History
History
History
Causes for the rise of Fascism. Fascism emerged as a movement in the post-World War period, not only to meet the
challenges of the international communist movement but also to tackle the various problems that confronted Italy. The following
factors contributed to the rise of fascism in Italy.
Discontent after the Treaty of Versailles: Italy joined the Allies. In the First World War to gain territories of Turkey and
Germany but by the Treaty of Versailles, she did not get territorial gains promised by the Treaty of London.
Economic crisis: Italy suffered heavy losses in terms of life and property in the First World War. After the war, many soldiers
became unemployed. Trade and commerce were ruined, leading to large scale unemployment. There was a shortage of food
grains.
Political instability: Democracy was introduced in Italy for the first time in 1919. Elections failed to give up clear majority to a
single party. As a result, there was complete instability in the country and between 1919 and 1922 six coalition governments
were formed in Italy. The various political parties were unable to deal effectively with the problems of unemployment, strikes
and riots. This situation was fully exploited by the fascists under the leadership of Mussolini, who promised the people a strong
national government.
Class conflicts: Class conflict increased in many countries after the First World War. The real issue in most parts of
continental Europe was whether control of government and economic systems would continue in the possession of
aristocracies or would be in the hands of less privileged majorities. The common man had been promised during the war that
he would be rewarded by greater attention to his economic needs. These promises were ignored, and the common man was
embittered.
Threat of Socialism or Communism: The Bolshevik Revolution in Russia and the spread of socialist movements in Europe
alarmed many Italians, including the middle and upper classes. They feared a similar revolution could happen in Italy, leading
to the rise of Fascism as a counterforce to communism.
Failure of the League of Nations: After the First World War, the League of Nations was established to maintain peace in the
world and to prevent wars. But it proved weak and failed to achieve its aims. It failed to check the rise of dictatorships. Had it
acted well in time the ambitious plans of Mussolini would not have materialised.
Nazism. It is a totalitarian movement led by Adolf Hitler. Intense nationalism, mass appeal and dictatorial rule were the main
features of Nazism.
Humiliating Treaty of Versailles: Defeat in the First World War and the conditions imposed by the Treaty of Versailles made
the Germans feel humiliated and helpless. The terms of this treaty were greatly resented by the Germans, who eagerly looked
for an opportunity to avenge the same. These sentiments were exploited by Hitler. He openly encouraged the Germans to
consign the Treaty of Versailles into the waste paper basket, to rebuild the Empire of Germany and to recapture the lost
colonies.
Growing fear of Communism: After the Bolshevik Revolution in Russia, the Communist influence in Germany increased
considerably. Hitler warned the people that Communists of Germany would become the servants of their Russian masters and
will follow the dictates of Communists. He therefore tried to persuade the people in Germany that Nazism alone would check
the growing influence of Communism.
Economic crisis: As a result of the harsh Terms of the Treaty of Versailles, Germany had to suffer in agricultural production,
colonies, foreign investment, trade contracts, etc. Hitler promised the farmers that he would condone their debts. He won over
the Capitalist by assuring that industries would not be nationalised. The Nazis exploited the situation and assured the people
that if they would abide by Nazi ideology, their economic misery would come to an end and Germany would regain hair lost
glory.
Resurgence of Militant Nationalism: The Germans could not reconcile with the democratic parliamentary system prevailing in
their country. They preferred prestige and glory to liberty and freedom. They felt that only a strongman could restore the past
prestige of Germany and check the rising popularity of Communism. When Hitler promised them all glory, they welcomed him
with open arms.
Anti-Semitic Propaganda: The anti-Semitic propaganda carried on by Nazi party also contributed to Hitler’s popularity. The
Nazis describe the Jews as traitors who conspired with the Allies during the war and could again commit treason against
Germany. They impressed upon the Germans that they hardship was due to exploitation by the Jews who dominated German
economy. Due to this anti-Semitic propaganda, many Germans rallied behind the Nazi party.
Absence of Strong Opposition: The rise of the Nazi Party in Germany was facilitated by the absence of any strong opposition
party.
Establishment of volunteer cops: Under the Treaty of Versailles, Germany's military force was considerably reduced, and a
large number of German soldiers were thrown out of employment. Hitler roped in all these soldiers and organised them into
volunteer cops that served as the party army. They propagated the programme of the Nazi Party.
Similarity between the ideologies of fascism and Nazism. 1.To have faith in the totalitarian rule. 2.To despise democratic
political systems.3.To hold that the State is supreme, and it could suppress the fundamental rights and freedoms of the
individuals.3.To uphold one party and one leader. 4.To believe in aggressive nationalism and imperialism. 5.To regard war as
an instrument for furthering national interests.6.To uphold intensely nationalistic, anti-communist, anti-democratic rule.
Dissatisfaction with the Treaty of Versailles: Germany was humiliated by the clauses of the Treaty of Versailles. As the treaty
demanded annexation of German territories and creation of many states it sowed the seeds of bitterness and conflict. German
colonies were taken away and she was divided into two parts for the benefit of Poland. She was burdened with huge war indemnity
which she could never pay. This humiliation gave rise to a spirit of revenge and Germany started looking for an opportunity to do
away with the harsh treaty. As this was not possible without an aggressive policy and armaments, war was inevitable.
Rise of Fascism and Nazism: The rise of extreme nationalism in Italy and Germany in the form of fascism and Nazism
respectively contributed to the causes which led to the Second World War. Italy helped the Allies in the First World War with men
and money, but she did not gain anything after the war was over. Italy under Mussolini opposed the Treaty of Versailles and
demonstrated her imperialistic designs by attacking Abyssinia. Germany under Hitler wanted to re-establish the prestige of
Germany in the international field. Hitler flouted the military clauses in the Treaty of Versailles and declared rearmament, annexed
Austria, and dismembered Czechoslovakia. Thus, Mussolini and Hitler drove the countries of the world towards another World
War.
Policy of Appeasement Appeasement refers to the policy of conciliating and aggressive power at the expense of some other
country. It meant accepting the hostile demands of an aggressive nation to gain peace. Britain and France followed the policy of
appeasement towards dictatorial countries like Germany and Italy. The reasons behind this is as follows: 1.They felt that the
dictators had a real cause of grievance due to the humiliating terms of the Treaty of Versailles, and if their grievances were
removed, they would not disturb World Peace.2.They wanted to check the rising tide of communism and Russian Bolshevism.
Britain and France feared that Germany would divert towards Russian Bolshevism.3.They therefore allowed Germany to rearm
and re-militarise the Rhineland and capture Austria and Czechoslovakia.4.So without the Western countries policy of
appeasement, Fascism or Nazism could not have survived so long and would not have been able to unleash the Second World
War.
Japanese Invasion of China - Japan was determined to dominate the Far East. Japan intervened in Manchuria and also started
an undeclared war with China. Japan then joined the Rome Berlin Tokyo Axis to further its policy of expansion and conquest.
She then started occupying British and American properties in China. Britain and France followed the policy of appeasement,
thinking that the Japanese could be used to weaken China. Thus, a war was inevitable under these circumstances.
Failure of The League of Nations -The League of Nations was set up to maintain peace and prevent war. However, the League
suffered an early blow when the USA did not join the League. Even those who joined the League were not interested in the
principle of collective security. The League of Nations succeeded in allaying the threat of war in cases where the parties were
small nations. But it proved to be weak and failed in its objectives. In every crisis the League was either defied or flouted. The
coercive machinery of the League was inadequate to perform tasks given to it. The economic sanctions were of no use against
a determined aggressor. Moreover the member States were not willing to apply economic sanctions as it affected their economy.
The League failed to maintain international peace and the countries of Europe lost faith in its usefulness. Thereafter they
themselves entered into mutual political and military alliances.
Hitler’s invasion of Poland: Hitler wanted to get back the city of Danzig which was given to Poland by the Treaty of Versailles
Hitler demanded the city port of Danzig because:1.It was inhabited by the Germans 2. Besides, by occupying Danzig, he could
connect east Prussia with Germany. 3.Germany signed a non-aggression pact with Russia. Poland was accused of committing
atrocities against the Germans living there on 1st September 1939, Hitler's troops marched into Poland. In reply on 3rd September
Britain and France declared war against Germany. In this way the Second World War started.
Important Events. Entry of USA in to the War- On December 7, 1941, Japan attacked the American naval base of Pearl Harbour
in the Hawaiian islands and this incident brought America into the Second World War. The United states declared war on Japan
and other axis powers.
The defeat of Japan- On 6th August 1945, the Americans dropped an atom bomb on Hiroshima killing 84,000 people and bearing
thousands slowly dying of radiation poisoning. On 9th August 1945 they dropped one more on Nagasaki which killed 40,000 and
then Japan surrendered to the Allies.
Consequences of World War II - Defeat of the Axis Powers:The Second World War led to the overthrow of the Fascist and
Nazi dictatorship. Germany, Italy and Japan surrendered to the Allies. The Allies occupied Germany and it was divided into 4
zones namely- American zone, British zone, the French zone and the Russian zone. The American, British and French zones
were combined together to form Federal Republic of Germany. It came under the influence of the Capitalists ideology. The
Russian zone with Berlin at its capital came to be known as German Democratic Republic. It was influenced by the Communist
ideology of Russia.The American army was to occupy Japan until 1952. After that the Japanese could control their administration
by themselves. All lands captured by Japan since 1895 were taken away.
2.Cold War After the Second World War, the traditional colonial powers of Europe like England, France, Italy, Germany, Spain
and Portugal lost, their importance in the world politics as they themselves became politically, economically and militarily weak.
In their place, two super powers emerged in international politics, namely America (Capitalist country) and Russia (the Communist
country). There had been ideological differences between them. There had been mutual suspicion, hatred and tension. But this
tension did not take the form of an open armed clash. This is known as the politics of Cold War. The word Cold War was first
devised by Bernard Baruch. This was a war of words. There had been uneasy peace. Cold War is an extreme form of political
unfriendliness between the American block and Russian block. It was neither a condition of peace nor a condition of war. Thus,
bipolarism developed in international politics, meaning emergence of the Capitalist bloc and the Communist bloc. Each block
tried to form military alliances with different countries of the world, As for example- NATO Was formed between USA and many
West European countries like Canada, Britain, France, etc. To strengthen its position, Soviet Union and the socialist countries of
East Europe like Poland, Hungary. Bulgaria etc formed the Warsaw Pact. The Cold War led to various proxy wars like Korean
War, Vietnam, war, etc. The Russian leader Michael Gorbachev’s, liberal policies contributed to a large extent to relieve the world
of the Cold War tension.
3.The formation of the United Nations: The horrors of the two world wars and the failure of the League of Nations lead to a
meeting of the big 3.- Roosevelt, President of the USA, Churchill, Prime Minister of Britain and Stalin, Premiere of the USSR at
Yalta. In February 1945. They resolved to convene a conference of the representatives of all nations at San Francisco to draw
up the Charter of the United Nations. This led to the establishment of the United Nations organization on October 24, 1945.
Non-alignment means the foreign policy of those nations that have not aligned themselves with any Power Bloc but have retained
their sovereignty to make their own foreign policies. The Non Aligned nation does not align itself but actively participates in world
affairs by judging an issue on its merit.
Why did the newly independent states not join Super Bloc or Why was NAM formed? 1.Joining any of the Power Bloc would
add to the tensions between the Super Blocs- US & USSR.2. These nations had just become Independent- they wanted to keep
their freedom intact 3. They wanted to enjoy the freedom to solve their own problems-with no interference.4. These countries
needed capital and technology- they considered it worthwhile to get both these things from wherever they could without having
any strings attached to it. 5.They did not want to take part in military alliances but wanted to use their collective force to promote
peace.
In 1955 at the Bandung Conference in Indonesia NAM was formed-29 countries joined & Panchsheel was adopted by
NAM as the guide lines. Founder of Ν.Α.Μ - Nehru from India. - Tito from Yugoslavia. -Nasser from Egypt.
Objectives of N.A.M 1.Eliminate causes leading to war. 2.Settle disputes without war.3. Promote disarmament & oppose use
of nuclear weapons. 4.Strengthen UN to make it more effective and strong. 5. Protect the newly made Independent countries
from falling prey to Super Powers.5. To protect human rights and environment
Panchsheel Principles of NAM- 1. Mutual respect for each others sovereignty. 2. Mutual non aggression. 3. For mutual benefit
maintain equality. 4, Mutual non Interference. 5. Peaceful co-existence.
Role of Nehru's :1.Nehru was the founder of N.A.M under his leadership India initiated the policy of NAM was author of
Panchsheel2. He was the first one to proclaim the danger for India in joining any of the Power Blocs. He was the chief spoke
person for the neutrality of Asian & African countries during Cold war. He set up an example for the newly formed countries to
follow.3.He did not approve of any military alliances and encouraged the N.A.M not to be a part of these alliances NATO-
WARSAW pact.4.He promoted the cause of freedom of many countries of Asia- Africa where were still under foreign domination.
He was a champion of freedom.5. He guided a UN resolution calling upon member nations to pass a resolution to impose
economic and diplomatic sanctions against South Africa to force her to give up apartheid. He was a advocate of equality.6.He
was against the mad race for armament.India signed a nuclear test ban treaty in 1963.
UNITED NATION-U.N. 24th October 1945 (HQ New York) – need? 1.Devastation by World War I2. Terrible devastation by
World War II3.Formation of Two Blocs-fear-suspicion 4. Emergence of destructive weapons 5.Failure of League of Nations
6.Arms Race eco imbalance - distrust
Aims: 1.To maintain international peace and security.2.To develop friendly relations among nations.3.To achieve international
cooperation in solving international problems 4.To be a centre for harmonising the action of nations 5.Disarm, decolonise and
develop
Membership: All peace loving nations who believe in principles of UN and accept the obligation of the charter. New admissions
are made by General Assembly on recommendation of Security Council by 2/3rd majority resolution. Total Members 193 South
Sudan last entry
Organs of U.N - General Assembly Deliberative body, Legislative body- It makes recommendations - make suggestions All
members of UN are the members of General Assembly. Each country has one vote. Regular Session 3rd Tue of Sept to 3rd week
of Dec. Simple decisions taken by simple majority. Difficult decisions taken by 2/3rd majority.
Security council The Executive body: It has 15 Members. 5 permanent members USA, France, China, Russia and England.
There are 10 non-permanent members for a term of 2 years. They are elected by the General Assembly on the recommendation
of Security council. The five permanent members have a Veto Power (It's a negative vote) The members meet once a month.
Functions: 1. Maintains international peace and security2. Investigates dispute leading to war 3. Settles dispute without war4.
Imposes economic sanctions against the violater of peace5.Controls the armament 6. Takes military actions against the violater
of peace 7. Recommends to General Assembly the names for election of judges secretary. general, non permanent members of
Security council.
International Court of Justice Judicial Organ (HQ- Hague Netherland)- 15 judges - Tenure of nine years 1/3rd elected every
3 years. Each judge is from different country. They elect their President and Vice President for 3 years term.
Functions: 1. Gives legal advice to the organs of UN 2. Gives legal advice to the agencies of UN 3. Solves international disputes
on the basis of International laws, treaties and conventions 4. Codifies international law 5. Decides on the compensation to be
paid to the family of the UN personnel it injured or dead while on duty.
Agencies of UN: UNICEF - United Nation International Children's Emergency Fund.The new name is United Nations Children's
fund. (HQ-New York)
Objectives- To look after children's welfare especially in developing countries by providing them with low cost community based
service in material and child health, nutrition and immunization
Function – 1. provides funds to train health and sanitation workers, teachers - nutritionists - provides for immunization against
preventable diseases. 2. Technical supplies - paper for text books, medicines to health clinics pipes and pumps for safe drinking
water 3. effort to prevent diseases like - T.B. - Malaria - eye, skin diseases 4. sole agency for children - so it speaks on their
behalf & upholds the rights of the child 5. keep mothers & children safe in emergencies - natural calamities - epidemics
Objective to help the countries to attain highest level of health for its people. (To strengthen public health systems in developing
countries)
Function – 1. Immunization of children against deadly diseases - measles, diphtheria, T.B, polio 2. Provides safe drinking water
- adequate waste disposal. 3. Research for cure - prevention of cancer, Aids, heart diseases 4.Defines strength and purity of
medicines 5.Organizes conferences - seminars & training for health care personnel from diff countries.6. Efforts to combat
diarrheal diseases in children & to combat malaria. (both very relevant to India.)
Objective to promote peace by bringing understanding among the countries by encouraging collaboration among nations through
education, science, culture, communication.
Education: 1. Eradicates illiteracy by promoting adult education, opening night schools. 2. Lays importance to women's education
and girls education.3. Provides financial assistance for education of disabled children 4. Organises book fairs and festivals
Scientific Activities: 1. Organizes seminars, conferences of scientists of various countries and circulate journals, press,
organizes exhibitions. 2. Promotes basic research in fields like geology maths physics, oceanography. 3.Encourage study of
social studies to fight against discrimination - improve status of women - help youth solve their problems
Communication: 1. Improves quality of press-films – video 2. Assists developing countries to develop communication 3. Upholds
freedom of press
Preservation of Cultural Heritage : 1. Preserves the world heritage sites. 2. Protect world inheritance of books world of art -
rare manuscripts 3. Brings Understanding among different countries by exchange of cultural Programmes etc., like - India's
musicians, dancers, singers, artist who are sent to Europe-USA to exhibit the talents.
Quit India Movement - The growing resentment against the British government brought together various groups and classes of Indians into a
common struggle for freedom in the first half of the 20th century.This widespread discontentmrnt was channelised by the Congress under the
leadership of Mahatma Gandhi into various organised movements for Independence. It culminated in a movement calling for complete withdrawal
of the British from India or the famous Quit India Movement. Events leading to the Quit India Movement - 1. The Cripps mission 1942: With the
Japanese army rapidly advancing towards India, it became necessary for the British to break the political deadlock in India. Churchill announced
in March 1942 that Sir Stafford Cripps, a member of the War Cabinet would go to India for consultation with all the parties. The Cripps Mission
proposed the following Constitutional Reforms:India would be given a Dominion Status when the war would end.A Constituent Assembly would
be set up. It would set be setup to draft a new Constitution.There would be a federation of British India and Indian States.The Provinces would be
free to join the Indian Union.Provisions would also be made for the protection of the racial and religious minorities. 2. Japanese Threat: The war
situation was discouraging in 1942.The Japanese army had attacked Burma (Myanmar)and was marching towards Assam.Gandhiji observed,
‘The presence of British in India is an invitation to Japan to invade India. Their withdrawal removes the bait’. The Indian leaders were anxious to
save their country from the Japanese invasion but their slavery was a hindrance. Gandhiji and other leaders were convinced that this situation
called for complete independence from the British immediately.So, they decided to launch a movement calling upon the British to quit
India.’Impact of the Quit India Movement: 1.The Quit India Movement was short-lived. Its importance lay in the fact that it demonstrated the depth
that nationalist feeling had reached in the country and the great capacity for struggle and sacrifice that the people had developed. 2.It was evident
that the British would no longer find it possible to rule India against the wishes of the people.3. It was the mass uprising before attaining
independence. People from all parts of India took part in processions and demonstrations. 4. After the suppression of the Quit India Movement
the constitutional question remained dormant till the close of the War in 1945.The leaders of the National Movement where in jail and no new
leaders rose to take their place to give a new lead to the country.
Judiciary- Q. Why do we say our judiciary is 3 tiered? Each state is divided into districts. Each districts has a District Court.
Over the District Courts there is a High Court in each state and above all the High Courts there is a Supreme Court.
Why do we need a Independent judiciary?To protect our constitution, fundamental rights and democracy. Indian Judiciary is a
single integrated Judiciary it means that: 1.The Supreme Court is the apex body and controls all the other courts 2.One single
civil & criminal code throughout the country (laws of marriage and inheritance differ for all communities) 3.Cases can be appealed
in high Court from Lower Court and then to Supreme Court.
Composition One Chief Justice and 33 others judges (Number decided by Parliament) Qualifications: 1. Citizen of India 2.Less
than 65 years of age 3. Distinguished Jurist in the eyes of the President or 4. Advocate in High Court for 10 years or a judge in
the High Court for 5 years.
Appointment: Every judge of Supreme Court is appointed by President who consults the P.M and his Council of Ministers and
the judges of the Supreme Court & the High Court. (Collegium) Chief justice of India is the senior most judge of the Supreme
Court.AD Hoc: In case there is a need ad hoc judges are appointed by the Chief Justice of India with consultation with President
and the Chief Justice of the concerned High Court. A High Court judge can be appointed for temporary period
Term: Till age of 65 years-resignation to president-impeachment by Parliament. The Lok Sabha or Rajya Sabha can initiate the
process of Impeachment. Then both the houses have to support it by a majority of total membership of that house and by majority
of not less than 2/3rd of the members of the house present and voting. Then the President can remove him on grounds of
misbehavior or incapacity. Oath is given by the President of India
Salaries: Parliament decides-paid from Consolidated Fund cannot be voted upon cannot be reduced during his tenure unless
during financial emergency.
High Court :Every state in India has a High Court and at times 2 or more states share the same High Court as decided by the
parliament Every High Court has one Chief Justice and number of other judges - decided by parliament. Every state has a
number of judges different from each other. WHY?
Appointment: Of Chief Justice of High Court and other judges is done by President in consultation with PM and his council,
judges of the Supreme court and the governor of the concerned state. President can appoint additional judges (for 2 years) to
clear the arrears of work + Acting Judge when a permanent judge is absentQualification: Indian citizen+ less than 62 years of
age is he has held a judicial office for 10 yrs in Indian Territory Or advocate for 10 yrs in High Court.
Impeachment: Same as Supreme Court judges. Oath given by the Governer of the State.
Service Conditions or how the Judiciary has been kept independent of Executive & legislature:
1.Appointment of Judges: is not done by president alone. He consults the Executive & the judiciary. 2. Removal is very tough
(the process of impeachment is only complete if LS.+ RS pass resolution by 2/3rd majority separately) 3. Security of Tenure-
Supreme Court judges work till age of 65 years & High Court till age of 62 years-long tenure. 4. Salaries cant be reduced unless
financial emergency5. Freedom to announce their decisions no fear of criticism by press or public 6. Supreme Court judges cant
practice after their retirement 7. Supreme Court is free to decide on its own procedure of work and condition of service for it
employees. no interference from the Government
All the above conditions are common for High Court judges – except - H.C Judges retire at 62 yrs 2. High Court Judges
cannot practise law in the same court from where they retire. 3. High Court judges can be transferred by President from one
Court to another after consultation with Chief justice of India.
Supreme Court to give its opinion on any questions of law referred by President - but the advice is not binding
High Court- to give its opinion on any legal questions referred by Governor - not binding on the Governor
Guardian of Fundamental Rights:Both the courts SC & HC are protectors of our fundamental Rights. In case of violation of our
rights we can approach them and the Courts can issue writs to enforce the Fundamental Rights Egs of writs Habeas Corpus.
Mandamus. Prohibition. Certiorari Quo- warranto
Writs are written instructions given by the courts to enforce fundamental rights.
Judicial Review: The supreme court & High Court guard our constitution also. They both can review the laws passed by Union
or State Legislature and can declare the law null & void if It is against the constitution. Why is Judicial Review needed- 1. Our
law makers may lack wisdom and experience and may make the law for the sake of votes. 2. To protect our Fundamental Rights
Court of Record: Both the Courts are Court of Records- 1. All the judgements are recorded for evidence they are cited as
precedents by the Lower Courts so that they can give similar judgements in similar cases 2. In case anyone degrades - lessens
the dignity of the Court- he can be punished for Contempt of Court
Revisory Jurisdiction of Supreme Court - The Supreme Court is empowered to review any judgement or order made by it to
remove any mistake or error that may have crept in its judgement. (only supreme court can revise its own judgement)
Revisory Jurisdiction of High Court: High court can call a case to be revised from a subordinate court and review it. When: 1.If
it feels that the subordinate court did not have the jurisdiction for it 2. Or proper procedure was not followed. 3.Or natural justice
was not incited on
Lok Adalats - They are people's Court which provide legal services for quick justice to those who do not want to engage lawyers
or go through the legal process. Advantages: 1.Speedy and quick justice. 2.No money to be spent. 3. No bitterness in Society.
4.Less back log on the higher courts
Supreme Court:
Original Jurisdiction: When the S.C. hears the case without it being heard in lower courts & determines the dispute in the 1st
instance - it is Original Jurisdiction. Which Cases: 1. Dispute: between 2 states. 2. Between centre & State Between centre +
state versus 2State 3. When Fundamental Rights are violated 4. Transfer case from Lower Court. Transfer from High Court to
itself if it involves a question of law or it is very important.5. Interpretation of the Constitution.
Appellate Jurisdiction: When a case has been heard in the Lower Court and then appealed in the Supreme Court it is called
under Appellate Jurisdiction. Cases From H.C TO S.C as appeals:
1. Constitutional Cases: If the High Court gives a certificate that the case involves an important point of law and needs
the interpretation of Supreme Court If High Court refuses to give certificate to appeal in the higher court then Supreme
Court can grant special leave of appeal.
2. Civil Cases: If the High Court certifies that the case involves a law of greater importance.
3. Criminal Cases: If the High Court gives certificate - go to Supreme Court. If the H.C doesn't give the certificate then the
following cases can still go if: 1.f the high court has reversed the acquittal charge of the lower court and given the death
sentence. 2. If the H.C. had withdrawn a case from Subordinate Court and given death sentence.
High Court
Original Jurisdiction: When case is heard & dispute is decided in High Court in the 1ª instance - it is original
jurisdiction. Cases of Original Jurisdiction: 1. Cases relating to state revenue and its collection 2. Cases regarding
wills-divorce- marriage company law 3. Interpretation of the court 4. Violation of Fundamental Rights 5.Cases
challenging election of M.P's or M.LA
Appellate jurisdiction: means the High court has the power to accept the appeal against the decision of District court
in civil & criminal matters. In simple words it means that when the cases are heard in the lower Court and then then
appealed in the High Court it means it is Appellate Jurisdiction.
1. Civil cases: a) concerning land revenue b) Incase blatant injustice has been committed by a tribunal
2. Criminal Cases: a) If the session judge or additional session judge has given more than 7 years of jail b) If the
assistant session judge gives more than 4 years of jail c) A death sentence has to be always confirmed by the
High Court
Subordinate Courts- The courts at the district level and below are called the Subordinate courts. Every state is
divided in the number of districts and each district has a District Court. Every district has Civil court, Criminal
court & Court of Revenue. The highest court of the District is the Court of the District Judge. When the Judge
decides a civil case he is called District judge & When he decides a Criminal case he called a Sessions Judge.
Qualification: He should be an advocate of 7 years standing 2nd or an official in the Judicial service.He is
appointed by the Governor of the state who consults the judges of the high court of that state.
Term of Office: till the age of 62 years.
Board of Revenue: It is the highest authority in the field of Revenue in the State. It deals with land records and
the assessment and collect of land revenue.
Appointment - The PM is appointed by the President. The leader of the majority party in the Lok Sabha is
appointed by the by the President as the Prime Minister. In case there is no single majority party and there is a
hung Parliament then the President choose the leader of a party whom he thinks is capable of becoming the P.M.
Once the P.M is appointed then he chooses his council of ministers and gives the names to the President who
appoints them as Council of Ministers.
Qualification: To become the council of Ministers& P.M one has to be a member of Lok or Rajya Sabha. If not
then he is appointed but within 6 months has to become the member of the Lok sabha or Rajya Sabha.
Term: Normal term is 5 years. But actually they remain in office as long they have they majority support of Lok
Sabha. If any one minister loses a vote of no confidence they resign collectively
Oath of Office to Prime Minister & his Council of Ministers by the President (The Council of Minister in the Union
can have only 15% of the LokSabha)
The Council of Ministers is made up of 3 categories of Ministers-Cabinet, Minister of State, Deputy Minister
1. Cabinet Ministers make up the Cabinet which is the nucleus of Council of Ministers. They are the senior
most ministers. Hold important Independent portfolios.They are close people to the Prime Minister/take part
in Cabinet meetings/ make the policy & Programmes for the Government. The PM seeks their advice.
2. Ministers Of State -They are the 2nd category/they may or may not hold the portfolio independently P.M
may consult them/they help the Cabinet Ministers/
3. Deputy Minister- They are the junior most Ministers They assist the senior Ministers. Do not take part in
Cabinet meetings.
Council of Minister Cabinet
Council of Minister is a large body made up of 3 Cabinet is a smaller group - Senior ministers holding
categories of Minister. important and independent portfolios.
May or may not be consulted by P.M Always consulted by the P.M
Council of Minister rarely meet Cabinet meet as frequently as possible
They hold important portfolios independently while the Cabinet Ministers make the policies and the other
other categories of Ministers assist the Cabinet Ministers have to follow and agree to the policies.
ministers.
(iv) Co-ordination between Ministry &the parliament -The Ministers are law makers as well as administrators.
The policy is made by the cabinet. It is introduced in the Lok Sabha by a minister. This bill will be passed as a law
because the Council of ministers are a part of L.S (in majority party). Once the law is made it is implemented by
the cabinet minister with help of his officials &Civil servants. The cabinet minister will co-ordinate with other
ministers.
Functions of the Cabinet - Administrative – 1. Policy making 2. Implementation 3.Co-ordination of various
Ministers with each other
Legislative Function (PM& his Cabinet) - i. Initiate the Bills to make laws -the bills that are introduced by the
Cabinet ministers are called official bills ii. Plan and introduce the Amendment to Constitution iii. PM and his
Cabinet advise the President to summon and prorogue the Parliament.iv. Presidents Address -Cabinet sets the
Legislative policies in the President's Address.The President reads the President address which is written by the
PM and his Cabinet.v. The P.M-and his Cabinet advise President to issue an ordinance vi. The PM-and his Cabinet
advise the President to dissolve the LokSabha. vii. The President nominates 12 Members to RajyaSabha on the
advice of PM & his Cabinet.
Financial Function
Budget – Making: 1. The Finance minister makes the budget with advice of cabinet. The finance Minster presents
it in the LokSabha on behalf of the President. If any change is made against the wishes of the majority party then
it means it is a vote of no confidence. 2.Introduction of Money Bill can be done only by a Cabinet minister.
3.Cabinet is responsible for the Expenditure of the Legislature.
Emergency Power - President can declare a National Emergency (Only on advice of cabinet (in writing) Financial
Emergency and President's rule in a state can be declared by the President only if advise by the Prime Minister
and his Cabinet.
Position & Powers of the Prime Minister.
P.M is the architect of Council of Ministers- Chooses them/gives their names to the president/Decides the
number/decides the ranks/gives t Portfolios/shuffles the portfolios/make them resign.
Prime Ministers Position In Cabinet – 1. Prime Minister heads the Cabinet 2. He determines the composition
of Cabinet.3. He decides agenda of the cabinet meeting. 4.He presides over Cabinet meeting 5.He alone can
inform the decision taken by the Cabinet. 6.When P.M resigns all the Ministers resign but when one Minister
resigns, the other ministers don't resign. The minister is just replaced.
Prime Minister & President – 1. The president acts on the advice of the P.M – who is the real head of the Union.
2. The P.M advises the President to Summon - prorogue the parliament - dissolve the parliament. / to appoint and
dismiss the Minister to make other important appointments like governors. 3.He is a link between president and
Council of Ministers. Prime Minister tells all the important decisions taken by the cabinet to the President.
P.M and the Parliament - 1. Leader of Parliament 2.Chief spokes person of LokSabha 3.Announces and defends
the Government policies 4.Intervenes in controversial debates and brings the debate to an end.
Prime Minister is the leader of Nation – 1.The Prime Minister represents the Nation. 2.During National crisis all
support him. 3.He looks after the interest of nation in international forum. 4.He is ex officio chairman of the Niti
Aayog & atomic energy commission.
Check on the Authority of Prime Minister – 1.The PM is the leader of the majority party but he has to make
sure his ministers and his party support him.2. Opposition parties are always ready to criticize him. 3. The public
and the press are very good checks on PM'S authority.
President - President is the Union executive head. He is the Constitutional head.
A nominal head- he does everything on the advice of the P.M.& Council of Ministers He is indirectly elected by
elected members of Lok Sabha +Rajya Sabha.+all Vidhan Sabhas or the legislative assemblies.He is elected by
proportional representational by means of single transferable vote.
Reason for indirect election – 1. If he was elected directly by the people he would become a rival centre of
power to the council of Ministers. 2.Both the houses of the Parliament are likely to be dominated by one party. If
this party were to elect him then he would become a nominee of the ruling party.3. Because he is elected by the
Parliament and the States he is the representative of the whole nation.
Oath of office by chief Justice of Supreme Court. (1).In his oath he promises to protect preserve an defend the
constitution (ii) he will devote himself to the service and well being of the people of India.
Qualifications - Citizen of India, No office of profit under Govt, Minimum 35 years of age
Term is of 5 yrs. Remains in office till the new President is elected, and maximum till six months.His resignation
letter is given to Vice President. He can be removed earlier by impeachment when: 1. both the houses of the
Parliament can impeach the President by 2/3rd majorit resolution passed by both the houses of parliament voting
separately. 2.On proven misbehavior and violation of constitution.
Financial Functions- 1. Annual Budget is laid in Lok Sabha on behalf of President by Finance Minister 2.A Money
Bill needs to be approved by President before being introduced in L.S. 3.President can withdraw from Contingency
Fund for unforeseen expenditure 4. President appoints every 5 years a Finance Commission)
Judicial Function - 1.The President is not answerable to any Court for exercise of his duty. 2. No criminal case
can be initiated against him while he is the President. 3. He can grant pardon, lessen the sentence or Commute
a sentence of any person convicted for an offence. 4. He can pardon a death sentence or even change it to life
sentence.
Executive Function- 1.Administrative orders are in his name. 2.Appoints all important people Prime Minister,
Council of Minister, Governor. Attorney general Judges of Supreme Court High Court Chairman of various
Commission. 3. Control over the State during President's Rule. 4. Administration of Union Territory.
Legislative Function: 1.President's Address- The President addresses both the Houses L.S+ R.S together on
the 1st day of new session after elections, on the 1" day of the session of the new financial year. His speech-
the President's Address contains the Government's policies. It is written by Prime Minister & after the President
has read it - it is put to vote in the Parliament. It is called Motion of thanks. 2.President Summons and Prorogues
the Houses of Union Legislature on the advice of the Prime Minster and Cabinet. 3.President can dissolve the Lok
Sabha During National Emergency on advice of Prime Minister and his Cabinet. 4.Nomination of 12 members in
the Rajya Sabha on advice of Prime Minister and his Cabinet. 5.Promulgates an ordinance on the advice of the
PM. When L.S + R.S not in Session. Onc houses are back, within 6 weeks the ordinance has to be passed or null
& void.
6. All the bill to be made into laws have to be signed by the President.The President has following options
when a bill is sent to him by Parliament to make it into law. 1.He can give his assent and the bill becomes a law
or an Act. 2.He can with hold his assent once3. If the bill is passed again by the Parliament he has to say yes and
give his assent.4. Governor of a state can also send some bills from the state for presidents Approval.
Discretionary Functions – 1.When there is no majority party in the Lok Sabha then President chooses a leader
of a party whom he thinks is capable and appoints him as P.M. and asks him to prove his majority. 2. When a Bill
is passed by L.S.+ R.S. it is sent to him, he can with hold his assent. 3. When a vote of no confidence is passed
and P.M. refuses to resign and asks for dissolution of the House, the President can dismiss C of Ministers and
instead of dissolving the Lok Sabha he can ask a leader of another party to prove his majority and make a
Government (this is to avoid expenditure on a fresh election).
Emergency Powers- The President can proclaim a state of Emergency in the following circumstances.1. National
or General Emergency: Danger of foreign aggression - or civil war or war - if the peace and security of country is
threatened then President can declare this Emergency only if he has the approval in writing of Union Cabinet. 2.
Breakdown of Constitutional Machinery: If the Governor feels that a State is not being governed according to the
Constitution - he informs the president - who declares President's Rule.3. Financial Emergency: President can
declare a Financial Emergency if he feel that the Nation is financially unstable or India cannot pay its debt.
Vice President. - He is elected by elected members of LS and RS by proportional Representation by means of
Single Transferable Vote. Qualifications same as president.
Functions -1. Chairman of Rajya Sabha - the Vice President is the ex-officio chairman of the Rajya Sabha.2. He
officiates has the President if the President dies or if the President resigns or if the president is unable to do his
duty due to some reason. Oath is given by the president. Impeachment same process as of the President.No
salary paid for being the Vice President but is paid in the capacity of the Chairman of the Rajya Sabha.