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Constitution For Sas 123

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Constitution of India : As per SAS exam

Constitution of India framed by a constituent Assembly set up under Cabinet Mission


Plan of 1946. It was headed by Lord Pathrick Lawrence.

The Assembly constituted of 389 members and elected Dr. Sachidananda Sinha as its
Provisional President.

On 11 Dec 1946, Dr. Rajendra Prasad was made its Chairman and members strength was
reduced to 299 (following withdrawal of Muslim League members)

It took the Constituent Assembly 2 years , 11 months and 18 days to complete the task of
framing the constitution.

Features borrowed from Different constitutions

UK – Parliamentary System, Rule of Law, Law-Making procedure, Single


citizenship, Bi-cameralism.
U S A – Preamble, Independence of Judiciary, Judicial review, Fundamental
rights, Removal of Judges of Supreme court, President as Executive
Head, Vice-President as Ex-Officio Chairman of Upper House.
The Indian constitution is the longest written Constitution in the World.

The constitution passed by the Constituent Assembly had 395 articles and 8 schedules.

It now consists of 22 parts, 444 articles and 12 schedules.

The Preamble of the constitution was originally drafted by Jawaharlal Nehru and is based
on US constitution.

The 42nd amendment added the words “Secular and Socialist” and “Unity and Integrity”
to the original Preamble.

Part I The Union and It’s territory

Article 1- India shall be a Union of states.

Article 2- Admission or Establishment of new states

Article 3- Formation of new states and alteration of states boundaries or names of


existing states

Article 4 – Laws made under Article 2 & 3 (provide for the amendment of the First and
the Forth Schedules)

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Part V The Union Government
Articles 52-78 describes the functioning of the President, Vice President and the
Parliament.

Article 52 – There shall be a President of India.

Article 53 – Executive power of the Union shall be vested in the President

Article 54 – President shall be elected by members of an electoral college consisting of


Elected members of both houses of Parliament and elected members of Legislative
assemblies.

Article 55 - Describes how President is elected.

Article 56 – President’s term is for 5 years. But he can serve for any number of terms.

Article 57 – President is eligible for re-election to office any number of times.

Article 58 – Eligibility conditions for becoming President of India

Article 59 – President should not hold any office of Profit.

Article 60 – Oath or affirmation to be taken by the President.

The name of the candidate for the office of the President of India has
to be proposed by any 50 members of the Electoral college.
Article 61 – President can be impeached. For impeachment Two-Thirds of the majority
of the house is required.

Article 62 – Any vacancy to the Office of President should be filled within SIX months.

Article 63 There shall be a Vice President of India.

Article 64 – The Vice-president is the Ex-officio chairman of the counsel of States (Rajya
Sabha)

Article 65 – The Vice-President discharges the duties of the President in case if he is


temporarily unable to discharge his duties.

Article 66 – The Procedure for election of the Vice-President is laid down.

Article 67 - The term of Office of Vice-President is 5 years.

Article 68 – An election to fill a vacancy caused by the expiration of the term of office of
Vice-President shall be completed before expiration of the term.

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Article 69 - Oath of affirmation to be taken by Vice-President.

Article 70 – Parliament may make any such provisions as it thinks fit for the discharge of
the functions of the President in any contingency.

Article 71 – Disputes arising out of or in connection with the election of a President or


Vice-President

Article 72 – President has powers to grant pardons, reprieves, remission of punishment


or commute the sentence of any person convicted of any offence.

Article 74 – The council of Ministers with the Prime Minister at the head, is to aid and
advice the President who shall in the exercise of his functions, act in accordance with
such advice.

Article 75 – Other provisions as to Ministers

 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.
 The total number of Ministers, including the Prime Minister, in the Council of
ministers shall not exceed fifteen percent, of the total number of members of
the House of the People.
 A Minister who for any period of six consecutive months is not a member of
either House of Parliament shall at the expiration of that period cease to be a
Minister.

Article 76 – makes for the appointment of Attorney General of India, who gives advice
to the Government of India upon legal matters.

 The AG shall have right of audience in all courts in the Territory of India.

Article 77 – All executive action of the Government of India is to be taken in the name of
the President.

Article 78 – It is the duty of the Prime Minister to inform the President about the
decision of the Council of Ministers

Article 79 – Constitution of Parliament

Article 80 – Composition of Council of States (Rajya Sabha)

 [250 = ( 238 + 12) (12 members are nominated by President) – (persons having
special knowledge or practical experience in respect of such matter as the
following namely literature, Science, Art, Social service, Sports) ]

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Article 81 – Composition of Lok Sabha

Article 82 – Readjustment of seats in Lok Sabha after each census.


(But the same has been freezed till year 2026.)
Article 83 – Dissolution of Houses

(i) Rajya Sabha is not subject to dissolution, but 1/3rd of the members
shall retire as soon as may be on the expiration of every second
year.
(ii) House of People (Lok Sabha shall continue from Five years from the
date appointed. In case of Proclamation of Emergency, the same
may be extended upto ONE year.

Article 84 - Qualification for membership of Parliament. (Not less than 30 years of age &
should be citizen of India.

Article 85 – Session of Parliament and its dissolution

Article 86 – Right of President to address either House of Parliament or both Houses


assembled together.

Article 87 – At the commencement of First session after General Election, President will
address the House of the people and at the commencement of first session of each year,
the President shall address both Houses of Parliament assembled together.

Article 88 – Every Minister & the Attorney General of India shall have the right to speak
in, and otherwise to take part in proceedings of either House.

Article 89 – (1) Chairman of Rajya sabha (Vice-President) and (2) Deputy chairman
chosen by members.

Article 90 – Vacation, Resignation of and removal of Deputy Chairman of Rajya Sabha


(Dy. Chairman may be removed from his office by a resolution of the council passed by a
majority of all the members of the council. )

Article 91 – Power of Deputy Chairman to Perform the duties of Chairman (when it is


vacant or when Vice President is discharging the duties of President.

Article 92 – The Chairman or the Deputy Chairman not to preside while a resolution for
his removal from office is under consideration.

Article 93 – Choosing of the Speaker and Deputy speaker of the Lok Sabha.

Article 94 – Vacation & Resignation of and removal of Speaker & Deputy Speaker of Lok
Sabha.

Article 95 – Power of Deputy Speaker to perform the duties of the Office of , or act as,

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Speaker.

Article 96 – The Speaker or the Dy. Speaker not to preside while a resolution for his
removal from office is under consideration.

Article 97 – Salaries & Allowances of the Chairman and Dy. Chairman of Rajya Sabha &
Speaker & Dy.Speaker of Lok sabha.

Article 98 – Each house will have a separate Secretarial staff.

Article 99 – Taking of oath or affirmation by members of the parliament.

Article 100 - All questions at any sitting of either House of joint sitting of the House, shall
be determined by a majority of votes of the members present and voting.

Article 101- Disqualification of Members. Vacation of seats.


 No person can be a member of both Houses of Parliament
 If for a period of 60 days a member of either House of Parliament without
permission of the House absents himself from all meetings thereof, the House
may declare his seat vacant. (provided that the House should not be adjourned
for more than FOUR consecutive days).
Article 102- Disqualification for Membership

 If he holds an office of Profit.


 If he is of unsound mind.
 If he is an undischarged insolvent.
 If he is not a citizen of India.

Article 103 – Decision on questions as to disqualifications of members.

 In this case the matter will be referred to the President of India.

Article 104 - Penalty for sitting and voting before making oath or affirmation under
Article 99 or when not qualified - Rs.500/- fine penalty has to be recovered as a debt
due to the Union.
Article 105 – Powers, privileges & immunities of Parliament and its Members.

 Freedom of speech.
 Shall not be liable in any court of law for vote/anything said in Parliament.

Article 106 - Salaries & Allowances of members

 As decided by Parliament by law.

Article 107 - Provision as to introduction and passing of Bills.

 A Bill has to be passed by both Houses of Parliament.

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 A Bill which has not been passed by Lok Sabha and lying pending in Rajya Sabha
shall not lapse on the dissolution of Lok Sabha.
 A Bill which is pending in House People (Lok Sabha) or which having been passed
by the House of the People is pending in Rajya Sabha, shall lapse on the
dissolution of the Lok Sabha.

Article 108 – Joint sitting of both Houses in certain cases.

 In the following cases :-


 If a bill passed by one house is rejected by another.

Article 109 – Special procedure in respect of Money Bill.

 A money bill is at first introduced in the House of the people.


 A money bill transmitted to Rajya Sabha has to be returned back to Lok Sabha
within a period of 14 days, otherwise it is seen as accepted.
 It is never introduced in the Council of States.

Article 110 - Definition of Money Bills.

 Provisions dealing with imposition, abolition, remission alteration or regulation


of any tax.
 Appropriation or Money from the consolidated Fund of India etc.
 The Speaker decides if a Bill is money bill or not.
 The signatures of the Speaker are required before signing of the President.

Article 111 - Assent to Bills

 When a Bill has been passed by the Houses of Parliament, it shall be presented
to the President. Except, Money Bill , President can return the Bill for re-
consideration.

Article 112 – Annual Financial Statement

 A Statement of the estimated Receipts and Expenditure of the Government of


India for that year is referred as “ Annual Financial statement”.
 Expenditure charged on the Consolidated Fund of India are :
Emoluments and Allowances of the President and relating to his Office
Pay and Allowances of Chairman and Deputy chairman of Rajya Sabha
and Speaker & Dy. Speaker of the Lok sabha.
Debt charges for which the Government of India is liable
Pay and Allowances of & Pensions of Judges of supreme court.
Pensions payable to or in respect of Judges of Federal Court/High court.
Pay and Allowances & Pensions payable to CAG of India.
Any other expenditure declared by the Constitution or by Parliament by

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law to be so charged.

Article 113- Procedure in Parliament with respect to estimates.

Article 114 – Appropriation Bills.

 A Bill is introduced to provide for the appropriation out of the Consolidated Fund
of India of all moneys required to meet
The grants so made by the House of the People
The expenditure charged on the Consolidated Fund of India but not
exceeding in any case the amount shown in the statement previously
laid before Parliament.

Article 115 – Supplementary , Additional or excess grants

Article 116 – Votes on account, votes of Credit, and exceptional Grants.

 The House of People (Lok Sabha) shall have power to make any grant in advance
in respect of estimated expenditure for a part of any financial year pending the
completion of the procedure prescribed in Article 113 for the voting or such grant
and the passing of the law in accordance with the provisions of Article 114 in relation
to that expenditure.
 To make a grant for meeting an unexpected demand.
 To make an exceptional grant which forms no part of the current service of any
financial year.

Article 117 – Special provisions as to Financial Bills.

 A Bill for amending any of the matters (in Money Bill) shall not be introduced or
moved except on the recommendation of the President and a Bill making such
provision shall not be introduced in the Council of States (Rajya Sabha)

Article 118 - Rules of procedure

Article 119 – Regulation by law of procedure in Parliament in relation to Financial


Business

Article 120 – Language to be used in Parliament

 Hindi Or English & in exceptional circumstances in Mother tongue.

Article 121 - Restriction on discussion in Parliament

 With respect to conduct of any Judge of the Supreme court or of a


High court no discussion shall take place, in the discharge of his duties

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except upon a motion

Article 122 – Courts not to inquire into proceedings of Parliament

 The validity of any proceedings in Parliament shall not be called in


question on the ground of any alleged irregularity of proceedings.
 No officer or M.P in whom powers are vested by or under this
Constitution for regulating procedures or the conduct of business, or
for maintaining order, in Parliament shall be subject to the jurisdiction
of any court i/r/o the exercise by him of those powers.

Article 123 - Power of President to promulgate ordinances during recess of Parliament

 When both Houses of Parliament are not in session, the President


may feel the need to take immediate action, taken he may
promulgate an ordinance.
 It is to be laid before both Houses of Parliament and shall cease to
operate at the expiration of SIX weeks from re-assembly of
Parliament.
 It can be withdrawn anytime by the President.

Article 124 - Establishment and Constitution of Supreme Court

 One Chief Justice & not more than Seven other Judges. (Now there are 30
Judges )
 Judge appointed by the President of India.
 Shall hold Office until the age of 65 years.
 In appointment of other judges the Chief Justice shall be consulted.

Qualifications

 Has been a Judge of a High Court for atleast Five years.


 Has been an Advocate of a High Court for atleast 10 years.

No judge who has held office as a Judge of the Supreme Court shall plead or act in
any Court within the Territory of India.

 A Judge of the Supreme Court shall not be removed from his office except by an
order of the President and with two thirds of majority of the members of the
Parliament.

Article 125 – Salaries of Judges

 As decided by Parliament by Law.

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Article 126 – Appointment of Acting Chief Justice

 Out of the remaining judges One of them may be appointed as


Acting. Chief Justice in case of absence or otherwise.

Article 127 - Appointment of Adhoc Judges.

 If there is no quorum of the Judges of the Supreme Court available to


hold or continue any session of the court, the Chief Justice of India
may, with the consent of President, request in writing the
attendance. at the sittings of the Court, as an Adhoc judge for such
period as may be necessary.

Article 128 - Attendance of Retired Judges at sittings of the Supreme Court..

Article 129 – Supreme Court to be a court of record.

Article 130 – Seat of Supreme Court (Delhi)

Article 131 - Original Jurisdiction of Supreme Court

 It shall have original jurisdiction in any dispute between Govt of India


and one or more states.

Article 132 – Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases.

Article 133 – Appellate jurisdiction of Supreme Court in appeals from High courts in
regard to civil matters.

Article 134 – Appellate jurisdiction of Supreme Court in regard to criminal matters.

Article 134A – Certificate for appeal to the Supreme Court.

Article 135 – Jurisdiction and Powers of the Federal Court under existing Law to be
exercisable by the Supreme Court.

Article 136 – Special leave to appeal by the Supreme Court.

Article 137 - Review of judgments or orders by the Supreme Court.

Article 138 – Enlargement of the jurisdiction of the Supreme Court.

Article 139 – Conferment on the Supreme Court of power to issue certain writs.

Article 140 – Ancillary powers of Supreme Courts.

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Article 141 – Law declared by Supreme Court to be binding on all courts.

Article 142 – Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.

Article 143 – Power of President to consult Supreme Court.

Article 144 – Civil & Judicial authorities to act in aid of the Supreme Court.

Article 145 – Rules of Court etc. (Supreme court may from time to time with the
approval of the President, make rules for regulating the courts.)

Article 146 – Officers and servants and the expenses of the Supreme Court.

Article 147 – Interpretation.

Article 148 – Comptroller and Auditor General of India (Appointment)

Article 149 – Duties and powers of the C A G.

Article 150 – Forms of accounts of the Union and of the States.

Article 151 – Audit reports. (Audit Reports o the CAG shall be submitted to the
President/Governor for laying before Parliament/Legislative Assembly)

Part VI The State Government


Article 152 – Definition

Article 153 – Governors of State. (There shall be a Governor for each State)

Article 154 – Executive power of State vested in the Governor.

Article 155 – Appointment of Governor (by the President)

Article 156 – Term of office (Five years or during the pleasure of the President.)

Article 157 – Qualifications for appointment (Min. 35 years of age)

Article 158 – Conditions of Governors Office

Article 159 – Oath or affirmation by the Governor.

Article160 – Discharge of the functions of Governor in certain contingencies.

Article 161 – Power of Governor to grant Pardons etc, and to suspend, remit or commute
sentences in certain cases.

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Article 162 – Extent of executive power of State.

Article163 – Council of ministers to aid and advise Governor.

Article 164 – Other provisions as to Ministers.

 Ministers are appointed by the Governor on the advice of the Chief Minister.
 The Total No. of Ministers, including the Chief Minister, in the council of
Ministers in a State shall not exceed 15% of the Total No of members of the
Legislative Assembly of that State.
 If it exceeds the 15%, then it should be brought in conformity with the provisions
within SIX months from such date.
 No of ministers, including the Chief Minister is a State shall not be less than
TWELVE.

Article 165 – Advocate General for the State.

Article 166 – Conduct of Business of the Govt. of a State.

Article 167 – Duties of Chief Minister as respects the furnishing of information to


Governor etc.

Article 168 – Constitution of Legislatures in States.

 In FIVE states there are Two houses (Leg. Assembly and Leg. Council). A.P, Bihar,
Maharastra, Karnataka, Uttar Pradesh

Article 169 – Abolition or creation Legislative Councils in States.

 Through Article 168, Parliament may by law provide for the abolition of the
Legislative Council of a State having such a council for creation of such a council
in a State having no such Council if the Leg. Assembly of the State passes a
resolution to that.

Article 170 - Composition of Legislative Assemblies.

 Not more than 500 members nor less than 60 members.

Article 171 – Composition of Legislative Councils

 Not to exceed 1/3rd of the Total No. of members in the Legislative Assembly of
that State.

Article 172 – Duration of State Legislatures (For Five years, or unless sooner dissolved.)

Article 173 - Qualification for membership of the state Legislature

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 Citizen of India
 Above 25 years of age

Article 174 - Sessions of the State Legislature, promulgation and dissolution.

Should not exceed more than SIX months from the last meeting.

Article 175 – Right of Governor to address and send messages to the House of Houses.

Article 176 – Special address by the Governor.

 At the commencement of the first session after each General Election to the
Legislative Assembly. and at the commencement of the first session of each
year, the Governor shall address the Legislative Assembly.

Article 177 – Rights of Ministers and Advocate General as respect to the Houses.

 Every Minister and the Advocate General for a State shall have the right to speak
in, and otherwise to take part in the proceedings of, the Legislative
Assembly/Legislative Council of the State

Article 178 – Speaker and Deputy Speaker of Legislative Assembly.

Article179 – Vacation and resignation of and removal from the Offices of Speaker and
Deputy Speaker.

Article 180 – Power of the Deputy Speaker or the person to perform the duties of the
Office of , or to act, as Speaker.

Article 181 – The Speaker or the Dy. Speaker not to preside while a resolution for his
removal from office is under consideration.

Article 182 – The Chairman & Dy. Chairman of the Legislative Council.

 The Legislative Council will choose two members of the Council to be


respectively Chairman and Deputy Chairman .

Article 183 – Vacation and resignation of and removal from, the offices of Chairman and
deputy Chairman.

 If he ceases to be a member of the council


 May be removed from office by a resolution of the Council
passed by a majority of all the then members of the council.
 14 days notice is to be given of the intention to move the notice
of resolution.
 May at any time by writing under his hand to the Governor.

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Article 184 – Power of Dy. Chairman or other person to perform the duties of the office
of, or to act as, Chairman.

Article 185 – The Chairman or Dy. Chairman not to preside while a resolution for his
removal from office is under consideration.

Article 186 – Salaries and allowances of the Speaker and Dy. Speaker and the Chairman &
Dy. Chairman.

Article 187 – Secretariat of State Legislature.

Article 188 – Oath or affirmation by members.

Article 189 – Voting in Houses, power of Houses to act not withstanding vacancies and
quorum.

 The Chairman or Speaker only to use a casting vote in case of an equality of


votes.
 If there is no quorum, the Speaker or Chairman can either adjourn the House or
to suspend the meeting until there is quorum.

Article 190 – Vacation of Seats.

Article 191 - Disqualification for membership

Article 192 - Decision on questions as to disqualifications of members.

Article 193 – Penalty for sitting and voting before making oath or affirmation under
Article 188 or when not qualified or when disqualified.

 Rupees 500/- to be recovered as a debt due to the State.

Article 194 – Powers, privileges etc. of the Houses of Legislatures and of the members
and committees thereof.

Article 195 – Salaries and Allowances of members.

Article 196 – Provision as to introduction and passing of Bills.

Article 197 – Restriction on powers of Legislative council as to Bills other than Money
Bills.

Article 198 – Special procedure in respect of Money Bills

 Money Bills shall not be introduced in a Legislative Council.

Article 199 – Definition of Money Bills.

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Article 200 – Assent to Bills.

Article 201 – Bills reserved for consideration.

 When a Bill is reserved by a Governor for the consideration of the president, the
President shall declare either that he assents to the Bill or that he withholds
assent therefrom.

Article 202. – Annual Financial Statement.

Article 203 – Procedure in Legislature with respect to estimates.

Article 204 – Appropriation Bills.

Article 205 – Supplementary , additional or excess grants.

Article 206 – Votes on account, votes of credit and exceptional grants.

Article 207- Special provisions as to Financial Bills.

Article 208 – Rules of procedure.

Article 209 – Regulation by Law of Procedure in the legislature of the State in relation to
financial business.

Article 210 – Language to be used in the Legislature.

 Official Language or Languages of the State or in Hindi or in English.

Article 211 - Restriction on discussion in the Legislature.

 No discussion in respect of an action of any Judge of the Supreme Court or of a


High court in the discharge of his duties is to be done in the Legislature.

Article 212 - Courts not to inquire into proceedings of the Legislature

Article 213 – Power of Governor to Promulgate ordinances during recess of Legislature.

Article 214 – High Courts for States.

Article 215 – High Courts to be courts of record

Article 216 - Constitution of High Courts.

Article 217 – Appointment and conditions of the Office of a Judge of a High court.

Article 218 – Application of certain provisions relating to Supreme Court to High courts.

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Article 219 – Oath or affirmation by Judges of High Courts.

Article 220 – Restriction on practice after being a permanent Judge.

 Permanent Judge of a High Court shall not plead or act in any court or before any
authority in India except the Supreme Court and the other High Courts.

Article 221 - Salaries etc., of Judges

 As specified in Second schedule.

Article 222 - Transfer of a Judge from One High court to another.

Article 223 – Appointment of Acting Chief Justice

Article 224 – Appointment of Additional Acting Judges.

 In case of absence of Judges, the President may appoint duly qualified persons to
be additional judges for such period not exceeding two years.
 Not to continue in Office after attaining the age of 62 years.

Article 224 A – Appointment of Retired Judges at sittings of High Courts.

Article 225 - Jurisdiction of existing High courts.

Article 226 - Power of High Courts to issue certain writs.

Article 226 A - Constitutional validity of Central laws not to be considered in


proceedings under Article 226.

Article 227 - Power of Superintendence over all courts by the High Courts.

Article 228 - Transfer of certain cases to High Courts.

Article 229 - Officers and servants and the expenses of High courts.

Article 230 - Extension of jurisdiction of High Courts to Union Territories

Article 231 - Establishment of a common High Court for two or more States.

Article 233 – Appointment of District Judges.

Article 233 A – Validation of appointments of, and judgments etc. delivered by, certain
district judges.

Article 234 – Recruitment of persons other than district judges to the Judicial Service.

Article 235 – Control over Subordinate Courts.

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Article 236 – Interpretation

Article 237 – Application of the provisions of this Chapter to certain class or classes of
Magistrates.

Part VIII The Union Territories


Article 239 – Administration of Union Territories

Article 239 A – Creation of Local Legislatures or Council of Ministers or both for certain
Union Territories.

Article 239 AB – Provision in case of failure of constitutional machinery

Article 239 B – Power of administrator to promulgate Ordinances during recess


Legislature.

Article 240 – Power of President to make regulations for certain Union Territories

Article 241 – Constitution of a high Court for a Union Territory or declaration of any court
to be a High Court for the Union Territory.

Part IX The Panchayats


Article 243 – The Panchayats - means an institution of Self Govt. constituted under
Article 243 B, for rural areas.

Article 243 A – Gramsabha – It may exercise such powers and perform such functions at
the village as the Legislature of a state.

Article 243B – Constitution of Panchayats – It shall be constituted in every state.

Article 243 C- Composition of Panchayats -

Article 243 D – Reservation of seats

 Seats are to be reserved for SC/STs &


 1/3rd of the seats are to be reserved for women.

Article 243 E – Duration of Panchayats - FIVE years.

Article 243 F – Disqualification of Membership (If disqualified by Law etc.)

Article 243 G – Powers, Authority & Responsibility of Panchayats - L S G’s etc.

Article 243 H – Powers to impose taxes by, and Funds of, the Panchayats.

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 The legislature of a state authorizes a Panchayat to levy, collect taxes, duties,
tolls and fees etc.

Article 243 I – Constitution of Finance commission to review Financial Position of the


Panchayats

 The Governor at the end of every Fifth year constitute Finance Commission to
make recommendation to the governor as to :- The Distribution between the
state and the Panchayats of the net proceeds of the taxes, duties, tolls and fees
leviable by the State.

Article 243 J – Audit of accounts of Panchayats

 The Legislature of a state will make provisions with respect to the maintenance
of accounts by Panchayats.

Article 243 K – Election to the Panchayats.

Article 243 L – Application to Union Territories ;

 The provisions in this Part shall apply to all Union Territories.

Article 243 M – Part not to apply to certain area. It shall not apply to

 The States of Nagaland, Meghalaya and Mizoram.


 The Hill Areas in the State of Manipur, District of Darjeeling
 Reservation of seats not applicable to the State of Arunachal Pradesh.

Article 243 N – Continuance of existing law and Panchayats

Article 243 O – Bar to interference by Courts in Electoral matters.

Part IX A The Municipalities


Article 243 P _ Definitions – Metropolitan area means an area having a population of Ten
lakhs or more.

Article 243 Q – Constitution of Municipalities :

 Constituted in every state


 A Nagar Panchayat for a transitional area (an area in Transition from a rural area
to an urban area)
 A Municipal council for a smaller urban area.
 A Municipal Corporation for a larger urban area.

Article 243 R – Composition of Municipalities :

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 Municipal areas are divided into territorial constituencies known as WARDS.

Article 243 S – Constitution and Composition of WARDS, committees etc.

 Ward committees are constituted for a population consisting of three lakhs or


more.

Article 243 T – Reservation of seats.

 Seats are reserved for SC/STs in the same proportion to the Total No of seats to
be filled by Direct Election.

Article 243 U – Duration of Municipalities - for FIVE years or till dissolution before
expiry.

Article 243 V – Disqualifications for membership - By Law or otherwise.

Article 243 W – Powers, authority and responsibilities of Municipalities etc.

Article 243 X – Power to impose Taxes by, and funds of, the Municipalities.

Article 243 Y – Setting up of Finance commission.

Article 243 Z – Audit of accounts of Municipalities.

Article 243 ZA – Elections to the Municipalities ------

 Conducted by State Election commission

Article 243 ZB – Application to Union territories - The provisions are applicable to all
Union Territories.

Article 243 ZC – Part not to apply to certain areas

 Assam, Meghalaya, Mizoram, Tripura


 Hilly areas of Darjeeling Gorkha hill.

Article 243 ZD – Committee for District planning :

 A District planning committee is constituted to consolidate the plans prepared


by the Panchayats and the Municipalities.

Article 243 ZE : Committee for Metropolitan planning ---- To prepare a Draft


development plan for the metropolitan area.

Article 243 ZF : Continuance of existing laws and Municipalities.

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Article 243 ZG : Bar to interference by Courts in Electoral matters.

Part X The Scheduled and Tribal Areas

Article 244: Administration of Scheduled Areas and Tribal Areas.

Article 244 A : Formation of an autonomous State comprising certain tribal areas in


Assam and creation of Local Legislature or Council of Minister or both therefor.

Part XI Relations between the Union and the States

Article 245 : Extent of Laws made by Parliament and by the Legislatures of States.

Article 246 : Subject matter of laws made by Parliament and by the Legislatures of
States.

Article 247 : Power of Parliament to provide for the establishment of certain additional
courts.

Article 248 : residuary powers of Legislation.

Article 249 : Power of Parliament to Legislate with respect to matter in the State list in
the national interest.

Article 250 : Power of parliament to Legislate with respect to any matter in the State list
if a proclamation of emergency is in operation.

Article 251 : Inconsistency between laws made by Parliament under Articles 249 and 250
and laws made by the legislatures of States,.

Article 253 : Legislation for giving effect to international agreements.

Article 254 : Inconsistency between Laws made by Parliament and Laws made by the
Legislature of States.

Article 255 : Requirements as to recommendations and previous sanctions to be


regarded as matters of procedure only.

Article 256 : Obligation of States and the Union.

Article 257 : Control of the Union over States in certain areas.

Article 257 A : Assistance to States by deployment of Armed Forces or other forces of


the Union.

Article 258 : Power of the Union to confer Powers etc. on States in certain areas.

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Article258 A : Power of the States to entrust functions to the Union.

Article 259 : Armed Forces in States in Part B of the First Schedule.

Article 260 : Jurisdiction of the Union in relation to territories outside India.

Article 261 : Public acts, records and judicial proceedings.

Article 262 : Adjudication of Disputes relating to Waters of Inter-State reivers of river


valleys.

Article 263 : Provisions with respect to an Inter-State dcouncil.

Part XII Finance, Property, Contracts and Suits

Article 264 : Interpretation – Finance Commission means a Finance Commission


constituted under Article 280.

Article 265 – No tax shall be levied or collected except by authority of Law.

Article 266 – Consolidated funds of India & Public Accounts of India and of the States.

 Net proceeds of Certain Taxes and Duties to States.


 All revenues received by the Govt. of India.
 All loans raised by that Govt. by the issue of treasury Bills, loans or ways and
means advances and all moneys received by that Govt. in repayment of loans
shall form one consolidated Fund to be entitled the Consolidated Fund of India.
Same way as above for Consolidate Fund of that State.
All other public moneys received by or on behalf of the Govt. of India or
the Govt. of a State shall be credited to the Public account of India or the
Public account of the State, as the case may be.
 No money out of the consolidated Fund of India shall be appropriated except in
accordance with law and for the purposed and in the manner provided.

Article 267 – Contingency Fund

 Fund placed at the disposal of the President/Governor to enable advances to be


made by him for the purposes of meting unforeseen expenditure pending
authorisation of such expenditure by Parliament by Law.

Article 268 – Duties levied by the Union but collected and appropriated by the States.

Article 268 A - Service Tax levied by Union and collected and appropriated by the Union
and the States.

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Article 269 – Taxes levied & collected by the Union and assigned to the States.

Article 270 – Taxes levied and distributed between the Union and the States.

Article 271 – Parliament may at any time increase any of the duties or taxes referred to
in those articles by a surcharge for purposes of the Union.

Article 272 – Taxes which are levied and collected by the Union and may be distributed
between the Union and the States.

Article 273 – Grants in Lieu of export duty on Jute and Jute Products (Granted to the
States of Assam, Bihar, Orissa and West Bengal)

Article 274 – Prior recommendation of President required to Bills affecting taxation in


which States are interested.

Article 275 –Grants from the Union to certain States.

Article 276 – Taxes on professions, trades and employments.

Article 277 – Savings

Article 279 – Calculation of Net proceeds.

Article 280 – Constitution of Finance Commission

 Consists of a Chairman and four other members to be appointed by the


President.
 Term is for Five years.
 Duties include :
Distribution of net proceeds of taxes between Union and States.
Principles which should govern the Grants-in-aid o the revenues of the
States out of the Consolidated Fund of India.

Article 281 – Recommendation of the Finance Commission

Article 282 – Expenditure defrayable by the Union or a State out of its revenues.

Article 283 – Custody of Consolidated Funds, Contingency Funds and moneys credited to
the Public Accounts.

Article 284 – Custody of suitors’ deposits and other moneys received by Public servants
and courts.

 Any money received should be paid into the Public account of India or the Public
account of State as the case may be.

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Article 285 – Exemption of property of the Union from State Taxation.

 The Property of the Union shall be exempt from all taxes imposed by a State or
by any authority.

Article 286 – Restrictions as to imposition of tax on the sale or purchase of goods.

Article 287 – Exemption from taxes on electricity.

 Sale of electricity to Government consumed by the government o India or sold


to the Government of India for consumption is exempted from paying tax.

Article 288 – Exemption from taxation by States in respect of water or electricity in


certain cases.

Article 289 – Exemption of property and income of a State from Union taxation.

Article 290- Adjustment in respect of certain expenses and pensions.

Article 290A – Annual payment to certain Devaswom Funds.

 A sum of Rs.46,50,000 is charged on, and paid out of, the Consolidated Fund of
the State of Kerala every year and Rs. 13,50,000 is paid out of the Consolidated
fund of the State for the maintenance of Hindu Temples and shrines.

Article 292 – Borrowing by the government of India

Article 293 – Borrowing by States

Article 294 – Succession to property, assets, rights, liabilities and obligations in certain
cases.

Article 295 – Succession to property, assets, rights, liabilities and obligations in other
cases.

Article 296 – Property accruing by escheat or lapse or as bona vacantia

Article 297 – Things of value within territorial waters or continental shelf and resources
of the exclusive economic zone to vest in the Union.

Article 298 – Power to carry on trade, etc

Article 299 – Contracts

Article 300 – Suits and proceedings

Article 300 A – No person shall be deprived of his property except by law.

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Part XIV Services under the Union and the States

Article 308 – Interpretation (of services under the Union and the States)

Article 309- Recruitment and conditions o service of persons serving the Union or a
State.

Article 310- Tenure of office of persons serving the Union or a State.

Article 311 – Dismissal, removal or reduction in rank of persons employed in civil


capacities under the Union or a State.

 No person shall be dismissed or removed or reduced in rank except after an


inquiry in which he has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of those charges.

Article 312 – All India services

Article 312 A – Power of Parliament to vary or revoke conditions of service of officers of


certain services.

Article 313 – Transitional provisions.

Article 315 – Public Service Commissions for the Union and for the States

Article 316 – Appointment an term of Office of members.

Article 317 – Removal and suspension of a member of a Public Service Commission.

Article 318 – Power to make regulations as to conditions of service of members and Staff
of the Commission.

Article 319 – Prohibition as to the holding o offices by members of Commission on


ceasing to be such members.

Article 320 – Functions of Public Service Commissions

Article 321 – Power to extend functions of Public Service Commissions.

Article 322 – Expenses of Public Service Commissions

 The expenses of the same are charged on the Consolidated Fund of India.

Article 323 – Reports of Public Service Commissions.

Part XVIII Emergency Provisions

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Article 352 – Proclamation of emergency

Article 353 – Effect of proclamation

Article 354 – Provisions relating to distribution of revenues while a Proclamation of


Emergency is in operation.

Article 355 – Duty of the Union to protect States against external aggression and internal
disturbance

Article 356 – Provision in case of failure of constitutional machinery in States.

Article 357 – Exercise of Legislative powers under Proclamation issued under Article 356.

Article 358 – Suspension of provisions of Article19 during emergencies.

Article 359 – Suspension of the enforcement of the rights conferred by Part III during
emergencies.

Article 360 – Provisions as to financial emergency.

Art 361 – Protection of President and Governors

 The President & Governors shall not be answerable to any Court nor any
criminal proceedings shall be instituted or continued against them in any
court during his term in office.

Article 361 A – Protection of Publication of proceedings of Parliament and State


Legislature.

 No person would be responsible for any publication he published in a


newspaper a true report of proceedings of the house.

Article 361 B – Disqualification for appointment or remunerative Political Post.

Article 362 – Rights and Privileges of rulers of Indian states. (Repealed by constitution
(26th amendment) Act , 1971 w.e.f 28-12-1971

Article 363 – Bar to interference by courts in disputes arising out of certain treaties,
agreements etc.

Article 363 A- Recognition granted to rulers of Indian states to cease and privy purses to
be abolished.

Article 364 – Special provisions as to major ports and aerodromes.

Article 365 – Effect of failure to comply with, or to give effect to, directions given by the

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Union.

Article 366 – Definitions - Ango-Indian: A person whose father or any of whose


other male progenitors in the male heir is or was a European descent who is domiciled in
India.

Article 367 – Interpretation - The general clauses Act 1897, shall, subject to any
adaptation & modifications that may be made herein under Article 372 apply for
interpretation of the constitution.

Part XX Amendment of the Constitution


Article 368 – Power of parliament to amend the constitution and procedure.
 A majority of not less than Two-thirds of the members of a House present
and voting is required to pass a Bill amending the constitution.
 If the amendment seeks to make any change in
 Article 54, 55, 73, 162 or 241
 Chapter IV of Part V
 Chapter V of Part VI or
 Chapter I of Part XI or
 Any list in Seventh Schedule or
 Representation of States in Parliament or
 The provisions of this article is required to be ratified by the Legislatures
of not less that ½ of the States.

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