Constitution For Sas 123
Constitution For Sas 123
Constitution For Sas 123
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.
The constitution passed by the Constituent Assembly had 395 articles and 8 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.
Article 4 – Laws made under Article 2 & 3 (provide for the amendment of the First and
the Forth Schedules)
Article 56 – President’s term is for 5 years. But he can serve for any number of terms.
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 64 – The Vice-president is the Ex-officio chairman of the counsel of States (Rajya
Sabha)
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.
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 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.
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
[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) ]
(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 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 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,
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 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 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.
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.
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.
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.
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)
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
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 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 135 – Jurisdiction and Powers of the Federal Court under existing Law to be
exercisable by the Supreme Court.
Article 139 – Conferment on the Supreme Court of power to issue certain writs.
Article 142 – Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
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 151 – Audit reports. (Audit Reports o the CAG shall be submitted to the
President/Governor for laying before Parliament/Legislative Assembly)
Article 153 – Governors of State. (There shall be a Governor for each State)
Article 156 – Term of office (Five years or during the pleasure of the President.)
Article 161 – Power of Governor to grant Pardons etc, and to suspend, remit or commute
sentences in certain cases.
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.
In FIVE states there are Two houses (Leg. Assembly and Leg. Council). A.P, Bihar,
Maharastra, Karnataka, Uttar Pradesh
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.
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.)
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.
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
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.
Article 183 – Vacation and resignation of and removal from, the offices of Chairman and
deputy 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 189 – Voting in Houses, power of Houses to act not withstanding vacancies and
quorum.
Article 193 – Penalty for sitting and voting before making oath or affirmation under
Article 188 or when not qualified or when disqualified.
Article 194 – Powers, privileges etc. of the Houses of Legislatures and of the members
and committees thereof.
Article 197 – Restriction on powers of Legislative council as to Bills other than Money
Bills.
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 209 – Regulation by Law of Procedure in the legislature of the State in relation to
financial business.
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.
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.
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 227 - Power of Superintendence over all courts by the High Courts.
Article 229 - Officers and servants and the expenses of High courts.
Article 231 - Establishment of a common High Court for two or more States.
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 237 – Application of the provisions of this Chapter to certain class or classes of
Magistrates.
Article 239 A – Creation of Local Legislatures or Council of Ministers or both for certain
Union Territories.
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.
Article 243 A – Gramsabha – It may exercise such powers and perform such functions at
the village as the Legislature of a state.
Article 243 H – Powers to impose taxes by, and Funds 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.
The Legislature of a state will make provisions with respect to the maintenance
of accounts by Panchayats.
Article 243 M – Part not to apply to certain area. It shall not apply to
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 X – Power to impose Taxes by, and funds of, the Municipalities.
Article 243 ZB – Application to Union territories - The provisions are applicable to all
Union Territories.
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 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 254 : Inconsistency between Laws made by Parliament and Laws made by the
Legislature of States.
Article 258 : Power of the Union to confer Powers etc. on States in certain areas.
Article 266 – Consolidated funds of India & Public Accounts of India and of the States.
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.
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 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.
The Property of the Union shall be exempt from all taxes imposed by a State or
by any authority.
Article 289 – Exemption of property and income of a State from Union taxation.
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 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 297 – Things of value within territorial waters or continental shelf and resources
of the exclusive economic zone to vest in the Union.
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 315 – Public Service Commissions for the Union and for the States
Article 318 – Power to make regulations as to conditions of service of members and Staff
of the Commission.
The expenses of the same are charged on the Consolidated Fund of India.
Article 355 – Duty of the Union to protect States against external aggression and internal
disturbance
Article 357 – Exercise of Legislative powers under Proclamation issued under Article 356.
Article 359 – Suspension of the enforcement of the rights conferred by Part III during
emergencies.
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 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 365 – Effect of failure to comply with, or to give effect to, directions given by the
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.