form originally passed by the Lok Sabha.

295. Which House has more powers regarding a money bill?

The Lok Sabha has more powers than Rajya Sabha with regard to a money bill.

296. Do both Houses have equal powers regarding an ordinary bill?

Yes, both Houses have equal powers with regard to an ordinary bill.

297. What are the President’s alternatives when a money bill is presented for assent?

When a money bill is presented to the President, he/she may either give his/her assent to the bill or withhold his/her assent, but cannot return the bill for reconsideration.

298. What are Financial Bills?

Financial bills are those bills that deal with fiscal matters (revenue or expenditure). The Constitution uses the term in a technical sense, classifying them into three kinds: Money bills (Article 110), Financial bills (I) (Article 117(1)), and Financial bills (II) (Article 117(3)).

299. What is the relationship between Money bills and Financial bills?

All money bills are financial bills, but all financial bills are not money bills. Only financial bills exclusively dealing with Article 110 matters are money bills.

300. What is a Financial Bill (I)?

A Financial Bill (I) is a bill that contains matters mentioned in Article 110, but also other matters of general legislation.

301. In what two respects is a Financial Bill (I) similar to a money bill?

A Financial Bill (I) is similar to a money bill in that: (a) Both can be introduced only in the Lok Sabha. (b) Both can be introduced only on the recommendation of the President.

302. In what respects is a Financial Bill (I) governed by the same legislative procedure as an ordinary bill?

In all other respects, a Financial Bill (I) is governed by the same legislative procedure as an ordinary bill. It can be rejected or amended by Rajya Sabha (with exceptions for tax amendments). A joint sitting can be summoned for a deadlock. The President can give assent, withhold assent, or return for reconsideration.

303. What is a Financial Bill (II)?

A Financial Bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any matters mentioned in Article 110. It is treated as an ordinary bill.

304. What is the special feature of a Financial Bill (II)?

The only special feature is that it cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill.

305. Where can a Financial Bill (II) be introduced?

A Financial Bill (II) can be introduced in either House of Parliament.

306. Is the President’s recommendation necessary for the introduction of a Financial Bill (II)?

No, the President’s recommendation is not necessary at the introduction stage, but it is required at the consideration stage.

307. Can a Financial Bill (II) be rejected or amended by either House of Parliament?

Yes, a Financial Bill (II) can be rejected or amended by either House of Parliament.

308. Can the President summon a joint sitting to resolve a deadlock over a Financial Bill (II)?

Yes, in case of a disagreement, the President can summon a joint sitting to resolve the deadlock.

309. What is a Joint Sitting of Two Houses?

A Joint Sitting is an extraordinary mechanism provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.

310. Under what three situations is a deadlock deemed to have taken place?

A deadlock is deemed to have taken place if:

1. The bill is rejected by the other House.
2. The Houses have finally disagreed as to the amendments.
3. More than six months have elapsed from the date of receipt of the bill by the other House without it being passed.

311. Who can summon a joint sitting?

The President can summon both the Houses to meet in a joint sitting.

312. To which types of bills is the provision of joint sitting applicable?

The provision of joint sitting is applicable to ordinary bills or financial bills only, and not to money bills or Constitutional amendment bills.

313. What happens to a bill if the Lok Sabha is dissolved after the President has notified intention to summon a joint sitting?

If the Lok Sabha is dissolved after the President has notified his/her intention to summon such a sitting, the bill does not lapse and the joint sitting can be held.

314. Who presides over a joint sitting of the two Houses?

The Speaker of Lok Sabha presides over a joint sitting, and the Deputy Speaker in his/her absence. If both are absent, the Deputy Chairman of Rajya Sabha presides.

315. Does the Chairman of Rajya Sabha preside over a joint sitting?

No, the Chairman of Rajya Sabha does not preside over a joint sitting, as he/she is not a member of either House of Parliament.

316. What is the quorum to constitute a joint sitting?

The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses.

317. What rules govern a joint sitting?

A joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.

318. When is a bill deemed to have been passed at a joint sitting?

If the bill in dispute is passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, the bill is deemed to have been passed by both the Houses.

319. In a joint sitting, which House typically wins the battle?

Normally, the Lok Sabha with greater number wins the battle in a joint sitting.

320. What are the two cases in which new amendments to a bill can be proposed at a joint sitting?

New amendments can be proposed only for:

1. Those amendments that have caused final disagreement between the Houses.
2. Those amendments that might have become necessary due to the delay in the passage of the bill.

321. How many times has the provision for joint sitting been invoked since 1950?

Since 1950, the provision for joint sitting has been invoked only thrice.

322. Which bills have been passed at joint sittings?

The bills passed at joint sittings are:

1. Dowry Prohibition Bill, 1960.
2. Banking Service Commission (Repeal) Bill, 1977.
3. Prevention of Terrorism Bill, 2002.

323. What does the Constitution refer to the budget as?

The Constitution refers to the budget as the ‘annual financial statement’. The term ‘budget’ is not used in the Constitution.

324. What is the budget?

The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on April 1 and ends on March 31 of the following year.

325. What elements does the overall budget contain?

The overall budget contains:

1. Estimates of revenue and capital receipts.
2. Ways and means to raise the revenue.
3. Estimates of expenditure.
4. Details of actual receipts and expenditure of the closing financial year and reasons for deficit/surplus.
5. Economic and financial policy of the coming year (taxation proposals, revenue prospects, spending program, new schemes/projects).

326. When was the Railway Budget merged into the General Budget?

The Railway Budget was merged into the General Budget in 2017.

327. When was the Railway Budget separated from the General Budget?

The Railway Budget was separated from the General Budget in 1924 on the recommendations of the Acworth Committee Report (1921).

328. What were the reasons/objectives for the separation of the Railway Budget?

The reasons/objectives were:

1. To introduce flexibility in railway finance.
2. To facilitate a business approach to railway policy.
3. To secure stability of general revenues by providing assured annual contribution from railway revenues.
4. To enable railways to keep profits for their own development after paying a fixed annual contribution.

329. What does Article 112 state regarding the annual financial statement?

Article 112 states that the President shall cause to be laid before both Houses of Parliament a statement of estimated receipts and expenditure for that financial year.

330. What does Article 113 state regarding demand for a grant?

Article 113 states that no demand for a grant shall be made except on the recommendation of the President.

331. What does Article 114 state regarding withdrawal of money from the Consolidated Fund of India?

Article 114 states that no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.

332. What does Article 117 state regarding the introduction of money bills imposing tax?

Article 117 states that no money bill imposing tax shall be introduced in Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha.

333. What does Article 265 state regarding taxation?

Article 265 states that no tax shall be levied or collected except by authority of law.

334. What power does Parliament have regarding a tax?

Parliament can reduce or abolish a tax but cannot increase it (Article 117).

335. What does Article 109 state regarding the introduction of a money bill or finance bill dealing with taxation?

Article 109 states that a money bill or finance bill dealing with taxation cannot be introduced in the Rajya Sabha; it must be introduced only in the Lok Sabha.

336. What does Article 113 state regarding the Rajya Sabha’s power to vote on the demand for grants?

Article 113 states that the Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha.

337. What does Article 109 state regarding the Rajya Sabha’s return of a Money bill?

Article 109 states that the Rajya Sabha should return the Money bill (or Finance bill) to the Lok Sabha within fourteen days.

338. What does Article 112 state regarding the expenditure in the budget?

Article 112 states that the estimates of expenditure in the budget shall show separately the expenditure charged on the Consolidated Fund of India and the expenditure made from it. It also states that the budget shall distinguish expenditure on revenue account from other expenditure.

339. Can the expenditure charged on the Consolidated Fund of India be submitted to the vote of Parliament?

No, the expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament, though it can be discussed (Article 113).

340. What powers does the Lok Sabha have regarding a demand for a grant?

The Lok Sabha can approve or refuse any demand or reduce the amount specified in the demand but cannot increase it (Article 113).

341. Can an amendment be proposed to the appropriation bill in either House of Parliament that varies the amount or alters the destination of a grant or expenditure charged on the Consolidated Fund of India?

No, no such amendment can be proposed (Article 114).

342. What does Article 116 state regarding the Lok Sabha’s power to make a grant in advance?

Article 116 states that the Lok Sabha can make any grant in advance (Vote on Account) for a part of the financial year, pending completion of voting on demands for grants and enactment of the appropriation bill.

343. What are the six stages the budget goes through in Parliament?

The budget goes through six stages:

1. Presentation of budget.
2. General discussion.
3. Scrutiny by departmental committees.
4. Voting on demands for grants.
5. Passing of appropriation bill.
6. Passing of finance bill.

344. When is the budget conventionally presented to the Lok Sabha?

Conventionally, the budget is presented to the Lok Sabha by the finance minister on the last working day of February. Since 2017, it has been advanced to February 1st.

345. Can the budget be presented in parts?

Yes, the Budget can be presented in two or more parts, each dealt with as if it were the budget.

346. Is there a discussion on the budget on the day it is presented to the House?

No, there shall be no discussion of the budget on the day it is presented to the House.

347. What is the ‘budget speech’?

The finance minister presents the budget with a speech known as the ‘budget speech’.

348. What happens after the budget speech in the Lok Sabha?

After the speech, the budget is laid before the Rajya Sabha, which can only discuss it and has no power to vote on the demands for grants.

349. What are the budget documents presented to the Parliament?

The budget documents comprise: (i) Budget Speech (ii) Annual Financial Statement (iii) Demands for Grants (iv) Finance Bill (v) Statements mandated under the FRBM Act (Macro-Economic Framework Statement, Fiscal Policy Strategy Statement, Medium Term Fiscal Policy Statement) (vi) Expenditure Budget (vii) Receipts Budget (viii) Expenditure Profile (ix) Memorandum Explaining the Provisions in the Finance Bill (x) Budget at a Glance (xi) Outcome Budget (Output - Outcome Monitoring Framework) (xii) Key Features of the Budget (xiii) Implementation of Previous Budget Announcements (xiv) Key to Budget Documents

350. When is the Economic Survey presented to Parliament?

The Economic Survey is presented one day or a few days before the presentation of the budget.

351. What happens during the General Discussion stage of the budget?

The general discussion on budget begins a few days after its presentation, lasting three to four days. The Lok Sabha can discuss the budget as a whole or on questions of principle, but no cut motion can be moved, and the budget cannot be submitted to a vote.

352. What happens during the Scrutiny by Departmental Committees stage of the budget?

After the general discussion, the Houses are adjourned for three to four weeks. During this period, the 24 departmental standing committees examine and discuss the demands for grants of concerned ministries and prepare reports for Parliament’s consideration.

353. What is the role of the standing committee system in parliamentary financial control?

The standing committee system, established in 1993 (expanded 2004), makes parliamentary financial control over ministries much more detailed, close, in-depth, and comprehensive.

354. What happens during the Voting on Demands for Grants stage of the budget?

In this stage, the Lok Sabha takes up voting of demands for grants based on departmental standing committee reports. Demands are presented ministry-wise and become grants after being voted.

355. What are the two key points regarding the voting of demands for grants?

Two key points:

1. The voting of demands for grants is the exclusive privilege of the Lok Sabha; Rajya Sabha has no power to vote.
2. Voting is confined to the votable part of the budget (expenditure ‘made’ from Consolidated Fund); expenditure ‘charged’ is not submitted to vote.

356. What are ‘cut motions’?

‘Cut motions’ are motions moved by members of Parliament to reduce any demand for grant.

357. What are the three kinds of cut motions?

The three kinds of cut motions are: (a) Policy Cut Motion. (b) Economy Cut Motion. (c) Token Cut Motion.

358. What is a Policy Cut Motion?

A Policy Cut Motion represents disapproval of the policy underlying the demand, stating the amount be reduced to ₹1. Members can also advocate an alternative policy.

359. What is an Economy Cut Motion?

An Economy Cut Motion represents the economy that can be affected in the proposed expenditure, stating the amount be reduced by a specified amount (lumpsum reduction or omission/reduction of an item).

360. What is a Token Cut Motion?

A Token Cut Motion ventilates a specific grievance within the responsibility of the Government of India, stating the amount be reduced by ₹100.

361. What are the conditions for a cut motion to be admissible?

A cut motion, to be admissible, must satisfy the following conditions: (i) It should relate to one demand only. (ii) It should be clearly expressed and not contain arguments or defamatory statements. (iii) It should be confined to one specific matter. (iv) It should not make suggestions for amendment or repeal of existing laws. (v) It should not refer to a matter not primarily the concern of Union government. (vi) It should not relate to expenditure charged on the Consolidated Fund of India. (vii) It should not relate to a matter under adjudication by a court. (viii) It should not raise a question of privilege.

362. What is ‘guillotine’ in the context of budget discussion?

‘Guillotine’ is when the Speaker puts all the remaining demands to vote and disposes them, whether discussed or not, on the last day allotted for discussion and voting on demands for grants.

363. What is the procedure for Passing of Appropriation Bill?

After demands for grants are voted and passed by the Lok Sabha, an appropriation bill is introduced to provide for the appropriation of money from the Consolidated Fund of India to meet voted grants and charged expenditure.

364. Can an amendment be proposed to the appropriation bill that varies the amount or alters the destination of a grant or charged expenditure?

No, no such amendment can be proposed to the appropriation bill.

365. When does the Appropriation Bill become the Appropriation Act?

The Appropriation Bill becomes the Appropriation Act after it is assented to by the President.

366. What is the purpose of the Appropriation Act?

The Appropriation Act authorises (or legalises) the payments from the Consolidated Fund of India.

367. What is a ‘Vote on Account’?

A ‘Vote on Account’ is a grant made by the Lok Sabha in advance for the estimated expenditure for a part of the financial year, pending the completion of voting on demands for grants and enactment of the appropriation bill. It is usually for two months for one-sixth of the total estimation.

368. What happens to the Vote on Account in an election year?

In an election year, the Vote on Account may be taken for a longer period (about 3 to 5 months).

369. What is the purpose of advancing the Budget session to February 1st since 2017?

This change is intended to enable Parliament to avoid a Vote on Account and pass a single Appropriation Bill for the year before the financial year closes.

370. What is an Interim Budget?

In a year with General Elections, an Interim Budget is presented to Parliament. The Regular Budget is presented after the new government assumes office.

371. What is a Finance Bill?

The ‘Finance Bill’ is the bill ordinarily introduced each year to give effect to the financial proposals of the Government of India for the next financial year, and includes bills for supplementary financial proposals. It is subjected to all conditions applicable to a Money Bill.

372. What is the deadline for the Finance Bill to be enacted?

According to the Provisional Collection of Taxes Act of 1931, the Finance Bill must be enacted (passed by Parliament and assented to by the President) within 75 days.

373. What is the purpose of the Finance Act?

The Finance Act legalises the income side of the budget and completes the process of the enactment of the budget.

374. What are Other Grants besides the ordinary budget estimates?

In addition to the budget, various other grants are made by Parliament under extraordinary or special circumstances: Supplementary Grant, Additional Grant, Excess Grant, Vote of Credit, Exceptional Grant, and Token Grant.

375. What is a Supplementary Grant?

A Supplementary Grant is granted when the amount authorised by Parliament for a service in the current financial year is found to be insufficient.

376. What is an Additional Grant?

An Additional Grant is granted when a need has arisen during the current financial year for additional expenditure upon some new service not contemplated in the budget.

377. What is an Excess Grant?

An Excess Grant is granted when money has been spent on any service during a financial year in excess of the amount granted for that service in the budget. It is voted by the Lok Sabha after approval by the Public Accounts Committee.

378. What is a Vote of Credit?

A Vote of Credit is granted for meeting an unexpected demand upon India’s resources when the demand cannot be stated with ordinary budget details due to its magnitude or indefinite character. It is like a blank cheque given to the Executive.

379. What is an Exceptional Grant?

An Exceptional Grant is granted for a special purpose and forms no part of the current service of any financial year.

380. What is a Token Grant?

A Token Grant is granted when funds for new expenditure can be made available by reappropriation (transfer of funds from one head to another). A demand for a token sum is submitted to the Lok Sabha’s vote. It involves no additional expenditure.

381. What are the three kinds of funds provided by the Constitution for the Central government?

The Constitution provides for three kinds of funds for the Central government:

1. Consolidated Fund of India (Article 266).
2. Public Account of India (Article 266).
3. Contingency Fund of India (Article 267).

382. What is the Consolidated Fund of India?

The Consolidated Fund of India is a fund to which all receipts are credited and all payments are debited, including revenues, loans, and loan repayments. No money can be appropriated (issued or drawn) from it except in accordance with a parliamentary law.

383. What is the Public Account of India?

The Public Account of India includes all other public money received by or on behalf of the Government of India (e.g., provident fund, judicial deposits, savings bank deposits, departmental deposits, remittances). This account is operated by executive action without parliamentary appropriation.

384. What is the Contingency Fund of India?

The Contingency Fund of India is a fund established by Parliament (Contingency Fund of India Act, 1950) into which amounts determined by law are paid. It is placed at the disposal of the President to make advances for unforeseen expenditure pending Parliament’s authorization. It is held by the finance secretary and operated by executive action.

385. What are the seven categories of powers and functions of the Parliament?

The powers and functions of Parliament are classified under:

1. Legislative Powers and Functions.
2. Executive Powers and Functions.
3. Financial Powers and Functions.
4. Constituent Powers and Functions.
5. Judicial Powers and Functions.
6. Electoral Powers and Functions.
7. Other powers and functions.

386. What is the primary function of Parliament?

The primary function of Parliament is to make laws for the governance of the country.

387. What are the Parliament’s exclusive powers regarding law-making?

Parliament has exclusive power to make laws on subjects enumerated in the Union List (currently 98 subjects) and on residuary subjects.

388. What are the Parliament’s powers regarding the Concurrent List?

With regard to the Concurrent List (currently 52 subjects), Parliament has overriding powers, meaning its law prevails over state legislature law in case of conflict.

389. Under what five abnormal circumstances can Parliament make laws on subjects in the State List?

Parliament can make laws on State List subjects when: (a) Rajya Sabha passes a resolution to that effect. (b) A proclamation of National Emergency is in operation. (c) Two or more states make a joint request. (d) Necessary to give effect to international agreements, treaties, and conventions. (e) President’s Rule is in operation in the state.

390. How long must ordinances issued by the President be approved by Parliament?

All ordinances issued by the President must be approved by Parliament within six weeks after its reassembly.

391. What is delegated legislation or executive legislation or subordinate legislation?

Delegated legislation is when Parliament makes laws in a skeleton form and authorizes the Executive to make detailed rules and regulations within the framework of the parent law.

392. How does Parliament exercise control over the Executive?

Parliament exercises control over the Executive through: question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion, and other discussions. It also supervises executive activities through committees like the committee on government assurances, committee on subordinate legislation, and committee on petitions.

393. To whom are the ministers collectively responsible?

The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.

394. What does individual responsibility mean for a minister?

As part of collective responsibility, each minister is individually responsible for the efficient administration of the ministry under his/her charge.

395. How can the Lok Sabha express lack of confidence in the government?

The Lok Sabha can express lack of confidence by: (a) Not passing a motion of thanks on the President’s inaugural address. (b) Rejecting a money bill. (c) Passing a censure motion or an adjournment motion. (d) Defeating the government on a vital issue. (e) Passing a cut motion.

396. What are the two stages of parliamentary control over the Executive in financial matters?

Parliamentary control operates in two stages: (a) Budgetary control: control before appropriation of grants through budget enactment. (b) Post-budgetary control: control after appropriation of grants through financial committees.

397. What is the principle of annuity regarding the budget?

The budget is based on the principle of annuity, meaning Parliament grants money for one financial year. If not spent, the balance expires and returns to the Consolidated Fund of India.

398. What is the ‘rule of lapse’?

The practice where granted money not spent by the end of the financial year expires and returns to the Consolidated Fund of India is known as the ‘rule of lapse’.

399. What is ‘March Rush’?

The heavy rush of expenditure towards the close of the financial year due to the ‘rule of lapse’ is popularly called ‘March Rush’.

400. What are the financial committees that scrutinize government spending and performance?

The financial committees include the Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings.

401. What are the Constituent Powers and Functions of the Parliament?

Parliament is vested with powers to amend the Constitution by way of addition, variation, or repeal of any provision.

402. How can the major part of the Constitution be amended by the Parliament?

The major part of the Constitution can be amended by Parliament with special majority (majority of total membership of each House and two-thirds majority of members present and voting).

403. How can some other provisions of the Constitution be amended by the Parliament?

Some other provisions can be amended by Parliament with simple majority (majority of members present and voting in each House).

404. How can a few provisions of the Constitution be amended by the Parliament?

A few provisions can be amended by Parliament by special majority and with the consent of at least half of the State Legislatures (by simple majority).

405. Who has the exclusive power to initiate the process of amendment of the Constitution?

The power to initiate the process of amendment lies exclusively in the hands of the Parliament, not the state legislature.

406. What is the exception to the rule that state legislatures cannot initiate constitutional amendments?

The state legislature can pass a resolution requesting Parliament for the creation or abolition of the legislative council in the state.

407. Is the constituent power of the Parliament unlimited?

No, the constituent power of the Parliament is not unlimited; it is subject to the ‘basic structure’ of the Constitution.

408. What did the Supreme Court rule in the Kesavananda Bharati case (1973) regarding the basic features of the Constitution?

In the Kesavananda Bharati case (1973), the Supreme Court ruled that Parliament can amend any provision of the Constitution except the ‘basic features’ of the Constitution.

409. What are the judicial powers and functions of the Parliament?

The judicial powers and functions include: (a) Impeaching the President for violation of the Constitution. (b) Removing the Vice-President from his/her office. (c) Recommending the removal of Supreme Court and High Court judges, Chief Election Commissioner, State Election Commissioner, and Comptroller and Auditor General to the President. (d) Punishing its members or outsiders for breach of its privileges or contempt.

410. What are the electoral powers and functions of the Parliament?

The electoral powers and functions include: (a) Participating in the election of the President (along with state legislative assemblies). (b) Electing the Vice-President. (c) The Lok Sabha electing its Speaker and Deputy Speaker. (d) The Rajya Sabha electing its Deputy Chairman. (e) Making laws to regulate elections to the offices of President, Vice-President, and to both Houses of Parliament and state legislatures.

411. What are the other powers and functions of the Parliament?

Other powers and functions include: (a) Serving as the highest deliberative body in the country, discussing national and international issues. (b) Approving all three types of emergencies (national, state, financial) proclaimed by the President. (c) Creating or abolishing state legislative councils on recommendation of concerned state legislative assemblies. (d) Increasing or decreasing the area, altering boundaries, and changing names of states of the Indian Union. (e) Regulating the organization and jurisdiction of the Supreme Court and high courts, and establishing a common high court for two or more states.

412. What are the factors responsible for the ineffectiveness of parliamentary control over government and administration in India?

Factors responsible for ineffectiveness include: (a) Parliament’s lack of time and expertise for detailed scrutiny. (b) Financial control hindered by technical nature of demands for grants. (c) Legislative leadership lies with the Executive. (d) The vast size of Parliament. (e) Majority support for the Executive reduces effective criticism. (f) Financial committees do post-mortem work. (g) Increased use of ‘guillotine’ reduces financial control. (h) Growth of ‘delegated legislation’ reduces Parliament’s role. (i) Frequent ordinance promulgation dilutes Parliament’s legislative power. (j) Control is sporadic, general, and mostly political. (k) Lack of strong opposition and setback in parliamentary behavior/ethics.

413. How can the constitutional position of the Rajya Sabha be studied?

The constitutional position of the Rajya Sabha (compared to Lok Sabha) can be studied from three angles:

1. Where Rajya Sabha is equal to Lok Sabha.
2. Where Rajya Sabha is unequal to Lok Sabha.
3. Where Rajya Sabha has special powers not shared with Lok Sabha.

414. In what matters does the Rajya Sabha have equal powers and status with the Lok Sabha?

Rajya Sabha has equal powers and status with Lok Sabha in:

1. Introduction and passage of ordinary bills.
2. Introduction and passage of Constitutional amendment bills.
3. Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India.
4. Election and impeachment of the President.
5. Election of the Vice-President.
6. Making recommendation to the President for the removal of Chief Justice and judges of Supreme Court and high courts, chief election commissioner and comptroller and auditor general.
7. Approval of ordinances issued by the President.
8. Approval of proclamation of all three types of emergencies by the President.
9. Selection of ministers including the Prime Minister.
10. Consideration of the reports of constitutional bodies like Finance Commission, UPSC, CAG.
11. Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission.

415. In what matters are the powers and status of the Rajya Sabha unequal to that of the Lok Sabha?

Rajya Sabha’s powers and status are unequal to Lok Sabha’s in:

1. A Money Bill can be introduced only in the Lok Sabha.
2. Rajya Sabha cannot amend or reject a Money Bill; must return within 14 days.
3. The Lok Sabha can accept or reject Rajya Sabha’s recommendations on a Money Bill.
4. A financial bill (not solely Article 110 matters) can be introduced only in the Lok Sabha.
5. The Speaker of Lok Sabha has the final power to decide if a bill is a Money Bill.
6. The Speaker of Lok Sabha presides over joint sittings.
7. The Lok Sabha with greater number usually wins in joint sittings.
8. Rajya Sabha can only discuss the budget but cannot vote on demands for grants.
9. A resolution for discontinuance of national emergency can be passed only by the Lok Sabha.
10. Rajya Sabha cannot remove the council of ministers by a no-confidence motion.

416. What are the four exclusive or special powers of the Rajya Sabha not enjoyed by the Lok Sabha?

The four exclusive powers of the Rajya Sabha are:

1. Authorizing Parliament to make a law on a subject enumerated in the State List (Article 249).
2. Authorizing Parliament to create new All-India Services common to both Centre and states (Article 312).
3. Initiating a move for the removal of the Vice-President (Article 67).
4. Approving a proclamation of national emergency, President’s rule, or financial emergency when the Lok Sabha is dissolved or its dissolution takes place within the approval period (Articles 352, 356, and 360).

417. How does the Rajya Sabha’s position compare to the House of Lords and the American Senate?

The Rajya Sabha’s position is neither as weak as the House of Lords nor as strong as the American Senate. Except for financial matters and control over the council of ministers, its powers are broadly equal and coordinate with the Lok Sabha.

418. What are the grounds supporting the utility of the Rajya Sabha?

The utility of the Rajya Sabha is supported on the grounds that it:

1. Checks hasty, defective, careless, and ill-considered legislation by providing for revision and thought.
2. Facilitates representation of eminent professionals and experts who cannot face direct election (President nominates 12 such persons).
3. Maintains federal equilibrium by protecting states’ interests against undue Centre interference.

419. What are Parliamentary Privileges?

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members, necessary to secure independence and effectiveness.

420. To whom are parliamentary privileges extended?

Parliamentary privileges are extended to those persons entitled to speak and take part in the proceedings of a House of Parliament or its committees, including the attorney general of India and Union ministers.

421. Do parliamentary privileges extend to the President?

No, parliamentary privileges do not extend to the President, who is an integral part of Parliament.

422. What are the two broad categories of Parliamentary privileges?

Parliamentary privileges are classified into:

1. Those enjoyed by each House of Parliament collectively.
2. Those enjoyed by the members individually.

423. What are the collective privileges of each House of Parliament?

The collective privileges include the right to:

1. Publish reports, debates, and proceedings, and prohibit others from publishing them (freedom of press restored by 44th Amendment Act of 1978, except for secret sittings).
2. Exclude strangers from proceedings and hold secret sittings.
3. Make rules to regulate its own procedure and conduct of business, and adjudicate on such matters.
4. Punish members and outsiders for breach of privileges or contempt (reprimand, admonition, imprisonment, suspension/expulsion).
5. Receive immediate information of arrest, detention, conviction, imprisonment, and release of a member.
6. Institute inquiries and order attendance of witnesses and production of papers/records.
7. Prohibit courts from inquiring into proceedings of a House or its committees.
8. Prohibit arrest or service of legal process within precincts of the House without presiding officer’s permission.

424. What is a Breach of Privilege?

A Breach of Privilege occurs when any individual or authority disregards or attacks any of the privileges, rights, and immunities of a member or the House in its collective capacity, and it is punishable by the House.

425. What is Contempt of the House?

Contempt of the House is any act or omission that obstructs a House of Parliament, its member, or its officer in performing their functions, or which tends to produce results against the dignity, authority, and honour of the House.

426. What is the relationship between ‘breach of privilege’ and ‘contempt of the House’?

Contempt is not always a breach of privilege, while a breach of privilege is always contempt. Breach of privilege is a clear violation of privileges, while contempt is a broader concept for actions against the dignity and authority of the House.

427. What are the individual privileges of members of Parliament?

The individual privileges include:

1. Immunity from arrest during session and 40 days before/after (only in civil cases, not criminal or preventive detention).
2. Freedom of speech in Parliament: Not liable to court proceedings for anything said or any vote given (subject to Constitution and rules).
3. Exemption from jury service: Can refuse to give evidence or appear as witness in court when Parliament is in session.

428. What are the five sources on which Parliamentary privileges are based?

Parliamentary privileges are based on five sources:

1. Constitutional provisions.
2. Various laws made by Parliament.
3. Rules of both the Houses.
4. Parliamentary conventions.
5. Judicial interpretations.

429. What is the doctrine of ‘sovereignty of Parliament’?

The doctrine of ‘sovereignty of Parliament’ is associated with the British Parliament, meaning the supreme power within the State, with no legal restrictions on its authority and jurisdiction.

430. What are the three implications of the principle of parliamentary supremacy according to A.V. Dicey?

According to A.V. Dicey, the three implications are:

1. Parliament can make, amend, substitute, or repeal any law.
2. Parliament can make constitutional laws by the same procedure as ordinary laws.
3. Parliamentary laws cannot be declared invalid by the Judiciary as unconstitutional.

431. Is the Indian Parliament considered a sovereign body in the same sense as the British Parliament?

No, the Indian Parliament cannot be regarded as a sovereign body in the same sense as the British Parliament due to legal restrictions on its authority and jurisdiction.

432. What are the factors that limit the sovereignty of the Indian Parliament?

The factors that limit the sovereignty of Indian Parliament are:

1. Written Nature of the Constitution.
2. Federal System of Government.
3. System of Judicial Review.
4. Fundamental Rights.

433. How does the written nature of the Constitution limit the Indian Parliament’s sovereignty?

The Constitution is the fundamental law, defining the authority and jurisdiction of all three organs of the Union government. Parliament must operate within these limits. There is a legal distinction between legislative and constituent authority, and some amendments require state ratification.

434. How does the federal system of government limit the Indian Parliament’s sovereignty?

India has a federal system with a constitutional division of powers. Parliament’s law-making authority is confined to the Union List and Concurrent List, not extending to the State List (except in five abnormal circumstances).

435. How does the system of judicial review limit the Indian Parliament’s supremacy?

The adoption of an independent Judiciary with the power of judicial review restricts Parliament’s supremacy. The Supreme Court and high courts can declare laws enacted by Parliament as void and ultra vires if they contravene the Constitution.

436. How do Fundamental Rights limit the Indian Parliament’s authority?

The authority of Parliament is restricted by the incorporation of justiciable fundamental rights under Part III. Article 13 prohibits the State from making laws that take away or abrogate fundamental rights, rendering such laws void.

437. What is the total number of seats in Rajya Sabha and Lok Sabha?

The total number of seats in Rajya Sabha is 245, and in Lok Sabha is 543.

438. What is the total number of seats reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha?

Total seats reserved for Scheduled Castes in Lok Sabha are 84, and for Scheduled Tribes are 47.

439. Which Article deals with the Constitution of Parliament?

Article 79 deals with the Constitution of Parliament.

440. Which Article deals with the Composition of the Council of States?

Article 80 deals with the Composition of the Council of States.

441. Which Article deals with the Composition of the House of the People?

Article 81 deals with the Composition of the House of the People.

442. Which Article deals with Readjustment after each census?

Article 82 deals with Readjustment after each census.

443. Which Article deals with Duration of Houses of Parliament?

Article 83 deals with Duration of Houses of Parliament.

444. Which Article deals with Qualification for membership of Parliament?

Article 84 deals with Qualification for membership of Parliament.

445. Which Article deals with Sessions of Parliament, prorogation and dissolution?

Article 85 deals with Sessions of Parliament, prorogation and dissolution.

446. Which Article deals with the Right of President to address and send messages to Houses?

Article 86 deals with the Right of President to address and send messages to Houses.

447. Which Article deals with Special address by the President?

Article 87 deals with Special address by the President.

448. Which Article deals with Rights of Ministers and Attorney-General as respects Houses?

Article 88 deals with Rights of Ministers and Attorney-General as respects Houses.

449. Which Article deals with the Chairman and Deputy Chairman of the Council of States?

Article 89 deals with the Chairman and Deputy Chairman of the Council of States.

450. Which Article deals with Vacation and resignation of, and removal from, the office of Deputy Chairman?

Article 90 deals with Vacation and resignation of, and removal from, the office of Deputy Chairman.

451. Which Article deals with the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman?

Article 91 deals with the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

452. Which Article deals with the Chairman or the Deputy Chairman not to preside while a resolution for his/her removal from office is under consideration?

Article 92 deals with the Chairman or the Deputy Chairman not to preside while a resolution for his/her removal from office is under consideration.

453. Which Article deals with the Speaker and Deputy Speaker of the House of the People?

Article 93 deals with the Speaker and Deputy Speaker of the House of the People.

454. Which Article deals with Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker?

Article 94 deals with Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

455. Which Article deals with the Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker?

Article 95 deals with the Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

456. Which Article deals with the Speaker or the Deputy Speaker not to preside while a resolution for his/her removal from office is under consideration?

Article 96 deals with the Speaker or the Deputy Speaker not to preside while a resolution for his/her removal from office is under consideration.

457. Which Article deals with Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker?

Article 97 deals with Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.

458. Which Article deals with the Secretariat of Parliament?

Article 98 deals with the Secretariat of Parliament.

459. Which Article deals with Oath or affirmation by members?

Article 99 deals with Oath or affirmation by members.

460. Which Article deals with Voting in Houses, power of Houses to act notwithstanding vacancies and quorum?

Article 100 deals with Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

461. Which Article deals with Vacation of seats?

Article 101 deals with Vacation of seats.

462. Which Article deals with Disqualifications for membership?

Article 102 deals with Disqualifications for membership.

463. Which Article deals with Decision on questions as to disqualifications of members?

Article 103 deals with Decision on questions as to disqualifications of members.

464. Which Article deals with Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified?

Article 104 deals with Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified.

465. Which Article deals with Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof?

Article 105 deals with Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

466. Which Article deals with Salaries and allowances of members?

Article 106 deals with Salaries and allowances of members.

467. Which Article deals with Provisions as to introduction and passing of Bills?

Article 107 deals with Provisions as to introduction and passing of Bills.

468. Which Article deals with Joint sitting of both Houses in certain cases?

Article 108 deals with Joint sitting of both Houses in certain cases.

469. Which Article deals with Special procedure in respect of Money Bills?

Article 109 deals with Special procedure in respect of Money Bills.

470. Which Article deals with Definition of “Money Bills”?

Article 110 deals with Definition of “Money Bills”.

471. Which Article deals with Assent to Bills?

Article 111 deals with Assent to Bills.

472. Which Article deals with Annual financial statement?

Article 112 deals with Annual financial statement.

473. Which Article deals with Procedure in Parliament with respect to estimates?

Article 113 deals with Procedure in Parliament with respect to estimates.

474. Which Article deals with Appropriation Bills?

Article 114 deals with Appropriation Bills.

475. Which Article deals with Supplementary, additional or excess grants?

Article 115 deals with Supplementary, additional or excess grants.

476. Which Article deals with Votes on account, votes of credit and exceptional grants?

Article 116 deals with Votes on account, votes of credit and exceptional grants.

477. Which Article deals with Special provisions as to financial Bills?

Article 117 deals with Special provisions as to financial Bills.

478. Which Article deals with Rules of procedure?

Article 118 deals with Rules of procedure.

479. Which Article deals with Regulation by law of procedure in Parliament in relation to financial business?

Article 119 deals with Regulation by law of procedure in Parliament in relation to financial business.

480. Which Article deals with Language to be used in Parliament?

Article 120 deals with Language to be used in Parliament.

481. Which Article deals with Restriction on discussion in Parliament?

Article 121 deals with Restriction on discussion in Parliament.

482. Which Article deals with Courts not to inquire into proceedings of Parliament?

Article 122 deals with Courts not to inquire into proceedings of Parliament.

483. Which Article deals with Power of President to promulgate Ordinances during recess of Parliament?

Article 123 deals with Power of President to promulgate Ordinances during recess of Parliament.

Chapter 24 Parliamentary Committees

1. Why is Parliament assisted by committees in discharging its duties?

Parliament is assisted by committees because it is too unwieldy to deliberate effectively, and lacks adequate time and expertise for detailed scrutiny of legislative measures and other matters.

2. What are the four conditions that define a parliamentary committee?

A parliamentary committee is defined as a committee that:

1. Is appointed or elected by the House or nominated by the Speaker/Chairman.
2. Works under the direction of the Speaker/Chairman.
3. Presents its report to the House or to the Speaker/Chairman.
4. Has a secretariat provided by the Lok Sabha/Rajya Sabha.

3. Are consultative committees considered parliamentary committees?

No, consultative committees are not parliamentary committees as they do not fulfill the four defining conditions.

4. What are the two broad kinds of parliamentary committees?

Broadly, parliamentary committees are of two kinds: Standing Committees and Ad Hoc Committees.

5. What is the difference between Standing Committees and Ad Hoc Committees?

Standing Committees are permanent (constituted annually or periodically) and work continuously. Ad Hoc Committees are temporary and cease to exist upon completion of their assigned task.

6. What are the six categories of Standing Committees based on their functions?

Standing committees are classified into:

1. Financial Committees.
2. Department-Related Standing Committees (24).
3. Committees to Inquire.
4. Committees to Scrutinise and Control.
5. Committees Relating to the Day-to-Day Business of the House.
6. House-Keeping Committees or Service Committees.

7. What are the three Financial Committees?

The three Financial Committees are: (a) Public Accounts Committee. (b) Estimates Committee. (c) Committee on Public Undertakings.

8. What are the three Committees to Inquire?

The three Committees to Inquire are: (a) Committee on Petitions. (b) Committee of Privileges. (c) Ethics Committee.

9. What are the six Committees to Scrutinise and Control?

The six Committees to Scrutinise and Control are: (a) Committee on Government Assurances. (b) Committee on Subordinate Legislation. (c) Committee on Papers Laid on the Table. (d) Committee on Welfare of SCs and STs. (e) Committee on Empowerment of Women. (f) Joint Committee on Offices of Profit.

10. What are the four Committees Relating to the Day-to-Day Business of the House?

The four Committees Relating to the Day-to-Day Business of the House are: (a) Business Advisory Committee. (b) Committee on Private Members’ Bills and Resolutions. (c) Rules Committee. (d) Committee on Absence of Members from the Sittings of the House.

11. What are the four House-Keeping Committees or Service Committees?

The four House-Keeping Committees or Service Committees are: (a) General Purposes Committee. (b) House Committee. (c) Library Committee. (d) Joint Committee on Salaries and Allowances of Members of Parliament.

12. What are the two categories of Ad Hoc Committees?

Ad hoc committees can be divided into two categories: Inquiry Committees and Advisory Committees.

13. What are Inquiry Committees?

Inquiry Committees are constituted from time to time by either House (on motion) or by the Speaker/Chairman to inquire into and report on specific subjects.

14. Give examples of Inquiry Committees?

Examples include: (a) Railway Convention Committee. (b) Committee on Members of Parliament Local Area Development Scheme (MPLADS). (c) Joint Committee on Security in Parliament Complex. (d) Committee on Provision of Computers to Members of Parliament, Offices of Political Parties and Officers of the Lok Sabha Secretariat. (e) Committee on Food Management in Parliament House Complex. (f) Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians in Parliament House Complex. (g) Joint Committee on Maintenance of Heritage Character and Development of Parliament House Complex. (h) Committee on Violation of Protocol Norms and Contemptuous Behaviour of Government Officers with Members of Lok Sabha. (i) Committee on Welfare of Other Backward Classes. (j) Committee to Inquire into the Improper Conduct of a Member.

15. What are Advisory Committees?

Advisory Committees include select or joint committees on bills, appointed to consider and report on particular bills. They are distinguishable from other ad hoc committees as they are concerned with bills and their procedure is laid down in rules.

16. When is it open to a House to refer a Bill to a Select Committee or a Joint Committee?

When a Bill comes up before a House for general discussion, it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses.

17. What is the composition of the Public Accounts Committee?

The Public Accounts Committee consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha). Members are elected annually by proportional representation.

18. What is the term of office for members of the Public Accounts Committee?

The term of office for members of the Public Accounts Committee is one year.

19. Can a minister be elected as a member of the Public Accounts Committee?

No, a minister cannot be elected as a member of the committee.

20. Who appoints the chairman of the Public Accounts Committee?

The chairman of the committee is appointed from amongst its members by the Speaker.

21. What is the convention regarding the chairman of the Public Accounts Committee since 1967?

Since 1967, a convention has developed whereby the chairman of the committee is selected from the Opposition.

22. What is the function of the Public Accounts Committee?

The function of the committee is to examine the annual audit reports of the Comptroller and Auditor General of India (CAG), which are laid before Parliament by the President.

23. What are the three audit reports submitted by the CAG to the President?

The CAG submits three audit reports:

1. Audit report on appropriation accounts.
2. Audit report on finance accounts.
3. Audit report on public undertakings.

24. What aspects of public expenditure does the Public Accounts Committee examine?

The committee examines public expenditure not only from a legal and formal point of view but also from the point of view of economy, prudence, wisdom, and propriety to uncover waste, loss, corruption, extravagance, inefficiency, and nugatory expenses.

25. What assistance does the Public Accounts Committee receive in fulfilling its functions?

The committee is assisted by the CAG, who acts as a guide, friend, and philosopher.

26. What are the limitations on the effectiveness of the Public Accounts Committee?

The effectiveness of the committee is limited by: (a) Not being concerned with policy questions in a broader sense. (b) Conducting a post-mortem examination of accounts. (c) Inability to intervene in day-to-day administration. (d) Its recommendations being advisory and not binding. (e) Not being vested with power to disallow expenditures. (f) Not being an executive body and unable to issue orders.

27. When was the Estimates Committee first constituted in the post-independence era?

The first Estimates Committee in the post-independence era was constituted in 1950 on the recommendation of John Mathai, the then finance minister.

28. What was the original membership of the Estimates Committee, and what was it raised to in 1956?

Originally, it had 25 members, but in 1956 its membership was raised to 30.

29. From which House are all members of the Estimates Committee drawn?

All thirty members are from Lok Sabha only. The Rajya Sabha has no representation.

30. How are members of the Estimates Committee elected?

Members are elected by the Lok Sabha every year from amongst its own members, according to the principles of proportional representation by means of a single transferable vote.

31. What is the term of office for members of the Estimates Committee?

The term of office for members of the Estimates Committee is one year.

32. Can a minister be elected as a member of the Estimates Committee?

No, a minister cannot be elected as a member of the committee.

33. Who appoints the chairman of the Estimates Committee?

The chairman of the committee is appointed by the Speaker amongst its members.

34. What is the convention regarding the chairman of the Estimates Committee?

The chairman is generally from the ruling party.

35. What is the function of the Estimates Committee?

The function of the committee is to examine the estimates included in the budget and suggest ‘economies’ in public expenditure.

36. What is the Estimates Committee described as?

It has been described as a ‘continuous economy committee’.

37. What are the functions of the Estimates Committee in more detail?

The functions include:

1. Reporting what economies, improvements in organization, efficiency, and administrative reform can be effected.
2. Suggesting alternative policies for efficiency and economy.
3. Examining whether money is well laid out within policy limits.
4. Suggesting the form in which estimates are presented to Parliament.

38. What are the limitations on the effectiveness of the Estimates Committee?

The effectiveness of the committee is limited by: (a) Examining budget estimates only after they have been voted by Parliament. (b) Inability to question the policy laid down by Parliament. (c) Recommendations being advisory and not binding. (d) Examining only selected ministries/departments each year. (e) Lacking the expert assistance of the CAG. (f) Its work being in the nature of a postmortem.

39. When was the Committee on Public Undertakings created?

The Committee on Public Undertakings was created in 1964 on the recommendation of the Krishna Menon Committee.

40. What was the original membership of the Committee on Public Undertakings, and what was it raised to in 1974?

Originally, it had 15 members (10 Lok Sabha, 5 Rajya Sabha). In 1974, its membership was raised to 22 (15 Lok Sabha, 7 Rajya Sabha).

41. How are members of the Committee on Public Undertakings elected?

Members are elected by Parliament annually from amongst its own members according to the principle of proportional representation by means of a single transferable vote.

42. What is the term of office for members of the Committee on Public Undertakings?

The term of office for members of the Committee on Public Undertakings is one year.

43. Can a minister be elected as a member of the Committee on Public Undertakings?

No, a minister cannot be elected as a member of the committee.

44. Who appoints the chairman of the Committee on Public Undertakings?

The chairman of the committee is appointed by the Speaker from amongst its members.

45. What are the functions of the Committee on Public Undertakings?

The functions include:

1. Examining reports and accounts of public undertakings.
2. Examining CAG reports on public undertakings.
3. Examining whether public undertakings are managed according to sound business principles and prudent commercial practices.
4. Exercising other functions vested in the Public Accounts Committee and Estimates Committee related to public undertakings.

46. What are the limitations on the effectiveness of the Committee on Public Undertakings?

The effectiveness of the committee is limited by: (a) Inability to examine more than ten to twelve public undertakings per year. (b) Its work being in the nature of a post-mortem. (c) Not looking into technical matters as members are not technical experts. (d) Its recommendations being advisory and not binding.

47. When were the Department-Related Standing Committees (DRSCs) set up in Parliament?

17 DRSCs were set up in Parliament in 1993 on the recommendation of the Rules Committee of the Lok Sabha. Seven more were set up in 2004, increasing the total to 24.

48. What is the main objective of the DRSCs?

The main objective of the DRSCs is to secure more accountability of the Executive (Council of Ministers) to Parliament, especially financial accountability, and to assist Parliament in debating the budget more effectively.

49. How many members does each DRSC consist of?

Each DRSC consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha).

50. Who nominates the members of DRSCs from Lok Sabha and Rajya Sabha?

Members from Lok Sabha are nominated by the Speaker, and members from Rajya Sabha are nominated by the Chairman.

51. Can a minister be nominated as a member of any of the DRSCs?

No, a minister is not eligible to be nominated as a member of any of the DRSCs. If a member is appointed minister, he/she ceases to be a member of the committee.

52. What is the term of office of each DRSC?

The term of office of each DRSC is one year from the date of its constitution.

53. How many DRSCs work under the Rajya Sabha and how many under the Lok Sabha?

Out of the 24 DRSCs, 8 work under the Rajya Sabha and 16 under the Lok Sabha.

54. What are the functions of each of the DRSCs?

The functions of each DRSC are:

1. To consider the demands for grants of concerned ministries/departments before discussion and voting in Lok Sabha (report should not suggest cut motions).
2. To examine bills pertaining to concerned ministries/departments.
3. To consider annual reports of ministries/departments.
4. To consider national basic long-term policy documents presented to the Houses.

55. What are the limitations on the functioning of DRSCs?

The limitations are: (i) They should not consider day-to-day administration. (ii) They should not generally consider matters considered by other parliamentary committees. (iii) Their recommendations are advisory and not binding on Parliament.

56. What are the merits of the DRSC system in Parliament?

The merits include: (1) Proceedings are devoid of party bias. (2) Procedure is more flexible than in Lok Sabha. (3) Ensures more detailed, close, continuous, and comprehensive parliamentary control over the executive. (4) Ensures economy and efficiency in public expenditure as ministries are more careful. (5) Facilitates opportunities for all MPs to participate and understand government functioning. (6) Can avail expert opinion or public opinion for reports. (7) Opposition parties and Rajya Sabha can play a greater role in financial control.

57. What has been the impact of the DRSC system on the functioning of the executive?

The DRSC system has significantly influenced the executive. Recommendations have been largely accepted and implemented, with few instances of inability to implement.

58. What are the four yardsticks by which the effectiveness of DRSCs can be judged?

Effectiveness can be judged by: (i) Success in holding officials to account. (ii) Publication of information. (iii) Effect on the House and wider public. (iv) Influence on government’s decisions.

59. What is the function of the Committee on Petitions?

This committee examines petitions on bills and matters of general public importance, and entertains representations from individuals and associations on Union subjects.

60. What is the composition of the Committee on Petitions in Lok Sabha and Rajya Sabha?

The Lok Sabha committee consists of 15 members, while the Rajya Sabha committee consists of 10 members.

61. What is the nature of the functions of the Committee of Privileges?

The functions of this committee are semi-judicial in nature.

62. What is the function of the Committee of Privileges?

It examines cases of breach of privileges of the House and its members and recommends appropriate action.

63. What is the composition of the Committee of Privileges in Lok Sabha and Rajya Sabha?

The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.

64. When was the Ethics Committee constituted in Rajya Sabha and Lok Sabha?

The Ethics Committee was constituted in Rajya Sabha in 1997 and in Lok Sabha in 2000.

65. What is the function of the Ethics Committee?

It enforces the code of conduct of members of Parliament, examines cases of misconduct, and recommends appropriate action, thus maintaining discipline and decorum.

66. What is the composition of the Ethics Committee in Lok Sabha and Rajya Sabha?

The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.

67. What is the function of the Committee on Government Assurances?

This committee examines the assurances, promises, and undertakings given by ministers on the floor of the House and reports on the extent to which they have been carried through.

68. What is the composition of the Committee on Government Assurances in Lok Sabha and Rajya Sabha?

In the Lok Sabha, it consists of 15 members, and in the Rajya Sabha, it consists of 10 members.

69. When was the Committee on Government Assurances constituted?

It was constituted in 1953.

70. What is the function of the Committee on Subordinate Legislation?

This committee examines and reports to the House whether the powers to make regulations, rules, sub-rules, and bye-laws delegated by Parliament or conferred by the Constitution to the Executive are being properly exercised.

71. What is the composition of the Committee on Subordinate Legislation in both Houses?

In both Houses, the committee consists of 15 members.

72. When was the Committee on Subordinate Legislation constituted?

It was constituted in 1953.

73. What is the function of the Committee on Papers Laid on the Table?

This committee examines all papers laid on the table of the House by ministers to see whether they comply with constitutional provisions or related Acts/Rules. It does not examine statutory notifications/orders under the Committee on Subordinate Legislation’s jurisdiction.

74. What is the composition of the Committee on Papers Laid on the Table in Lok Sabha and Rajya Sabha?

The Lok Sabha Committee has 15 members, while the Rajya Sabha Committee has 10 members.

75. When was the Committee on Papers Laid on the Table constituted?

This committee was constituted in 1975.

76. What is the function of the Committee on Welfare of SCs and STs?

Its functions are: (i) to consider reports of the National Commission for SCs and STs; (ii) to examine matters relating to the welfare of SCs and STs, including implementation of safeguards and welfare programmes.

77. What is the composition of the Committee on Welfare of SCs and STs?

This committee consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha).

78. What is the function of the Committee on Empowerment of Women?

This committee considers reports of the National Commission for Women and examines measures taken by the Union Government to secure status, dignity, and equality for women in all fields.

79. What is the composition of the Committee on Empowerment of Women?

This committee consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha).

80. When was the Committee on Empowerment of Women constituted?

This committee was constituted in 1997.

81. What is the function of the Joint Committee on Offices of Profit?

This committee examines the composition and character of committees and other bodies appointed by Central, state, and union territory governments, and recommends whether persons holding these offices should be disqualified from being elected as members of Parliament.

82. What is the composition of the Joint Committee on Offices of Profit?

It consists of 15 members (10 from Lok Sabha and 5 from Rajya Sabha).

83. What is the function of the Business Advisory Committee?

This committee regulates the programme and time table of the House, allocating time for legislative and other government business.

84. What is the composition of the Business Advisory Committee in Lok Sabha and Rajya Sabha?

The Lok Sabha committee consists of 15 members including the Speaker as its chairman. In the Rajya Sabha, it has 11 members including the Chairman as its ex-officio chairman.

85. What is the function of the Committee on Private Members’ Bills and Resolutions?

This committee classifies bills and allocates time for discussion on bills and resolutions introduced by private members (other than ministers).

86. What is the composition of the Committee on Private Members’ Bills and Resolutions in Lok Sabha?

This is a special committee of the Lok Sabha and consists of 15 members including the Deputy Speaker as its chairman.

87. Does the Rajya Sabha have a Committee on Private Members’ Bills and Resolutions?

No, the Rajya Sabha does not have any such committee. The same function is performed by the Business Advisory Committee of that House.

88. What is the function of the Rules Committee?

This committee considers matters of procedure and conduct of business in the House and recommends necessary amendments or additions to the rules of the House.

89. What is the composition of the Rules Committee in Lok Sabha and Rajya Sabha?

The Lok Sabha committee consists of 15 members including the Speaker as its ex-officio chairman. In the Rajya Sabha, it consists of 16 members including the Chairman as its ex-officio chairman.

90. What is the function of the Committee on Absence of Members from the Sittings of the House?

This committee considers all applications from members for leave of absence from the sittings of the House, and examines cases of members absent for 60 days or more without permission.

91. What is the composition of the Committee on Absence of Members from the Sittings of the House?

It is a special committee of the Lok Sabha and consists of 15 members.

92. Does the Rajya Sabha have a Committee on Absence of Members from the Sittings of the House?

No, there is no such committee in the Rajya Sabha. All such matters are dealt with by the House itself.

93. What is the function of the General Purposes Committee?

This committee considers and advises on matters concerning affairs of the House not falling within the jurisdiction of other parliamentary committees.

94. What is the composition of the General Purposes Committee in each House?

In each House, it consists of the presiding officer (Speaker/Chairman) as ex-officio chairman, Deputy Speaker/Deputy Chairman, members of panel of chairpersons/vice-chairpersons, chairpersons of all departmental standing committees, leaders of recognized parties/groups, and other nominated members.

95. What is the function of the House Committee?

This committee deals with residential accommodation of members and other amenities like food, medical aid, etc., accorded to them in their houses and hostels in Delhi.

96. What is the composition of the House Committee in Lok Sabha and Rajya Sabha?

In the Lok Sabha, it consists of 12 members. In the Rajya Sabha, it consists of 10 members.

97. What is the function of the Library Committee?

This committee considers all matters relating to the library of Parliament and assists members in utilizing its services.

98. What is the composition of the Library Committee?

It consists of 9 members (6 from Lok Sabha and 3 from Rajya Sabha).

99. What is the function of the Joint Committee on Salaries and Allowances of Members of Parliament?

This committee frames rules for regulating payment of salary, allowances, and pension to members of Parliament.

100. What is the composition of the Joint Committee on Salaries and Allowances of Members of Parliament?

It consists of 15 members (10 from Lok Sabha and 5 from Rajya Sabha).

101. When was the Joint Committee on Salaries and Allowances of Members of Parliament constituted?

This committee was constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954.

102. What are Consultative Committees?

Consultative committees are attached to various ministries/departments of the Central Government, consisting of members of both Houses of Parliament.

103. Who acts as the chairman of a Consultative Committee?

The Minister/Minister of State in charge of the Ministry concerned acts as the chairman of the consultative committee of that ministry.

104. What is the purpose of Consultative Committees?

These committees provide a forum for informal discussions between ministers and MPs on government policies and programmes and their implementation.

105. Who constitutes Consultative Committees and formulates their guidelines?

These committees are constituted by the Ministry of Parliamentary Affairs, which also formulates their guidelines regarding composition, functions, and procedures.

106. What is the maximum and minimum membership of a Consultative Committee?

The maximum membership of a committee is 30, and the minimum is 10.

107. When are Consultative Committees constituted and dissolved?

These committees are constituted after a new Lok Sabha is formed (after General Elections) and stand dissolved upon dissolution of every Lok Sabha.

108. Are there Informal Consultative Committees for Railway Zones?

Yes, separate Informal Consultative Committees of MPs are also constituted for all the Railway Zones.

Chapter 25 Indian Parliamentary Group

1. What is the Indian Parliamentary Group (IPG)?

The Indian Parliamentary Group (IPG) is an autonomous body that acts as a link between the Parliament of India and various parliaments worldwide, and functions as the National Group of the Inter-Parliamentary Union (IPU) and the India Branch of the Commonwealth Parliamentary Association (CPA).

2. When was the IPG formed?

The IPG was formed in the year 1949 in pursuance of a motion adopted by the Constituent Assembly (Legislative).

3. Who can be a member of the IPG?

Membership of IPG is open to all members of Parliament. Former members can also become associate members.

4. What are the limited rights of associate members of the IPG?

Associate members are not entitled to representation at meetings and conferences of the IPU and the CPA, nor to travel concessions provided to members by certain branches of the CPA.

5. Who is the ex officio President of the IPG?

The Speaker of the Lok Sabha is the ex officio President of the IPG.

6. Who are the ex officio Vice-Presidents of the IPG?

The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are the ex officio Vice-Presidents of the IPG.

7. Who acts as the ex officio Secretary-General of the IPG?

The Secretary-General of the Lok Sabha acts as the ex officio Secretary-General of the IPG.

8. What are the aims and objects of the IPG?

The aims and objects of the IPG are:

1. To promote personal contact between members of the Parliament of India.
2. To study questions of public importance, arrange seminars/discussions, and bring out publications.
3. To arrange lectures on political, defence, economic, social, and educational problems.
4. To arrange visits to foreign countries to develop contacts with other parliaments.

9. What are the various functions and activities undertaken by the IPG?

The various functions and activities include:

1. Acting as a link between the Parliament of India and world parliaments through exchange of delegations, goodwill missions, correspondence, and documents.
2. Functioning as the National Group of the IPU and the main branch of the CPA in India.
3. Arranging addresses to MPs by visiting Heads of State/Government and talks by eminent persons.
4. Organizing seminars and symposia on parliamentary subjects.
5. Providing letters of introduction to IPG members visiting abroad.
6. Including only IPG members of at least six months’ standing in Indian Parliamentary delegations to foreign countries.
7. Maintaining uninterrupted information flow to members through the IPG Newsletter.
8. Instituting an Outstanding Parliamentarian award since 1995.

10. What are Parliamentary Friendship Groups (PFGs)?

To encourage bilateral relations, the IPG constitutes Parliamentary Friendship Groups (PFGs) with other countries in the Indian Parliament.

11. Who constitutes a PFG?

Each PFG consists of sitting members of Parliament (both from the Lok Sabha and the Rajya Sabha).

12. Who appoints the President of each PFG?

The Speaker of the Lok Sabha appoints the President of each PFG.

13. Where are the meetings of the PFGs arranged?

The meetings of the PFGs are arranged on the sidelines of visiting Foreign Parliamentary Friendship Groups/Committees/Delegations, held within the Parliament House complex.

14. What are the aims and objectives of the PFGs?

The aims and objectives of the PFGs are:

1. To maintain political, economic, social, and cultural contact between the two countries.
2. To create favourable conditions for continuous development of inter-Parliamentary contents, especially in talks, mutual exchanges, and co-operation.
3. To assist in exchanges of information and experiences on Parliamentary activities.
4. To promote co-operation between delegations in international organizations and consultations on mutual interest.
5. To increase ties between the member countries.

15. What is the Inter-Parliamentary Union (IPU)?

The IPU is an international organization of the parliaments of sovereign states, aiming to work for peace and cooperation among peoples and for the firm establishment of representative institutions.

16. What are the main advantages of IPG membership in relation to its functions as the National Group of the IPU?

The main advantages are:

1. Helps members of Indian Parliamentary delegations develop contacts with parliamentarians of IPU member countries.
2. Provides opportunity to study and understand contemporary changes/reforms in various countries.
3. Provides facilities to meet parliamentarians during foreign tours.
4. Makes members eligible to visit foreign countries as part of Indian Parliamentary delegations to Inter-Parliamentary Conferences.

17. What is the Commonwealth Parliamentary Association (CPA)?

The CPA is an association of about 17,000 Parliamentarians and Parliamentary staff across 180 National, State, Provincial, and Territorial Parliaments and Legislatures in 53 Commonwealth countries.

18. What are the aims of the CPA?

Its aims are to promote knowledge and understanding of constitutional, legislative, economic, social, and cultural systems within a parliamentary democratic framework, with particular reference to Commonwealth countries.

19. What is the mission of the CPA?

Its mission is to promote the advancement of parliamentary democracy by enhancing knowledge and understanding of democratic governance and building an informed parliamentary community.

20. What are the main advantages of IPG membership in relation to its functions as the main branch of the CPA in India?

The main advantages are:

1. Provides opportunity for participation in plenary and regional conferences, seminars, visits, and exchanges of delegations.
2. Members are entitled to receive ‘The Parliamentarian’ quarterly and the newsletter ‘First Reading’ every second month.
3. The Parliamentary Information and Reference Centre of the CPA Secretariat provides information on parliamentary, constitutional, and Commonwealth matters.
4. CPA branches readily assist in arranging introductions for members visiting other jurisdictions.
5. Members visiting other Commonwealth countries are normally accorded parliamentary courtesies.
6. Some branches provide for study tours to compare political and procedural developments.

Chapter 26 Supreme Court

1. What kind of judicial system has the Indian Constitution established?

The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and high courts below it.

2. What is the structure of the Indian judicial system below the high courts?

Below the high courts, there is a hierarchy of subordinate courts, including district courts and other lower courts.

3. Does the Indian judicial system enforce both Central and state laws?

Yes, this single system of courts enforces both Central laws as well as state laws.

4. How does the Indian judicial system differ from the USA’s?

In India, there is a unified judiciary enforcing both Central and state laws. In the USA, there is a double system of courts, with federal laws enforced by federal judiciary and state laws by state judiciary.

5. When was the Supreme Court of India inaugurated?

The Supreme Court of India was inaugurated on January 28, 1950.

6. What did the Supreme Court of India succeed?

It succeeded the Federal Court of India, established under the Government of India Act of 1935.

7. How does the jurisdiction of the Supreme Court compare to that of its predecessor, the Federal Court of India?

The jurisdiction of the Supreme Court is greater than that of its predecessor.

8. What did the Supreme Court replace as the highest court of appeal?

The Supreme Court has replaced the British Privy Council as the highest court of appeal.

9. Which Articles in which Part of the Constitution deal with the Supreme Court?

Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, procedures, and so on of the Supreme Court.

10. What is the current strength of the Supreme Court?

At present, the Supreme Court consists of thirty-four judges (one chief justice and thirty-three other judges).

11. What was the original strength of the Supreme Court?

Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).

12. How has the number of judges in the Supreme Court increased over time?

The number of other judges has progressively increased to ten in 1956, thirteen in 1960, seventeen in 1977, twenty-five in 1986, thirty in 2008, and thirty-three in 2019.

13. Who appoints the judges of the Supreme Court?

The judges of the Supreme Court are appointed by the President.

14. What is the consultation process for appointing the Chief Justice of India?

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and high courts as he/she deems necessary.

15. What is the consultation process for appointing other judges of the Supreme Court?

Other judges are appointed by the President after consultation with the chief justice and such other judges of the Supreme Court and high courts as he/she deems necessary.

16. Is the consultation with the chief justice obligatory in the case of appointment of a judge other than Chief Justice?

Yes, the consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

17. What did the Supreme Court hold in the First Judges case (1981) regarding the word ‘consultation’?

In the First Judges case (1981), the Court held that consultation does not mean concurrence; it only implies exchange of views.

18. What did the Supreme Court rule in the Second Judges case (1993) regarding the word ‘consultation’?

In the Second Judges case (1993), the Court reversed its earlier ruling, changing the meaning of ‘consultation’ to concurrence. It ruled that the advice tendered by the Chief Justice of India is binding on the President for Supreme Court judge appointments, and the Chief Justice must consult two seniormost colleagues.

19. What did the Supreme Court opine in the Third Judges case (1998) regarding the consultation process?

In the Third Judges case (1998), the Court opined that the consultation process requires ‘consultation of plurality judges’. The sole opinion of the Chief Justice does not constitute consultation. He/she should consult a collegium of four seniormost judges, and if two judges give an adverse opinion, the recommendation should not be sent.

20. What did the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 do?

These Acts replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC).

21. What did the Supreme Court declare in 2015 regarding the 99th Constitutional Amendment and the NJAC Act?

In 2015, the Supreme Court declared both the 99th Constitutional Amendment and the NJAC Act as unconstitutional and void, making the earlier collegium system operative again.

22. What was the practice for appointing the Chief Justice of India from 1950 to 1973?

From 1950 to 1973, the practice was to appoint the seniormost judge of the Supreme Court as the chief justice of India.

23. When was the convention of appointing the seniormost judge as Chief Justice violated?

This convention was violated in 1973 when A.N. Ray was appointed by superseding three senior judges, and again in 1977 when M.U. Beg was appointed by superseding the then seniormost judge.

24. What did the Supreme Court rule in the Second Judges case (1993) regarding the appointment of the Chief Justice of India?

In the Second Judges case (1993), the Supreme Court ruled that the seniormost judge of the Supreme Court should alone be appointed to the office of the chief justice of India.

25. What are the qualifications required for a person to be appointed as a judge of the Supreme Court?

To be appointed as a judge of the Supreme Court, a person should:

1. Be a citizen of India.
2. Have been a judge of a High Court (or high courts in succession) for five years; OR
3. Have been an advocate of a High Court (or High Courts in succession) for ten years; OR
4. Be a distinguished jurist in the opinion of the President.

26. Does the Constitution prescribe a minimum age for appointment as a judge of the Supreme Court?

No, the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

27. What oath or affirmation does a judge of the Supreme Court make before entering office?

A judge of the Supreme Court swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To duly and faithfully and to the best of his/her ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will.
4. To uphold the Constitution and the laws.

28. Who administers the oath or affirmation to a judge of the Supreme Court?

The oath or affirmation is administered by the President, or some person appointed by him/her for this purpose.

29. Who determines the salaries, allowances, privileges, leave, and pension of the judges of the Supreme Court?

The salaries, allowances, privileges, leave, and pension of the judges of the Supreme Court are determined from time to time by the Parliament.

30. Can the salaries, allowances, privileges, leave, and pension of the judges of the Supreme Court be varied to their disadvantage after their appointment?

No, they cannot be varied to their disadvantage after their appointment, except during a financial emergency.

31. What were the salary increases for the Chief Justice and judges of the Supreme Court in 2018?

In 2018, the salary of the chief justice was increased from ₹1 lakh to ₹2.80 lakh per month, and that of a judge from ₹90,000 to ₹2.50 lakh per month.

32. What is the pension for a retired chief justice and judges of the Supreme Court?

The retired chief justice and judges are entitled to 50 per cent of their last drawn salary as monthly pension.

33. Has the Constitution fixed the tenure of a judge of the Supreme Court?

No, the Constitution has not fixed the tenure of a judge of the Supreme Court.

34. What are the three provisions regarding the tenure of a Supreme Court judge?

The Constitution makes the following three provisions:

1. He/she holds office until he/she attains the age of 65 years.
2. He/she can resign from his/her office by writing to the President.
3. He/she can be removed from his/her office by the President on the recommendation of the Parliament.

35. How is any question regarding a judge’s age determined?

Any question regarding his/her age is to be determined by such authority and in such manner as provided by Parliament.

36. How can a judge of the Supreme Court be removed from office?

A judge of the Supreme Court can be removed from office by an order of the President.

37. What is the procedure for the President to issue a removal order for a Supreme Court judge?

The President can issue the removal order only after an address by Parliament has been presented to him/her in the same session. The address must be supported by a special majority of each House (majority of total membership and two-thirds majority of members present and voting).

38. What are the two grounds for the removal of a Supreme Court judge?

The two grounds of removal are proved misbehaviour or incapacity.

39. What Act regulates the procedure for the removal of a Supreme Court judge?

The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.

40. What is the process for impeachment of a Supreme Court judge under the Judges Enquiry Act (1968)?

The process is:

1. A removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is given to the Speaker/Chairman.
2. Speaker/Chairman may admit or refuse the motion.
3. If admitted, a three-member committee is constituted to investigate.
4. Committee consists of (a) chief justice or a Supreme Court judge, (b) chief justice of a high court, and (c) a distinguished jurist.
5. If guilty, the House considers the motion.
6. If passed by special majority in each House, an address is presented to the President.
7. President passes an order removing the judge.

41. Has any judge of the Supreme Court been impeached so far?

No, no judge of the Supreme Court has been impeached so far.

42. Who can appoint a judge of the Supreme Court as an acting Chief Justice of India?

The President can appoint a judge of the Supreme Court as an acting Chief Justice of India.

43. When can an acting Chief Justice of India be appointed?

An acting Chief Justice of India can be appointed when:

1. The office of Chief Justice of India is vacant.
2. The Chief Justice of India is temporarily absent.
3. The Chief Justice of India is unable to perform his/her duties.

44. Who can appoint a judge of a High Court as an ad hoc judge of the Supreme Court?

The Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court.

45. When can an ad hoc judge of the Supreme Court be appointed?

An ad hoc judge can be appointed when there is a lack of quorum of permanent judges to hold or continue a Supreme Court session.

46. What consultations are required for the appointment of an ad hoc judge?

The Chief Justice of India can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the President.

47. What are the duties and privileges of an ad hoc judge?

An ad hoc judge should be qualified for appointment as a Supreme Court judge. It is their duty to attend Supreme Court sittings in priority to other duties, enjoying all jurisdiction, powers, and privileges of a Supreme Court judge.

48. Who can request a retired judge of the Supreme Court or a high court to act as a judge of the Supreme Court for a temporary period?

The chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (duly qualified for appointment as a Supreme Court judge).

49. What consents are required for a retired judge to act as a judge of the Supreme Court for a temporary period?

The previous consent of the President and also of the person to be so appointed is required.

50. What are the entitlements of a retired judge acting as a judge of the Supreme Court?

Such a judge is entitled to such allowances as the President may determine and will enjoy all the jurisdiction, powers, and privileges of a judge of Supreme Court. However, he/she will not otherwise be deemed to be a judge of the Supreme Court.

51. What does the Constitution declare as the seat of the Supreme Court?

The Constitution declares Delhi as the seat of the Supreme Court.

52. Who can appoint other places as the seat of the Supreme Court?

The chief justice of India can appoint other place or places as seat of the Supreme Court.

53. What approval is required for the Chief Justice of India to appoint other places as the seat of the Supreme Court?

He/she can take decision in this regard only with the approval of the President.

54. Is the provision for appointing other places as the seat of the Supreme Court optional or compulsory?

This provision is only optional and not compulsory. No court can give any direction to the President or Chief Justice to appoint any other place as a seat.

55. Who makes rules for regulating the practice and procedure of the Supreme Court?

The Supreme Court can, with the approval of the President, make rules for regulating generally the practice and procedure of the Court.

56. How are Constitutional cases or references made by the President (under Article 143) decided by the Supreme Court?

Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges.

57. How are other cases decided by the Supreme Court?

All other cases are decided by single judges and division benches.

58. How are judgements delivered by the Supreme Court?

The judgements are delivered by the open court.

59. What happens if judges differ in their opinions?

If judges differ, they can give dissenting judgements or opinions.

60. What is the role of the Supreme Court in the Indian democratic political system?

The Supreme Court has a very significant role as a federal court, the highest court of appeal, the guarantor of fundamental rights, and the guardian of the Constitution.

61. What provisions has the Constitution made to safeguard the independence and impartial functioning of the Supreme Court?

The Constitution has made the following provisions:

1. Mode of Appointment: Judges appointed by President in consultation with judiciary, curtailing executive discretion.
2. Security of Tenure: Judges removed only by Parliament’s recommendation, not President’s pleasure.
3. Fixed Service Conditions: Salaries, allowances, etc., determined by Parliament, not varied to disadvantage (except financial emergency).
4. Expenses Charged on Consolidated Fund: Salaries, allowances, pensions of judges and staff, and administrative expenses are charged on Consolidated Fund of India (non-votable).
5. Conduct of Judges cannot be Discussed: Prohibited in Parliament/State Legislature, except during impeachment.
6. Ban on Practice after Retirement: Retired judges prohibited from pleading/acting in any court/authority in India (except Supreme Court).
7. Power to Punish for its Contempt: Can punish any person for contempt to maintain authority, dignity, and honour.
8. Freedom to Appoint its Staff: Chief Justice can appoint officers/servants without executive interference and prescribe conditions.
9. Its Jurisdiction cannot be Curtailed: Parliament not authorized to curtail jurisdiction/powers specified in Constitution; can extend it.

62. What are the eight categories of jurisdiction and powers of the Supreme Court?

The jurisdiction and powers of the Supreme Court are:

1. Original Jurisdiction.
2. Writ Jurisdiction.
3. Appellate Jurisdiction.
4. Advisory Jurisdiction.
5. A Court of Record.
6. Power of Judicial Review.
7. Constitutional Interpretation.
8. Other Powers.

63. What is the Original Jurisdiction of the Supreme Court?

As a federal court, the Supreme Court decides disputes between different units of the Indian Federation.

64. What specific disputes fall under the Supreme Court’s exclusive original jurisdiction?

The Supreme Court has exclusive original jurisdiction over disputes: (a) Between the Centre and one or more states. (b) Between the Centre and any state or states on one side and one or more other states on the other side. (c) Between two or more states.

65. What kind of question must a dispute involve to fall under the Supreme Court’s exclusive original jurisdiction?

The dispute must involve a question (of law or fact) on which the existence or extent of a legal right depends. Questions of political nature are excluded.

66. Can a suit brought by a private citizen against the Centre or a state be entertained under the Supreme Court’s original jurisdiction?

No, any suit brought by a private citizen against the Centre or a state cannot be entertained under this jurisdiction.

67. What matters are excluded from the Supreme Court’s original jurisdiction?

The jurisdiction does not extend to: (a) Disputes arising from pre-Constitution treaties, agreements, covenants, engagements, sanads, or similar instruments that continue in operation or exclude such jurisdiction. (b) Inter-state river water disputes. (c) Matters referred to the Finance Commission. (d) Adjustment of certain expenses and pensions between the Centre and the states.

68. What is the Writ Jurisdiction of the Supreme Court?

The Supreme Court is constituted as the guarantor and defender of the fundamental rights of citizens, empowered to issue writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) for their enforcement.

69. Is the Supreme Court’s writ jurisdiction exclusive?

No, the Supreme Court’s writ jurisdiction is not exclusive, as high courts are also empowered to issue writs for fundamental rights enforcement.

70. What is the difference between the Supreme Court’s original jurisdiction for federal disputes and its original jurisdiction for fundamental rights disputes?

For federal disputes, it is exclusive. For fundamental rights disputes, it is concurrent with high courts. Parties in federal disputes are units of the federation, while in fundamental rights disputes, it’s a citizen vs. government.

71. What is the difference between the writ jurisdiction of the Supreme Court and that of the high court?

The Supreme Court can issue writs only for the enforcement of Fundamental Rights. The high court can issue writs for the enforcement of Fundamental Rights and for other purposes, making its writ jurisdiction wider.

72. What is the Appellate Jurisdiction of the Supreme Court?

The Supreme Court is primarily a court of appeal, hearing appeals against judgments of subordinate courts. It has a wide appellate jurisdiction classified under four heads: constitutional, civil, criminal, and by special leave.

73. What are the four heads under which the Appellate Jurisdiction of the Supreme Court is classified?

The four heads are: (a) Appeals in constitutional matters. (b) Appeals in civil matters. (c) Appeals in criminal matters. (d) Appeals by special leave.

74. When can an appeal be made to the Supreme Court in constitutional cases?

An appeal can be made if the high court certifies that the case involves a substantial question of law requiring interpretation of the Constitution.

75. When can an appeal be made to the Supreme Court in civil cases?

An appeal lies if the high court certifies that the case involves a substantial question of law of general importance and that the question needs to be decided by the Supreme Court.

76. What was the original monetary limit for appeals in civil cases before the Supreme Court?

Originally, only civil cases involving a sum of not less than ₹20,000 could be appealed. This limit was removed by the 30th Constitutional Amendment Act of 1972.

77. When does the Supreme Court hear appeals against the judgment in a criminal proceeding of a high court?

The Supreme Court hears appeals if the high court: (i) Has on appeal reversed an order of acquittal and sentenced the accused to death. (ii) Has taken before itself any case from a subordinate court and convicted the accused to death. (iii) Certifies that the case is fit for appeal to the Supreme Court.

78. Is there a right to appeal to the Supreme Court in the first two criminal cases mentioned?

Yes, in the first two cases, an appeal lies to the Supreme Court as a matter of right.

79. What happens if a high court reverses an order of conviction and orders acquittal?

If the high court reverses an order of conviction and orders acquittal, there is no right to appeal to the Supreme Court.

80. What did the Parliament do in 1970 regarding the Criminal Appellate Jurisdiction of the Supreme Court?

In 1970, Parliament enlarged the Criminal Appellate Jurisdiction of the Supreme Court.

81. Under the enlarged Criminal Appellate Jurisdiction, when does an appeal lie to the Supreme Court from a high court judgment?

An appeal lies if the high court: (i) Has on appeal, reversed an order of acquittal and sentenced the accused to imprisonment for life or for ten years. (ii) Has taken before itself any case from a subordinate court and convicted the accused to imprisonment for life or for ten years.

82. What is Appeal by Special Leave?

The Supreme Court is authorized to grant in its discretion special leave to appeal from any judgment in any matter passed by any court or tribunal in the country (except military tribunal and court martial).

83. What are the four aspects of the provision for Appeal by Special Leave?

The four aspects are: (i) It is a discretionary power, not a matter of right. (ii) It can be granted in any judgment, final or interlocutory. (iii) It may be related to any matter (constitutional, civil, criminal, income-tax, labor, revenue, advocates, etc.). (iv) It can be granted against any court or tribunal, not necessarily a high court (except military court).

84. What is the Advisory Jurisdiction of the Supreme Court?

The Constitution (Article 143) authorizes the President to seek the opinion of the Supreme Court on questions of law or fact of public importance, or on disputes arising from pre-Constitution treaties.

85. Is the Supreme Court’s opinion binding on the President under its Advisory Jurisdiction?

No, the opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement, hence not binding on the President.

86. How many references has the President made to the Supreme Court under its advisory jurisdiction so far?

So far, the President has made fifteen references to the Supreme Court under its advisory jurisdiction.

87. What are the two powers of the Supreme Court as a Court of Record?

As a Court of Record, the Supreme Court has two powers: (a) Its judgments, proceedings, and acts are recorded for perpetual memory and testimony, having evidentiary value and cannot be questioned. (b) It has power to punish for contempt of itself.

88. Does the Supreme Court have power to punish for contempt of high courts, subordinate courts, and tribunals?

Yes, in 1991, the Supreme Court ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts, and tribunals functioning in the entire country.

89. What is the Contempt of Courts Act (1971)?

The Contempt of Courts Act (1971) was enacted by Parliament based on recommendations of the H.N. Sanyal committee (1961-1963) to examine the law relating to contempt of courts.

90. What are the two types of contempt of court under the Contempt of Courts Act (1971)?

Under the Act, contempt of court may be civil or criminal.

91. What is civil contempt?

Civil contempt means wilful disobedience to any judgment, order, writ, or other process of a court, or wilful breach of an undertaking given to a court.

92. What is criminal contempt?

Criminal contempt means the publication of any matter or doing an act which: (i) Scandalises or lowers the authority of a court. (ii) Prejudices or interferes with the due course of a judicial proceeding. (iii) Interferes or obstructs the administration of justice in any other manner.

93. What acts do not amount to contempt of court?

Innocent publication and distribution of matter, fair and accurate report of judicial proceedings, and fair criticism of judicial acts do not amount to contempt of court.

94. What is the punishment for contempt of court under the Contempt of Courts Act?

Contempt of court is punishable with simple imprisonment for up to six months or with a fine up to ₹2,000 or with both.

95. What is the time limit for initiating contempt proceedings?

No court shall initiate any proceedings of contempt after the expiry of one year from the date on which the contempt is alleged to have been committed.

96. Does the Contempt of Courts Act apply to Nyaya Panchayats or other village courts?

No, this Act is not applicable to contempt of Nyaya Panchayats or other village courts established for justice administration.

97. What is the Power of Judicial Review of the Supreme Court?

Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both Central and state governments.

98. What happens if a law or order is found to be violative of the Constitution by the Supreme Court?

If found violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional, and invalid (null and void), and consequently, cannot be enforced by the Government.

99. What is the Review Jurisdiction of the Supreme Court?

The Supreme Court has power to review any judgment pronounced or order made by it. A review petition must be filed within thirty days from the date of the judgment or order and submitted to the same judge or bench.

100. What are the grounds for allowing a review petition?

A review petition is allowed on the following grounds: (i) Discovery of new and important matter or evidence. (ii) Mistake or error apparent on the face of the record. (iii) Any other sufficient reason.

101. Can the Supreme Court reconsider its final judgment or order even after the dismissal of a review petition?

Yes, the court can still reconsider its final judgment or order by way of a curative petition on limited grounds.

102. What are the limited grounds for a curative petition?

The limited grounds for a curative petition are: (i) Violation of the principles of natural justice. (ii) To cure a gross miscarriage of justice. (iii) To prevent abuse of the process of the court. (iv) Bias of the judge.

103. What is the Constitutional Interpretation power of the Supreme Court?

The Supreme Court is the ultimate interpreter of the Constitution, giving final version to its spirit and content. It is guided by a number of doctrines in interpreting the constitution.

104. What are some of the important doctrines that guide the Supreme Court in interpreting the Constitution?

Important doctrines include:

1. Doctrine of Severability.
2. Doctrine of Waiver.
3. Doctrine of Eclipse.
4. Doctrine of Territorial Nexus.
5. Doctrine of Pith and Substance.
6. Doctrine of Colourable Legislation.
7. Doctrine of Implied Powers.
8. Doctrine of Incidental and Ancillary Powers.
9. Doctrine of Precedent.
10. Doctrine of Occupied Field.
11. Doctrine of Prospective Overruling.
12. Doctrine of Harmonious Construction.
13. Doctrine of Liberal Interpretation.

105. What are the other powers of the Supreme Court?

Besides the above, the Supreme Court has numerous other powers: (a) Deciding disputes regarding the election of the President and Vice-President (original, exclusive, and final authority). (b) Inquiring into the conduct of the chairman and members of UPSC/SPSC/JSPSC on President’s reference (advice is binding). (c) Authorised to withdraw cases pending before high courts and dispose them, or transfer cases between high courts. (d) Its law is binding on all courts in India. Its decree/order is enforceable throughout the country. All authorities must aid the Supreme Court. (e) Power of judicial superintendence and control over all courts and tribunals in the country.

106. Can the Parliament enlarge the Supreme Court’s jurisdiction and powers?

Yes, the Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list and other matters by special agreement of Centre and states.

107. What are the key differences between the Indian and American Supreme Courts?

Indian Supreme Court: Original jurisdiction confined to federal cases; appellate jurisdiction covers constitutional, civil, criminal cases; wide discretion for special leave to appeal (except military); has advisory jurisdiction; scope of judicial review is limited; defends rights by ‘procedure established by law’; jurisdiction/powers can be enlarged by Parliament; has judicial superintendence over state high courts. American Supreme Court: Original jurisdiction covers federal, naval, maritime, ambassadors; appellate jurisdiction confined to constitutional cases; no plenary power for special leave; no advisory jurisdiction; scope of judicial review is very wide; defends rights by ‘due process of law’; jurisdiction/powers limited by Constitution; no judicial superintendence over state high courts due to separated system.

108. Which Article deals with the Establishment and Constitution of Supreme Court?

Article 124 deals with the Establishment and Constitution of Supreme Court.

109. Which Article deals with the National Judicial Appointments Commission?

Article 124A deals with the National Judicial Appointments Commission.

110. Which Article deals with the Functions of Commission?

Article 124B deals with the Functions of Commission.

111. Which Article deals with the Power of Parliament to make law?

Article 124C deals with the Power of Parliament to make law.

112. Which Article deals with Salaries, etc., of Judges?

Article 125 deals with Salaries, etc., of Judges.

113. Which Article deals with the Appointment of acting Chief Justice?

Article 126 deals with the Appointment of acting Chief Justice.

114. Which Article deals with the Appointment of ad hoc Judges?

Article 127 deals with the Appointment of ad hoc Judges.

115. Which Article deals with Attendance of retired Judges at sittings of the Supreme Court?

Article 128 deals with Attendance of retired Judges at sittings of the Supreme Court.

116. Which Article deals with the Supreme Court to be a court of record?

Article 129 deals with the Supreme Court to be a court of record.

117. Which Article deals with the Seat of Supreme Court?

Article 130 deals with the Seat of Supreme Court.

118. Which Article deals with Original jurisdiction of the Supreme Court?

Article 131 deals with Original jurisdiction of the Supreme Court.

119. Which Article deals with Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed)?

Article 131A deals with Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed).

120. Which Article deals with Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases?

Article 132 deals with Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.

121. Which Article deals with Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters?

Article 133 deals with Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.

122. Which Article deals with Appellate jurisdiction of Supreme Court in regard to criminal matters?

Article 134 deals with Appellate jurisdiction of Supreme Court in regard to criminal matters.

123. Which Article deals with Certificate for appeal to the Supreme Court?

Article 134A deals with Certificate for appeal to the Supreme Court.

124. Which Article deals with Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court?

Article 135 deals with Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.

125. Which Article deals with Special leave to appeal by the Supreme Court?

Article 136 deals with Special leave to appeal by the Supreme Court.

126. Which Article deals with Review of judgments or orders by the Supreme Court?

Article 137 deals with Review of judgments or orders by the Supreme Court.

127. Which Article deals with Enlargement of the jurisdiction of the Supreme Court?

Article 138 deals with Enlargement of the jurisdiction of the Supreme Court.

128. Which Article deals with Conferment on the Supreme Court of powers to issue certain writs?

Article 139 deals with Conferment on the Supreme Court of powers to issue certain writs.

129. Which Article deals with Transfer of certain cases?

Article 139A deals with Transfer of certain cases.

130. Which Article deals with Ancillary powers of Supreme Court?

Article 140 deals with Ancillary powers of Supreme Court.

131. Which Article deals with Law declared by Supreme Court to be binding on all courts?

Article 141 deals with Law declared by Supreme Court to be binding on all courts.

132. Which Article deals with Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.?

Article 142 deals with Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

133. Which Article deals with Power of President to consult Supreme Court?

Article 143 deals with Power of President to consult Supreme Court.

134. Which Article deals with Civil and judicial authorities to act in aid of the Supreme Court?

Article 144 deals with Civil and judicial authorities to act in aid of the Supreme Court.

135. Which Article deals with Special provisions as to disposal of questions relating to constitutional validity of laws (Repealed)?

Article 144A deals with Special provisions as to disposal of questions relating to constitutional validity of laws (Repealed).

136. Which Article deals with Rules of court, etc.?

Article 145 deals with Rules of court, etc.

137. Which Article deals with Officers and servants and the expenses of the Supreme Court?

Article 146 deals with Officers and servants and the expenses of the Supreme Court.

138. Which Article deals with Interpretation?

Article 147 deals with Interpretation.

Chapter 27 Judicial Review

1. Where did the doctrine of judicial review originate and develop?

The doctrine of judicial review originated and developed in the USA.

2. In which famous case was the doctrine of judicial review propounded for the first time?

It was propounded for the first time in the famous case of Marbury versus Madison (1803) by John Marshall.

3. Does the Indian Constitution explicitly confer the power of judicial review?

Yes, in India, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).

4. What has the Supreme Court declared about the power of judicial review?

The Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution.

5. Can the power of judicial review be curtailed or excluded by a constitutional amendment?

No, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment.

6. What is the meaning of Judicial Review?

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both Central and State governments. If found violative of the Constitution, they are declared illegal, unconstitutional, and invalid.

7. How has Justice Syed Shah Mohamed Quadri classified judicial review?

Justice Syed Shah Mohamed Quadri has classified judicial review into three categories:

1. Judicial review of constitutional amendments.
2. Judicial review of legislation of Parliament and State Legislatures and subordinate legislations.
3. Judicial review of administrative action of the Union and State and authorities under the state.

8. In which cases has the Supreme Court used the power of judicial review?

The Supreme Court used judicial review in cases like Golaknath case (1967), Bank Nationalisation case (1970), Privy Purses Abolition case (1970), Kesavananda Bharati case (1973), and Minerva Mills case (1980).

9. What did the Supreme Court declare in 2015 regarding the 99th Constitutional Amendment and the NJAC Act?

In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the National Judicial Appointments Commission (NJAC) Act, 2014 as unconstitutional and null and void.

10. Why is Judicial review needed?

Judicial review is needed for the following reasons: (a) To uphold the principle of the supremacy of the Constitution. (b) To maintain federal equilibrium (balance between Centre and states). (c) To protect the Fundamental Rights of the citizens.

11. What are the constitutional provisions that explicitly confer the power of judicial review on the Supreme Court and High Courts?

The provisions include:

1. Article 13: Declares laws inconsistent with Fundamental Rights as null and void.
2. Article 32: Guarantees right to move Supreme Court for Fundamental Rights enforcement and empowers it to issue writs.
3. Article 131: Provides original jurisdiction for Centre–state and inter-state disputes.
4. Article 132: Provides appellate jurisdiction in constitutional cases.
5. Article 133: Provides appellate jurisdiction in civil cases.
6. Article 134: Provides appellate jurisdiction in criminal cases.
7. Article 134-A: Deals with certificate for appeal to Supreme Court from High Courts.
8. Article 135: Empowers Supreme Court to exercise Federal Court jurisdiction/powers under pre-constitution law.
9. Article 136: Authorizes Supreme Court to grant special leave to appeal from any court/tribunal (except military).
10. Article 143: Authorizes President to seek Supreme Court opinion on law/fact questions and pre-constitution legal matters.
11. Article 226: Empowers High Courts to issue directions/orders/writs for Fundamental Rights enforcement and other purposes.
12. Article 227: Vests High Courts with superintendence over all courts/tribunals (except military).
13. Article 245: Deals with territorial extent of laws made by Parliament/State Legislatures.
14. Article 246: Deals with subject matter of laws made by Parliament/State Legislatures (Union, State, Concurrent Lists).
15. Articles 251 and 254: Provide that central law prevails over state law in case of conflict, making state law void.
16. Article 372: Deals with continuance in force of pre-constitution laws.

12. On what three grounds can the constitutional validity of a legislative enactment or an executive order be challenged in the Supreme Court or High Courts?

The constitutional validity can be challenged if: (a) It infringes the Fundamental Rights (Part III). (b) It is outside the competence of the authority which has framed it. (c) It is repugnant to the constitutional provisions.

13. How does the scope of judicial review in India compare to that in the USA?

The scope of judicial review in India is narrower than in the USA. This is because the American Constitution provides for ‘due process of law’, giving wide scope for judicial protection on substantive and procedural grounds, while the Indian Constitution has ‘procedure established by law’, examining constitutionality only on substantive grounds.

14. What are the two major aspects of judicial activism followed by the Indian Judiciary?

The two major aspects are: (i) Directions issued by courts to government authorities for protecting citizens’ rights and public interest (e.g., Public Interest Litigation). (ii) Interpretation of fundamental rights, particularly the right to equality (Article 14), freedom (Article 19), and life and personal liberty (Article 21).

15. What are the reasons for judicial activism according to Dr. B.L. Wadehra?

According to Dr. B.L. Wadehra, the reasons are: (i) Near collapse of responsible government when Legislature and Executive fail to discharge functions. (ii) Citizens looking to the judiciary for protection of rights and freedoms. (iii) Judicial enthusiasm of judges to participate in social reforms. (iv) Legislative vacuum in certain areas, leading courts to indulge in judicial legislation. (v) The Constitution itself provides scope for judiciary to legislate or play an active role.

16. What are the eventualities when the judiciary may overstep its normal jurisdiction according to Subhash Kashyap?

According to Subhash Kashyap, this may occur when: (i) The legislature fails to discharge its responsibilities. (ii) There is a ‘hung’ legislature and a weak, insecure government. (iii) Those in power are afraid of making honest decisions and refer public issues to courts. (iv) The legislature and executive fail to protect basic rights of citizens. (v) The court of law is misused by a strong authoritarian party government. (vi) Courts themselves become victims of craze for populism and publicity.

17. What are the typologies of social/human rights activists who activated judicial activism according to Upendra Baxi?

Upendra Baxi delineated the following typologies:

1. Civil Rights Activists: Focus on civil and political rights.
2. People Rights Activists: Focus on social and economic rights amidst state repression.
3. Consumer Rights Groups: Raise consumer rights issues within accountability framework.
4. Bonded Labour Groups: Advocate for annihilation of wage slavery.
5. Citizens for Environmental Action: Combat environmental degradation and pollution.
6. Citizen Groups against Large Irrigation Projects: Seek orders against mega irrigation projects.
7. Rights of Child Groups: Focus on child labor, literacy, juveniles, and rights of children born to sex workers.
8. Custodial Rights Groups: Social action by prisoners’ rights groups, women under state custody, and persons under preventive detention.
9. Poverty Rights Groups: Litigate issues concerning drought, famine relief, and urban impoverished.
10. Indigenous People’s Rights Groups: Agitate for issues of forest dwellers, citizens of Fifth and Sixth Schedules, and identity rights.
11. Women’s Rights Groups: Agitate for gender equality, gender-based violence, rape, and dowry murders.
12. Bar-based Groups: Agitate for autonomy and accountability of Indian judiciary.
13. Media Autonomy Groups: Focus on autonomy and accountability of press and state-owned mass media.
14. Assorted Lawyer-Based Groups: Critically influential lawyers’ groups agitating for various causes.
15. Assorted Individual Petitioners: Freelance activist individuals.

18. What are the typology of fears generated by judicial activism according to Upendra Baxi?

Upendra Baxi described the following fears:

1. Ideological fears: Usurping powers of legislature, executive, or other autonomous institutions.
2. Epistemic fears: Lack of knowledge in economic, scientific, or other specialized matters.
3. Management fears: Adding litigation workload to staggering arrears.
4. Legitimation fears: Depleting symbolic/instrumental authority by passing orders executive may bypass/ignore.
5. Democratic fears: Nurturing democracy or depleting its potential for the future.
6. Biographic fears: Concern about one’s place in national affairs after superannuation if overdoing litigation.

19. What is Judicial Restraint?

Judicial restraint is a judicial philosophy where judges limit their role to saying what the law is, leaving law-making to legislators and executives. It advocates self-control by the judiciary and that judges should not let personal political values color their opinions.

20. What are the six assumptions on which the doctrine of judicial restraint is based in the USA?

The six assumptions are:

1. The Court is basically undemocratic and non-elective, thus should defer to democratic branches.
2. The questionable origins of judicial review, a power not specifically granted by the Constitution.
3. The doctrine of separation of powers.
4. The concept of federalism, requiring deference to state governments.
5. The pragmatic assumption that the Court, dependent on Congress for jurisdiction/resources, should not overstep boundaries without considering risks.
6. The aristocratic notion that law is reason and judgment, while politics is power and influence; thus, the Court should not delve into politics.

21. Which assumptions of judicial restraint from the USA hold good in the Indian context?

All assumptions except the second (dealing with judicial review’s questionable origins) hold good in the Indian context.

22. What observations did the Supreme Court of India make in December 2007 regarding judicial restraint?

In December 2007, the Supreme Court called for judicial restraint, stating that judges should not take over legislative or executive functions, respect separation of powers, know their limits, and not try to run the government. It warned against judicial activism becoming judicial adventurism.

23. Which Article declares that all laws inconsistent with or in derogation of the Fundamental Rights shall be null and void?

Article 13 declares that all laws inconsistent with or in derogation of the Fundamental Rights shall be null and void.

24. Which Article guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights?

Article 32 guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights.

25. Which Article provides for the original jurisdiction of the Supreme Court in centre–state and inter-state disputes?

Article 131 provides for the original jurisdiction of the Supreme Court in centre–state and inter-state disputes.

26. Which Article provides for the appellate jurisdiction of the Supreme Court in constitutional cases?

Article 132 provides for the appellate jurisdiction of the Supreme Court in constitutional cases.

27. Which Article provides for the appellate jurisdiction of the Supreme Court in civil cases?

Article 133 provides for the appellate jurisdiction of the Supreme Court in civil cases.

28. Which Article provides for the appellate jurisdiction of the Supreme Court in criminal cases?

Article 134 provides for the appellate jurisdiction of the Supreme Court in criminal cases.

29. Which Article deals with the certificate for appeal to the Supreme Court from the High Courts?

Article 134-A deals with the certificate for appeal to the Supreme Court from the High Courts.

30. Which Article empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any pre-constitution law?

Article 135 empowers the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any pre-constitution law.

31. Which Article authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial)?

Article 136 authorises the Supreme Court to grant special leave to appeal from any court or tribunal (except military tribunal and court martial).

32. Which Article authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters?

Article 143 authorises the President to seek the opinion of the Supreme Court on any question of law or fact and on any pre-constitution legal matters.

33. Which Article empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose?

Article 226 empowers the High Courts to issue directions or orders or writs for the enforcement of the Fundamental Rights and for any other purpose.

34. Which Article vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals)?

Article 227 vests in the High Courts the power of superintendence over all courts and tribunals within their respective territorial jurisdictions (except military courts or tribunals).

35. Which Article deals with the territorial extent of laws made by Parliament and by the Legislatures of States?

Article 245 deals with the territorial extent of laws made by Parliament and by the Legislatures of States.

36. Which Article deals with the subject matter of laws made by Parliament and by the Legislatures of States (i.e., Union List, State List and Concurrent List)?

Article 246 deals with the subject matter of laws made by Parliament and by the Legislatures of States (i.e., Union List, State List and Concurrent List).

37. Which Articles provide that in case of a conflict between the central law and state law, the central law prevails over the state law and the state law shall be void?

Articles 251 and 254 provide that in case of a conflict between the central law and state law, the central law prevails over the state law and the state law shall be void.

38. Which Article deals with the continuance in force of the pre-constitution laws?

Article 372 deals with the continuance in force of the pre-constitution laws.

Chapter 29 Public Interest Litigation

1. Where did the concept of Public Interest Litigation (PIL) originate and develop?

The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s.

2. What was the purpose of PIL in the USA?

In the USA, PIL was designed to provide legal representation to previously unrepresented groups and interests, such as the poor, environmentalists, consumers, and minorities.

3. How is the concept of PIL related to judicial activism in India?

In India, the concept of PIL is closely related to judicial activism. It is mainly attributed to the judicial activism role of the Supreme Court and is the most popular form of judicial activism.

4. When was PIL introduced in India?

PIL was introduced in India in the early 1980s.

5. Who were the pioneers of the concept of PIL in India?

Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL in India.

6. What are the other names for PIL?

PIL is also known as Social Action Litigation (SAL), Social Interest Litigation (SIL), and Class Action Litigation (CAL).

7. How did the introduction of PIL relax the traditional rule of ‘locus standi’?

The introduction of PIL relaxed the traditional rule of ‘locus standi’, which usually requires the aggrieved person to move the court. Under PIL, any public-spirited citizen or social organization can move the court for the enforcement of rights of persons unable to approach the court due to poverty, ignorance, or disadvantage.

8. How has the Supreme Court defined PIL?

The Supreme Court has defined PIL as “a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.”

9. What are the real purposes of PIL?

The real purposes of PIL are: (i) Vindication of the rule of law. (ii) Facilitating effective access to justice for socially and economically weaker sections. (iii) Meaningful realisation of the fundamental rights.

10. What are the features of PIL?

The features of PIL are:

1. It is a strategic arm of the legal aid movement to bring justice to the poor.
2. It is a different kind of litigation from ordinary adversarial litigation, aiming to promote public interest.
3. It is brought to promote and vindicate public interest, not to enforce individual rights against another.
4. It demands that violations of constitutional and legal rights of large numbers of disadvantaged people not go unnoticed.
5. It is a co-operative effort of the petitioner, State/Public Authority, and Court to secure constitutional/legal rights for vulnerable sections.
6. Litigation is undertaken for redressing public injury, enforcing public duty, protecting collective rights, or vindicating public interest.
7. The Court’s role is more assertive and creative, assuming a positive attitude.
8. While procedural laws apply, principles of res judicata depend on petition nature.
9. There is no determination on adjudication of individual rights.

11. What guidelines did the Supreme Court formulate in 1988 for entertaining PIL letters or petitions?

In 1988, the Supreme Court formulated guidelines, modified in 1993 and 2003, stating that letters or petitions falling under specific categories would ordinarily be entertained as PIL.

12. What categories of cases will ordinarily be entertained as PIL?

The categories are:

1. Bonded labour matters.
2. Neglected children.
3. Non-payment of minimum wages to workers and exploitation of casual workers (except individual cases).
4. Petitions from jails complaining of harassment, premature release, release after 14 years, death in jail, transfer, release on personal bond, speedy trial.
5. Petitions against police for refusing to register a case, harassment, and death in police custody.
6. Petitions against atrocities on women (harassment, bride-burning, rape, murder, kidnapping).
7. Petitions complaining of harassment or torture of villagers by co-villagers or police from SCs, STs, and economically backward classes.
8. Petitions pertaining to environmental pollution, ecological balance, drugs, food adulteration, heritage/culture maintenance, antiques, forest, and wild life.
9. Petitions from riot-victims.
10. Family pension.

13. What categories of cases will not be entertained as PIL?

The categories not entertained as PIL are:

1. Landlord–tenant matters.
2. Service matter and those pertaining to pension and gratuity.
3. Complaints against Central/State Government departments and Local Bodies (except those relating to items 1-10 above).
4. Admission to medical and other educational institution.
5. Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

14. What principles did the Supreme Court evolve in regard to PIL?

The Supreme Court evolved the following principles:

1. The Court, under Articles 32 and 226, can entertain petitions from interested persons in welfare of disadvantaged people, and is constitutionally bound to protect their Fundamental Rights.
2. For issues of public importance and fundamental rights enforcement, the court treats letters/telegrams as PIL, relaxing procedural laws.
3. The court will invoke Articles 14 and 21 and International Conventions on Human Rights when injustice is meted out to large numbers of people.
4. The common rule of locus standi is relaxed to enable the court to address grievances of the poor, deprived, illiterate, and disabled.
5. If prima facie satisfied about violation of constitutional rights of disadvantaged groups, the Court may not allow State/Government to question maintainability.
6. Procedural laws apply, but principles like res judicata depend on petition nature.
7. Disputes between warring groups purely in private law will not be agitated as PIL.
8. In appropriate cases, even if petitioner has private interest, the Court may inquire into state of affairs in public interest.
9. The Court in special situations may appoint Commission or other bodies to investigate allegations and facts, or direct management of public institutions.
10. The Court will not ordinarily transgress into policy and will take utmost care not to transgress jurisdiction while protecting rights.
11. The High Court, though able to pass orders for complete justice, does not have a power akin to Article 142 of the Constitution of India.
12. Ordinarily, the High Court should not entertain a writ petition by way of PIL questioning constitutionality or validity of a statute or a statutory rule.

15. What guidelines did the Supreme Court lay down for checking the misuse of PIL?

The Supreme Court laid down the following guidelines:

1. The Court must encourage genuine and bona fide PIL and effectively discourage/curb PIL filed for extraneous considerations.
2. Each High Court should properly formulate rules for encouraging genuine PIL and discouraging those with oblique motives.
3. The Court should prima facie verify the credentials of the petitioner before entertaining PIL.
4. The Court shall be prima facie satisfied regarding the correctness of the contents of the petition.
5. The Court should be fully satisfied that substantial public interest is involved.
6. The Court should ensure that petitions involving larger public interest, gravity, and urgency are given priority.
7. The Court must ensure that PIL is aimed at redressal of genuine public harm and public injury, and that there is no personal gain, private motive, or oblique motive.
8. The Court should discourage petitions filed by busybodies for extraneous and ulterior motives by imposing exemplary costs or adopting novel methods.

Chapter 30 Governor

1. What is the pattern of government in the states as envisaged by the Constitution of India?

The Constitution of India envisages the same pattern of government in the states as that for the Centre, which is a parliamentary system.

2. Which Articles in which Part of the Constitution deal with the state executive?

Articles 153 to 167 in Part VI of the Constitution deal with the state executive.

3. What does the state executive consist of?

The state executive consists of the governor, the chief minister, the council of ministers, and the advocate general of the state.

4. Is there an office of vice-governor in the state?

No, there is no office of vice-governor (in the state) like that of Vice-President at the Centre.

5. What is the governor’s role as the chief executive head of the state?

The governor is the chief executive head of the state.

6. Is the governor a nominal or real executive head?

The governor is a nominal executive head (titular or constitutional head), like the President.

7. What is the dual role of the governor’s office?

The governor acts as both the constitutional head of the state and an agent of the central government.

8. Is there usually a governor for each state?

Yes, usually there is a governor for each state.

9. What did the 7th Constitutional Amendment Act of 1956 facilitate regarding the appointment of a governor?

The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.

10. How is the governor appointed?

The governor is appointed by the President by warrant under his/her hand and seal.

11. Is the governor directly elected by the people or indirectly elected by an electoral college?

No, the governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college.

12. What did the Supreme Court hold in Hargovind Pant case (1979) regarding the office of governor?

In Hargovind Pant case (1979), the Supreme Court held that the office of governor is not an employment under the Central government. It is an independent constitutional office, not under the control of or subordinate to the Central government.

13. Why did the Constituent Assembly opt for the present system of appointment of governor by the President instead of direct election?

The Constituent Assembly opted for the present system due to the following reasons:

1. Direct election is incompatible with the parliamentary system in states.
2. Direct election is more likely to create conflicts between the governor and chief minister.
3. Governor is only a constitutional (nominal) head, so elaborate election arrangements are unnecessary.
4. Election would be on personal issues, not in national interest to involve many voters.
5. An elected governor would belong to a party and not be neutral/impartial.
6. Election would create separatist tendencies, affecting political stability and unity.
7. Presidential nomination enables Centre to maintain control over states.
8. Direct election creates a serious problem of leadership at general election time.
9. Chief minister would nominate a “second rate man” from ruling party.

14. What are the two qualifications laid down by the Constitution for the appointment of a person as a governor?

The two qualifications are:

1. He/she should be a citizen of India.
2. He/she should have completed the age of 35 years.

15. What recommendations did the Sarkaria Commission on Centre-State Relations (1983–88) make regarding the selection and appointment of a governor?

The Sarkaria Commission recommended:

1. A governor should be eminent in some walk of life, a person from outside the state, a detached figure not intimately connected with local politics, and not too involved in recent politics.
2. It is desirable that a politician from the ruling party at the Centre is not appointed as Governor of a state run by another party.
3. The procedure of consultation with the state chief minister should be prescribed in the constitution itself by amending Article 155.
4. The Vice-President and Speaker of Lok Sabha may be consulted by the Prime Minister (confidential and informal, not constitutional obligation).

16. What oath does the governor make before entering office?

In his/her oath, the governor swears: (a) To faithfully execute the office. (b) To preserve, protect and defend the Constitution and the law. (c) To devote himself/herself to the service and well-being of the people of the state.

17. Who administers the oath of office to the governor?

The oath of office to the governor is administered by the chief justice of the concerned state high court or, in his/her absence, the senior-most judge of that court available.

18. What are the conditions laid down by the Constitution for the governor’s office?

The conditions are:

1. He/she should not be a member of either House of Parliament or a House of the state legislature. If appointed, he/she is deemed to have vacated that seat.
2. He/she should not hold any other office of profit.
3. He/she is entitled to use his/her official residence (Raj Bhavan) without payment of rent.
4. He/she is entitled to such emoluments, allowances, and privileges as determined by Parliament.
5. If the same person is appointed governor of two or more states, emoluments/allowances are shared by states as determined by the President.
6. His/her emoluments and allowances cannot be diminished during his/her term of office.

19. What was the governor’s salary increased to in 2018?

In 2018, the salary of the governor was increased from ₹1.10 lakh to ₹3.50 lakh per month.

20. What privileges and immunities does the governor enjoy?

Like the President, the governor enjoys personal immunity from legal liability for official acts, is immune from criminal proceedings (even for personal acts) during term, and cannot be arrested or imprisoned. Civil proceedings require two months’ notice.

21. What is the term of office for a governor?

A governor holds office for a term of five years from the date of entering office.

22. Is the governor’s term of five years subject to any condition?

Yes, this term is subject to the pleasure of the President.

23. How can the governor resign from office?

He/she can resign at any time by addressing a resignation letter to the President.

24. What did the Supreme Court hold in the Surya Narain case (1981) regarding the President’s pleasure for the governor’s tenure?

In the Surya Narain case (1981), the Supreme Court held that the pleasure of the President is not justifiable. The governor has no security of tenure and no fixed term of office, and can be removed by the President at any time.

25. Does the Constitution lay down any grounds upon which a governor may be removed by the President?

No, the Constitution does not lay down any grounds upon which a governor may be removed by the President.

26. What happens if a Governor’s term has expired but a successor has not assumed charge?

A governor can hold office beyond his/her term of five years until his/her successor assumes charge, to prevent an interregnum.

27. What are the four categories of powers and functions of the governor?

The powers and functions of the governor are:

1. Executive powers.
2. Legislative powers.
3. Financial powers.
4. Judicial powers.

28. What are the executive powers and functions of the Governor?

The executive powers and functions of the Governor are:

1. All executive actions of the state government are formally taken in his/her name.
2. Making rules for authentication of orders and instruments.
3. Making rules for convenient transaction of state government business and allocation among ministers.
4. Appointing the chief minister and other ministers, who hold office during his/her pleasure.
5. Appointing the advocate general of a state and determining remuneration.
6. Appointing the state election commissioner and determining conditions of service/tenure (but removed by President).
7. Appointing the chairman and members of the state public service commission (but removed by President).
8. Seeking information from the chief minister on state administration and legislative proposals.
9. Requiring the chief minister to submit matters for Council of Ministers’ consideration that a minister has decided but the council has not.
10. Recommending the imposition of constitutional emergency in a state to the President.
11. Acting as the chancellor of universities in the state and appointing vice-chancellors.

29. What is the legislative role of the governor in the state legislature?

A governor is an integral part of the state legislature.

30. What are the legislative powers and functions of the Governor?

The legislative powers and functions of the Governor are:

1. Summoning or proroguing the state legislature and dissolving the state legislative assembly.
2. Addressing the state legislature at the commencement of the first session after each general election and the first session of each year.
3. Sending messages to the house or houses of the state legislature regarding bills or otherwise.
4. Appointing any member of the State legislative assembly to preside when Speaker and Deputy Speaker offices are vacant, and similarly for the state legislative council Chairman and Deputy Chairman.
5. Nominating one-sixth of the members of the state legislative council from persons with special knowledge in literature, science, art, cooperative movement, and social service.
6. (Before 2020) Nominating one member to the State Legislative Assembly from the Anglo-Indian community (discontinued by the 104th Amendment Act of 2019).
7. Deciding on the question of disqualification of members of the state legislature in consultation with the Election Commission.
8. Having alternatives when a bill passed by state legislature is sent for assent: giving assent, withholding assent, returning the bill (if not money bill) for reconsideration, or reserving the bill for President’s consideration.
9. Promulgating ordinances when the state legislature is not in session (must be approved within six weeks of reassembly, can be withdrawn anytime).

31. What are the financial powers and functions of the governor?

The financial powers and functions of the governor are:

1. Seeing that the Annual Financial Statement (state budget) is laid before the state legislature.
2. Money bills can be introduced in the state legislature only with his/her prior recommendation.
3. No demand for a grant can be made except on his/her recommendation.
4. Making advances out of the Contingency Fund of the state to meet unforeseen expenditure.
5. Constituting a finance commission every five years to review the financial position of panchayats and municipalities.

32. What are the judicial powers and functions of the governor?

The judicial powers and functions of the governor are:

1. Granting pardons, reprieves, respites, and remissions of punishment, or suspending, remitting, and commuting sentences for offenses against state law.
2. Being consulted by the President while appointing judges of the concerned state high court.
3. Making appointments, postings, and promotions of district judges in consultation with the state high court.
4. Appointing persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.

33. What are the four alternatives for the governor when an ordinary bill is presented for assent?

When an ordinary bill is presented for assent, the governor has four alternatives:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Return the bill (if it is not a money bill) for reconsideration.
4. Reserve the bill for the consideration of the President.

34. What happens if an ordinary bill returned by the governor for reconsideration is passed again by the state legislature?

If the bill is passed again by the state legislature, with or without amendments, the governor has to give his/her assent to the bill.

35. What type of veto does the governor enjoy regarding ordinary bills?

The governor enjoys only a ‘suspensive veto’ for ordinary bills.

36. What happens when the governor reserves a bill for the President’s consideration?

When the governor reserves a bill for the President’s consideration, he/she will not have any further role in the enactment of the bill.

37. What are the President’s two alternatives when a money bill is presented for assent?

The President has two alternatives: (a) Give his/her assent to the bill. (b) Withhold his/her assent to the bill.

38. Can the President return a money bill for reconsideration?

No, the President cannot return a money bill for reconsideration.

39. What are the governor’s three alternatives when a money bill is presented for assent?

When a money bill is presented for assent, the governor has three alternatives:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Reserve the bill for the consideration of the President.

40. Can the governor return a money bill for reconsideration?

No, the governor cannot return a money bill for reconsideration of the state legislature.

41. What is the governor’s role when a money bill is reserved for the President’s consideration?

When the governor reserves a money bill for the President’s consideration, he/she will not have any further role in the enactment of the bill.

42. What are the differences between the ordinance-making powers of the President and the Governor?

President: Can promulgate when both Houses of Parliament are not in session or either House is not; ordinance-making power is coextensive with Parliament’s legislative power; ordinance has same force as Act of Parliament; subject to same limitations as Act of Parliament; can withdraw anytime; not a discretionary power. Governor: Can promulgate when legislative assembly is not in session or either House of bicameral legislature is not; ordinance-making power is coextensive with state legislature’s legislative power; ordinance has same force as Act of state legislature; subject to same limitations as Act of state legislature; can withdraw anytime; not a discretionary power; cannot make an ordinance without President’s instructions in three cases.

43. In what three cases can the governor not make an ordinance without the instructions from the President?

The governor cannot make an ordinance without the President’s instructions if: (a) A bill containing the same provisions would have required the previous sanction of the President for its introduction into the state legislature. (b) He/she would have deemed it necessary to reserve a bill containing the same provisions for the President’s consideration. (c) An act of the state legislature containing the same provisions would have been invalid without receiving the President’s assent.

44. What are the differences between the pardoning powers of the President and the Governor?

President: Can pardon, reprieve, respite, remit, suspend, or commute punishment for offenses against Central law, by court martial, and death sentences. He/she is the only authority to pardon a death sentence. Governor: Can pardon, reprieve, respite, remit, suspend, or commute punishment for offenses against state law. He/she cannot pardon a death sentence (though can suspend, remit, commute it) or sentences by court martial.

45. What is the constitutional position of the governor in the states?

The governor has been made only a nominal executive; the real executive constitutes the council of ministers headed by the chief minister.

46. What does Article 154 state regarding the executive power of the state?

Article 154 states that the executive power of the state shall be vested in the governor and exercised by him/her either directly or through subordinate officers in accordance with the Constitution.

47. What does Article 163 state regarding the Council of Ministers and the Governor?

Article 163 states that there shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his/her functions, except in matters of discretion.

48. What does Article 164 state regarding the collective responsibility of the Council of Ministers in the state?

Article 164 states that the council of ministers shall be collectively responsible to the legislative assembly of the state.

49. How does the constitutional position of the governor differ from that of the President in two respects?

The constitutional position of the governor differs from the President in two respects:

1. The Constitution envisages the possibility of the governor acting at times in his/her discretion, but no such possibility has been envisaged for the President.
2. After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President, but no such provision has been made with respect to the governor.

50. What are the constitutional discretion cases of the governor?

The governor has constitutional discretion in the following cases:

1. Reservation of a bill for the consideration of the President.
2. Recommendation for the imposition of the President’s Rule in the state.
3. While exercising his/her functions as the administrator of an adjoining union territory (in case of additional charge).
4. Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.

51. What are the situational discretion cases of the governor?

The governor also has situational discretion in the following cases:

1. Appointment of chief minister when no party has a clear-cut majority or when the chief minister dies suddenly without an obvious successor.
2. Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
3. Dissolution of the state legislative assembly if the council of ministers has lost its majority.

52. What are the special responsibilities of the governor according to the President’s directions?

The governor has special responsibilities for:

1. Maharashtra: Establishment of separate development boards for Vidarbha and Marathwada.
2. Gujarat: Establishment of separate development boards for Saurashtra and Kutch.
3. Nagaland: Law and order in the Naga Hills–Tuensang Area.
4. Assam: Administration of tribal areas.
5. Manipur: Administration of the hill areas.
6. Sikkim: Peace and social/economic advancement of population sections.
7. Arunachal Pradesh: Law and order.
8. Karnataka: Establishment of a separate development board for Hyderabad-Karnataka region.

53. What issues did the Sarkaria Commission on Centre-State Relations (1983–88) identify in the functioning of the Governor?

The Sarkaria Commission identified issues in:

1. Choosing Chief Minister: Discretion used when no clear majority, leading to allegations of partisanship.
2. Testing Majority: Governors used various methods, some criticized for lacking uniformity.
3. Dismissal of Chief Minister: No uniformity in criteria; CM cannot continue without majority support.
4. Dissolving Legislative Assembly: Different approaches adopted by Governors, some refusing dissolution despite CM losing support.
5. Recommending President’s Rule: Governors recommended Article 356 without exhausting all steps, criticized for partisan behavior and lack of uniformity.
6. Reserving Bills for President’s Consideration: Created controversy in some cases.
7. Nominations to Legislative Council: Use of discretion criticized for lacking uniformity.
8. Exercise of Discretion as Chancellor of University: Use of discretion criticized for not abiding by Council of Ministers’ advice.

54. Which Article deals with Governors of states?

Article 153 deals with Governors of states.

55. Which Article deals with Executive power of state?

Article 154 deals with Executive power of state.

56. Which Article deals with Appointment of Governor?

Article 155 deals with Appointment of Governor.

57. Which Article deals with Term of office of Governor?

Article 156 deals with Term of office of Governor.

58. Which Article deals with Qualifications for appointment as Governor?

Article 157 deals with Qualifications for appointment as Governor.

59. Which Article deals with Conditions of Governor’s office?

Article 158 deals with Conditions of Governor’s office.

60. Which Article deals with Oath or affirmation by the Governor?

Article 159 deals with Oath or affirmation by the Governor.

61. Which Article deals with Discharge of the functions of the Governor in certain contingencies?

Article 160 deals with Discharge of the functions of the Governor in certain contingencies.

62. Which Article deals with Power of the Governor to grant pardons and others?

Article 161 deals with Power of the Governor to grant pardons and others.

63. Which Article deals with Extent of executive power of state?

Article 162 deals with Extent of executive power of state.

64. Which Article deals with Council of ministers to aid and advise the Governor?

Article 163 deals with Council of ministers to aid and advise the Governor.

65. Which Article deals with Other provisions as to ministers like appointments, term, salaries, and others?

Article 164 deals with Other provisions as to ministers like appointments, term, salaries, and others.

66. Which Article deals with Advocate-General for the state?

Article 165 deals with Advocate-General for the state.

67. Which Article deals with Conduct of business of the government of a state?

Article 166 deals with Conduct of business of the government of a state.

68. Which Article deals with Duties of the Chief Minister regarding furnishing of information to the Governor?

Article 167 deals with Duties of the Chief Minister regarding furnishing of information to the Governor.

69. Which Article deals with Sessions of the state legislature, prorogation and dissolution?

Article 174 deals with Sessions of the state legislature, prorogation and dissolution.

70. Which Article deals with the Right of the Governor to address and send messages to the house or houses of state legislature?

Article 175 deals with the Right of the Governor to address and send messages to the house or houses of state legislature.

71. Which Article deals with Special address by the Governor?

Article 176 deals with Special address by the Governor.

72. Which Article deals with Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature)?

Article 200 deals with Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature).

73. Which Article deals with Bills reserved by the Governor for consideration of the President?

Article 201 deals with Bills reserved by the Governor for consideration of the President.

74. Which Article deals with Power of Governor to promulgate ordinances?

Article 213 deals with Power of Governor to promulgate ordinances.

75. Which Article deals with Governor being consulted by the President in the matter of the appointments of the judges of the High Courts?

Article 217 deals with Governor being consulted by the President in the matter of the appointments of the judges of the High Courts.

76. Which Article deals with Appointment of district judges by the Governor?

Article 233 deals with Appointment of district judges by the Governor.

77. Which Article deals with Appointments of persons (other than district judges) to the judicial service of the state by the Governor?

Article 234 deals with Appointments of persons (other than district judges) to the judicial service of the state by the Governor.

Chapter 31 Chief Minister

1. Who is the nominal executive authority and who is the real executive authority in the state political system?

In the state political system, the governor is the nominal executive authority (de jure executive), and the Chief Minister is the real executive authority (de facto executive).

2. Who is the head of the state and who is the head of the government at the state level?

The governor is the head of the state, while the Chief Minister is the head of the government at the state level.

3. Does the Constitution contain any specific procedure for the selection and appointment of the Chief Minister?

No, the Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.

4. What does Article 164 state regarding the appointment of the Chief Minister?

Article 164 states that the Chief Minister shall be appointed by the governor.

5. What is the convention for the governor’s appointment of the Chief Minister when a party has a clear majority in the state legislative assembly?

In accordance with parliamentary conventions, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.

6. When can the governor exercise personal discretion in the selection and appointment of the Chief Minister?

The governor may exercise personal discretion when no party has a clear majority in the assembly.

7. In a situation where no party has a clear majority, whom does the governor usually appoint as Chief Minister?

In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly and asks him/her to seek a vote of confidence in the House within a month.

8. What other situation may require the governor to exercise individual judgment in appointing the Chief Minister?

The governor may have to exercise individual judgment when the Chief Minister in office dies suddenly and there is no obvious successor.

9. What is the governor’s choice if the ruling party elects a new leader upon the death of an incumbent Chief Minister?

On the death of a Chief Minister, if the ruling party elects a new leader, the governor has no choice but to appoint him/her as Chief Minister.

10. Does the Constitution require a person to prove his/her majority in the legislative assembly before being appointed as Chief Minister?

No, the Constitution does not require a person to prove his/her majority in the legislative assembly before being appointed as Chief Minister. The governor may first appoint him/her and then ask him/her to prove majority within a reasonable period.

11. Can a person who is not a member of the state legislature be appointed as Chief Minister?

Yes, a person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which he/she should be elected to the state legislature, failing which he/she ceases to be the Chief Minister.

12. Can the Chief Minister be a member of either House of a state legislature?

Yes, the Chief Minister may be a member of any of the two Houses of a state legislature.

13. What is the usual practice regarding the selection of Chief Ministers from the Houses of a state legislature?

Usually, Chief Ministers have been selected from the Lower House (legislative assembly), but on a number of occasions, a member of the Upper House (legislative council) has also been appointed.

14. What recommendations did the Sarkaria Commission on Centre-State Relations (1983–88) make regarding the selection and appointment of a chief minister?

The Sarkaria Commission recommended:

1. The governor should be guided by the principle that the party or coalition with the widest support in the Legislative Assembly should be called to form the government.
2. The governor’s task is to ensure a government is formed, not to form one that pursues his/her approved policies.
3. If no single party has an absolute majority, the governor should select a chief minister by sounding parties/groups in order of preference: pre-election alliance, largest single party with outside support, post-electoral coalition with all partners, post-electoral alliance with outside support.
4. A chief minister, unless leading an absolute majority party, should seek a vote of confidence within 30 days.
5. If rival claims to majority support arise, the governor should test them on the floor of the House, not outside.

15. Who administers the oaths of office and secrecy to the Chief Minister?

The governor administers the oaths of office and secrecy to the Chief Minister.

16. What does the Chief Minister swear in his/her oath of office?

In his/her oath of office, the Chief Minister swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully and conscientiously discharge the duties of his/her office.
4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

17. What does the Chief Minister swear in his/her oath of secrecy?

In his/her oath of secrecy, the Chief Minister swears that he/she will not directly or indirectly communicate or reveal to any person(s) any matter brought under consideration or known as a state minister, except as required for duties.

18. Is the term of the Chief Minister fixed?

No, the term of the Chief Minister is not fixed, and he/she holds office during the pleasure of the governor.

19. Can the governor dismiss the Chief Minister at any time?

No, the governor cannot dismiss the Chief Minister as long as he/she enjoys the majority support in the legislative assembly.

20. What happens if the Chief Minister loses the confidence of the assembly?

If the Chief Minister loses the confidence of the assembly, he/she must resign or the governor can dismiss him/her.

21. Who determines the salary and allowances of the Chief Minister?

The salary and allowances of the Chief Minister are determined by the state legislature.

22. What are the powers and functions of the Chief Minister in relation to the Council of Ministers?

The Chief Minister enjoys the following powers as head of the state council of ministers:

1. The governor appoints only those persons as ministers who are recommended by the Chief Minister.
2. He/she allocates and reshuffles the portfolios among ministers.
3. He/she can ask a minister to resign or advise the governor to dismiss him/her.
4. He/she presides over the meetings of the council of ministers and influences its decisions.
5. He/she guides, directs, controls, and coordinates the activities of all ministers.
6. He/she can bring about the collapse of the council of ministers by resigning from office.

23. What happens to the council of ministers if the Chief Minister resigns or dies?

The resignation or death of an incumbent Chief Minister automatically dissolves the council of ministers.

24. What are the powers and functions of the Chief Minister in relation to the Governor?

The Chief Minister enjoys the following powers in relation to the governor:

1. He/she is the principal channel of communication between the governor and the council of ministers.
2. It is the duty of the Chief Minister to:
   1. Communicate to the Governor all decisions of the council of ministers relating to state administration and legislative proposals.
   2. Furnish such information as the governor may call for.
   3. Submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but not considered by the council, if the governor so requires.
3. He/she advises the governor on the appointment of important officials like the advocate general, chairman/members of the state public service commission, and state election commissioner.

25. What are the powers and functions of the Chief Minister in relation to the State Legislature?

The Chief Minister, as leader of the house, enjoys the following powers:

1. Advises the governor on summoning and proroguing the sessions of the state legislature.
2. Can recommend dissolution of the legislative assembly to the governor at any time.
3. Announces government policies on the floor of the house.

26. What are the other powers and functions of the Chief Minister?

In addition, the Chief Minister also performs the following functions:

1. He/she is the chairman of the State Planning Board.
2. He/she acts as a vice-chairman of the concerned zonal council by rotation for one year.
3. He/she is a member of the Inter-State Council and the Governing Council of NITI Aayog.
4. He/she is the chief spokesman of the state government.
5. He/she is the crisis manager-in-chief at the political level during emergencies.
6. As a leader of the state, he/she meets various sections of people and receives memoranda regarding their problems.
7. He/she is the leader of the party in power.
8. He/she is the political head of the services.

27. How do the discretionary powers of the governor affect the Chief Minister’s role?

The discretionary powers enjoyed by the governor reduce to some extent the power, authority, influence, prestige, and role of the Chief Minister in the state administration.

28. What does Article 163 state regarding the Council of Ministers and the Governor?

Article 163: There shall be a council of ministers with the Chief Minister as the head to aid and advise the governor on the exercise of his/her functions, except in so far as he/she is required to exercise his/her functions or any of them in his/her discretion.

29. What does Article 164 state regarding the appointment of the Chief Minister and other ministers?

Article 164: The Chief Minister shall be appointed by the governor and other ministers shall be appointed by the governor on the advise of the Chief Minister.

30. What does Article 164 state regarding the tenure of ministers?

Article 164: The ministers shall hold office during the pleasure of the governor.

31. What does Article 164 state regarding the collective responsibility of the council of ministers in the state?

Article 164: The council of ministers shall be collectively responsible to the legislative assembly of the state.

32. What does Article 167 state as the duty of the Chief Minister?

Article 167: It shall be the duty of the Chief Minister to communicate to the governor all decisions of the council of ministers relating to the administration of the state and proposals for legislation; to furnish such information as the governor may call for; and to submit for the council’s consideration any matter decided by a minister but not considered by the council, if the governor so requires.

33. Which Article deals with Council of Ministers to aid and advise Governor?

Article 163 deals with Council of Ministers to aid and advise Governor.

34. Which Article deals with Other provisions as to Ministers?

Article 164 deals with Other provisions as to Ministers.

35. Which Article deals with Conduct of business of the Government of a State?

Article 166 deals with Conduct of business of the Government of a State.

36. Which Article deals with Duties of Chief Minister as respects the furnishing of information to Governor?

Article 167 deals with Duties of Chief Minister as respects the furnishing of information to Governor.

37. Which Article deals with Rights of Ministers as respects the Houses?

Article 177 deals with Rights of Ministers as respects the Houses.

Chapter 32 State Council of Ministers

1. What is the real executive authority in the state politico-administrative system?

The council of ministers headed by the chief minister is the real executive authority in the state politico-administrative system.

2. Which Articles of the Constitution broadly deal with the principles of the parliamentary system of government in the states?

Articles 163 and 164 broadly deal with the principles of the parliamentary system of government in the states.

3. What does Article 163 deal with?

Article 163 deals with the status of the council of ministers.

4. What does Article 164 deal with?

Article 164 deals with the appointment, tenure, responsibility, qualification, oath, and salaries and allowances of the ministers.

5. What does Article 163 state regarding the Council of Ministers and the Governor?

Article 163 states that there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his/her functions, except in so far as he/she is required to exercise his/her functions in his/her discretion.

6. What does Article 163 state regarding the Governor’s decision on matters falling within his/her discretion?

If any question arises whether a matter falls within the Governor’s discretion or not, the decision of the Governor shall be final, and its validity cannot be questioned on the ground that he/she ought or ought not to have acted in his/her discretion.

7. Can the advice tendered by Ministers to the Governor be inquired into in any court?

No, the advice tendered by Ministers to the Governor shall not be inquired into in any court.

8. What does Article 164 state regarding the appointment of the Chief Minister and other Ministers?

Article 164 states that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister.

9. What special provision did the 94th Amendment Act of 2006 make regarding a Tribal Welfare minister?

The 94th Amendment Act of 2006 provided that there shall be a Minister in charge of tribal welfare in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha. Bihar was excluded from this provision.

10. What is the maximum limit on the total number of ministers in the Council of Ministers in a state?

The total number of ministers, including the chief minister, shall not exceed 15% of the total strength of the legislative assembly of that state.

11. What is the minimum limit on the total number of ministers in the Council of Ministers in a state?

The number of ministers, including the chief minister, in a state shall not be less than 12.

12. Which Amendment Act added the provisions for the maximum and minimum limits on the number of ministers?

This provision was added by the 91st Amendment Act of 2003.

13. What is the disqualification for a member of state legislature belonging to any political party who is disqualified on the ground of defection?

A member of either House of state legislature disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was added by the 91st Amendment Act of 2003.

14. During whose pleasure do the ministers hold office?

The ministers shall hold office during the pleasure of the Governor.

15. To whom is the Council of Ministers collectively responsible in the state?

The council of ministers shall be collectively responsible to the state Legislative Assembly.

16. Who administers the oaths of office and secrecy to a minister in the state?

The Governor shall administer the oaths of office and secrecy to a minister.

17. What happens if a minister is not a member of the state legislature for a period of six consecutive months?

A minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.

18. Who determines the salaries and allowances of ministers in the state?

The salaries and allowances of ministers shall be determined by the state legislature.

19. What does Article 166 state regarding the executive action of the Government of a State?

Article 166 states that all executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

20. What does Article 166 state regarding the authentication of orders and instruments made in the Governor’s name?

Orders and other instruments made and executed in the name of the Governor shall be authenticated as specified by rules made by the Governor. Their validity cannot be questioned on the ground that they were not properly made or executed.

21. What power does the Governor have under Article 166 regarding the transaction of state government business?

The Governor shall make rules for the more convenient transaction of the business of the government of the state, and for the allocation among ministers of the said business in so far as it is not business with respect to which the Governor is required to act at his/her discretion.

22. What does Article 167 state as the duty of the Chief Minister?

Article 167 states it shall be the duty of the Chief Minister to communicate to the governor all decisions of the council of ministers relating to state administration and legislative proposals; to furnish such information as the governor may call for; and to submit for the council’s consideration any matter decided by a minister but not considered by the council, if the governor so requires.

23. What does Article 177 state regarding the rights of Ministers as respects the Houses?

Article 177 states that every minister shall have the right to speak and take part in the proceedings of the Assembly (and also the Council where it exists) and any Committee of the State Legislature of which he/she may be named a member. But he/she shall not be entitled to vote.

24. What does Article 163 provide for regarding the Council of Ministers and the Governor?

Article 163 provides for a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his/her functions except for the discretionary ones.

25. Can the nature of advice tendered by ministers to the governor be enquired by any court?

No, the nature of advice tendered by ministers to the governor cannot be enquired by any court.

26. What did the Supreme Court hold in Shamsher Singh case (1974) regarding the Governor’s actions?

In Shamsher Singh case (1974), the Supreme Court held that except in spheres where the governor is to act at his/her discretion, the governor has to act on the aid and advice of the council of ministers. The satisfaction of the governor is not personal but that of the council of ministers.

27. Who appoints the Chief Minister and the other ministers in a state?

The Chief Minister is appointed by the governor. The other ministers are appointed by the governor on the advice of the chief minister.

28. What special provision exists for a tribal welfare minister in certain states?

There should be a tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha.

29. Can a person who is not a member of the state legislature be appointed as a minister?

Yes, a person who is not a member of either House of the state legislature can also be appointed as a minister, but must become a member within six months, otherwise he/she ceases to be a minister.

30. What right does a minister who is a member of one House of the state legislature have regarding the other House?

A minister who is a member of one House of the state legislature has the right to speak and to take part in the proceedings of the other House, but can vote only in the House of which he/she is a member.

31. Who administers the oaths of office and secrecy to a minister in the state?

Before a minister enters upon his/her office, the governor administers to him/her the oaths of office and secrecy.

32. What does a minister swear in his/her oath of office in the state?

In his/her oath of office, the minister swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully and conscientiously discharge the duties of his/her office.
4. To do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.

33. What does a minister swear in his/her oath of secrecy in the state?

In his/her oath of secrecy, the minister swears that he/she will not directly or indirectly communicate or reveal to any person(s) any matter brought under consideration or known as a state minister, except as required for duties.

34. Who determines the salaries and allowances of ministers in the state?

The salaries and allowances of ministers are determined by the state legislature from time to time.

35. What is the fundamental principle underlying the working of the parliamentary system of government regarding the Council of Ministers in the state?

The fundamental principle is collective responsibility. Article 164 states that the council of ministers is collectively responsible to the legislative assembly of the state.

36. What does collective responsibility mean for the ministers in the state?

Collective responsibility means that all ministers own joint responsibility to the legislative assembly for all their acts of omission and commission. They work as a team and swim or sink together.

37. What happens if the legislative assembly passes a no-confidence motion against the council of ministers?

If the legislative assembly passes a no-confidence motion, all the ministers have to resign, including those from the legislative council.

38. What alternative action can the council of ministers take if it loses the confidence of the legislative assembly?

Alternatively, the council of ministers can advise the governor to dissolve the legislative assembly on the ground that the House does not faithfully represent the electorate, and call for fresh elections.

39. Does the governor have to oblige the council of ministers if it advises dissolution of legislative assembly after losing confidence?

No, the governor may not oblige the council of ministers which has lost the confidence of the legislative assembly.

40. What does the principle of collective responsibility also mean regarding cabinet decisions in the state?

The principle of collective responsibility also means that cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting.

41. What is the duty of a minister who disagrees with a cabinet decision in the state?

It is the duty of every minister to stand by cabinet decisions and support them both within and outside the state legislature. If a minister disagrees and is not prepared to defend it, he/she must resign.

42. What does Article 164 state regarding individual responsibility of ministers in the state?

Article 164 states that the ministers hold office during the pleasure of the governor.

43. On whose advice does the governor remove a minister?

The governor can remove a minister only on the advice of the chief minister.

44. How does the Chief Minister ensure collective responsibility in case of difference of opinion or dissatisfaction with a minister?

In case of a difference of opinion or dissatisfaction, the Chief Minister can ask the minister to resign or advise the governor to dismiss him/her.

45. Is there a provision in the Indian Constitution for the system of legal responsibility of a minister in the states?

No, as at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states.

46. Are the courts barred from enquiring into the nature of advice rendered by the ministers to the governor?

Yes, the courts are barred from enquiring into the nature of advice rendered by the ministers to the governor.

47. What are the three categories of ministers in the state council of ministers?

The state council of ministers consists of:

1. Cabinet ministers.
2. Ministers of state.
3. Deputy ministers.

48. Who stands at the top of all ministers in the state council of ministers?

The chief minister stands at the top, as the supreme governing authority in the state.

49. Can the state council of ministers include a deputy chief minister?

Yes, at times, the state council of ministers may also include a deputy chief minister, usually appointed for local political reasons.

50. What are the responsibilities of cabinet ministers in the state?

Cabinet ministers head important departments of the state government (e.g., home, education, finance, agriculture), are members of the cabinet, attend its meetings, and play an important role in deciding policies.

51. What are the roles of ministers of state in the state?

Ministers of state can either be given independent charge of departments or be attached to cabinet ministers. If independent, they perform similar functions as cabinet ministers for their departments but are not cabinet members and do not attend cabinet meetings unless invited.

52. What are the roles of deputy ministers in the state?

Deputy ministers are not given independent charge. They are attached to cabinet ministers and assist them in administrative, political, and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings.

53. What is the Cabinet in the state government?

A smaller body called cabinet is the nucleus of the council of ministers. It consists of only the cabinet ministers and is the real centre of authority in the state government.

54. What is the role of the Cabinet in the state government?

The Cabinet is:

1. The highest decision-making authority in the state politico-administrative system.
2. The chief policy-formulating body of the state government.
3. The supreme executive authority of the state government.
4. The chief coordinator of the state administration.
5. An advisory body to the governor.
6. The chief crisis manager.
7. Deals with all major legislative and financial matters.
8. Exercises control over higher appointments.

55. What are the two types of Cabinet Committees in the state?

The cabinet works through various committees called cabinet committees, which are of two types: standing and ad hoc.

56. Who sets up the Cabinet Committees in the state?

They are set up by the chief minister according to the exigencies of the time and requirements of the situation.

57. What is the role of Cabinet Committees in the state regarding decisions?

They not only sort out issues and formulate proposals for the consideration of the cabinet but also take decisions. However, the cabinet can review their decisions.

58. Which Article deals with Council of Ministers to aid and advise Governor?

Article 163 deals with Council of Ministers to aid and advise Governor.

59. Which Article deals with Other provisions as to Ministers?

Article 164 deals with Other provisions as to Ministers.

60. Which Article deals with Conduct of business of the Government of a State?

Article 166 deals with Conduct of business of the Government of a State.

61. Which Article deals with Duties of Chief Minister as respects the furnishing of information to Governor?

Article 167 deals with Duties of Chief Minister as respects the furnishing of information to Governor.

62. Which Article deals with Rights of Ministers as respects the Houses?

Article 177 deals with Rights of Ministers as respects the Houses.

Chapter 33 State Legislature

1. What is the position of the state legislature in the political system of a state?

The state legislature occupies a pre-eminent and central position in the political system of a state.

2. Which Articles in which Part of the Constitution deal with the state legislature?

Articles 168 to 212 in Part VI of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers, and so on of the state legislature.

3. Is there uniformity in the organization of state legislatures?

No, there is no uniformity in the organization of state legislatures. Most states have a unicameral system, while others have a bicameral system.

4. How many states currently have a bicameral system?

At present, only six states have two Houses (bicameral).

5. Which states currently have a bicameral system?

The states with a bicameral system are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

6. Which Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019?

The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.

7. Which Legislative Council was revived by the Andhra Pradesh Legislative Council Act, 2005?

The Legislative Council in Andhra Pradesh was revived by the Andhra Pradesh Legislative Council Act, 2005.

8. What does the 7th Amendment Act of 1956 provide for regarding a Legislative Council in Madhya Pradesh?

The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh, but no notification to this effect has been made by the President, so Madhya Pradesh continues to have one House only.

9. What does the state legislature consist of in unicameral states?

In unicameral states, the state legislature consists of the governor and the legislative assembly.

10. What does the state legislature consist of in bicameral states?

In bicameral states, the state legislature consists of the governor, the legislative council, and the legislative assembly.

11. What are the names of the upper and lower houses in a state legislature?

The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

12. What does Article 169 of the Constitution provide for regarding legislative councils?

Article 169 provides for the abolition or creation of legislative councils in states.

13. How can Parliament abolish or create a legislative council in a state?

Parliament can abolish or create a legislative council if the legislative assembly of the concerned state passes a resolution to that effect by a special majority (majority of total membership and two-thirds majority of members present and voting).

14. Is an Act of Parliament for the abolition or creation of a legislative council considered an amendment of the Constitution for purposes of Article 368?

No, this Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation.

15. What was the criticism of having a second chamber in the states in the Constituent Assembly?

The idea was criticized for not being representative of the people, delaying legislative process, and being an expensive institution.

16. What is the maximum strength of the legislative assembly?

The maximum strength of the legislative assembly is fixed at 500.

17. What is the minimum strength of the legislative assembly?

The minimum strength of the legislative assembly is fixed at 60.

18. What are the exceptions to the minimum strength of 60 for legislative assemblies?

In Arunachal Pradesh, Sikkim, and Goa, the minimum number is fixed at 30. In Mizoram and Nagaland, it is 40 and 46 respectively.

19. How are the representatives of states in the legislative assembly elected?

The representatives of states in the legislative assembly are directly elected by the people on the basis of universal adult franchise.

20. What provision for nominated members in the state legislative assembly was discontinued by the 104th Amendment Act of 2019?

Before 2020, the Governor nominated one member from the Anglo-Indian community to the assembly if not adequately represented. The 104th Amendment Act, 2019, discontinued this provision, effective January 25, 2020.

21. What is the maximum strength of the legislative council?

The maximum strength of the legislative council is fixed at one-third of the total strength of the assembly.

22. What is the minimum strength of the legislative council?

The minimum strength of the legislative council is fixed at 40.

23. What is the purpose of the maximum and minimum limits for the legislative council’s strength?

This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state.

24. Who fixes the actual strength of a Legislative Council?

Though the Constitution fixes maximum and minimum limits, the actual strength of a Council is fixed by Parliament.

25. How are the members of a legislative council elected?

Of the total members:

1. 1/3 are elected by members of local bodies (municipalities, district boards, etc.).
2. 1/12 are elected by graduates of three years standing residing within the state.
3. 1/12 are elected by teachers of three years standing (not lower than secondary school).
4. 1/3 are elected by members of the legislative assembly from amongst persons who are not members of the assembly.
5. The remainder (1/6) are nominated by the governor from persons with special knowledge or practical experience of literature, science, art, cooperative movement, and social service.

26. How are the indirectly elected members of a legislative council elected?

The members are elected in accordance with the system of proportional representation by means of a single transferable vote.

27. Has Parliament enacted any law to modify or replace the scheme of composition of a legislative council?

No, this scheme of composition is tentative, and Parliament is authorized to modify or replace it, but it has not enacted any such law so far.

28. What is the normal term of the legislative assembly?

Its normal term is five years from the date of its first meeting after the general elections.

29. Who is authorised to dissolve the legislative assembly?

The governor is authorised to dissolve the assembly at any time, even before the completion of five years.

30. How can the term of the assembly be extended during a national emergency?

The term of the assembly can be extended during a period of national emergency by a law of Parliament for one year at a time for any length of time.

31. What is the maximum period an extension of the assembly’s term can continue after an emergency ceases to operate?

This extension cannot continue beyond a period of six months after the emergency has ceased to operate.

32. Is the legislative council a continuing chamber?

Yes, like the Rajya Sabha, the legislative council is a continuing chamber, meaning it is a permanent body and not subject to dissolution.

33. How often do members of the legislative council retire?

One-third of its members retire on the expiration of every second year.

34. What is the term of a member of the legislative council?

A member continues as such for six years.

35. How are vacant seats in the legislative council filled?

Vacant seats are filled by fresh elections and nominations (by governor) at the beginning of every third year.

36. Are retiring members of the legislative council eligible for re-election?

Yes, retiring members are eligible for re-election and re-nomination any number of times.

37. What are the qualifications for a person to be chosen a member of the state legislature?

The Constitution lays down the following qualifications:

1. He/she must be a citizen of India.
2. He/she must make and subscribe to an oath or affirmation before the Election Commission’s authorized person.
3. He/she must be not less than 30 years of age for legislative council and not less than 25 years of age for legislative assembly.
4. He/she must possess other qualifications prescribed by Parliament.

38. What are the additional qualifications for state legislative membership laid down in the Representation of People Act (1951)?

The Representation of People Act (1951) lays down:

1. For legislative council, an elector for an assembly constituency in the state, and for governor’s nomination, a resident in the state.
2. For legislative assembly, an elector for an assembly constituency in the state.
3. For reserved seats, a member of SC/ST (but can also contest general seats).

39. What are the disqualifications for being chosen as a member of the state legislature under the Constitution?

Under the Constitution, a person is disqualified if he/she:

1. Holds any office of profit under the Union or state government (excluding minister or exempted office).
2. Is of unsound mind and so declared by a court.
3. Is an undischarged insolvent.
4. Is not a citizen of India, has acquired foreign citizenship, or is under allegiance to a foreign state.
5. Is so disqualified under any law made by Parliament.

40. What are the additional disqualifications for state legislative membership laid down in the Representation of People Act (1951)?

The Representation of People Act (1951) lays down:

1. Found guilty of certain electoral offences or corrupt practices.
2. Convicted for any offence resulting in imprisonment for two or more years (preventive detention is not a disqualification).
3. Failed to lodge election expenses account within time.
4. Has any interest in government contracts, works or services.
5. Is a director or managing agent or holds an office of profit in a corporation with at least 25% government share.
6. Dismissed from government service for corruption or disloyalty to the state.
7. Convicted for promoting enmity between different groups or for bribery.
8. Punished for preaching and practicing social crimes (untouchability, dowry, sati).

41. Who decides questions of disqualification of a member of the state legislature?

The governor’s decision is final on questions of disqualification, but he/she should obtain the opinion of the Election Commission and act accordingly.

42. What is the disqualification on ground of defection for a member of the state legislature?

A person is disqualified if he/she is disqualified on the ground of defection under the provisions of the Tenth Schedule.

43. Who decides the question of disqualification under the Tenth Schedule for state legislatures?

The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of legislative council and Speaker in the case of legislative assembly.

44. Is the decision of the Chairman/Speaker regarding disqualification under the Tenth Schedule subject to judicial review?

Yes, in Kihoto Hollohan case (1992), the Supreme Court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.

45. What oath or affirmation does a member of the state legislature make before taking seat?

In this oath, a member of the state legislature swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To faithfully discharge the duty of his/her office.

46. What is the consequence if a member does not take the oath?

Unless a member takes the oath, he/she cannot vote and participate in the proceedings of the House and does not become eligible to the privileges and immunities of the state legislature.

47. What penalty is a person liable to if he/she sits or votes as a member without taking the oath, being disqualified, or being prohibited?

A person is liable to a penalty of ₹500 for each day he/she sits or votes under these conditions.

48. Who determines the salaries and allowances of members of a state legislature?

The members of a state legislature are entitled to receive such salaries and allowances as may from time to time be determined by the state legislature.

49. In what cases does a member of the state legislature vacate his/her seat?

A member vacates his/her seat in the following cases:

1. Double Membership: Cannot be a member of both Houses simultaneously.
2. Disqualification: Subject to any disqualifications.
3. Resignation: Resigns by writing to the Chairman/Speaker.
4. Absence: Absent from all meetings for 60 days without permission.
5. Other Cases: Election declared void, expelled by House, elected President/Vice-President, appointed Governor.

50. What happens if a person is elected to both Houses of state legislature?

If a person is elected to both Houses, his/her seat in one of the Houses falls vacant as per the provisions of a law made by the state legislature.

51. What happens if a member’s resignation is submitted to the Chairman/Speaker?

The seat falls vacant when the resignation is accepted.

52. What happens if a member is absent from all meetings of a House for sixty days without permission?

A House of the state legislature can declare the seat of a member vacant if he/she absents himself/herself from all its meeting for a period of sixty days without its permission.

53. Who are the presiding officers of the state legislature?

Each House of state legislature has its own presiding officer: a Speaker and a Deputy Speaker for the legislative assembly, and a Chairman and a Deputy Chairman for the legislative council.

54. Who fixes the salaries and allowances of the presiding officers of the state legislature?

The salaries and allowances are fixed by the state legislature and are charged on the Consolidated Fund of the State.

55. How is the Speaker of Assembly elected?

The Speaker is elected by the assembly itself from amongst its members.

56. What is the tenure of the Speaker of Assembly?

Usually, the Speaker remains in office during the life of the assembly.

57. In what three cases does the Speaker of Assembly vacate his/her office earlier?

The Speaker vacates office earlier if he/she:

1. Ceases to be a member of the assembly.
2. Resigns by writing to the deputy speaker.
3. Is removed by a resolution passed by a majority of all the then members of the assembly (effective majority).

58. What is the advance notice period required to move a resolution for the Speaker’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

59. What are the powers and duties of the Speaker of Assembly?

The Speaker’s powers and duties include:

1. Maintaining order and decorum in the assembly.
2. Final interpreter of the Constitution, rules of procedure, and legislative precedents within the assembly.
3. Adjourning the assembly or suspending meetings in absence of quorum.
4. Not voting in the first instance but exercising a casting vote in case of a tie.
5. Allowing a ‘secret’ sitting of the House.
6. Deciding whether a bill is a Money Bill (decision is final).
7. Deciding disqualifications of members on grounds of defection.
8. Appointing chairmen of assembly committees and supervising functioning. He/she is chairman of Business Advisory Committee, Rules Committee, and General Purpose Committee.

60. How is the Deputy Speaker of Assembly elected?

The Deputy Speaker is elected by the assembly itself from amongst its members, after the Speaker’s election.

61. What is the tenure of the Deputy Speaker of Assembly?

Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly.

62. In what three cases does the Deputy Speaker of Assembly vacate his/her office earlier?

The Deputy Speaker vacates office earlier if he/she:

1. Ceases to be a member of the assembly.
2. Resigns by writing to the speaker.
3. Is removed by a resolution passed by a majority of all the then members of the assembly (effective majority).

63. What is the advance notice period required to move a resolution for the Deputy Speaker’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

64. What are the duties of the Deputy Speaker of Assembly?

The Deputy Speaker performs the duties of the Speaker’s office when it is vacant, and acts as the Speaker when the latter is absent from a sitting of the assembly. In both cases, he/she has all the powers of the Speaker.

65. Who nominates the Panel of Chairmen for the assembly?

The Speaker nominates from amongst the members a panel of chairmen.

66. How is the Chairman of Council elected?

The Chairman is elected by the council itself from amongst its members.

67. In what three cases does the Chairman of Council vacate his/her office?

The Chairman vacates office if he/she:

1. Ceases to be a member of the council.
2. Resigns by writing to the deputy chairman.
3. Is removed by a resolution passed by a majority of all the then members of the council (effective majority).

68. What is the advance notice period required to move a resolution for the Chairman’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

69. What are the powers and functions of the Chairman of Council as a presiding officer?

As a presiding officer, the power and functions of the Chairman in the council are similar to those of the Speaker in the assembly.

70. What is the special power of the Speaker that is not enjoyed by the Chairman of Council?

The Speaker decides whether a bill is a Money Bill or not, and his/her decision on this question is final.

71. How is the Deputy Chairman of Council elected?

The Deputy Chairman is elected by the council itself from amongst its members.

72. In what three cases does the Deputy Chairman of Council vacate his/her office?

The Deputy Chairman vacates office if he/she:

1. Ceases to be a member of the council.
2. Resigns by writing to the Chairman.
3. Is removed by a resolution passed by a majority of all the then members of the council (effective majority).

73. What is the advance notice period required to move a resolution for the Deputy Chairman’s removal?

Such a resolution can be moved only after giving 14 days’ advance notice.

74. What are the duties of the Deputy Chairman of Council?

The Deputy Chairman performs the duties of the Chairman’s office when it is vacant, and acts as the Chairman when the latter is absent from a sitting of the council. In both cases, he/she has all the powers of the Chairman.

75. Who nominates the Panel of Vice-Chairmen for the council?

The Chairman nominates from amongst the members a panel of vice-chairmen.

76. Who summons each House of state legislature?

The governor from time to time summons each House of state legislature.

77. What is the maximum gap allowed between two sessions of state legislature?

The maximum gap between two sessions of state legislature cannot be more than six months, meaning the state legislature should meet at least twice a year.

78. What is Adjournment in the state legislature?

An adjournment suspends the work in a sitting for a specified time (hours, days, or weeks).

79. What is Adjournment Sine Die in the state legislature?

Adjournment sine die means terminating a sitting of the state legislature for an indefinite period.

80. Who holds the power of adjournment and adjournment sine die in the state legislature?

The power of adjournment as well as adjournment sine die lies with the presiding officer of the House.

81. What is Prorogation in the state legislature?

Prorogation is when the presiding officer declares the House adjourned sine die after business is completed, and the governor issues a notification for prorogation. It terminates a session of the House.

82. Can the governor prorogue the House while it is in session?

Yes, the governor can also prorogue the House which is in session.

83. Which House of the state legislature is not subject to dissolution?

The legislative council, being a permanent house, is not subject to dissolution.

84. Which House of the state legislature is subject to dissolution?

Only the legislative assembly is subject to dissolution.

85. What happens to all business pending before the assembly when it is dissolved?

When the legislative assembly is dissolved, all business including bills, motions, resolutions, notices, petitions, and so on pending before it or its committees lapse.

86. What happens to a Bill pending in the assembly (whether originating there or transmitted from the council) upon dissolution?

A Bill pending in the assembly lapses.

87. What happens to a Bill passed by the assembly but pending in the council upon dissolution?

A Bill passed by the assembly but pending in the council lapses.

88. What happens to a Bill pending in the council but not passed by the assembly upon dissolution?

A Bill pending in the council but not passed by the assembly does not lapse.

89. What happens to a Bill passed by the assembly (in a unicameral state) or by both houses (in a bicameral state) but pending assent of the governor or the President upon dissolution?

Such a Bill does not lapse.

90. What happens to a Bill passed by the assembly (in a unicameral state) or by both Houses (in a bicameral state) but returned by the president for reconsideration upon dissolution?

Such a Bill does not lapse.

91. What is Quorum in the state legislature?

Quorum is the minimum number of members required to be present in the House before it can transact any business.

92. What is the quorum for a meeting of a House of the state legislature?

The quorum is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater.

93. What is the duty of the presiding officer if there is no quorum during a meeting in the state legislature?

If there is no quorum, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

94. How are matters decided at any sitting of either House of the state legislature?

All matters are decided by a majority of votes of the members present and voting, excluding the presiding officer.

95. What is the role of the presiding officer regarding voting in case of a tie in the state legislature?

The presiding officer does not vote in the first instance, but exercises a casting vote in the case of an equality of votes.

96. What are the official languages for transacting business in the state legislature?

The Constitution has declared the official language(s) of the state or Hindi or English to be the languages for transacting business in the state legislature.

97. Can a member address the House in his/her mother-tongue in the state legislature?

Yes, the presiding officer can permit a member to address the House in his/her mother-tongue.

98. What is the time limit for the state legislature to decide whether to continue or discontinue English as a floor language?

The state legislature is authorized to decide after the completion of fifteen years from the commencement of the Constitution (i.e., from 1965).

99. What rights do ministers and the advocate general of the state have in the state legislature?

Every minister and the advocate general of the state have the right to speak and take part in the proceedings of either House or any of its committees of which he/she is a member, without being entitled to vote.

100. What are the two reasons for the constitutional provision regarding the rights of ministers and advocate general in the state?

The two reasons are:

1. A minister can participate in the proceedings of a House of which he/she is not a member.
2. A minister who is not a member of either House can participate in the proceedings of both Houses.

101. Where can an ordinary bill originate in the state legislature?

An ordinary bill can originate in either House of the state legislature (in case of a bicameral legislature).

102. Who can introduce an ordinary bill in the state legislature?

Such a bill can be introduced either by a minister or by any other member.

103. What are the three stages an ordinary bill passes through in the originating House of the state legislature?

The bill passes through three stages:

1. First reading.
2. Second reading.
3. Third reading.

104. When is an ordinary bill deemed to have been passed by the state legislature?

A bill is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments.

105. What happens if an ordinary bill is passed by the legislative assembly in a unicameral legislature?

In a unicameral legislature, a bill passed by the legislative assembly is sent directly to the governor for his/her assent.

106. What are the four alternatives for the legislative council when an ordinary bill passed by the legislative assembly is transmitted to it?

The legislative council has four alternatives:

1. Pass the bill without amendments.
2. Pass the bill with amendments and return it for reconsideration.
3. Reject the bill altogether.
4. Not take any action and thus keep the bill pending.

107. What happens if the council passes the bill without amendments or the assembly accepts the council’s amendments?

The bill is deemed to have been passed by both Houses and sent to the governor for assent.

108. What happens if the assembly rejects the council’s amendments, or the council rejects the bill altogether, or the council does not take any action for three months?

Then the assembly may pass the bill again and transmit it to the council.

109. What happens if the council rejects the bill again, or passes it with unacceptable amendments, or does not pass it within one month (after the second transmission)?

The bill is then deemed to have been passed by both Houses in the form in which it was passed by the assembly for the second time.

110. Who has the ultimate power of passing an ordinary bill in the state legislature?

The ultimate power of passing an ordinary bill is vested in the assembly.

111. What is the maximum period the legislative council can detain or delay an ordinary bill?

The council can detain or delay the bill for a period of four months (three months in the first instance and one month in the second instance).

112. Does the Constitution provide for a joint sitting of the two Houses of the state legislature to resolve a disagreement over a bill?

No, the Constitution does not provide for the mechanism of joint sitting of the two Houses of the state legislature.

113. What happens if a bill originating in the council and sent to the assembly is rejected by the assembly?

If a bill originating in the council is rejected by the assembly, the bill ends and becomes dead.

114. What are the four alternatives for the governor when a bill is presented for assent?

The governor has four alternatives:

1. Give his/her assent to the bill.
2. Withhold his/her assent to the bill.
3. Return the bill (if it is not a money bill) for reconsideration.
4. Reserve the bill for the consideration of the President.

115. What happens if a bill returned by the governor for reconsideration is passed again by the House or Houses?

If the bill is passed again by the House or Houses, with or without amendments, the governor must give his/her assent to the bill.

116. What type of veto does the governor enjoy regarding ordinary bills?

The governor enjoys only a suspensive veto.

117. What are the President’s alternatives when a state bill is reserved by the governor for consideration?

The President may either give his/her assent to the bill or withhold his/her assent to the bill or return the bill for reconsideration of the state legislature.

118. Is the President bound to give assent to a state bill that is returned for reconsideration and passed again by the state legislature?

No, it is not mentioned in the Constitution whether it is obligatory on the part of the president to give his/her assent to such a bill or not.

119. What is the procedure for passing Money Bills in the state legislature?

A Money Bill can only be introduced in the legislative assembly and that too on the recommendation of the governor. It is considered a government bill and introduced only by a minister.

120. What are the legislative council’s powers regarding a Money Bill?

The legislative council has restricted powers. It cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the legislative assembly within 14 days.

121. What happens if the legislative assembly accepts the legislative council’s recommendations on a money bill?

If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both Houses in the modified form.

122. What happens if the legislative assembly does not accept the legislative council’s recommendations on a money bill?

If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both Houses in the form originally passed by the legislative assembly without any change.

123. What happens if the legislative council does not return a money bill to the legislative assembly within 14 days?

If the legislative council does not return the bill within 14 days, the bill is deemed to have been passed by both Houses in the form originally passed by the legislative assembly.

124. Which House has more powers regarding a money bill in the state legislature?

The legislative assembly has more powers than legislative council with regard to a money bill.

125. What is the maximum period the legislative council can detain or delay a money bill?

The legislative council can detain or delay a money bill for a period of 14 days.

126. What are the governor’s alternatives when a Money Bill is presented for assent?

When a Money Bill is presented to the governor, he/she may either give his/her assent, withhold his/her assent, or reserve the bill for presidential assent, but cannot return the bill for reconsideration.

127. What happens when a money bill is reserved for consideration of the President?

When a money bill is reserved for consideration of the President, the President may either give his/her assent to the bill or withhold his/her assent, but cannot return the bill for reconsideration.

128. What are the three categories of State Bills reserved for President’s consideration according to the Sarkaria Commission?

The Sarkaria Commission classified reserved bills into:

1. Bills which must be reserved (e.g., derogating High Court powers, relating to water/electricity taxes, falling under financial emergency).
2. Bills which may be reserved for specific purposes (e.g., to secure immunity from Articles 14 and 19, relating to Concurrent List subjects, imposing trade restrictions).
3. Bills which may not fall under above categories but may be reserved by the Governor (Article 200).

129. What are the spheres where the legislative council has equal powers and status with the assembly?

The legislative council has equal powers and status with the assembly in:

1. Introduction and passage of ordinary bills (though assembly’s will prevails in disagreement).
2. Approval of ordinances issued by the governor.
3. Selection of ministers including the chief minister.
4. Consideration of the reports of constitutional bodies like State Finance Commission, state public service commission, and CAG.
5. Enlargement of the jurisdiction of the state public service commission.

130. What are the spheres where the powers and status of the legislative council are unequal to that of the assembly?

The legislative council’s powers and status are unequal to the assembly’s in:

1. A Money Bill can be introduced only in the assembly.
2. The council cannot amend or reject a money bill; must return within 14 days.
3. The assembly can accept or reject council’s recommendations on a money bill.
4. The Speaker of the assembly has the final power to decide if a bill is a money bill.
5. The assembly has the final power of passing an ordinary bill.
6. The council can only discuss the budget but cannot vote on demands for grants.
7. The council cannot remove the council of ministers by a no-confidence motion.
8. If a bill originating in the council is rejected by the assembly, it ends.
9. The council does not participate in the election of the president of India and representatives of the state in the Rajya Sabha.
10. The council has no effective say in the ratification of a constitutional amendment bill.
11. The very existence of the council depends on the will of the assembly.

131. Why is the legislative council given much lesser importance than the Rajya Sabha?

The legislative council is given lesser importance than the Rajya Sabha due to:

1. Lack of federal significance: Rajya Sabha represents states, maintaining federal equilibrium, while council does not.
2. Heterogeneous composition: Council represents different interests with elected and nominated members, making it less effective. Rajya Sabha is homogeneously constituted.
3. Democratic principles: Council yields to the assembly, which is the popular house.

132. What are Privileges of State Legislature?

Privileges of a state legislature are special rights, immunities, and exemptions enjoyed by the Houses, their committees, and their members, necessary for independence and effectiveness.

133. To whom are privileges of the state legislature extended?

Privileges are extended to those persons entitled to speak and take part in the proceedings of a House of the state legislature or any of its committees, including the advocate-general of the state and state ministers.

134. Do privileges of the state legislature extend to the governor?

No, privileges of the state legislature do not extend to the governor.

135. What are the two broad categories of privileges of a state legislature?

Privileges are classified into:

1. Those enjoyed by each House of the state legislature collectively.
2. Those enjoyed by the members individually.

136. What are the collective privileges of each House of the state legislature?

The collective privileges include the right to:

1. Publish reports, debates, and proceedings, and prohibit others from publishing them.
2. Exclude strangers from proceedings and hold secret sittings.
3. Make rules to regulate its own procedure and conduct of business, and adjudicate on such matters.
4. Punish members and outsiders for breach of privileges or contempt.
5. Receive immediate information of arrest, detention, conviction, imprisonment, and release of a member.
6. Institute inquiries and order attendance of witnesses and production of papers/records.
7. Prohibit courts from inquiring into proceedings of a House or its Committees.
8. Prohibit arrest or service of legal process within precincts of the House without presiding officer’s permission.

137. What are the individual privileges of members of the state legislature?

The individual privileges include:

1. Immunity from arrest during session and 40 days before/after (only in civil cases, not criminal or preventive detention).
2. Freedom of speech in the state legislature: Not liable to court proceedings for anything said or any vote given (subject to Constitution and rules).
3. Exemption from jury service: Can refuse to give evidence or appear as witness in court when state legislature is in session.

138. Which Article deals with the Constitution of Legislatures in states?

Article 168 deals with the Constitution of Legislatures in states.

139. Which Article deals with the Abolition or creation of Legislative Councils in states?

Article 169 deals with the Abolition or creation of Legislative Councils in states.

140. Which Article deals with the Composition of the Legislative Assemblies?

Article 170 deals with the Composition of the Legislative Assemblies.

141. Which Article deals with the Composition of the Legislative Councils?

Article 171 deals with the Composition of the Legislative Councils.

142. Which Article deals with the Duration of State Legislatures?

Article 172 deals with the Duration of State Legislatures.

143. Which Article deals with Qualification for membership of the State Legislature?

Article 173 deals with Qualification for membership of the State Legislature.

144. Which Article deals with Sessions of the State Legislature, prorogation and dissolution?

Article 174 deals with Sessions of the State Legislature, prorogation and dissolution.

145. Which Article deals with the Right of Governor to address and send messages to the House or Houses?

Article 175 deals with the Right of Governor to address and send messages to the House or Houses.

146. Which Article deals with Special address by the Governor?

Article 176 deals with Special address by the Governor.

147. Which Article deals with Rights of Ministers and Advocate-General as respects the Houses?

Article 177 deals with Rights of Ministers and Advocate-General as respects the Houses.

148. Which Article deals with The Speaker and Deputy Speaker of the Legislative Assembly?

Article 178 deals with The Speaker and Deputy Speaker of the Legislative Assembly.

149. Which Article deals with Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker?

Article 179 deals with Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

150. Which Article deals with the Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker?

Article 180 deals with the Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

151. Which Article deals with The Speaker or the Deputy Speaker not to preside while a resolution for his/her removal from office is under consideration?

Article 181 deals with The Speaker or the Deputy Speaker not to preside while a resolution for his/her removal from office is under consideration.

152. Which Article deals with The Chairman and Deputy Chairman of the Legislative Council?

Article 182 deals with The Chairman and Deputy Chairman of the Legislative Council.

153. Which Article deals with Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman?

Article 183 deals with Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

154. Which Article deals with the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman?

Article 184 deals with the Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

155. Which Article deals with The Chairman or the Deputy Chairman not to preside while a resolution for his/her removal from office is under consideration?

Article 185 deals with The Chairman or the Deputy Chairman not to preside while a resolution for his/her removal from office is under consideration.

156. Which Article deals with Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman?

Article 186 deals with Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.

157. Which Article deals with the Secretariat of State Legislature?

Article 187 deals with the Secretariat of State Legislature.

158. Which Article deals with Oath or affirmation by members?

Article 188 deals with Oath or affirmation by members.

159. Which Article deals with Voting in Houses, power of Houses to act notwithstanding vacancies and quorum?

Article 189 deals with Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

160. Which Article deals with Vacation of seats?

Article 190 deals with Vacation of seats.

161. Which Article deals with Disqualifications for membership?

Article 191 deals with Disqualifications for membership.

162. Which Article deals with Decision on questions as to disqualifications of members?

Article 192 deals with Decision on questions as to disqualifications of members.

163. Which Article deals with Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified?

Article 193 deals with Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified.

164. Which Article deals with Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof?

Article 194 deals with Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof.

165. Which Article deals with Salaries and allowances of members?

Article 195 deals with Salaries and allowances of members.

166. Which Article deals with Provisions as to introduction and passing of Bills?

Article 196 deals with Provisions as to introduction and passing of Bills.

167. Which Article deals with Restriction on powers of Legislative Council as to Bills other than Money Bills?

Article 197 deals with Restriction on powers of Legislative Council as to Bills other than Money Bills.

168. Which Article deals with Special procedure in respect of Money Bills?

Article 198 deals with Special procedure in respect of Money Bills.

169. Which Article deals with Definition of “Money Bills”?

Article 199 deals with Definition of “Money Bills”.

170. Which Article deals with Assent to Bills?

Article 200 deals with Assent to Bills.

171. Which Article deals with Bills reserved for consideration?

Article 201 deals with Bills reserved for consideration.

172. Which Article deals with Annual financial statement?

Article 202 deals with Annual financial statement.

173. Which Article deals with Procedure in Legislature with respect to estimates?

Article 203 deals with Procedure in Legislature with respect to estimates.

174. Which Article deals with Appropriation Bills?

Article 204 deals with Appropriation Bills.

175. Which Article deals with Supplementary, additional or excess grants?

Article 205 deals with Supplementary, additional or excess grants.

176. Which Article deals with Votes on account, votes of credit and exceptional grants?

Article 206 deals with Votes on account, votes of credit and exceptional grants.

177. Which Article deals with Special provisions as to financial Bills?

Article 207 deals with Special provisions as to financial Bills.

178. Which Article deals with Rules of procedure?

Article 208 deals with Rules of procedure.

179. Which Article deals with Regulation by law of procedure in the Legislature of the state in relation to financial business?

Article 209 deals with Regulation by law of procedure in the Legislature of the state in relation to financial business.

180. Which Article deals with Language to be used in the Legislature?

Article 210 deals with Language to be used in the Legislature.

181. Which Article deals with Restriction on discussion in the Legislature?

Article 211 deals with Restriction on discussion in the Legislature.

182. Which Article deals with Courts not to inquire into proceedings of the Legislature?

Article 212 deals with Courts not to inquire into proceedings of the Legislature.

183. Which Article deals with Power of Governor to promulgate Ordinances during recess of Legislature?

Article 213 deals with Power of Governor to promulgate Ordinances during recess of Legislature.

Chapter 34 High Court

1. What is the position of the high court in the Indian single-integrated judicial system?

In the Indian single-integrated judicial system, the high court operates below the Supreme Court but above the subordinate courts.

2. What does the judiciary in a state consist of?

The judiciary in a state consists of a high court and a hierarchy of subordinate courts.

3. What is the position of the high court in the judicial administration of a state?

The high court occupies the top position in the judicial administration of a state.

4. When and where did the institution of high court originate in India?

The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay, and Madras.

5. When was a fourth high court established at Allahabad?

In 1866, a fourth high court was established at Allahabad.

6. What happened to the high courts after 1950?

After 1950, a high court existing in a province became the high court for the corresponding state.

7. What does the Constitution of India provide for regarding high courts?

The Constitution of India provides for a high court for each state.

8. What did the Seventh Amendment Act of 1956 authorize regarding common high courts?

The Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court for two or more states or for two or more states and a union territory.

9. What is the relationship between the territorial jurisdiction of a high court and the territory of a state?

The territorial jurisdiction of a high court is co-terminus with the territory of a state.

10. How many high courts are there in India at present?

At present, there are 25 high courts in the country.

11. How many high courts have jurisdiction over more than one state?

Out of 25 high courts, only three high courts have jurisdiction over more than one state.

12. Which union territory alone has a separate high court?

Among the eight union territories, Delhi alone has a separate high court (since 1966).

13. Which union territories have a common high court?

The union territories of Jammu and Kashmir and Ladakh have a common high court.

14. What happens to other union territories regarding high court jurisdiction?

The other union territories fall under the jurisdiction of different state high courts.

15. Can Parliament extend or exclude the jurisdiction of a high court?

Yes, the Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory.

16. Which Articles in which Part of the Constitution deal with the high courts?

Articles 214 to 231 in Part VI of the Constitution deal with the organization, independence, jurisdiction, powers, procedures, and so on of the high courts.

17. What does every high court consist of?

Every high court (whether exclusive or common) consists of a chief justice and such other judges as the President may from time to time deem necessary to appoint.

18. Does the Constitution specify the strength of a high court?

No, the Constitution does not specify the strength of a high court and leaves it to the discretion of the President.

19. Who appoints the judges of a high court?

The judges of a high court are appointed by the President.

20. What is the consultation process for appointing the Chief Justice of a high court?

The Chief Justice is appointed by the President after consultation with the Chief Justice of India and the governor of the state concerned.

21. What is the consultation process for appointing other judges of a high court?

For appointment of other judges, the President consults the Chief Justice of India, the governor of the state concerned, and the chief justice of the concerned high court.

22. What additional consultation is required for a common high court?

In case of a common high court for two or more states, the governors of all the states concerned are consulted by the President.

23. What did the Supreme Court rule in the Second Judges case (1993) regarding the appointment of a high court judge?

In the Second Judges case (1993), the Supreme Court ruled that no appointment of a judge of the high court can be made unless it is in conformity with the opinion of the Chief Justice of India.

24. What did the Supreme Court opine in the Third Judges case (1998) regarding the consultation process for high court judges?

In the Third Judges case (1998), the Supreme Court opined that the consultation process for high court judge appointments requires the Chief Justice of India to consult a collegium of two seniormost judges of the Supreme Court. The sole opinion of the Chief Justice alone does not constitute the ‘consultation’ process.

25. What did the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 do regarding High Court judge appointments?

These Acts replaced the collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to High Courts.

26. What did the Supreme Court declare in 2015 regarding the 99th Constitutional Amendment and the NJAC Act?

In 2015, the Supreme Court declared both the 99th Constitutional Amendment and the NJAC Act as unconstitutional and void, making the earlier collegium system operative again.

27. What are the qualifications required for a person to be appointed as a judge of a high court?

To be appointed as a judge of a high court, a person should:

1. Be a citizen of India.
2. Have held a judicial office in the territory of India for ten years; OR
3. Have been an advocate of a high court (or high courts in succession) for ten years.

28. Does the Constitution prescribe a minimum age for appointment as a judge of a high court?

No, the Constitution has not prescribed a minimum age for appointment as a judge of a high court.

29. Does the Constitution make provision for the appointment of a distinguished jurist as a judge of a high court?

No, unlike in the case of the Supreme Court, the Constitution makes no provision for the appointment of a distinguished jurist as a judge of a high court.

30. What oath or affirmation does a judge of a high court make before entering office?

A judge of a high court swears:

1. To bear true faith and allegiance to the Constitution of India.
2. To uphold the sovereignty and integrity of India.
3. To duly and faithfully and to the best of his/her ability, knowledge and judgement perform the duties of the office without fear or favour, affection or ill-will.
4. To uphold the Constitution and the laws.

31. Who administers the oath or affirmation to a judge of a high court?

The oath or affirmation is administered before the governor of the state or some person appointed by him/her for this purpose.

32. Who determines the salaries, allowances, privileges, leave, and pension of the judges of a high court?

The salaries, allowances, privileges, leave, and pension of the judges of a high court are determined from time to time by the Parliament.

33. Can the salaries, allowances, privileges, leave, and pension of the judges of a high court be varied to their disadvantage after their appointment?

No, they cannot be varied to their disadvantage after their appointment, except during a financial emergency.

34. What were the salary increases for the chief justice and judges of a high court in 2018?

In 2018, the salary of the chief justice was increased from ₹90,000 to ₹2.50 lakh per month, and that of a judge from ₹80,000 to ₹2.25 lakh per month.

35. What is the pension for a retired chief justice and judges of a high court?

The retired chief justice and judges are entitled to 50% of their last drawn salary as monthly pension.

36. Has the Constitution fixed the tenure of a judge of a high court?

No, the Constitution has not fixed the tenure of a judge of a high court.

37. What are the four provisions regarding the tenure of a high court judge?

The Constitution makes the following four provisions:

1. He/she holds office until he/she attains the age of 62 years.
2. He/she can resign his/her office by writing to the President.
3. He/she can be removed from his/her office by the President on the recommendation of the Parliament.
4. He/she vacates his/her office when he/she is appointed as a judge of the Supreme Court or transferred to another high court.

38. How is any question regarding a judge’s age determined?

Any question regarding his/her age is to be decided by the President after consultation with the chief justice of India, and the decision of the President is final.

39. How can a judge of a high court be removed from office?

A judge of a high court can be removed from office by an order of the President.

40. What is the procedure for the President to issue a removal order for a high court judge?

The President can issue the removal order only after an address by the Parliament has been presented to him/her in the same session. The address must be supported by a special majority of each House (majority of total membership and two-thirds majority of members present and voting).

41. What are the two grounds for the removal of a high court judge?

The two grounds of removal are proved misbehaviour or incapacity.

42. What Act regulates the procedure for the removal of a high court judge?

The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of a high court by the process of impeachment.

43. Has any judge of a high court been impeached so far?

No, no judge of a high court has been impeached so far.

44. How are judges of high courts transferred?

The President can transfer a judge from one high court to another after consulting the Chief Justice of India.

45. What is a judge entitled to receive upon transfer?

On transfer, he/she is entitled to receive in addition to his/her salary such compensatory allowance as may be determined by Parliament.

46. What did the Supreme Court rule in 1977 regarding the transfer of high court judges?

In 1977, the Supreme Court ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest, not by way of punishment.

47. What did the Supreme Court hold in 1994 regarding judicial review of judge transfers?

In 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in transfer of judges.

48. Who can challenge the transfer of a judge?

Only the judge who is transferred can challenge it.

49. What did the Supreme Court opine in the Third Judges case (1998) regarding the consultation process for the transfer of high court judges?

In the Third Judges case (1998), the Supreme Court opined that the Chief Justice of India should consult, in addition to the collegium of four seniormost judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is transferred and the other receiving him/her).

50. Who can appoint a judge of a high court as an acting chief justice of the high court?

The President can appoint a judge of a high court as an acting chief justice of the high court.

51. When can an acting chief justice of a high court be appointed?

An acting chief justice can be appointed when:

1. The office of chief justice of the high court is vacant.
2. The chief justice of the high court is temporarily absent.
3. The chief justice of the high court is unable to perform his/her duties.

52. Who can appoint duly qualified persons as additional judges of a high court?

The President can appoint duly qualified persons as additional judges of a high court.

53. When can additional judges of a high court be appointed?

Additional judges can be appointed for a temporary period not exceeding two years when:

1. There is a temporary increase in the business of the high court.
2. There are arrears of work in the high court.

54. Who can appoint a duly qualified person as an acting judge of a high court?

The President can also appoint a duly qualified person as an acting judge of a high court.

55. When can an acting judge of a high court be appointed?

An acting judge can be appointed when a judge of that high court (other than the chief justice) is:

1. Unable to perform duties due to absence or any other reason.
2. Appointed to act temporarily as chief justice of that high court.

56. What is the tenure of an additional or acting judge?

An additional or acting judge holds office until the permanent judge resumes his/her office. However, they cannot hold office after attaining the age of 62 years.

57. Who can request a retired judge of that high court or any other high court to act as a judge of the high court of that state for a temporary period?

The chief justice of a high court of a state can request a retired judge.

58. What consents are required for a retired judge to act as a judge of a high court?

The previous consent of the President and also of the person to be so appointed is required.

59. What are the entitlements of a retired judge acting as a judge of a high court?

Such a judge is entitled to such allowances as the President may determine, and will enjoy all the jurisdiction, powers, and privileges of a judge of that high court. However, he/she will not otherwise be deemed to be a judge of that high court.

60. What provisions has the Constitution made to safeguard the independence and impartial functioning of a high court?

The Constitution has made the following provisions:

1. Mode of Appointment: Judges appointed by President in consultation with judiciary, curtailing executive discretion.
2. Security of Tenure: Judges removed only by Parliament’s recommendation, not President’s pleasure.
3. Fixed Service Conditions: Salaries, allowances, etc., determined by Parliament, not varied to disadvantage (except financial emergency).
4. Expenses Charged on Consolidated Fund: Salaries, allowances, pensions of judges and staff, and administrative expenses are charged on the Consolidated Fund of the state (non-votable). Pension of a high court judge is charged on Consolidated Fund of India, not state.
5. Conduct of Judges cannot be Discussed: Prohibited in Parliament/State Legislature, except during impeachment.
6. Ban on Practice after Retirement: Retired permanent judges prohibited from pleading/acting in any court/authority in India (except Supreme Court and other high courts).
7. Power to Punish for its Contempt: Can punish any person for contempt to maintain authority, dignity, and honour.
8. Freedom to Appoint its Staff: Chief Justice can appoint officers/servants without executive interference and prescribe conditions.
9. Its Jurisdiction cannot be Curtailed: Jurisdiction and powers specified in Constitution cannot be curtailed by Parliament or state legislature.

61. What are the seven categories of jurisdiction and powers of a high court?

A high court enjoys the following jurisdiction and powers:

1. Original jurisdiction.
2. Writ jurisdiction.
3. Appellate jurisdiction.
4. Supervisory jurisdiction.
5. Control over subordinate courts.
6. A court of record.
7. Power of judicial review.

62. What are the governing sources of the present jurisdiction and powers of a high court?

The present jurisdiction and powers are governed by: (a) The constitutional provisions. (b) The Letters Patent. (c) The Acts of Parliament. (d) The Acts of State Legislature. (e) Indian Penal Code, 1860. (f) Criminal Procedure Code, 1973. (g) Civil Procedure Code, 1908.

63. What is the Original Jurisdiction of a high court?

Original jurisdiction means the power of a high court to hear disputes in the first instance, not by way of appeal.

64. What specific matters fall under the Original Jurisdiction of a high court?

It extends to:

1. Disputes relating to the election of members of Parliament and state legislatures.
2. Regarding revenue matter or an act ordered or done in revenue collection.
3. Enforcement of fundamental rights of citizens.
4. Cases ordered to be transferred from a subordinate court involving Constitution interpretation.
5. The four high courts (Calcutta, Bombay, Madras, Delhi) have original civil jurisdiction in cases of higher value.

65. What is the Writ Jurisdiction of a high court?

Article 226 empowers a high court to issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) for the enforcement of fundamental rights and for any other purpose.

66. What does the phrase ‘for any other purpose’ refer to in the context of the high court’s writ jurisdiction?

The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right.

67. Is the high court’s writ jurisdiction exclusive?

No, the high court’s writ jurisdiction (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32).

68. What is the difference between the writ jurisdiction of the high court and that of the Supreme Court?

The high court’s writ jurisdiction is wider as it can issue writs for fundamental rights and other purposes (ordinary legal rights), while the Supreme Court can only issue writs for fundamental rights.

69. What did the Supreme Court rule in the Chandra Kumar case (1997) regarding the writ jurisdiction of the high court and Supreme Court?

In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution.

70. Can the writ jurisdiction of the high court and Supreme Court be ousted or excluded by way of a constitutional amendment?

No, it cannot be ousted or excluded even by way of an amendment to the Constitution.

71. What is the Appellate Jurisdiction of a high court?

A high court is primarily a court of appeal, hearing appeals against the judgments of subordinate courts. It has appellate jurisdiction in both civil and criminal matters.

72. What are the civil appellate jurisdiction matters of a high court?

The civil appellate jurisdiction includes:

1. First appeals from district courts, additional district courts, and other subordinate courts on law and fact, if amount exceeds stipulated limit.
2. Second appeals from district courts or other subordinate courts on questions of law only.
3. Provision for intra-court appeals (appeal from single judge to division bench).
4. Appeals from decisions of administrative and other tribunals.

73. What did the Supreme Court rule in 1997 regarding appeals from tribunals?

In 1997, the Supreme Court ruled that tribunals are subject to the writ jurisdiction of the high courts. Aggrieved persons must first go to high courts, not directly to the Supreme Court.

74. What are the criminal appellate jurisdiction matters of a high court?

The criminal appellate jurisdiction includes:

1. Appeals from judgments of sessions court and additional sessions court if sentence is imprisonment for more than seven years.
2. Confirmation by high court of a death sentence awarded by sessions court or additional sessions court.
3. Appeals from judgments in various provisions of the Criminal Procedure Code (1973), from assistant sessions judge, metropolitan magistrate, or other judicial magistrates.

75. What is the Supervisory Jurisdiction of a high court?

A high court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts or tribunals).

76. What can a high court do under its Supervisory Jurisdiction?

Under its Supervisory Jurisdiction, a high court may:

1. Call for returns from them.
2. Make and issue general rules and prescribe forms for regulating their practice and proceedings.
3. Prescribe forms for keeping books, entries, and accounts.
4. Settle fees payable to sheriff, clerks, officers, and legal practitioners.

77. What is the scope of the Supervisory Jurisdiction of a high court?

This power is very broad, extending to all courts/tribunals (even if not subject to appellate jurisdiction), covering administrative and judicial superintendence, revisional jurisdiction, and can be suo-motu.

78. What are the limitations on the Supervisory Jurisdiction of a high court?

This power is extraordinary and used sparingly, usually limited to: (i) Excess of jurisdiction. (ii) Gross violation of natural justice. (iii) Error of law. (iv) Disregard to the law of superior courts. (v) Perverse findings. (vi) Manifest injustice.

79. What are the Control over Subordinate Courts powers of a high court?

In addition to appellate and supervisory jurisdiction, a high court has administrative control and other powers over subordinate courts, including:

1. Consultation with the governor for appointment, posting, and promotion of district judges and appointments to state judicial service (other than district judges).
2. Dealing with posting, promotion, leave, transfers, and discipline of members of the state judicial service (other than district judges).
3. Withdrawing cases pending in a subordinate court if they involve a substantial question of law requiring Constitution interpretation.
4. Its law is binding on all subordinate courts within its territorial jurisdiction.

80. What are the two powers of a high court as a Court of Record?

As a court of record, a high court has two powers:

1. Its judgments, proceedings, and acts are recorded for perpetual memory and testimony, having evidentiary value and cannot be questioned.
2. It has power to punish for contempt of itself.

81. How is ‘contempt of court’ defined in the Contempt of Courts Act of 1971?

‘Contempt of court’ is defined as civil or criminal contempt. Civil means willful disobedience to court process/undertaking. Criminal means publication or act that scandalizes/lowers court authority, prejudices/interferes with judicial proceedings, or obstructs justice.

82. Does a High Court have power to punish for contempt of subordinate courts?

Yes, a High Court has power to punish for contempt of not only itself but also contempt of subordinate courts.

83. What is the Power of Judicial Review of a high court?

Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both Central and state governments.

84. What happens if a law or order is found to be violative of the Constitution by the high court?

If found violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional, and invalid (null and void), and consequently, cannot be enforced by the government.

85. What Articles explicitly confer the power of judicial review on a high court?

Articles 13 and 226 explicitly confer the power of judicial review on a high court.

86. What are the three grounds on which the constitutional validity of a legislative enactment or an executive order can be challenged in a high court?

The constitutional validity can be challenged if:

1. It infringes the fundamental rights (Part III).
2. It is outside the competence of the authority which has framed it.
3. It is repugnant to the constitutional provisions.

87. What did the 42nd Amendment Act of 1976 do to the judicial review power of high courts?

The 42nd Amendment Act of 1976 curtailed the judicial review power of high court, debarring them from considering the constitutional validity of any central law.

88. What did the 43rd Amendment Act of 1977 do to the judicial review power of high courts?

The 43rd Amendment Act of 1977 restored the original position of judicial review power of high courts.

89. Which Article deals with High Courts for states?

Article 214 deals with High Courts for states.

90. Which Article deals with High Courts to be courts of record?

Article 215 deals with High Courts to be courts of record.

91. Which Article deals with the Constitution of High Courts?

Article 216 deals with the Constitution of High Courts.

92. Which Article deals with Appointment and conditions of the office of a Judge of a High Court?

Article 217 deals with Appointment and conditions of the office of a Judge of a High Court.

93. Which Article deals with Application of certain provisions relating to Supreme Court to High Courts?

Article 218 deals with Application of certain provisions relating to Supreme Court to High Courts.

94. Which Article deals with Oath or affirmation by judges of High Courts?

Article 219 deals with Oath or affirmation by judges of High Courts.

95. Which Article deals with Restriction on practice after being a permanent judge?

Article 220 deals with Restriction on practice after being a permanent judge.

96. Which Article deals with Salaries etc., of judges?

Article 221 deals with Salaries etc., of judges.

97. Which Article deals with Transfer of a judge from one High Court to another?

Article 222 deals with Transfer of a judge from one High Court to another.

98. Which Article deals with Appointment of acting Chief Justice?

Article 223 deals with Appointment of acting Chief Justice.

99. Which Article deals with Appointment of additional and acting judges?

Article 224 deals with Appointment of additional and acting judges.

100. Which Article deals with Appointment of retired judges at sittings of High Courts?

Article 224A deals with Appointment of retired judges at sittings of High Courts.

101. Which Article deals with Jurisdiction of existing High Courts?

Article 225 deals with Jurisdiction of existing High Courts.

102. Which Article deals with Power of High Courts to issue certain writs?

Article 226 deals with Power of High Courts to issue certain writs.

103. Which Article deals with Constitutional validity of Central laws not to be considered in proceedings under Article 226 (Repealed)?

Article 226A deals with Constitutional validity of Central laws not to be considered in proceedings under Article 226 (Repealed).

104. Which Article deals with Power of superintendence over all courts by the High Court?

Article 227 deals with Power of superintendence over all courts by the High Court.

105. Which Article deals with Transfer of certain cases to High Court?

Article 228 deals with Transfer of certain cases to High Court.

106. Which Article deals with Special provisions as to disposal of questions relating to constitutional validity of state laws (Repealed)?

Article 228A deals with Special provisions as to disposal of questions relating to constitutional validity of state laws (Repealed).

107. Which Article deals with Officers and servants and the expenses of High Courts?

Article 229 deals with Officers and servants and the expenses of High Courts.

108. Which Article deals with Extension of jurisdiction of High Courts to union territories?

Article 230 deals with Extension of jurisdiction of High Courts to union territories.

109. Which Article deals with Establishment of a common High Court for two or more states?

Article 231 deals with Establishment of a common High Court for two or more states.

110. Which Article deals with Interpretation (Repealed)?

Article 232 deals with Interpretation (Repealed).

Chapter 35 State Judiciary

1. What does the state judiciary consist of in India?

The state judiciary in India consists of a high court and a hierarchy of subordinate courts, also known as lower courts.

2. What is the relationship between subordinate courts and the state high court?

The subordinate courts are subordinate to and function below and under the state high court at district and lower levels.

3. Which Articles and Part of the Constitution deal with the organization of subordinate courts and their independence from the executive?

Articles 233 to 237 in Part VI of the Constitution regulate the organization of subordinate courts and ensure their independence from the executive.

4. Who makes the appointment, posting, and promotion of district judges in a state?

The appointment, posting, and promotion of district judges in a state are made by the governor of the state in consultation with the high court.

5. What are the qualifications required for a person to be appointed as a district judge?

A person appointed as a district judge must:

1. Not already be in the service of the Central or state government.
2. Have been an advocate or a pleader for seven years.
3. Be recommended by the high court for appointment.

6. Who appoints judges other than district judges to the judicial service of a state?

Persons other than district judges are appointed to the judicial service of a state by the governor after consultation with the State Public Service Commission and the high court.

7. Where is the control over subordinate courts vested, regarding posting, promotion, and leave?

The control over district courts and other subordinate courts, including the posting, promotion, and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge, is vested in the high court.

8. What does the expression ‘district judge’ include?

The expression ‘district judge’ includes the judges of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge.

9. What does the expression ‘judicial service’ mean?

The expression ‘judicial service’ means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of a district judge.

10. How can the provisions relating to persons in the state judicial service be applied to magistrates?

The Governor may direct that the provisions relating to persons in the state judicial service would apply to any class or classes of magistrates in the state.

11. What is the highest judicial authority in a district?

The district judge is the highest judicial authority in the district.

12. What types of jurisdiction does a district judge possess?

A district judge possesses original and appellate jurisdiction in both civil and criminal matters.

13. What are the different designations for a district judge when dealing with civil and criminal cases?

When dealing with civil cases, he/she is known as the district judge, and when hearing criminal cases, he/she is called the sessions judge.

14. What powers does a district judge exercise, and over which courts does he/she have supervisory powers?

The district judge exercises both judicial and administrative powers and has supervisory powers over all the subordinate courts in the district.

15. Where do appeals against the orders and judgments of a district judge lie?

Appeals against the orders and judgments of a district judge lie to the High Court.

16. What sentencing power does a sessions judge have, and what is required for a capital punishment?

A sessions judge has the power to impose any sentence, including life imprisonment and capital punishment (death sentence). However, a capital punishment passed by him/her is subject to confirmation by the High Court, regardless of appeal.

17. What courts stand below the District and Sessions Court on the civil and criminal sides?

Below the District and Sessions Court stands the Court of Subordinate Judges on the civil side and the Court of Chief Judicial Magistrates on the criminal side.

18. What is the pecuniary jurisdiction of a subordinate judge?

A subordinate judge exercises unlimited pecuniary jurisdiction over civil suits.

19. What types of criminal cases do chief judicial magistrates decide?

Chief judicial magistrates decide criminal cases which are punishable with imprisonment for a term of up to seven years.

20. What courts are at the lowest level on the civil and criminal sides?

At the lowest level, on the civil side, is the Court of Munsiff, and on the criminal side, is the Court of Judicial Magistrate.

21. What is the jurisdiction of a munsiff and a judicial magistrate?

A munsiff possesses limited jurisdiction and decides civil cases of small pecuniary stake. A judicial magistrate tries criminal cases punishable with imprisonment for a term of up to three years.

22. What types of courts exist in some metropolitan cities on the civil and criminal sides?

In some metropolitan cities, there are city civil courts (chief judges) on the civil side and the courts of metropolitan magistrates on the criminal side.

23. What are small causes courts, and what is the finality of their decisions?

Small causes courts decide civil cases of small value in a summary manner. Their decisions are final, but the High Court possesses the power of revision.

24. What are Panchayat Courts known as in some states?

In some states, Panchayat Courts are variously known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, and so on.

25. Which Article of the Constitution deals with the Appointment of district judges?

Article 233 deals with the Appointment of district judges.

26. Which Article of the Constitution deals with the Validation of appointments of, and judgements, etc., delivered by certain district judges?

Article 233A deals with the Validation of appointments of, and judgements, etc., delivered by certain district judges.

27. Which Article of the Constitution deals with the Recruitment of persons other than district judges to the judicial service?

Article 234 deals with the Recruitment of persons other than district judges to the judicial service.

28. Which Article of the Constitution deals with Control over subordinate courts?

Article 235 deals with Control over subordinate courts.

29. Which Article of the Constitution deals with Interpretation in the context of subordinate courts?

Article 236 deals with Interpretation.

30. Which Article of the Constitution deals with the Application of the provisions of this Chapter to certain class or classes of Magistrates?

Article 237 deals with the Application of the provisions of this Chapter to certain class or classes of Magistrates.

Chapter 36 Tribunals

31. When were provisions for tribunals added to the Constitution, and by which Amendment Act?

The original Constitution did not contain provisions for tribunals. The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution.

32. What is Part XIV-A of the Constitution entitled, and what Articles does it consist of?

Part XIV-A of the Constitution is entitled ‘Tribunals’ and consists of Article 323A (administrative tribunals) and Article 323B (tribunals for other matters).

33. What does Article 323A empower the Parliament to do?

Article 323A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, states, local bodies, public corporations, and other public authorities.

34. What was the purpose of passing the Administrative Tribunals Act in 1985?

The Administrative Tribunals Act was passed in 1985 in pursuance of Article 323A to authorize the Central government to establish Central administrative tribunals and state administrative tribunals, aiming to provide speedy and inexpensive justice to aggrieved public servants.

35. When was the Central Administrative Tribunal (CAT) set up, and where is its principal bench located?

The Central Administrative Tribunal (CAT) was set up in 1985 with its principal bench at New Delhi.

36. How many regular benches does CAT currently have, and where do most of them operate?

CAT currently has 19 regular benches, with 17 operating at the principal seats of high courts and the remaining two at Jaipur and Lucknow.

37. What is the original jurisdiction of the CAT?

The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.

38. What categories of public servants are covered by the CAT’s jurisdiction?

The CAT’s jurisdiction extends to the All-India Services, the Central civil services, civil posts under the Centre, and civilian employees of defence services.

39. Who are not covered by the CAT’s jurisdiction?

The members of the defence forces, officers and servants of the Supreme Court, and the secretarial staff of the Parliament are not covered by the CAT’s jurisdiction.

40. What is the composition of the CAT?

The CAT is a multi-member body consisting of a Chairman and Members.

41. What change was made to the composition of CAT in 2006?

Originally, CAT consisted of a Chairman, Vice-Chairman, and Members. In 2006, the provision for the Vice-Chairman was removed by the Administrative Tribunals (Amendment) Act, 2006.

42. What is the sanctioned strength of the Chairman and Members of the CAT?

At present, the sanctioned strength of the Chairman is one and the sanctioned strength of the Members is 69.

43. From what streams are the Chairman and Members of CAT drawn?

The Chairman and Members of CAT are drawn from both judicial and administrative streams.

44. What is the age eligibility criterion for appointment as a Chairman or Member of CAT?

A person who has not completed the age of 50 years is not eligible for appointment as a Chairman or Member.

45. What is the term of office for the Chairman and Members of CAT?

The Chairman and Members hold office for a term of four years or until they attain the age of 70 years (Chairman) and 67 years (Members), whichever is earlier.

46. Who appoints the Chairman and Members of CAT, and based on whose recommendations?

The appointment of Chairman and Members in the CAT is made by the central government on the basis of recommendations of a search-cum-selection committee chaired by the Chief Justice of India or a Judge of the Supreme Court nominated by the Chief Justice of India.

47. What principles guide the CAT’s procedure?

The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice.

48. What is the nominal fee for an applicant to the CAT, and how can an applicant appear?

Only a nominal fee of ₹50 is to be paid by the applicant. The applicant may appear either in person or through a lawyer.

49. What was the original appeal process against CAT orders, and how did the Chandra Kumar case (1997) change it?

Originally, appeals against CAT orders could be made only in the Supreme Court. However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction unconstitutional, holding that judicial review is part of the basic structure of the Constitution. Appeals against CAT orders now lie before the division bench of the concerned high court.

50. Can an aggrieved public servant directly approach the Supreme Court against a CAT order after the Chandra Kumar case?

No, after the Chandra Kumar case, it is not possible for an aggrieved public servant to approach the Supreme Court directly against a CAT order without first going to the concerned high court.

51. What does the Administrative Tribunals Act of 1985 empower the Central government to establish regarding state-level tribunals?

The Administrative Tribunals Act of 1985 empowers the Central government to establish State Administrative Tribunals (SATs) on specific request of the concerned state governments.

52. What is the jurisdiction of SATs?

Like the CAT, the SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.

53. Who appoints the chairman and members of SATs?

The chairman and members of the SATs are appointed by the central government on the recommendations of a search-cum-selection committee chaired by the Chief Justice of the High Court of the concerned state.

54. What provision does the Administrative Tribunals Act of 1985 make for joint administrative tribunals (JATs)?

The act makes a provision for setting up of joint administrative tribunals (JATs) for two or more states.

55. What is the jurisdiction of a JAT?

A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.

56. What does Article 323B authorize the Parliament and state legislatures to do?

Under Article 323B, the Parliament and the state legislatures are authorized to provide for the establishment of tribunals for the adjudication of disputes relating to specific matters.

57. What are some of the matters for which tribunals can be established under Article 323B?

Tribunals can be established for matters such as Taxation, Foreign exchange, import and export, Industrial and labour, Land reforms, Ceiling on urban property, and Elections to Parliament and state legislatures, Food stuffs, and Rent and tenancy rights.

58. What is the key difference between Article 323A and Article 323B regarding the subject matter of tribunals?

Article 323A contemplates tribunals for public service matters only, while Article 323B contemplates tribunals for certain other matters.

59. What is the key difference between Article 323A and Article 323B regarding the establishing authority for tribunals?

Under Article 323A, tribunals can be established only by Parliament, whereas under Article 323B, tribunals can be established by both Parliament and state legislatures with respect to matters falling within their legislative competence.

60. What is the key difference between Article 323A and Article 323B regarding the hierarchy of tribunals?

Under Article 323A, only one tribunal for the Centre and one for each state or two or more states may be established, with no question of hierarchy. Under Article 323B, a hierarchy of tribunals may be created.

61. What did the Supreme Court declare unconstitutional in the Chandra Kumar case (1997) regarding Articles 323A and 323B?

In the Chandra Kumar case (1997), the Supreme Court declared as unconstitutional those provisions of Articles 323A and 323B which excluded the jurisdiction of the high courts and the Supreme Court.

62. What is the implication of the Chandra Kumar case (1997) for judicial remedies against tribunal orders?

As a result of the Chandra Kumar case, judicial remedies are now available against the orders of these tribunals.

Chapter 37 Consumer Commissions

63. Which Act governs the establishment of Consumer Commissions in India, and which older Act did it replace?

The Consumer Protection Act, 2019, governs the establishment of Consumer Commissions, replacing the Consumer Protection Act, 1986.

64. What is the three-tier consumer dispute redressal machinery established by the Consumer Protection Act, 2019?

The three-tier consumer dispute redressal machinery consists of the District Consumer Disputes Redressal Commission, the State Consumer Disputes Redressal Commission, and the National Consumer Disputes Redressal Commission.

65. What are the common names for the three tiers of consumer dispute redressal commissions?

They are commonly known as the District Commission, the State Commission, and the National Commission.

66. What type of bodies are these consumer commissions?

These consumer commissions are quasi-judicial bodies.

67. What are consumer commissions also popularly known as?

They are also popularly known as consumer forums or consumer courts.

68. Who establishes the District Commission, and how many can be established in a district?

The District Commission is established in each district of the state by the state government. The state government may also establish more than one District Commission in a district.

69. Who establishes the State Commission, and where does it ordinarily function?

The State Commission is established in the state by the state government. It shall ordinarily function at the state capital.

70. How does the state government establish regional branches of the State Commission?

The state government may establish regional branches of the State Commission in consultation with the State Commission.

71. Who establishes the National Commission, and where does it ordinarily function?

The National Commission is established by the central government. It shall ordinarily function at the national capital region.

72. How does the central government establish regional branches of the National Commission?

The central government may establish regional branches of the National Commission in consultation with the National Commission.

73. How many District Commissions and State Commissions are there currently, with which body at the apex?

At present, there are 678 District Commissions and 35 State Commissions, with the National Commission at the apex.

74. When was the National Commission constituted?

The National Commission was constituted in 1988.

75. What is the composition of the National Consumer Disputes Redressal Commission?

The National Commission consists of a President and not less than four or not more than such number of members as may be prescribed.

76. What is the prescribed number of members for the National Commission as of 2020, and what is the gender requirement?

In 2020, the central government prescribed that the National Commission shall consist of a President and not less than four or not more than eleven members, with at least one member being a woman.

77. Who determines the qualifications, appointment, salaries, allowances, resignation, removal, and other conditions of service for the President and members of the National Commission?

The central government may make rules to provide for these aspects for the President and members of the National Commission.

78. Who appoints the President and members of the National Commission, and based on whose recommendations?

The President and members of the National Commission are appointed by the central government on the recommendations of a search-cum-selection committee chaired by the Chief Justice of India or a Judge of Supreme Court, who is nominated by the Chief Justice of India.

79. What is the age eligibility criterion for appointment as a President or member of the National Commission?

A person who has not completed the age of 50 years is not eligible for appointment as a President or member.

80. What is the term of office for the President and members of the National Commission?

They hold office for a term of 4 years or until they attain the age of 70 years (President) and 67 years (members), whichever is earlier.

81. Can the salary, allowances, or other terms and conditions of service of the President or any other member of the National Commission be varied to their disadvantage after appointment?

No, neither the salary and allowances nor the other terms and conditions of service of the President or any other member of the National Commission shall be varied to his disadvantage after his appointment.

82. What are the three types of jurisdiction held by the National Commission?

The National Commission has pecuniary jurisdiction, appellate jurisdiction, and revisional jurisdiction.

83. What is the pecuniary jurisdiction of the National Commission for entertaining complaints?

The National Commission has jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds rupees ten crores.

84. What was the pecuniary limit for the National Commission as reduced to in 2021?

In 2021, this limit was reduced to above rupees two crores.

85. What is the appellate jurisdiction of the National Commission?

The National Commission has jurisdiction to entertain appeals against the orders of any State Commission.

86. What is the time limit for filing an appeal to the National Commission against a State Commission order?

The appeal may be made within 30 days from the date of the order of the State Commission.

87. Can the National Commission entertain an appeal filed after the expiry of 30 days?

Yes, the National Commission may entertain an appeal filed after the expiry of 30 days if it is satisfied that there was sufficient cause for not filing the appeal within the given time.

88. What other appeals does the National Commission have jurisdiction over?

The National Commission also has jurisdiction to entertain appeals against the orders of the Central Consumer Protection Authority (CCPA).

89. What is the time limit for filing an appeal to the National Commission against a CCPA order?

The appeal may be made within 30 days from the date of receipt of the order of the CCPA.

90. What is the revisional jurisdiction of the National Commission?

The National Commission has jurisdiction to call for the records and pass appropriate orders in any consumer dispute pending or decided by any State Commission if the State Commission:

1. Exercised a jurisdiction not vested in it by law.
2. Failed to exercise a jurisdiction so vested.
3. Acted in the exercise of its jurisdiction illegally or with material irregularity.

91. What is one of the other powers of the National Commission regarding terms of contract?

The National Commission may declare any terms of contract, which are unfair to any consumer, to be null and void.

92. Does the National Commission have the power to review its own orders?

Yes, the National Commission shall have the power to review any of the orders passed by it if there is an error apparent on the face of the record.

93. How can the National Commission review its own orders?

This can be done by the Commission either of its own motion or on an application made by any of the parties within 30 days of such order.

94. What can an aggrieved party do if an order is passed ex-parte by the National Commission?

Where an order is passed by the National Commission ex-parte, the aggrieved party may make an application to the Commission for setting aside such order.

95. Can the National Commission transfer complaints between District or State Commissions?

Yes, the National Commission may transfer any complaint pending before the District Commission of one state to a District Commission of another state or before one State Commission to another State Commission.

96. How can the National Commission transfer complaints between District or State Commissions?

This can be done by the Commission either on the application of the complainant or of its own motion.

97. Where do appeals against the order of the National Commission lie?

An appeal against the order of the National Commission lies with the Supreme Court.

98. What is the time limit for filing an appeal to the Supreme Court against a National Commission order?

The appeal can be made within 30 days from the date of the order of the National Commission.

99. Can the Supreme Court entertain an appeal filed after the expiry of 30 days against a National Commission order?

Yes, the Supreme Court may entertain an appeal filed after the expiry of 30 days if it is satisfied that there was sufficient cause for not filing the appeal within the given time.

100. What kind of administrative control does the National Commission have over State Commissions?

The National Commission has administrative control over all the State Commissions in matters such as monitoring performance, investigating allegations, and issuing instructions.

101. What does the National Commission monitor regarding State Commissions?

The National Commission monitors the performance of the State Commissions in terms of their disposal of cases, including calling for periodical returns regarding institution, disposal, and pendency of cases.

102. What action does the National Commission take regarding allegations against the President and members of a State Commission?

The National Commission investigates any allegations against the President and members of a State Commission and submits inquiry reports to the concerned state government.

103. What instructions can the National Commission issue to State Commissions?

The National Commission can issue instructions regarding uniform procedures in hearing matters, prior service of copies of documents, furnishing of English translation of judgments, and speedy grant of copies of documents.

104. How does the National Commission oversee the functioning of State and District Commissions?

The National Commission oversees the functioning of the State Commission or the District Commission through inspection or other methods to ensure the objectives of the Act are served without interfering with their quasi-judicial freedom.

105. What is the composition of the State Consumer Disputes Redressal Commission?

Each State Commission consists of a President and not less than four or not more than such number of members as may be prescribed, in consultation with the central government.

106. Who makes rules for the qualifications, appointment, term of office, resignation, and removal of the President and members of the State Commission?

The central government makes rules for these aspects regarding the President and members of the State Commission.

107. Who makes rules for the salaries, allowances, and other terms and conditions of service of the President and members of the State Commission?

The state government makes rules for these aspects regarding the President and members of the State Commission.

108. What are the three types of jurisdiction held by the State Commission?

The State Commission has pecuniary jurisdiction, appellate jurisdiction, and revisional jurisdiction.

109. What is the pecuniary jurisdiction of the State Commission for entertaining complaints?

The State Commission has jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds rupees one crore but does not exceed rupees ten crores.

110. What was the pecuniary limit for the State Commission as reduced to in 2021?

In 2021, this limit was reduced to above rupees fifty lakhs but up to rupees two crores.

111. What is the appellate jurisdiction of the State Commission?

The State Commission has jurisdiction to entertain appeals against the orders of any District Commission within the state.

112. What is the time limit for filing an appeal to the State Commission against a District Commission order?

The appeal may be made within 45 days from the date of the order of the District Commission.

113. Can the State Commission entertain an appeal filed after the expiry of 45 days?

Yes, the State Commission may entertain an appeal filed after the expiry of 45 days if it is satisfied that there was sufficient cause for not filing the appeal within the given time.

114. What is the revisional jurisdiction of the State Commission?

The State Commission has jurisdiction to call for the records and pass appropriate orders in any consumer dispute pending or decided by any District Commission if the District Commission:

1. Exercised a jurisdiction not vested in it by law.
2. Failed to exercise a jurisdiction so vested.
3. Acted in the exercise of its jurisdiction illegally or with material irregularity.

115. What is one of the other powers of the State Commission regarding terms of contract?

The State Commission may declare any terms of contract, which are unfair to any consumer, to be null and void.

116. Does the State Commission have the power to review its own orders?

Yes, the State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record.

117. How can the State Commission review its own orders?

This can be done by the commission either of its own motion or on an application made by any of the parties within 30 days of such order.

118. Can the State Commission transfer complaints between District Commissions?

Yes, the State Commission may transfer any complaint pending before a District Commission to another District Commission within the state.

119. How can the State Commission transfer complaints between District Commissions?

This can be done by the commission either on the application of the complainant or of its own motion.

120. What kind of administrative control does the State Commission have over District Commissions?

The State Commission shall have administrative control over all the District Commissions within its jurisdiction.

121. What is the composition of the District Consumer Disputes Redressal Commission?

Each District Commission consists of a President and not less than two or not more than such number of members as may be prescribed, in consultation with the central government.

122. Who makes rules for the qualifications, appointment, term of office, resignation, and removal of the President and members of the District Commission?

The central government may make rules to provide for these aspects for the President and members of the District Commission.

123. Who makes rules for the salaries, allowances, and other terms and conditions of service of the President and members of the District Commission?

The state government may make rules to provide for these aspects for the President and members of the District Commission.

124. What happens if there is a vacancy in the office of the President or member of a District Commission?

If there is a vacancy, the state government may direct:

1. Any other specified District Commission to exercise jurisdiction for that district also.
2. The President or a member of any other specified District Commission to exercise the power and discharge the functions of the President or member of that District Commission also.

125. What is the pecuniary jurisdiction of the District Commission for entertaining complaints?

The District Commission has jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed rupees one crore.

126. What was the pecuniary limit for the District Commission as reduced to in 2021?

In 2021, this limit was reduced to up to rupees fifty lakhs.

127. Where does the District Commission ordinarily function?

The District Commission shall ordinarily function in the district headquarters.

128. Can the District Commission perform its functions at other places?

Yes, it may also perform its functions at such other place in the district as the state government may notify, in consultation with the State Commission.

129. Does the District Commission have the power to review its own orders?

Yes, the District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record.

130. How can the District Commission review its own orders?

This can be done by the Commission either of its own motion or on an application made by any of the parties within 30 days of such order.

131. What was the pecuniary jurisdiction of the District Commission under the 1986 Act, 2019 Act, and 2021 Rules?

Under the 1986 Act, it was Up to Rs. 20 lakhs. Under the 2019 Act, it was Up to Rs. 1 crore. Under the 2021 Rules, it is Up to Rs. 50 lakhs.

132. What was the pecuniary jurisdiction of the State Commission under the 1986 Act, 2019 Act, and 2021 Rules?

Under the 1986 Act, it was Above Rs. 20 lakhs but up to Rs. 1 crore. Under the 2019 Act, it was Above Rs. 1 crore but up to Rs. 10 crores. Under the 2021 Rules, it is Above Rs. 50 lakhs but up to Rs. 2 crores.

133. What was the pecuniary jurisdiction of the National Commission under the 1986 Act, 2019 Act, and 2021 Rules?

Under the 1986 Act, it was Above Rs. 1 crore. Under the 2019 Act, it was Above Rs. 10 crores. Under the 2021 Rules, it is Above Rs. 2 crores.

Chapter 38 Lok Adalat’s and Other Courts

134. Which Article of the Constitution provides for free legal aid to the poor and weaker sections of society?

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all.

135. Which Articles of the Constitution make it obligatory for the State to ensure equality before law and a legal system promoting justice?

Articles 14 and 22(1) of the Constitution make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.

136. When was the Legal Services Authorities Act enacted by Parliament, and when did it come into force?

The Legal Services Authorities Act was enacted by the Parliament in 1987 and came into force on 9th November, 1995.

137. What was the purpose of the Legal Services Authorities Act, 1987?

The Act was enacted to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of society on the basis of equal opportunity.

138. Which body was constituted under the Legal Services Authorities Act, 1987, and what are its functions?

The National Legal Services Authority (NALSA) was constituted to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

139. What bodies have been constituted at the state, high court, district, and taluk levels to give effect to NALSA’s policies?

In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities and Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks.

140. Which body administers and implements the legal services program related to the Supreme Court of India?

The Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.

141. What are the main functions that State Legal Services Authorities, District Legal Services Authorities, and Taluk Legal Services Committees are asked to discharge?

They are asked to discharge the following main functions:

1. To provide free and competent legal services to eligible persons.
2. To organise Lok Adalats for amicable settlement of disputes.
3. To organise legal awareness camps in rural areas.

142. What do free legal services include?

Free legal services include:

1. Payment of court fee, process fees, and all other charges payable or incurred in connection with any legal proceedings.
2. Providing service of lawyers in legal proceedings.
3. Obtaining and supply of certified copies of orders and other documents in legal proceedings.
4. Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

143. Who are the persons eligible for getting free legal services?

The persons eligible for getting free legal services include:

1. Women and children
2. Members of SC/ST
3. Industrial workmen
4. Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster
5. Disabled persons
6. Persons in custody
7. Persons whose annual income does not exceed ₹1 lakh (in the Supreme Court Legal Services Committee, the limit is ₹5,00,000/-)
8. Victims of trafficking in human beings or beggar.

144. What is a Lok Adalat?

The Lok Adalat is a forum where cases (or disputes) pending in a court or at a pre-litigation stage are compromised or settled in an amicable manner.

145. What does the word ‘Lok Adalat’ mean?

The word ‘Lok Adalat’ means ‘People’s Court’.

146. On what principles is the Lok Adalat system based?

The Lok Adalat system is based on Gandhian principles.

147. What is the Lok Adalat a component of?

It is one of the components of the ADR (Alternative Dispute Resolution) system.

148. What is the primary purpose of Lok Adalats in the context of the Indian judicial system?

The Lok Adalat provides an alternative resolution or device for expeditious and inexpensive justice due to the overburdened Indian courts and lengthy, expensive, and tedious procedures.

149. What is the outcome of Lok Adalat proceedings regarding victors and vanquished?

In Lok Adalat proceedings, there are no victors and vanquished and, thus, no rancour.

150. When and where was the first Lok Adalat camp in the post-independence era organized?

The first Lok Adalat camp in the post-independence era was organised in Gujarat in 1982.

151. What was the status of the Lok Adalat institution before the Legal Services Authorities Act, 1987?

Before the Legal Services Authorities Act, 1987, the Lok Adalat institution was functioning as a voluntary and conciliatory agency without any statutory backing for its decisions.

152. When did the Lok Adalat institution receive statutory status?

The Lok Adalat institution was given statutory status under the Legal Services Authorities Act, 1987.

153. What bodies are authorized to organize Lok Adalats?

The State Legal Services Authority or the District Legal Services Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee or the Taluk Legal Services Committee may organise Lok Adalats.

154. What is the typical composition of a Lok Adalat?

Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social worker as members.

155. What is the jurisdiction of a Lok Adalat?

A Lok Adalat has jurisdiction to determine and arrive at a compromise or settlement for:

1. Any case pending before any court.
2. Any matter falling within the jurisdiction of any court but not yet brought before it (pre-litigation stage).

156. What types of offences fall outside the purview of the Lok Adalat?

The Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.

157. Under what circumstances can a pending court case be referred to a Lok Adalat for settlement?

A pending court case can be referred to the Lok Adalat if:

1. The parties agree to settle the dispute in the Lok Adalat.
2. One of the parties makes an application to the court for referral.
3. The court is satisfied that the matter is appropriate for Lok Adalat.

158. How can a pre-litigation dispute be referred to a Lok Adalat?

In the case of a pre-litigation dispute, the matter can be referred to the Lok Adalat for settlement by the agency organizing the Lok Adalat, on receipt of an application from any one of the parties to the dispute.

159. What powers does a Lok Adalat have similar to a Civil Court under the Code of Civil Procedure (1908)?

The Lok Adalat has powers related to:

1. Summoning and enforcing attendance of witnesses and examining them on oath.
2. Discovery and production of documents.
3. Receiving evidence on affidavits.
4. Requisitioning public records from any court or office.
5. Other matters as prescribed.

160. What is the finality of an award made by a Lok Adalat?

An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court, and it shall be final and binding on all parties to the dispute.

161. Can an appeal be filed against an award made by a Lok Adalat?

No appeal shall lie to any court against the award of the Lok Adalat.

162. What are the three types of Lok Adalats?

The three types of Lok Adalats are National Lok Adalats, State Lok Adalats, and Permanent Lok Adalats (Public Utility Services).

163. What types of cases are settled in National Lok Adalats and State Lok Adalats?

Cases settled include pre-litigation and pending matters related to Negotiable Instruments Act, bank recovery cases, labour dispute cases, service matters, criminal compoundable matters, MACT, etc.

164. What are National Lok Adalats?

National Lok Adalats are held at regular intervals where on a single day, Lok Adalats are held throughout the country, from the Supreme Court to Taluk Levels, to dispose of cases in huge numbers.

165. When did National Lok Adalats start being held on a specific subject matter every month?

From 2015, National Lok Adalats started being held on a specific subject matter every month.

166. What are State Lok Adalats also known as, and what are their classifications?

State Lok Adalats are also known as Regular Lok Adalats, and they are classified into:

1. Continuous Lok Adalat
2. Daily Lok Adalat
3. Mobile Lok Adalat
4. Mega Lok Adalat

167. What is a Continuous Lok Adalat?

A Continuous Lok Adalat bench sits continuously for a set number of days to facilitate settlements by deferring unsettled matters to the next date and encouraging parties to reflect on the terms of the mutually accepted settlement before actual settlement.

168. How often are Daily Lok Adalats organized?

Daily Lok Adalats are organised on a daily basis.

169. What is a Mobile Lok Adalat?

Mobile Lok Adalats are organised by taking the Lok Adalat setup in a Multi-utility van to different areas for resolving petty cases and spreading legal awareness.

170. What is a Mega Lok Adalat?

A Mega Lok Adalat is organised in the State on a single day in all courts of the State.

171. What are the benefits of Lok Adalats according to the Supreme Court?

The benefits include:

1. No court fee, with refund if already paid.
2. Procedural flexibility and speedy trial, without strict application of procedural laws like the Civil Procedure Code and Evidence Act.
3. Direct interaction between parties and the judge through counsel.
4. Binding and non-appealable awards, having the status of a civil court decree.

172. What are the advantages of ADR (Alternative Dispute Resolution) as summarized by the Law Commission of India?

The advantages include:

1. Less expensive.
2. Less time-consuming.
3. Free from technicalities of law courts.
4. Parties are free to discuss differences without fear of disclosure.
5. Parties feel there is no losing or winning side, and their grievance is redressed and relationship restored.

173. When was the Legal Services Authorities Act, 1987, amended to provide for the establishment of Permanent Lok Adalats?

The Legal Services Authorities Act, 1987, was amended in 2002 to provide for the establishment of Permanent Lok Adalats.

174. What is the purpose of Permanent Lok Adalats?

Permanent Lok Adalats were established to deal with cases pertaining to public utility services.

175. What is the composition of a Permanent Lok Adalat?

A Permanent Lok Adalat consists of a Chairman (who is or has been a district judge or higher judicial officer) and two other persons with adequate experience in public utility services.

176. What is the pecuniary jurisdiction of the Permanent Lok Adalat?

The pecuniary jurisdiction of the Permanent Lok Adalat was originally up to rupees ten lakhs.

177. How was the pecuniary jurisdiction of the Permanent Lok Adalat changed in 2015?

In 2015, the Central Government increased the pecuniary jurisdiction of the Permanent Lok Adalat up to Rs. One Crore.

178. Does the Permanent Lok Adalat have jurisdiction over matters relating to non-compoundable offences?

No, the Permanent Lok Adalat shall have no jurisdiction in respect of any matter relating to an offence not compoundable under any law.

179. When can a party make an application to the Permanent Lok Adalat for settlement?

Before the dispute is brought before any court, any party to the dispute may make an application to the Permanent Lok Adalat for settlement of the dispute.

180. What happens if a party makes an application to the Permanent Lok Adalat?

Once an application is made, no party to that application shall invoke jurisdiction of any court in the same dispute.

181. What happens if parties to a dispute reach an agreement in a Permanent Lok Adalat?

If the parties reach an agreement, the Permanent Lok Adalat shall pass an award in terms thereof.

182. What happens if parties to a dispute fail to reach an agreement in a Permanent Lok Adalat?

In case parties to the dispute fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits.

183. What is the finality of an award made by a Permanent Lok Adalat?

Every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto and shall be by a majority of the persons constituting the Permanent Lok Adalat.

184. When was the Family Courts Act enacted, and what was its purpose?

The Family Courts Act, 1984, was enacted to provide for the establishment of Family Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

185. What were some of the reasons for establishing Family Courts?

Reasons included:

1. Urging by women’s associations and other organizations for specialized courts for family disputes, emphasizing conciliation and eliminating rigid rules of procedure.
2. The Law Commission’s 59th report (1974) stressing a different approach for family disputes, advocating settlement efforts before trial.
3. The prevailing adversary approach in regular civil courts for family matters, leading to a need for speedy settlement.

186. What is a salient feature of the Family Courts Act, 1984, regarding establishment?

It provides for the establishment of Family Courts by the State Governments in consultation with the High Courts.

187. What is the obligatory requirement for State Governments regarding Family Courts?

It makes it obligatory on the State Governments to set up a Family Court in every city or town with a population exceeding one million.

188. What matters fall exclusively within the jurisdiction of Family Courts?

Matters include:

1. Matrimonial relief (nullity, separation, divorce, restitution, validity of marriage).
2. Property of spouses.
3. Declaration as to legitimacy.
4. Guardianship or custody of minors.
5. Maintenance of wife, children, and parents.

189. What is the primary endeavor of the Family Court during a family dispute?

It makes it obligatory on the part of the Family Court to endeavour, in the first instance, to effect a reconciliation or a settlement between the parties.

190. What is the nature of proceedings during the reconciliation stage in Family Courts?

During this stage, the proceedings will be informal, and rigid rules of procedure shall not apply.

191. What does the Family Courts Act provide for during the conciliation stage?

It provides for the association of social welfare agencies, counsellors, etc., during the conciliation stage, and also to secure the service of medical and welfare experts.

192. Are parties to a dispute before a Family Court entitled to be represented by a legal practitioner as of right?

No, parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner.

193. Can a Family Court seek assistance from a legal expert?

Yes, the Court may, in the interest of justice, seek assistance of a legal expert as amicus curiae.

194. How does the Family Courts Act simplify rules of evidence and procedure?

It simplifies the rules of evidence and procedure so as to enable a Family Court to deal effectively with a dispute.

195. How many rights of appeal are provided for under the Family Courts Act?

It provides for only one right of appeal, which shall lie to the High Court.

196. When was the Gram Nyayalayas Act enacted, and what was its purpose?

The Gram Nyayalayas Act, 2008, was enacted to provide for the establishment of Gram Nyayalayas at the grass roots level for providing access to justice to citizens at their doorsteps and ensuring justice opportunities are not denied due to social, economic, or other disabilities.

197. What is the constitutional directive that supports the establishment of Gram Nyayalayas?

Article 39A of the Constitution directs the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity and provides free legal aid.

198. What did the Law Commission of India recommend in its 114th Report?

The Law Commission of India in its 114th Report on Gram Nyayalaya suggested the establishment of Gram Nyayalayas for speedy, inexpensive, and substantial justice to the common man.

199. What is the nature of a Gram Nyayalaya court and who appoints its presiding officer?

The Gram Nyayalaya shall be a court of Judicial Magistrate of the first class, and its presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.

200. Where are Gram Nyayalayas established?

The Gram Nyayalaya shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district, or for a group of contiguous Panchayats where there is no intermediate-level Panchayat.

201. What is the status of the Nyayadhikaris presiding over Gram Nyayalayas?

The Nyayadhikaris are strictly judicial officers and draw the same salary and powers as First Class Magistrates working under High Courts.

202. What type of court is a Gram Nyayalaya and what powers does it exercise?

The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.

203. Where is the seat of the Gram Nyayalaya located, and how does it operate?

The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, and they will go to villages, work there, and dispose of cases.

204. What types of cases do Gram Nyayalayas try?

The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes specified in the First Schedule and the Second Schedule to the Act.

205. Who has the power to amend the First and Second Schedules of the Gram Nyayalayas Act?

The Central as well as the State Governments have been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence.

206. What procedure does the Gram Nyayalaya follow in criminal trials?

The Gram Nyayalaya shall follow summary procedure in criminal trial.

207. What powers does the Gram Nyayalaya exercise in civil cases, and what procedure does it follow?

The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act.

208. What is the primary aim of the Gram Nyayalaya regarding disputes?

The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties.

209. What is the finality of a judgment and order passed by the Gram Nyayalaya?

The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree, and to avoid delay in its execution, the Gram Nyayalaya shall follow summary procedure for its execution.

210. Is the Gram Nyayalaya bound by the rules of evidence provided in the Indian Evidence Act, 1872?

No, the Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice.

211. Where does an appeal in criminal cases from a Gram Nyayalaya lie, and within what timeframe must it be disposed of?

Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.

212. Where does an appeal in civil cases from a Gram Nyayalaya lie, and within what timeframe must it be disposed of?

Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.

213. Can a person accused of an offence file an application for plea bargaining in a Gram Nyayalaya?

Yes, a person accused of an offence may file an application for plea bargaining.

214. Who is responsible for establishing Gram Nyayalayas?

Under the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.

215. Is the setting-up of Gram Nyayalayas mandatory for State Governments?

No, the Act does not make the setting-up of the Gram Nyayalayas mandatory.

216. What are some of the issues indicated by States that hinder the operationalization of Gram Nyayalayas?

Issues include:

1. Reluctance of police officials and other State functionaries to invoke jurisdiction.
2. Lukewarm response of the Bar.
3. Non-availability of notaries and stamp vendors.
4. Problem of concurrent jurisdiction of regular courts.

217. What was decided at the Conference of Chief Justices of High Courts and Chief Ministers of the States in April 2013 regarding Gram Nyayalayas?

It was decided that the State Government and High Court should decide the question of establishment of Gram Nyayalayas wherever feasible, taking into account their local problems, focusing on Talukas where regular courts have not been set up.

218. When was the Commercial Courts Act enacted, and what was its purpose?

The Commercial Courts Act, 2015, was enacted for the constitution of Commercial Courts, Commercial Appellate Courts, Commercial Division, and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value.

219. How is a ‘commercial dispute’ defined under the Commercial Courts Act, 2015?

A ‘commercial dispute’ is defined broadly to mean disputes arising out of ordinary transactions of merchants, bankers, financiers, and traders, such as those relating to mercantile documents; joint venture and partnership agreements; intellectual property rights; insurance, and other areas.

220. What was one of the main reasons for establishing Commercial Courts?

One main reason was to provide for speedy disposal of high-value commercial disputes, which involve complex facts and questions of law, thereby creating a positive image for investors about the independent and responsive Indian legal system.

221. What did the Law Commission of India recommend in its 253rd Report regarding commercial disputes?

The Law Commission of India, in its 253rd Report, recommended the establishment of Commercial Courts, Commercial Division, and Commercial Appellate Divisions in the High Courts for disposal of commercial disputes of specified value.

222. What is a salient feature of the Commercial Courts Act regarding the establishment of Commercial Courts at the District level?

The State Government may constitute Commercial Courts at District level for exercising jurisdiction over commercial disputes of a specified value.

223. What is a salient feature of the Commercial Courts Act regarding the designation of Commercial Appellate Courts?

The State Government may designate Commercial Appellate Courts at District judge level to exercise appellate jurisdiction over commercial courts below the district judge level, except in territories where High Courts have ordinary original civil jurisdiction.

224. What is a salient feature of the Commercial Courts Act regarding the constitution of Commercial Division in High Courts?

In all High Courts having ordinary original civil jurisdiction, the Chief Justice of the High Court may constitute Commercial Division for exercising jurisdiction over commercial disputes of a specified value filed in the High Court.

225. What is a salient feature of the Commercial Courts Act regarding the constitution of Commercial Appellate Division?

The Chief Justice of the concerned High Court shall constitute Commercial Appellate Division to hear appeals against the orders of the Commercial Courts at the District judge level and the orders of the Commercial Division of that High Court.

226. What was the specified value of commercial disputes under the Commercial Courts Act, and how was it reduced in 2018?

The specified value of commercial disputes was originally not less than 3 lakh rupees. In 2018, it was reduced from the earlier 1 crore rupees to 3 lakh rupees.

227. What provision is made for compulsory mediation before instituting a suit under the Commercial Courts Act?

A provision is made for compulsory mediation before institution of a suit which does not contemplate any urgent interim relief, introducing the Pre-Institution Mediation and Settlement Mechanism.

228. What authorities can the Central Government empower for the purposes of pre-institution mediation?

The Central Government may empower the Authorities constituted under the Legal Services Authorities Act, 1987, for the purposes of pre-institution mediation.

Chapter 39 Panchayati Raj

229. What does the term Panchayati Raj signify in India?

The term Panchayati Raj in India signifies the system of rural local self-government.

230. How was the Panchayati Raj system constitutionalized?

It was constitutionalized through the 73rd Constitutional Amendment Act of 1992.

231. Which entry in the State List of the Seventh Schedule deals with ‘local government’?

The fifth entry of the State List of the Seventh Schedule to the Constitution of India deals with ‘local government’.

232. When was the Balwantrai Mehta Committee appointed, and what was its purpose?

In January 1957, the Government of India appointed the Balwantrai Mehta Committee to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better working.

233. When did the Balwantrai Mehta Committee submit its report?

The committee submitted its report in November 1957.

234. What scheme did the Balwantrai Mehta Committee recommend, which later became known as Panchayati Raj?

The committee recommended the establishment of the scheme of ‘democratic decentralisation’, which ultimately came to be known as Panchayati Raj.

235. What was the key recommendation of the Balwantrai Mehta Committee regarding the structure of Panchayati Raj?

The committee recommended the establishment of a three-tier panchayati raj system: gram panchayat at the village level, panchayat samiti at the block level, and zila parishad at the district level.

236. How should the three tiers of Panchayati Raj be linked according to the Balwantrai Mehta Committee?

These tiers should be organically linked through a device of indirect elections.

237. How should the representatives for the village panchayat, panchayat samiti, and zila parishad be constituted according to the Balwantrai Mehta Committee?

The village panchayat should be constituted with directly elected representatives, while the panchayat samiti and zila parishad should be constituted with indirectly elected members.

238. What responsibilities were to be entrusted to these Panchayati Raj bodies?

All planning and development activities should be entrusted to these bodies.

239. What roles were assigned to the panchayat samiti and the zila parishad by the Balwantrai Mehta Committee?

The panchayat samiti should be the executive body, while the zila parishad should be the advisory, coordinating, and supervisory body.

240. Who should be the chairman of the zila parishad according to the Balwantrai Mehta Committee?

The district collector should be the chairman of the zila parishad.

241. What was recommended regarding the transfer of power and resources to these democratic bodies?

There should be a genuine transfer of power and responsibility to these democratic bodies, and adequate resources should be transferred to enable them to discharge their functions.

242. When did the National Development Council accept the recommendations of the Balwantrai Mehta Committee?

The recommendations of the committee were accepted by the National Development Council in January 1958.

243. Which was the first state to establish Panchayati Raj, and when and where was it inaugurated?

Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister on October 2, 1959, in Nagaur district.

244. Which state followed Rajasthan in adopting the Panchayati Raj system in 1959?

Andhra Pradesh followed Rajasthan in adopting the system in 1959.

245. What were some of the differences among states in their Panchayati Raj institutions by the mid-1960s?

Differences included the number of tiers, relative position of samiti and parishad, their tenure, composition, functions, and finances.

246. What type of Panchayati Raj system did Rajasthan adopt, and what about Tamil Nadu and West Bengal?

Rajasthan adopted the three-tier system, Tamil Nadu adopted the two-tier system, and West Bengal adopted the four-tier system.

247. In the Rajasthan–Andhra Pradesh pattern, which body was powerful, and what was the unit of planning?

In the Rajasthan–Andhra Pradesh pattern, the panchayat samiti was powerful as the block was the unit of planning and development.

248. In the Maharashtra–Gujarat pattern, which body was powerful, and what was the unit of planning?

In the Maharashtra–Gujarat pattern, the zila parishad was powerful as the district was the unit of planning and development.

249. What were nyaya panchayats?

Nyaya panchayats were judicial panchayats established in some states to try petty civil and criminal cases.

250. When was the Ashok Mehta Committee appointed, and what was its purpose?

In December 1977, the Janata Government appointed the Ashok Mehta Committee to examine panchayati raj institutions and suggest measures to revive and strengthen the declining system.

251. When did the Ashok Mehta Committee submit its report, and how many recommendations did it make?

The committee submitted its report in August 1978 and made 132 recommendations.

252. What was the main recommendation of the Ashok Mehta Committee regarding the structure of Panchayati Raj?

The committee recommended that the three-tier system of panchayati raj should be replaced by the two-tier system: zila parishad at the district level, and mandal panchayat (group of villages with 15,000-20,000 population) below it.

253. What did the Ashok Mehta Committee recommend as the first point for decentralisation?

A district should be the first point for decentralisation under popular supervision below the state level.

254. What role was assigned to the zila parishad by the Ashok Mehta Committee?

Zila parishad should be the executive body and made responsible for planning at the district level.

255. What was recommended regarding the participation of political parties in panchayat elections?

There should be an official participation of political parties at all levels of panchayat elections.

256. What was recommended regarding the financial resources of panchayati raj institutions?

The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resources.

257. What was recommended regarding social audit for funds allotted to vulnerable groups?

There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.

258. What was recommended regarding the supersession of panchayati raj institutions?

The state government should not supersede the panchayati raj institutions, and if supersession is imperative, elections should be held within six months.

259. What was recommended regarding nyaya panchayats?

The nyaya panchayats should be kept as separate bodies from that of development panchayats and be presided over by a qualified judge.

260. Who was recommended to organise and conduct panchayati raj elections?

The chief electoral officer of a state, in consultation with the chief election commissioner, should organise and conduct the panchayati raj elections.

261. What was recommended regarding the transfer of development functions and staff to the zila parishad?

Development functions should be transferred to the zila parishad, and all development staff should work under its control and supervision.

262. What role were voluntary agencies encouraged to play in panchayati raj?

The voluntary agencies should play an important role in mobilising the support of the people for panchayati raj.

263. What was recommended regarding the appointment of a minister for panchayati raj?

A minister for panchayati raj should be appointed in the state council of ministers to look after the affairs of the panchayati raj institutions.

264. What was recommended regarding reservation of seats in panchayati raj institutions?

Seats for SCs and STs should be reserved on the basis of their population.

265. What was the ultimate recommendation for Panchayati Raj institutions to ensure their status and continuous functioning?

A constitutional recognition should be accorded to the Panchayati Raj institutions.

266. What states took steps to revitalise panchayati raj based on the Ashok Mehta Committee’s recommendations?

The states of Karnataka, West Bengal, and Andhra Pradesh took steps to revitalise panchayati raj.

267. When was the G.V.K. Rao Committee appointed, and by whom?

The G.V.K. Rao Committee was appointed by the erstwhile Planning Commission in 1985.

268. What was the conclusion of the G.V.K. Rao Committee regarding the developmental process?

The Committee concluded that the developmental process was gradually bureaucratised and divorced from the Panchayati Raj, leading to ‘grass without roots’.

269. What was the key recommendation of the G.V.K. Rao Committee regarding the importance of the Zila Parishad?

The Zila Parishad should be of pivotal importance in the scheme of democratic decentralisation, serving as the principal body for management of all development programmes at the district level.

270. What role were Panchayati Raj institutions at the district and lower levels recommended to have?

The Panchayati Raj institutions at the district and lower levels should be assigned an important role with respect to planning, implementation, and monitoring of rural development programmes.

271. What was recommended regarding planning functions at the state level?

Some of the planning functions at the state level should be transferred to the district level planning units for effective decentralized district planning.

272. What new post was recommended by the G.V.K. Rao Committee, and what would be its role?

A post of District Development Commissioner should be created, who would act as the chief executive officer of the Zila Parishad and be in charge of all development departments at the district level.

273. What was recommended regarding the regularity of elections to Panchayati Raj institutions?

Elections to the Panchayati Raj institutions should be held regularly.

274. How did the G.V.K. Rao Committee Report (1986) differ from the Dantwala Committee Report (1978) and Hanumantha Rao Committee Report (1984)?

The G.V.K. Rao Committee Report assigned a leading role to Panchayati Raj in local planning and development, whereas the other two committees suggested that basic decentralized planning should be done at the district level.

275. When was the L.M. Singhvi Committee appointed, and what was its purpose?

In 1986, the Rajiv Gandhi government appointed the L.M. Singhvi Committee to prepare a concept paper on ‘Revitalisation of Panchayati Raj Institutions for Democracy and Development’.

276. What was the key recommendation of the L.M. Singhvi Committee regarding the status of Panchayati Raj institutions?

The committee recommended that the Panchayati Raj institutions should be constitutionally recognised, protected, and preserved, with a new chapter added to the Constitution.

277. What was recommended regarding Nyaya Panchayats by the L.M. Singhvi Committee?

Nyaya Panchayats should be established for a cluster of villages.

278. What was emphasized regarding Gram Sabhas by the L.M. Singhvi Committee?

The committee emphasized the importance of the Gram Sabha and called it the embodiment of direct democracy.

279. What was recommended regarding the financial resources of Village Panchayats?

The Village Panchayats should have more financial resources.

280. What was recommended regarding judicial tribunals for Panchayati Raj institutions?

Judicial tribunals should be established in each state to adjudicate controversies about election to the Panchayati Raj institutions, their dissolution, and other related matters.

281. When was the Thungon Committee constituted, and what was its purpose?

In 1988, a sub-committee of the Consultative Committee of Parliament was constituted under the chairmanship of P.K. Thungon to examine the political and administrative structure in the district for district planning and strengthening the Panchayati Raj system.

282. What was the key recommendation of the Thungon Committee regarding the status of Panchayati Raj bodies?

The committee recommended that the Panchayati Raj bodies should be constitutionally recognized.

283. What was recommended regarding the structure of Panchayati Raj by the Thungon Committee?

A three-tier system of Panchayati Raj with panchayats at the village, block, and district levels was recommended.

284. What role was assigned to the Zilla Parishad by the Thungon Committee?

Zilla Parishad should be the pivot of the Panchayati Raj system and act as the planning and development agency in the district.

285. What was recommended regarding the fixed tenure of Panchayati Raj bodies?

The Panchayati Raj bodies should have a fixed tenure of five years.

286. What was the maximum period recommended for the supersession of a Panchayati Raj body?

The maximum period of super session of a body should be six months.

287. What was recommended regarding a planning and co-ordination committee at the state level?

A planning and co-ordination committee should be set-up at the state level under the chairmanship of the minister for planning, with presidents of Zilla Parishads as members.

288. What was recommended regarding the incorporation of subjects for Panchayati Raj in the Constitution?

A detailed list of subjects for Panchayati Raj should be prepared and incorporated in the Constitution.

289. What was recommended regarding reservation of seats in all three tiers of Panchayati Raj?

Reservation of seats in all the three-tiers should be on the basis of population, and there should also be reservation for women.

290. What was recommended regarding the establishment of a state finance commission?

A state finance commission should be set-up in each state to lay down criteria and guidelines for devolution of finances to the Panchayati Raj institutions.

291. Who was recommended to be the chief executive officer of the Zilla Parishad?

The district collector should be the chief executive officer of the Zilla Parishad.

292. When was the Gadgil Committee constituted, and what was its purpose?

The Gadgil Committee on Policy and Programmes was constituted in 1988 by the Congress party to consider “how best Panchayati Raj institutions could be made effective”.

293. What was the key recommendation of the Gadgil Committee regarding the status of Panchayati Raj institutions?

A constitutional status should be bestowed on the Panchayati Raj institutions.

294. What was recommended regarding the structure of Panchayati Raj by the Gadgil Committee?

A three-tier system of Panchayati Raj with panchayats at the village, block, and district levels was recommended.

295. What was recommended regarding the term of Panchayati Raj institutions by the Gadgil Committee?

The term of Panchayati Raj institutions should be fixed at five years.

296. How were the members of Panchayats at all three levels recommended to be elected?

The members of the Panchayats at all three levels should be directly elected.

297. What was recommended regarding reservation in Panchayati Raj institutions by the Gadgil Committee?

Reservation for SCs, STs, and women was recommended.

298. What responsibility were Panchayati Raj bodies recommended to have regarding socio-economic development?

The Panchayati Raj bodies should have the responsibility of preparation and implementation of plans for socio-economic development.

299. What was recommended regarding the financial powers of Panchayati Raj bodies?

The Panchayat Raj bodies should be empowered to levy, collect, and appropriate taxes and duties.

300. What was recommended regarding the establishment of a State Finance Commission?

Establishment of a State Finance Commission for the allocation of finances to the Panchayats.

301. What was recommended regarding the establishment of a State Election Commission?

Establishment of a State Election Commission for the conduction of elections to the panchayats.

302. When did the Rajiv Gandhi Government introduce the 64th Constitutional Amendment Bill to constitutionalise Panchayati Raj institutions?

The Rajiv Gandhi Government introduced the 64th Constitutional Amendment Bill in the Lok Sabha in July 1989.

303. What was the fate of the 64th Constitutional Amendment Bill introduced by the Rajiv Gandhi Government?

Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and hence, lapsed.

304. When did the V.P. Singh Government introduce a constitutional amendment bill to strengthen panchayati raj institutions, and what was its fate?

The V.P. Singh Government introduced a constitutional amendment bill in the Lok Sabha in September 1990. However, the fall of the government resulted in the lapse of the bill.

305. When did the Narasimha Rao Government introduce a modified Municipalities Bill, and what was its outcome?

The Narasimha Rao Government introduced the modified Municipalities Bill in the Lok Sabha in September 1991. This bill finally emerged as the 73rd Constitutional Amendment Act, 1992, and came into force on 24 April, 1993.

306. What new Part and Schedule were added to the Constitution by the 73rd Constitutional Amendment Act of 1992?

This act added a new Part-IX to the Constitution, entitled ‘The Panchayats’, and a new Eleventh Schedule.

307. What Articles does Part-IX of the Constitution consist of?

Part-IX consists of provisions from Articles 243 to 243-O.

308. How many functional items does the Eleventh Schedule contain, and which Article does it deal with?

The Eleventh Schedule contains 29 functional items of the panchayats and deals with Article 243-G.

309. What Article of the Constitution did the 73rd Amendment Act give practical shape to?

The act has given a practical shape to Article 40 of the Constitution, which deals with the organization of village panchayats and endowing them with powers for self-government.

310. What is the implication of the 73rd Amendment Act giving constitutional status to Panchayati Raj institutions?

It has brought them under the purview of the justiciable part of the Constitution, meaning states are under constitutional obligation to adopt the new system, and formation and elections are no longer dependent on the state government’s will.

311. Into what two categories can the provisions of the 73rd Amendment Act be grouped?

The provisions of the act can be grouped into compulsory (mandatory or obligatory) and voluntary (discretionary or optional) provisions.

312. What is the difference between compulsory and voluntary provisions of the 73rd Amendment Act?

Compulsory provisions must be included in state laws creating the new panchayati raj system, while voluntary provisions may be included at the discretion of the states, allowing for local factors to be considered.

313. What is the significance of the 73rd Amendment Act in the evolution of democratic institutions?

The act is a significant landmark in the evolution of grassroot democratic institutions, transferring representative democracy into participatory democracy.

314. What does the Gram Sabha consist of, and what is its role?

The Gram Sabha is the foundation of the panchayati raj system, consisting of persons registered in the electoral rolls of a village. It is a village assembly exercising powers and functions determined by the state legislature.

315. What is the three-tier system of Panchayati Raj provided by the 73rd Amendment Act?

The act provides for a three-tier system of panchayati raj in every state: panchayats at the village, intermediate, and district levels.

316. What is the exception to the three-tier system of Panchayati Raj?

A state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.

317. How are the members of panchayats at the village, intermediate, and district levels elected?

All the members of panchayats at the village, intermediate, and district levels shall be elected directly by the people.

318. How are the chairpersons of panchayats at the intermediate and district levels elected?

The chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof.

319. How is the chairperson of a panchayat at the village level elected?

The chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.

320. Do the chairperson and other members of a panchayat have the right to vote in meetings?

Yes, the chairperson and other members of a panchayat elected directly or indirectly shall have the right to vote in the meetings of the panchayats.

321. What does the 73rd Amendment Act provide for regarding reservation of seats for SCs and STs in panchayats?

The act provides for the reservation of seats for scheduled castes and scheduled tribes in every panchayat (at all three levels) in proportion to their population.

322. What does the 73rd Amendment Act provide for regarding reservation of offices of chairperson for SCs and STs?

The state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.

323. What does the 73rd Amendment Act provide for regarding reservation of seats for women in panchayats?

The act provides for the reservation of not less than one-third of the total number of seats for women (including those reserved for SCs and STs).

324. What does the 73rd Amendment Act provide for regarding reservation of offices of chairpersons for women?

Not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.

325. What provision does the act authorize the state legislature to make regarding reservation of seats for backward classes?

The act also authorizes the legislature of a state to make any provision for reservation of seats in any panchayat or offices of chairperson in the panchayat at any level in favour of backward classes.

326. When will the reservation of seats and offices of chairpersons for scheduled castes and scheduled tribes in panchayats cease to have effect?

The reservation shall cease to have effect after the expiration of the period specified in Article 334 (presently eighty years, till 2030).

327. Does the provision for reservation of seats for scheduled castes apply to Arunachal Pradesh?

No, the provision relating to the reservation of seats for scheduled castes is not applicable to the state of Arunachal Pradesh because the state is inhabited fully by indigenous tribal people and has no scheduled castes.

328. When was the provision regarding reservation of seats for scheduled castes in Arunachal Pradesh added?

This provision was added later by the 83rd Constitutional Amendment Act of 2000.

329. What is the term of office for panchayats at every level?

The act provides for a five-year term of office to the panchayat at every level from the date of its first meeting.

330. What happens if a panchayat is dissolved before the completion of its term?

Fresh elections to constitute a panchayat shall be completed: (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

331. What is the rule if the remainder of the period for a dissolved panchayat is less than six months?

Where the remainder of the period is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.

332. What is the term of a panchayat reconstituted after premature dissolution?

A panchayat reconstituted after premature dissolution continues only for the remainder of the period for which the dissolved panchayat would have continued.

333. What are the grounds for disqualification from being chosen as or being a member of a panchayat?

A person is disqualified if they are disqualified under: (a) any law in force for elections to the state legislature, or (b) any law made by the state legislature.

334. Is a person disqualified from being a member of a panchayat if they are less than 25 years of age but have attained 21 years?

No, a person shall not be disqualified on the ground that he/she is less than 25 years of age if he/she has attained the age of 21 years.

335. Who determines questions of disqualification for panchayat members?

All questions of disqualifications shall be referred to such authority as the state legislature determines.

336. Who is responsible for the superintendence, direction, and control of electoral rolls and elections to panchayats?

The State Election Commission is responsible for these functions.

337. Who appoints the State Election Commissioner?

The State Election Commissioner is appointed by the governor.

338. Who determines the conditions of service and tenure of office of the State Election Commissioner?

His/her conditions of service and tenure of office shall also be determined by the governor.

339. How can a State Election Commissioner be removed from office?

He/she shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court.

340. Can the conditions of service of the State Election Commissioner be varied to his/her disadvantage after appointment?

No, his/her conditions of service shall not be varied to his/her disadvantage after his/her appointment.

341. What powers and authority can the state legislature endow upon Panchayats?

The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.

342. What types of provisions can a scheme for devolution of powers to Panchayats contain?

Such a scheme may contain provisions for: (a) the preparation of plans for economic development and social justice, and (b) the implementation of schemes for economic development and social justice, including those in relation to the 29 matters listed in the Eleventh Schedule.

343. What financial powers can the state legislature authorize a panchayat to exercise?

The state legislature may authorize a panchayat to levy, collect, and appropriate taxes, duties, tolls, and fees.

344. What financial provisions can the state legislature make for panchayats?

The state legislature can: (b) Assign to a panchayat taxes, duties, tolls, and fees levied and collected by the state government. (c) Provide for making grants-in-aid to the panchayats from the consolidated fund of the state. (d) Provide for the constitution of funds for crediting all moneys of the panchayats.

345. Who constitutes a Finance Commission for panchayats, and how often?

The governor of a state shall, after every five years, constitute a finance commission to review the financial position of the panchayats.

346. What recommendations does the State Finance Commission make to the Governor?

The State Finance Commission makes recommendations on:

1. Principles governing distribution of net proceeds of taxes between the state and panchayats, and allocation among panchayats.
2. Determination of taxes, duties, tolls, and fees assignable to panchayats.
3. Grants-in-aid to panchayats from the consolidated fund of the state.
4. Measures needed to improve the financial position of the panchayats.
5. Any other matter referred by the governor in the interests of sound finance.

347. Who determines the composition, qualifications, and selection manner of the State Finance Commission?

The state legislature may provide for the composition of the commission, the required qualifications of its members, and the manner of their selection.

348. What is the governor’s role after receiving recommendations from the State Finance Commission?

The governor shall place the recommendations of the commission along with the action taken report before the state legislature.

349. What is the role of the Central Finance Commission regarding panchayats?

The Central Finance Commission shall also suggest measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats (based on the recommendations of the state finance commission).

350. What provisions can the state legislature make regarding accounts of panchayats?

The state legislature may make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts.

351. Are the provisions of Part IX of the Constitution applicable to Union Territories?

Yes, the provisions of this Part are applicable to the Union territories.

352. How can the President apply the provisions of Part IX to Union Territories?

The President may direct that they would apply to a Union territory subject to such exceptions and modifications as he/she may specify.

353. Which states and areas are exempted from the application of the 73rd Amendment Act?

The act does not apply to the states of Nagaland, Meghalaya, and Mizoram and certain other areas, including: (a) Scheduled areas and tribal areas in the states. (b) Hill areas of Manipur for which district councils exist. (c) Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.

354. Can the Parliament extend the provisions of Part IX to scheduled and tribal areas?

Yes, the Parliament may extend the provisions of this Part to the scheduled areas and tribal areas subject to such exceptions and modifications as it may specify.

355. What Act did Parliament enact under the provision to extend Part IX to scheduled and tribal areas?

Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.

356. What is the status of existing state laws relating to panchayats after the 73rd Amendment Act?

All state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this act (April 24, 1993).

357. What happened to panchayats existing immediately before the commencement of the 73rd Amendment Act?

All panchayats existing immediately before the commencement of the act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

358. When did the majority of states pass their Panchayati Raj Acts in accordance with the 73rd Constitutional Amendment Act?

Consequently, the majority of states passed the panchayati raj acts in 1993 and 1994.

359. What does the 73rd Amendment Act state regarding interference by courts in electoral matters of panchayats?

The act bars the interference by courts in the electoral matters of panchayats.

360. How can the validity of a law relating to delimitation of constituencies or allotment of seats in panchayats be questioned?

The act declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.

361. How can an election to any panchayat be questioned?

No election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

362. What are the 29 functional items listed in the Eleventh Schedule that fall under the purview of panchayats?

The 29 functional items include:

1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry
7. Minor forest produce
8. Small-scale industries, including food processing industries
9. Khadi, village and cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification, including distribution of electricity
15. Non-conventional energy sources
16. Poverty alleviation programme
17. Education, including primary and secondary schools
18. Technical training and vocational education
19. Adult and non-formal education
20. Libraries
21. Cultural activities
22. Markets and fairs
23. Health and sanitation including hospitals, primary health centres and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of the handicapped and mentally retarded
27. Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes
28. Public distribution system
29. Maintenance of community assets.

363. What are the compulsory provisions of the 73rd Constitutional Amendment Act (1992)?

Compulsory provisions include:

1. Organisation of Gram Sabha in a village or group of villages.
2. Establishment of panchayats at the village, intermediate and district levels.
3. Direct elections to all seats in panchayats at the village, intermediate and district levels.
4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
5. Voting rights of the chairperson and other members of a panchayat elected directly or indirectly.
6. 21 years to be the minimum age for contesting elections to panchayats.
7. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all three levels.
8. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all three levels.
9. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.
10. Establishment of a State Election Commission for conducting elections to the panchayats.
11. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

364. What are the voluntary provisions of the 73rd Constitutional Amendment Act (1992)?

Voluntary provisions include:

1. Endowing the Gram Sabha with powers and functions at the village level.
2. Determining the manner of election of the chairperson of the village panchayat.
3. Giving representation to the chairpersons of the village panchayats in the intermediate panchayats or in the district panchayats (if no intermediate panchayats exist).
4. Giving representation to the chairpersons of the intermediate panchayats in the district panchayats.
5. Giving representation to members of Parliament (both Houses) and the state legislature (both Houses) in the panchayats at different levels falling within their constituencies.
6. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.
7. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (autonomous bodies).
8. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule.
9. Granting financial powers to the panchayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees.
10. Assigning to a panchayat the taxes, duties, tolls and fees levied and collected by the state government.
11. Making the grants-in-aid to the panchayats from the consolidated fund of the state.
12. Providing for constitution of funds for crediting all moneys of the panchayats.

365. What is the PESA Act of 1996 also known as?

The PESA Act of 1996 is popularly known as the Extension Act.

366. What is the purpose of the PESA Act of 1996?

The PESA Act of 1996 extends the provisions of Part IX of the Constitution relating to Panchayats to the Fifth Schedule areas, with certain exceptions and modifications.

367. How many states currently have Fifth Schedule Areas?

At present, ten states have Fifth Schedule Areas.

368. What are the ten states that currently have Fifth Schedule Areas?

These states are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.

369. What is the first objective of the PESA Act?

To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications.

370. What is the second objective of the PESA Act?

To provide self-rule for the bulk of the tribal population.

371. What is the third objective of the PESA Act?

To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities.

372. What is the fourth objective of the PESA Act?

To evolve a suitable administrative framework consistent with traditional practices.

373. What is the fifth objective of the PESA Act?

To safeguard and to preserve the traditions and customs of tribal communities.

374. What is the sixth objective of the PESA Act?

To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements.

375. What is the seventh objective of the PESA Act?

To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha.

376. What is a key feature of state legislation on Panchayats in Scheduled Areas under the PESA Act?

A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices, and traditional management practices of community resources.

377. How is a village ordinarily defined under the PESA Act?

A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.

378. What does every Gram Sabha consist of under the PESA Act?

Every Gram Sabha shall consist of persons whose names are included in the electoral rolls for the Panchayat at the village level.

379. What is the competence of every Gram Sabha under the PESA Act?

Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources, and the customary mode of dispute resolution.

380. What are the responsibilities of the Gram Sabha regarding plans and beneficiaries?

The Gram Sabha is responsible for: (i) Approving plans, programmes and projects for social and economic development before implementation by the Panchayat. (ii) Identifying beneficiaries under poverty alleviation and other programmes.

381. What is required of every Panchayat at the village level regarding fund utilization under the PESA Act?

Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the approved plans, programmes, and projects.

382. What is the provision for reservation of seats in Panchayats in Scheduled Areas under the PESA Act?

The reservation of seats in the Scheduled Areas shall be in proportion to the population of the communities for whom reservation is sought, with reservation for Scheduled Tribes not less than one-half of the total number of seats.

383. What is the provision for reservation of Chairpersons’ seats in Panchayats in Scheduled Areas under the PESA Act?

All seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.

384. Can the state government nominate Scheduled Tribes to Panchayats in Scheduled Areas?

Yes, the state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate or district level, but such nomination shall not exceed one-tenth of the total members to be elected.

385. What is required before land acquisition or resettlement in Scheduled Areas for development projects?

The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land or resettling/rehabilitating affected persons.

386. Who coordinates the actual planning and implementation of projects in the Scheduled Areas?

The actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.

387. What is entrusted to Panchayats at the appropriate level regarding minor water bodies in Scheduled Areas?

Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.

388. What is mandatory for granting prospecting licenses or mining leases for minor minerals in Scheduled Areas?

The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for granting prospecting licenses or mining leases for minor minerals.

389. What is mandatory for granting concession for the exploitation of minor minerals by auction?

The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for granting concession for the exploitation of minor minerals by auction.

390. What specific powers and authority shall a State Legislature ensure Panchayats in Scheduled Areas are endowed with?

A State Legislature shall ensure Panchayats are endowed with powers to: (i) Enforce prohibition or regulate/restrict sale/consumption of intoxicants. (ii) Ownership of minor forest produce. (iii) Prevent alienation of land and restore unlawfully alienated land of a Scheduled Tribe. (iv) Manage village markets. (v) Control money lending to Scheduled Tribes. (vi) Control institutions and functionaries in all social sectors. (vii) Control local plans and resources for such plans, including tribal sub-plans.

391. What safeguards shall State Legislations contain regarding Panchayats in Scheduled Areas?

The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.

392. What pattern shall the State Legislature endeavour to follow when designing administrative arrangements for Panchayats at district levels in Scheduled Areas?

The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution.

393. What is the effect of any law related to Panchayats in Scheduled Areas that is inconsistent with the PESA Act?

Any such inconsistent provision shall cease to be in force at the expiry of one year from the date on which this Act receives the assent of the President.

394. What happens to Panchayats existing before the PESA Act received assent?

All Panchayats existing immediately before such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner.

395. What are the main sources of revenue for Panchayati Raj Institutions (PRIs)?

The main sources of revenue for PRIs are: (i) Grants from the Union Government (based on Central Finance Commission recommendations). (ii) Devolution from the State Government (based on State Finance Commission recommendations). (iii) Loans / grants from the State Government. (iv) Programme-specific allocation under Centrally Sponsored Schemes and Additional Central Assistance. (v) Internal Resource Generation (tax and non-tax).

396. What is the general conclusion about States’ attention to fiscal empowerment of Panchayats?

Across the country, States have not given adequate attention to fiscal empowerment of the Panchayats, resulting in meager own resources.

397. Are Panchayats heavily dependent on government grants?

Yes, Panchayats are heavily dependent on grants from Union and State Governments.

398. What is the conclusion about the discretion and flexibility of Panchayats in incurring expenditure?

Panchayats have limited discretion and flexibility in incurring expenditure, as a major portion of grants are scheme-specific.

399. Why are State Governments not keen to devolve funds to Panchayats?

State Governments are not keen to devolve funds to Panchayats due to their own tight fiscal position.

400. Who is directly responsible for the implementation and expenditure of most Eleventh Schedule matters?

In most critical Eleventh Schedule matters (e.g., primary education, healthcare, water supply), it is the State Government that is directly responsible for implementation and expenditure.

401. What is the overall situation regarding Panchayats’ responsibility and resources?

Overall, a situation has been created where Panchayats have responsibility but grossly inadequate resources.

402. What ensures people’s involvement and makes the institution accountable to its citizens?

The existence of a local taxation system ensures people’s involvement in the affairs of an elected body and makes the institution accountable to its citizens.

403. Which tier of Panchayats is in a better position for own resource collection?

The Gram Panchayats are comparatively in a better position because they have a tax domain of their own.

404. On what do the intermediate and District Panchayats depend for generating internal resources?

The intermediate and District Panchayats are dependent only on tolls, fees, and non-tax revenue for generating internal resources.

405. What types of taxes, duties, tolls, and fees come under the jurisdiction of Village Panchayats?

These include property/house tax, profession tax, land tax/cess, taxes/tolls on vehicles, entertainment tax/fees, license fees, tax on non-agriculture land, fee on registration of cattle, sanitation/drainage/conservancy tax, water rate/tax, lighting rate/tax, education cess, and tax on fairs and festivals.

406. What is the first reason for the sub-optimal performance of Panchayati Raj Institutions (PRIs) even after constitutional status?

Lack of adequate devolution of 3Fs (functions, funds, and functionaries) from many States to the PRIs.

407. What is the issue with State Finance Commissions (SFCs) regarding fiscal viability of PRIs?

While SFCs have submitted recommendations, not many States have implemented them or taken steps to ensure the fiscal viability of the PRIs.

408. How does excessive control by bureaucracy affect Gram Panchayats?

In some States, Gram Panchayats are placed in subordination, requiring Sarpanches to spend extraordinary time visiting Block Offices for funds/technical approval, which distorts their role as elected representatives.

409. What are the implications of tied nature of funds for Panchayats?

Tied funds mean activities may not always be appropriate for all parts of the district, leading to unsuitable activities or under-spending.

410. What is the impact of overwhelming dependency on government funding for Panchayats?

When Panchayats do not raise their own resources and depend on external funds, people are less likely to request a social audit.

411. Why do very few Panchayats use their fiscal power to levy and collect taxes?

Panchayat heads argue that it is difficult to levy tax on your own constituency, especially when living in the community.

412. What is the issue with the status of the Gram Sabha?

Many State Acts have not spelt out the powers of Gram Sabhas, nor have procedures been laid down for their functioning or penalties for officials, limiting their role in transparency and accountability.

413. What is the problem with the creation of Parallel Bodies (PBs)?

PBs often bypass mainstream programmes, create disconnect and duality, and usurp the legitimate space of PRIs by virtue of their superior resource endowments, despite being created for speedy implementation and accountability.

414. What are the issues related to poor infrastructure in Gram Panchayats?

Many Gram Panchayats lack full-time Secretaries and basic office buildings, and the database for planning and monitoring is often lacking.

415. What is a problem with elected representatives of PRIs regarding their roles and responsibilities?

A large number of elected representatives are semi-literate or illiterate and know little about their roles and responsibilities, often due to lack of good, relevant, and periodic training.

416. Which Article of the Constitution deals with Definitions related to Panchayats?

Article 243 deals with Definitions.

417. Which Article of the Constitution deals with the Gram Sabha?

Article 243A deals with the Gram Sabha.

418. Which Article of the Constitution deals with the Constitution of panchayats?

Article 243B deals with the Constitution of panchayats.

419. Which Article of the Constitution deals with the Composition of panchayats?

Article 243C deals with the Composition of panchayats.

420. Which Article of the Constitution deals with Reservation of seats in panchayats?

Article 243D deals with Reservation of seats.

421. Which Article of the Constitution deals with the Duration of panchayats?

Article 243E deals with the Duration of panchayats, and so on.

422. Which Article of the Constitution deals with Disqualifications for membership in panchayats?

Article 243F deals with Disqualifications for membership.

423. Which Article of the Constitution deals with the Powers, authority and responsibilities of panchayats?

Article 243G deals with Powers, authority and responsibilities of panchayats.

424. Which Article of the Constitution deals with the Powers to impose taxes by, and funds of, the panchayats?

Article 243H deals with Powers to impose taxes by, and funds of, the panchayats.

425. Which Article of the Constitution deals with the Constitution of finance commission to review financial position of panchayats?

Article 243-I deals with the Constitution of finance commission to review financial position.

426. Which Article of the Constitution deals with the Audit of accounts of panchayats?

Article 243J deals with the Audit of accounts of panchayats.

427. Which Article of the Constitution deals with Elections to the panchayats?

Article 243K deals with Elections to the panchayats.

428. Which Article of the Constitution deals with the Application to union territories for panchayats?

Article 243L deals with the Application to union territories.

429. Which Article of the Constitution deals with Part not to apply to certain areas for panchayats?

Article 243M deals with Part not to apply to certain areas.

430. Which Article of the Constitution deals with the Continuance of existing laws and panchayats?

Article 243N deals with Continuance of existing laws and panchayats.

431. Which Article of the Constitution deals with Bar to interference by courts in electoral matters for panchayats?

Article 243-O deals with Bar to interference by courts in electoral matters.

Chapter 40 Municipalities

432. What does the term ‘Urban Local Government’ signify in India?

The term ‘Urban Local Government’ in India signifies the governance of an urban area by the people through their elected representatives.

433. What is the jurisdiction of an urban local government?

The jurisdiction of an urban local government is limited to a specific urban area which is demarcated for this purpose by the state government.

434. What are the eight types of urban local governments in India?

The eight types are: municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust, and special purpose agency.

435. How was the system of urban government constitutionalized?

The system of urban government was constitutionalized through the 74th Constitutional Amendment Act of 1992.

436. Which three ministries at the Central level deal with the subject of ‘urban local government’?

The subject of ‘urban local government’ is dealt with by the Ministry of Housing and Urban Affairs, the Ministry of Defence (for cantonment boards), and the Ministry of Home Affairs (for Union Territories).

437. When and where was the first municipal corporation in India set up?

In 1688, the first municipal corporation in India was set up at Madras.

438. When were municipal corporations set up in Bombay and Calcutta?

In 1726, the municipal corporations were set up in Bombay and Calcutta.

439. What did Lord Mayo’s Resolution of 1870 visualize?

Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development of local self-government institutions.

440. What is Lord Ripon’s Resolution of 1882 known as, and what is he called?

Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government. He is called the father of local-self government in India.

441. When was the Royal Commission on decentralisation appointed, and who was its chairman?

The Royal Commission on decentralisation was appointed in 1907 and its chairman was C.E.H. Hobhouse.

442. What was the status of local self-government under the dyarchical scheme introduced by the Government of India Act of 1919?

Under the dyarchical scheme, local self-government became a transferred subject under the charge of a responsible Indian minister.

443. When was the Cantonments Act passed by the Central legislature?

In 1924, the Cantonments Act was passed by the Central legislature.

444. What was the status of local self-government under the provincial autonomy scheme introduced by the Government of India Act of 1935?

Under the provincial autonomy scheme, local self-government was declared a provincial subject.

445. What was the 65th Constitutional Amendment Bill (Nagarpalika Bill) introduced by the Rajiv Gandhi government in August 1989 aimed at?

The bill aimed at strengthening and revamping the municipal bodies by conferring a constitutional status on them.

446. What was the fate of the Nagarpalika Bill introduced by the Rajiv Gandhi Government?

Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and hence, lapsed.

447. When did the V.P. Singh Government introduce the revised Nagarpalika Bill, and what was its fate?

The V.P. Singh Government introduced the revised Nagarpalika Bill in the Lok Sabha again in September 1990. However, the bill was not passed and finally lapsed due to the dissolution of the Lok Sabha.

448. When did the Narasimha Rao Government introduce the modified Municipalities Bill, and what was its outcome?

The Narasimha Rao Government introduced the modified Municipalities Bill in the Lok Sabha in September 1991. It finally emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1 June 1993.

449. What new Part and Schedule were added to the Constitution by the 74th Constitutional Amendment Act of 1992?

This Act added a new Part IX-A to the Constitution, entitled ‘The Municipalities’, and a new Twelfth Schedule.

450. What Articles does Part IX-A of the Constitution consist of?

Part IX-A consists of provisions from Articles 243-P to 243-ZG.

451. How many functional items does the Twelfth Schedule contain, and which Article does it deal with?

The Twelfth Schedule contains eighteen functional items of municipalities and deals with Article 243-W.

452. What is the implication of the 74th Amendment Act giving constitutional status to municipalities?

It has brought them under the purview of the justiciable part of the Constitution, meaning states are under constitutional obligation to adopt the new system of municipalities.

453. What is the aim of the 74th Amendment Act?

The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.

454. What are the three types of municipalities provided for by the 74th Amendment Act?

The act provides for the constitution of:

1. A nagar panchayat for a transitional area.
2. A municipal council for a smaller urban area.
3. A municipal corporation for a larger urban area.

455. What is the exception to the constitution of municipalities?

If there is an urban area where municipal services are being provided by an industrial establishment, the governor may specify that area to be an industrial township, and a municipality may not be constituted there.

456. What factors does the governor consider when specifying a transitional, smaller urban, or larger urban area?

The governor considers:

1. Population of the area.
2. Density of the population.
3. Revenue generated for local administration.
4. Percentage of employment in non-agricultural activities.
5. Economic importance.
6. Such other factors as he/she may deem fit.

457. How are the members of a municipality elected?

All the members of a municipality shall be elected directly by the people of the municipal area.

458. How are territorial constituencies for municipalities known?

Each municipal area shall be divided into territorial constituencies known as wards.

459. Who determines the manner of election of the chairperson of a municipality?

The state legislature may provide the manner of election of the chairperson of a municipality.

460. What persons can be represented in a municipality, in addition to directly elected members?

The state legislature may provide for the representation of:

1. Persons with special knowledge or experience in municipal administration (without voting rights).
2. Members of the Lok Sabha and state legislative assembly representing constituencies wholly or partly within the municipal area.
3. Members of the Rajya Sabha and state legislative council registered as electors within the municipal area.
4. Chairpersons of committees (other than wards committees).

461. When is a wards committee constituted in a municipality?

A wards committee shall be constituted within the territorial area of a municipality having a population of three lakh or more.

462. Who makes provisions for the composition and territorial area of a wards committee and the manner of filling seats?

The state legislature may make such provisions.

463. Can the state legislature provide for the constitution of other committees in addition to wards committees?

Yes, the state legislature is also allowed to make any provision for the constitution of other committees.

464. Can the chairpersons of other committees be made members of the municipality?

Yes, the chairpersons of such committees may be made members of the municipality.

465. What does the 74th Amendment Act provide for regarding reservation of seats for SCs and STs in municipalities?

The act provides for the reservation of seats for scheduled castes and scheduled tribes in every municipality in proportion to their population.

466. What does the 74th Amendment Act provide for regarding reservation of seats for women in municipalities?

The act provides for the reservation of not less than one-third of the total number of seats for women (including those reserved for SCs and STs).

467. Who may provide for the manner of reservation of offices of chairpersons in municipalities for SCs, STs, and women?

The state legislature may provide for the manner of reservation of offices of chairpersons.

468. Can the state legislature make provisions for reservation of seats or offices of chairpersons for backward classes in municipalities?

Yes, it may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

469. When will the reservation of seats and offices of chairpersons for scheduled castes and scheduled tribes in municipalities cease to have effect?

The reservation shall cease to have effect after the expiration of the period specified in Article 334 (presently eighty years, till 2030).

470. What is the term of office for every municipality?

The act provides for a five-year term of office for every municipality from the date of its first meeting.

471. What happens if a municipality is dissolved before the completion of its term?

Fresh elections to constitute a municipality shall be completed: (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

472. What is the rule if the remainder of the period for a dissolved municipality is less than six months?

Where the remainder of the period is less than six months, it shall not be necessary to hold any election for constituting the new municipality for such period.

473. What is the term of a municipality reconstituted after premature dissolution?

A municipality reconstituted after premature dissolution continues only for the remainder of the period for which the dissolved municipality would have continued.

474. What two additional provisions does the act make with respect to dissolution of a municipality?

The act makes two additional provisions: (a) A municipality must be given a reasonable opportunity of being heard before its dissolution. (b) No amendment of any law for the time being in force shall cause dissolution of a municipality before the expiry of the five years term.

475. What are the grounds for disqualification from being chosen as or being a member of a municipality?

A person is disqualified if they are disqualified under: (a) any law in force for elections to the state legislature, or (b) any law made by the state legislature.

476. Is a person disqualified from being a member of a municipality if they are less than 25 years of age but have attained 21 years?

No, a person shall not be disqualified on the ground that he/she is less than 25 years of age if he/she has attained the age of 21 years.

477. Who determines questions of disqualification for municipality members?

All questions of disqualifications shall be referred to such authority as the state legislature determines.

478. Who is responsible for the superintendence, direction, and control of electoral rolls and elections to municipalities?

The State Election Commission is responsible for these functions.

479. What powers and authority can the state legislature endow upon municipalities?

The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.

480. What types of provisions can a scheme for devolution of powers to municipalities contain?

Such a scheme may contain provisions for: (a) the preparation of plans for economic development and social justice, and (b) the implementation of schemes for economic development and social justice, including those in relation to the eighteen matters listed in the Twelfth Schedule.

481. What financial powers can the state legislature authorize a municipality to exercise?

The state legislature may authorize a municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.

482. What financial provisions can the state legislature make for municipalities?

The state legislature can: (b) Assign to a municipality taxes, duties, tolls, and fees levied and collected by state government. (c) Provide for making grants-in-aid to the municipalities from the consolidated fund of the state. (d) Provide for the constitution of funds for crediting all moneys of the municipalities.

483. What is the role of the Finance Commission (constituted for panchayats) regarding municipalities?

The finance commission shall also, for every five years, review the financial position of municipalities and make recommendations to the governor.

484. What recommendations does the Finance Commission make to the governor regarding municipalities?

The Finance Commission makes recommendations on:

1. Principles governing distribution of net proceeds of taxes between the state and municipalities, and allocation among municipalities.
2. Determination of taxes, duties, tolls, and fees assignable to municipalities.
3. Grants-in-aid to municipalities from the consolidated fund of the state.
4. Measures needed to improve the financial position of the municipalities.
5. Any other matter referred by the governor in the interests of sound finance.

485. What is the governor’s role after receiving recommendations from the Finance Commission regarding municipalities?

The governor shall place the recommendations of the commission along with the action taken report before the state legislature.

486. What is the role of the central finance commission regarding municipalities?

The central finance commission shall also suggest measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities (based on the recommendations of the state finance commission).

487. What provisions can the state legislature make regarding accounts of municipalities?

The state legislature may make provisions with respect to the maintenance of accounts by municipalities and the auditing of such accounts.

488. Are the provisions of Part IX-A of the Constitution applicable to Union Territories?

Yes, the provisions of this Part are applicable to the Union territories.

489. How can the President apply the provisions of Part IX-A to Union Territories?

The President may direct that they would apply to a Union territory subject to such exceptions and modifications as he/she may specify.

490. Which Articles of the 74th Amendment Act were directed not to apply to the National Capital Territory of Delhi by the President in 2001?

The President (in 2001) directed that the provisions of Article 243ZD (Committee for district planning) and 243ZE (Committee for metropolitan planning) shall not apply to the National Capital Territory of Delhi.

491. Which areas are exempted from the application of the 74th Amendment Act?

The act does not apply to the scheduled areas and tribal areas in the states.

492. Does the 74th Amendment Act affect the functions and powers of the Darjeeling Gorkha Hill Council?

No, it shall not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal.

493. Can the Parliament extend the provisions of Part IX-A to scheduled and tribal areas?

Yes, the Parliament may extend the provisions of this part to the scheduled areas and tribal areas subject to such exceptions and modifications as it may specify.

494. What is to be constituted at the district level to consolidate plans from panchayats and municipalities?

Every state shall constitute a district planning committee at the district level.

495. What is the purpose of the district planning committee?

The purpose is to consolidate the plans prepared by panchayats and municipalities in the district and to prepare a draft development plan for the district as a whole.

496. What provisions can the state legislature make with respect to the District Planning Committee?

The state legislature may make provisions with respect to:

1. The composition of such committees.
2. The manner of election of members of such committees.
3. The functions of such committees in relation to district planning.
4. The manner of the election of the chairpersons of such committees.

497. What is the proportion of elected members from district panchayats and municipalities in a district planning committee?

Four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.

498. How is the representation of these members in the district planning committee determined?

The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district.

499. What should a district planning committee consider when preparing the draft development plan?

A district planning committee shall have regard to:

1. Matters of common interest between Panchayats and Municipalities (spatial planning, water sharing, infrastructure, environmental conservation).
2. The extent and type of available resources (financial or otherwise).

500. What is to be constituted for every metropolitan area to prepare a draft development plan?

Every metropolitan area shall have a metropolitan planning committee.

501. What provisions can the state legislature make with respect to the Metropolitan Planning Committee?

The state legislature may make provisions with respect to:

1. The composition of such committees.
2. The manner of election of members of such committees.
3. The representation in such committees of the Central government, state government and other organisations.
4. The functions of such committees in relation to planning and coordination for the metropolitan area.
5. The manner of election of chairpersons of such committees.

502. What is the proportion of elected members from municipalities and panchayats in a metropolitan planning committee?

Two-thirds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.

503. How is the representation of these members in the metropolitan planning committee determined?

The representation of these members in the committee should be in proportion to the ratio between the population of the municipalities and the panchayats in that metropolitan area.

504. What should a metropolitan planning committee consider when preparing the draft development plan?

A metropolitan planning committee shall have regard to:

1. The plans prepared by the Municipalities and the Panchayats in the Metropolitan area.
2. Matters of common interest between the Municipalities and the Panchayats (coordinated spatial planning, water sharing, infrastructure, environmental conservation).
3. The overall objectives and priorities set by the Government of India and the state government.
4. The extent and nature of investments likely to be made by central and state agencies, and other available resources.

505. What is the status of existing state laws relating to municipalities after the 74th Amendment Act?

All state laws relating to municipalities shall continue to be in force until the expiry of one year from the commencement of this act (June 1, 1993).

506. What happened to municipalities existing immediately before the commencement of the 74th Amendment Act?

All municipalities existing immediately before the commencement of the act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

507. What does the 74th Amendment Act state regarding interference by courts in electoral matters of municipalities?

The act bars the interference by courts in the electoral matters of municipalities.

508. How can the validity of a law relating to delimitation of constituencies or allotment of seats in municipalities be questioned?

The act declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.

509. How can an election to any municipality be questioned?

No election to any municipality is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

510. What are the 18 functional items listed in the Twelfth Schedule that fall under the purview of municipalities?

The 18 functional items include:

1. Urban planning including town planning.
2. Regulation of land use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation, conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums.
15. Cattle ponds, prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.

511. What are the eight types of urban local bodies created in India for the administration of urban areas?

The eight types are: Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Cantonment Board, Township, Port Trust, and Special Purpose Agency.

512. For what purpose are Municipal corporations created, and in which cities?

Municipal corporations are created for the administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore, and others.

513. How are Municipal corporations established in states and union territories?

They are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India.

514. What are the three authorities of a municipal corporation?

A municipal corporation has three authorities: the council, the standing committees, and the commissioner.

515. What is the role of the Council in a municipal corporation?

The Council is the deliberative and legislative wing of the corporation, consisting of directly elected Councillors and nominated persons.

516. Who heads the Council of a municipal corporation, and what is their primary function?

The Council is headed by a Mayor, who is basically an ornamental figure and a formal head, primarily functioning to preside over the meetings of the Council.

517. What is the purpose of standing committees in a municipal corporation?

The standing committees are created to facilitate the working of the council, dealing with public works, education, health, taxation, finance, and other fields, and taking decisions.

518. Who is responsible for the implementation of decisions in a municipal corporation, and what is their typical designation?

The municipal commissioner is responsible for the implementation of decisions and is the chief executive authority of the corporation, usually a member of the IAS.

519. For what purpose are municipalities established, and what are their other names?

Municipalities are established for the administration of towns and smaller cities. They are also known as municipal council, municipal committee, municipal board, borough municipality, city municipality, and others.

520. What are the three authorities of a municipality?

Like a municipal corporation, a municipality also has three authorities: the council, the standing committees, and the chief executive officer.

521. Who heads the Council of a municipality, and what is their role?

The Council is headed by a president/chairman, who presides over meetings and enjoys executive powers, playing a significant role in municipal administration.

522. What is the role of the chief executive officer/chief municipal officer in a municipality?

The chief executive officer/chief municipal officer is responsible for day-to-day general administration of the municipality and is appointed by the state government.

523. For what two types of areas is a notified area committee created?

A notified area committee is created for:

1. A fast-developing town due to industrialisation.
2. A town that does not yet fulfill conditions for a municipality but is considered important by the state government.

524. How is a notified area committee established?

It is established by a notification in the government gazette.

525. What is the composition of a notified area committee?

It is an entirely nominated body, meaning all members, including the chairman, are nominated by the state government.

526. What is the nature of a notified area committee in terms of being elected or statutory?

It is neither an elected body nor a statutory body.

527. For what purpose is a town area committee set up?

A town area committee is set up for the administration of a small town.

528. What type of authority is a town area committee, and what functions is it entrusted with?

It is a semi-municipal authority entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy.

529. How is a town area committee created?

It is created by a separate act of a state legislature.

530. What determines the composition, functions, and other matters of a town area committee?

Its composition, functions, and other matters are governed by the act that creates it.

531. How can the members of a town area committee be constituted?

Its members may be wholly elected or wholly nominated by the state government, or partly elected and partly nominated.

532. For what purpose is a cantonment board established?

A cantonment board is established for municipal administration for civilian population in the cantonment area.

533. Under what provisions is a cantonment board set up?

It is set up under the provisions of the Cantonments Act of 2006, a legislation enacted by the Central government.

534. Under whose administrative control does a cantonment board work?

It works under the administrative control of the defence ministry of the Central government.

535. How does a cantonment board differ from other urban local bodies in terms of establishment and administration?

Unlike municipal corporations and municipalities, which are created and administered by the state government, a cantonment board is created as well as administered by the Central government.

536. What was the purpose of enacting the Cantonments Act of 2006?

The Act was enacted to consolidate and amend the law relating to the administration of cantonments to impart greater democratisation, improve financial base, make provisions for developmental activities, and matters connected with them.

537. Which previous Act did the Cantonments Act of 2006 repeal?

This Act repealed the Cantonments Act of 1924.

538. How many cantonment boards are there currently in the country?

At present, there are 62 cantonment boards in the country.

539. How are cantonment boards grouped?

They are grouped into four categories on the basis of the civil population.

540. What are the civil population categories for Cantonment Boards?

Category I: Above 50,000 Category II: 10,000 to 50,000 Category III: 2,500 to 10,000 Category IV: Below 2,500

541. What is the composition of a cantonment board?

A cantonment board consists of partly elected and partly nominated members.

542. What is the term of office for elected and nominated members of a cantonment board?

The elected members hold office for a term of five years, while nominated members continue as long as they hold office in that station.

543. Who is the ex-officio president of the cantonment board, and who presides over its meetings?

The military officer commanding the station is the ex-officio president of the board and presides over its meetings.

544. How is the vice-president of the cantonment board elected?

The vice-president of the board is elected by the elected members from amongst themselves for a term of five years.

545. What are the members of a Category I cantonment board?

The Category I cantonment board consists of:

1. A military officer commanding the station.
2. An executive engineer in the cantonment.
3. A health officer in the cantonment.
4. A first class magistrate nominated by the district magistrate.
5. Three military officers nominated by the officer commanding the station.
6. Eight members elected by the people of the cantonment area.
7. Chief Executive Officer of the cantonment board.

546. What are the functions performed by a cantonment board?

The functions performed by a cantonment board are similar to those of a municipality, statutorily categorised into obligatory functions and discretionary functions.

547. What are the sources of income for a cantonment board?

The sources of income include both tax revenue and non-tax revenue.

548. Who appoints the executive officer of the cantonment board, and what is their role?

The executive officer of the cantonment board is appointed by the President of India. He/she implements all resolutions and decisions of the board and its committees.

549. What is the nature of the township form of urban government?

The township form of urban government has no elected members; it is an extension of the bureaucratic structure of the enterprise that established it.

550. What is the purpose of port trusts in port areas?

Port trusts are established for two purposes: (a) to manage and protect the ports; and (b) to provide civic amenities.

551. How is a port trust created?

A port trust is created by an Act of Parliament.

552. What is the composition of a port trust?

It consists of both elected and nominated members.

553. Who is the chairman of a port trust?

Its chairman is an official.

554. What are special purpose agencies also known as?

They are known as ‘single purpose’, ‘uni-purpose’ or ‘functional local bodies’.

555. What are some examples of special purpose agencies?

Examples include: Town improvement trusts, Urban development authorities, Water supply and sewerage boards, Housing boards, Pollution control boards, Electricity supply boards, and City transport boards.

556. How are these functional local bodies established?

These functional local bodies are established as statutory bodies by an act of state legislature or as departments by an executive resolution.

557. How do these functional local bodies operate in relation to local urban governments?

They function as autonomous bodies and deal with their allotted functions independently of the local urban governments; they are not subordinate agencies.

558. What are the three types of municipal personnel systems in India?

The three types are: Separate Personnel System, Unified Personnel System, and Integrated Personnel System.

559. What is the characteristic of the Separate Personnel System in municipal administration?

Under this system, each local body appoints, administers, and controls its own personnel, who are not transferable to other local bodies. It is the most widely prevalent system.

560. What is the characteristic of the Unified Personnel System in municipal administration?

Under this system, the state government appoints, administers, and controls the municipal personnel, creating state-wide services (cadres) that are transferable between local bodies in the state.

561. In which states is the Unified Personnel System prevalent?

This system is prevalent in Andhra Pradesh, Tamil Nadu, Uttar Pradesh, Rajasthan, Madhya Pradesh, and so on.

562. What is the characteristic of the Integrated Personnel System in municipal administration?

Under this system, the personnel of the state government and those of the local bodies form part of the same service, with municipal personnel being members of state services transferable between local bodies and state government departments.

563. In which states is the Integrated Personnel System prevalent?

This system is prevalent in Odisha, Bihar, Karnataka, Punjab, Haryana, and others.

564. What are the various national-level institutions providing training to municipal personnel?

The national-level institutions are:

1. All-India Institute of Local Self-Government (Mumbai) (constituted in 1927).
2. Centre for Urban and Environmental Studies (New Delhi) (set up in 1967).
3. Regional Centres for Urban and Environmental Studies (Kolkata, Lucknow, Hyderabad and Mumbai) (set up in 1968).
4. National Institute of Urban Affairs (New Delhi) (established in 1976).
5. Human Settlement Management Institute (New Delhi) (established in 1985).

565. What are the five sources of income for urban local bodies?

The five sources of income are: Tax Revenue, Non-Tax Revenue, Grants, Devolution, and Loans.

566. What are some examples of local taxes included in Tax Revenue for urban local bodies?

Local taxes include property tax, entertainment tax, taxes on advertisements, professional tax, water tax, tax on animals, lighting tax, pilgrim tax, market tax, toll on new bridges, and various cesses like library cess, education cess, beggary cess.

567. What is the most important tax revenue for urban local bodies?

Property tax is the most important tax revenue.

568. What sources are included in Non-Tax Revenue for urban local bodies?

Non-Tax Revenue includes rent on municipal properties, fees and fines, royalty, profits and dividends, interest, user charges, and miscellaneous receipts.

569. What do user charges (part of Non-Tax Revenue) include?

User charges include water charges, sanitation charges, and sewerage charges.

570. What do Grants for municipal bodies include?

Grants include various grants given by the Central and State Governments for development programmes, infrastructure schemes, and urban reform initiatives.

571. What does Devolution of funds to urban local bodies consist of?

Devolution consists of the transfer of funds from the state government, based on the recommendations of the state finance commission.

572. How do urban local bodies raise loans?

Urban local bodies raise loans from the state government and financial institutions to meet capital expenditure, with the approval of the state government.

573. When was the Central Council of Local Government set up, and under which Article?

The Central Council of Local Government was set up in 1954 under Article 263 of the Constitution of India.

574. What was the original name of the Central Council of Local Government?

Originally, it was known as the Central Council of Local Self-Government.

575. When was the term ‘self-government’ replaced by ‘government’ in the Council’s name?

The term ‘self-government’ was replaced by ‘government’ in the 1980s.

576. What was the scope of the Council’s dealings before and after 1958?

Till 1958, it dealt with both urban and rural local governments, but after 1958, it has been dealing with matters of urban local government only.

577. What is the nature of the Central Council of Local Government?

The Council is an advisory body.

578. What is the composition of the Central Council of Local Government?

It consists of the Minister for Housing and Urban Affairs in the Government of India and the ministers for local self-government in states.

579. Who acts as the Chairman of the Central Council of Local Government?

The Union minister acts as the Chairman of the Council.

580. What are the functions of the Central Council of Local Government?

The Council performs the following functions:

1. Considering and recommending policy matters.
2. Making proposals for legislation.
3. Examining the possibility of cooperation between the Centre and the states.
4. Drawing up a common programme of action.
5. Recommending Central financial assistance.
6. Reviewing the work done by the local bodies with Central financial assistance.

581. Which Article of the Constitution deals with Definitions related to Municipalities?

Article 243P deals with Definitions.

582. Which Article of the Constitution deals with the Constitution of municipalities?

Article 243Q deals with the Constitution of municipalities.

583. Which Article of the Constitution deals with the Composition of municipalities?

Article 243R deals with the Composition of municipalities.

584. Which Article of the Constitution deals with the Constitution and composition of wards committees?

Article 243S deals with the Constitution and composition of wards committees, and so on.

585. Which Article of the Constitution deals with Reservation of seats in municipalities?

Article 243T deals with Reservation of seats.

586. Which Article of the Constitution deals with the Duration of municipalities?

Article 243U deals with the Duration of municipalities, and so on.

587. Which Article of the Constitution deals with Disqualifications for membership in municipalities?

Article 243V deals with Disqualifications for membership.

588. Which Article of the Constitution deals with the Powers, authority and responsibilities of municipalities?

Article 243W deals with Powers, authority and responsibilities of municipalities, and so on.

589. Which Article of the Constitution deals with the Powers to impose taxes by, and funds of, the municipalities?

Article 243X deals with Powers to impose taxes by, and funds of, the municipalities.

590. Which Article of the Constitution deals with the Finance commission for municipalities?

Article 243Y deals with the Finance commission.

591. Which Article of the Constitution deals with the Audit of accounts of municipalities?

Article 243Z deals with the Audit of accounts of municipalities.

592. Which Article of the Constitution deals with Elections to the municipalities?

Article 243ZA deals with Elections to the municipalities.

593. Which Article of the Constitution deals with the Application to union territories for municipalities?

Article 243ZB deals with Application to union territories.

594. Which Article of the Constitution deals with Part not to apply to certain areas for municipalities?

Article 243ZC deals with Part not to apply to certain areas.

595. Which Article of the Constitution deals with the Committee for district planning?

Article 243ZD deals with the Committee for district planning.

596. Which Article of the Constitution deals with the Committee for metropolitan planning?

Article 243ZE deals with the Committee for metropolitan planning.

597. Which Article of the Constitution deals with the Continuance of existing laws and municipalities?

Article 243ZF deals with the Continuance of existing laws and municipalities.

598. Which Article of the Constitution deals with Bar to interference by courts in electoral matters for municipalities?

Article 243ZG deals with Bar to interference by courts in electoral matters.