constitutional law€¦ · indian councils act, 1861 – restored legislative power taken away by...

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CONSTITUTIONAL LAW

Constitution of India – contains the principles to be followed by the state in the

governance of the country

India – federal constitution

Constitution of India – longest in world

395 articles

22 parts

12 schedules

101 amendments – till 2016

BR Ambedkar – architect of the Indian constitution

Indian Independence Act, 1947

Drafting committee of Constituent Assembly – 29 August , 1947

Adoption and Finalization of constitution – 26 November, 1947

Came into force – 26 January, 1950

26 January 1950 – Purna Swaraj declaraction

Constitution of India replaced – Government of India Act, 1935

Socialist & Secular (added) – 42nd

Amendment (1976)

42nd

Amendment a.k.a. Mini Constitution

Constitution of India follows – Parliamentary system of government

i.e. Executive is directly accountable to legislature

Article 74 – There shall be a Prime Minister

Article 52 – There shall be a President

Article 63 – There shall be a Vice-President

Article 32 – Supreme Court

Article 226 – High Court


73rd

Amendment – Panchayti Raj in Rural Areas

74th

Amendment – Municipality in Urban Areas

Article 370 – J&K

Note: Abolition of Double Government – After 1857 revolt, British Crown took control of

India from British East India Company

Indian Councils Act, 1861 – Restored legislative power taken away by Charter Act, 1833

Indian Councils Act, 1909

Known as - Morley Minto Reforms

Allowed elections for Indians

Separate electorate for Muslims

Government of India Act, 1919

After World War I - British Government opened doors for Indians

Introduction of Diarchy and Bicameralism

Government of India Act, 1936

Separation of powers between Centre and States

Indian Independence Act, 1947

Partition of India & Pakistan

Chairman of Drafting Committee – BR Ambedkar

BN Rau – 1st Indian Judge in International Court of Justice

Chairman of Constituent Assembly – Rajendra Prasad

Temporary Chairman (Provisional Chairman) – Sachidanand Sinha

Deputy Chairman – Frank Anthony


Sources of Constitution

USA

- Independence of Judiciary

- Supreme Court

- Powers of President

- Vice President as ex-officio chairman of Rajya Sabha

- President & Vice President

- Preamble

- Fundamental Rights

Russia - Fundamental Duties

France - Ideals of Liberty, Equality and Fraternity

Ireland - Directive Principles

Method of Election of President

Electoral College

Nomination of Members of Rajya Sabha by President

Independent India

1st Governor General – Lord Mountbatten

1st Indian Governor General – Rajagopalchari

1st President – Dr. Rajendra Prasad

1st Law Minister – BR Ambedkar

1st Prime Minister – Jawahar Lal Nehru

Federal – Central Government and State Government

Note: Dual Citizenship – not allowed in India

– allowed in USA


Sources of Consititution of India

Parliamentary System of Government – from UK

Rule of Law – from UK

Writs – from UK

Federalism (Centre and State) – from Canada

Advisory Jurisdiction – from Canada

Concurrent List – from Australia

Joint Session – from Australia

Amendment of Constitution – from South Africa

Emergency Provisions – from Germany

Judiciary and Supreme Court – from USA

Schedules

1st Schedule – Territories of India i.e. any change to their borders and laws used to make

that change

2nd

Schedule – Salaries of officials holding public offices i.e. Salaries of Judges, CAG,

etc.

3rd

Schedule – Oaths

4th

Schedule – Allocation of seats in Rajya Sabha

5th

Schedule – Scheduled Areas and Scheduled Tribes

6th

Schedule – Tribal Areas i.e. Assam, Meghalaya, Tripura, Mizoram

7th

Schedule – Union, State and Concurrent List

8th

Schedule – Official Languages

9th

Schedule – Certain Acts & Regulations

10th

Schedule – Anti Defection of MP’S

11th

Schedule – Panchayats i.e. Rural Areas

12th

Schedule – Municipalities i.e. Urban Areas


Article 368 – Amendment to Constitution

Kesavananda Bharti vs. State of Kerala (1973) – Basic structure of constitution cannot be

changed

42nd

Amendment – 1976

Socialist and Secular added to Constitution

Mini Constitution

Swaran Singh Committee

Union Executive – President, Vice President, Council of Ministers

Article 74 – President acts on aid and advise of Council of Ministers including PM

President – Eligibility:

35 years of age (minimum)

No office of Profit

Note: Vice President, Governor or Minister can fight for Presidential elections without

leaving their current post

Term of President – 5 years

Resignation of President – To Vice President and Vice President tells this to Speaker of

Lok Sabha

Article 52 – There shall be President of India

Power to enter into International Treaties and Agreement – Parliament

Article 60 – Oath of President

By CJI or senior-most SC Judge

Oath of President – To Preserve, Protect and Defend the Constitution

Election of President – By Electoral College


Electoral College

MP of LS and RS

MLA of States and UT

Rajendra Prasad – 1st President

Won presidential election in 1952 and 1957 (longest term as president)

Zakir Hussain (3rd

President) – Died in between

VV Giri (Vice President) – Acted as President

Note: Vice President – acts as President in absence of President

VV Giri – Resigned from Vice President

VV Giri – Only President to win elections as an independent candidate

Neelam Sanjeeva Reddy – Only President as unopposed candidate

If no President – then VP as President

If no VP – then CJI as President

If no CJI – the senior most Supreme Court Judge as President

Article 71 (1) – Supreme Court decision is final on disputes of election of President and

Vice President

Executive Head and Executive Power – President

Executive Power – Power remaining after deduction of Legislative and Judicial function

Executive Powers of President:

Military Power

Supervisory Power

Financial Power

Administrative Power

Appointment Power

Emergency Power

Note: President enjoys powers on consultation with Parliament


Council of Ministers – Appointed by President with advice of PM

President can remove – Council of Ministers, Governor, Attorney General

Formal Head of Administration – President

Executive action of Union in the name of – President

Real Head of Administration – PM

Note: President – kind of Boss or Chairman of company

PM – kind of leader like CEO of company

CEO performs all functions in name of Chairman

i.e. PM performs all functions in name of President

Disqualification or Removal of Ministers – only by President

People who give resignation to President:

Vice President

Judge of SC and HC

CAG

UPSC Chairman

Election Commissioner

Financial Statement is laid before both houses of Parliament by the President

Administrative power of President:

Note: President is not the real head of administration but all officers of union shall

inform about affairs of union to the President

Official language of Administration

Administration of supply of water between two or more states

Power to sign contract on behalf of Union

Administration of Union-Territories

Reports and Statements are laid before Parliament by President

Note: Solicitor General – not appointed by President


Appointment by President with consultation with Council of Ministers:

PM

CJI

Judges of SC and HC

Attorney General

Chief Election commissioner

Chairman of UPSC

Chairman of Finance Commission

Solicitor General – not appointed by President

Solicitor General – appointed by Central Government

Appointment by President – Extra Constitutional posts:

Vice Chancellor of Central University

Ambassador and High Commissioner (from names given by PM)

Central Vigilance Commissioner

Chairperson of NHRC

Member of Lokpal

Diplomatic Power of President

President represents India in International Affairs

Power to sign Treaties with Foreign States (but, recognized by Parliament)

Chief Election Commission

Function – Conduct free and fair elections

Term – 6 years or 65 years of age (maximum)

Resignation to – President

Oath – No

UPSC Chairman

Function – Conduct exams and appointment of services

Appointed by – President


Salaray – Rs. 90,000

Oath – No



CAG

Function - To audit all expenditures from Consolidated Fund of India



Salaray – Rs. 90,000

Oath to – President


Note: Can’t hold any government post after retirement

Emergency powers of President:

Articles – 352, 356, 360

Note: President can declare an emergency

Article 352 – National Emergency

Emergency declared by President – Emergency has to be passed by each house with

majority of total membership and not less than 2/3rd

of majority of members present and

voting in each house within 1 month after proclamation

Whole cabinet must agree to emergency and not only PM

Proclamation of Emergency is revoked when – not less than 1/10th

of total members of

Lok Sabha have given their intention to disapprove emergency

1. 1962 – China attacked India

2. 1971 – India Pakistan war

3. 1975 – Internal disturbances

Article – 20 and 21 are not suspended during even emergency (Right to Life)

Article 256 – State Emergency

President’s Rule

Note: President’s Rule – when state government cannot run the state then President’s

Rule is imposed

State Emergency – has to approved by both houses within 2 months


Article 360 – Financial Emergency

When a situation of financial stability occurs the financial emergency is imposed

Note: In India – Financial Emergency has never been imposed

During Financial Emergency – President can reduce salaries of Judges, Government

Employees, etc.

Emergencies – 3

1. Article 352 – National Emergency (War or Political Instability)

2. Article 356 – State Emergency (President’s Rule)

3. Article 360 – Financial Emergency (Financial Instability)

Legislative Powers of President

Summon both houses of Parliament

Power to dissolve Lok Sabha

Nominate 2 members to LS and 12 members to RS

Call joint-session of both houses of Parliament to resolve a deadlock

Sign bills passed by Parliament

Ordinance Power – Article 123

Ordinance – when either house is not in session

Note: Maximum gap between 2 sessions – 6 months

Maximum life of Ordinance – 6 months and 6 weeks i.e. 7 ½ months

When President sends back the bill for reconsideration then next time President has to

sign it whether the Parliament have made changes or not

s

National Bills – Assent by President

State Bills – Assent by Governor

Constitution Amendment Bills - President has to pass it in 1st time only

Money Bill – Can’t be sent back by President to the Parliament for reconsideration


Bills that require recommendation of President before introduction in Parliament:

Bill to change name and boundary of a state

Money Bill

Pocket Veto

When the President neither sign nor return the Bill

Note: Pocket Veto – only applicable to Ordinary Bills

Judicial powers of President

Disqualification of MP

Power to grant Pardon (Pardon – to remove punishment)

Reprieve – Temporary suspension of punishment

Commutation – Changing of punishment

Remission – Reduce punishment

Power of Judicial Review

Impeachment of President

Voting for removal done by MP by not less than 2/3rd

of total membership of each house

Privileges of President and Governor

Not answerable to any court

Not answerable to any court for exercise and performance of any power and duty

No criminal proceedings

No arrest or imprisonment during their term in office

Note: Civil Proceedings – may take place against President and Governor

Disputes related to election of President and Vice President

Decided by Supreme Court

Prime Minister – Selected by President from the Majority Party


De Jure – In accordance with law

De Facto – In fact

De Jure (In accordance with law) – President has power to dismiss Ministers

De Facto (In fact) – Power of dismissing ministers actually lies in hand of Prime Minister

Note: Ministers hold office during the pleasure of President

Article 74 – President on aid and advise of Council of Ministers

Ministers – not more than 15% of total members of LS

Minister – has to become member of either house within 6 months

Salaries of Ministers – 2nd

Schedule

Attorney General

1st Law Officer of Government

Hold office during pleasure of President

CAG

Controls entire financial system of Union and States

Removal – address by both houses of Parliament on ground of proved misbehavior or

incapacity

Note: Qualification of CAG and Attorney General – same as of Judge of SC

Union Executive – President, PM, Council of Ministers

State Executive – Governor, CM, State Ministers

Governor

Head of State Executive

Note: Amendment (1956) – Governor can be of two or more states


Governor

Appointed by President


No office of profit

5 years term

Powers of Governor

Executive action in name of Governor

CM is appointed by Governor

Other Ministers in State are appointed by Governor on advise of CM

Note: CM and other Ministers hold office during the Pleasure of Governor

Advocate General

1st Law Officer of State

Appointed by Governor

State Election Commissioner – Appointed by Governor

Governor – Chancellor in Universities in States

Vice-Chancellor – Appointed by Governor

District Court Judge’s Promotions – Done by Governor

Note: Governor can dissolve Legislative Assembly

Advise given to Governor by Ministers cannot be inquired into court but basis on which

advice given to Governor by Ministers can be reviewed by Judiciary

Attorney General and Chief Election Commissioner


Advocate General and State Election Commissioner

Appointed by – Governor

Legislative Powers of Governor – same as that of Legislative Powers of President


Governor – State Legislature

President – Parliament

Just like President address 1st Session of Parliament – Governor also address 1

st session

of State Legislative Assembly

Governor – Elects 1 member from Anglo-Indian community to State Legislature

Governor has to sign the Bill for sure the 2nd

time after State Legislature sends again after

reconsiderations with or without changes

Governor can reserve the Bill for consideration of President for important matters of Bill

Article 213 – Ordinance by Governor

Disqualification of members of State Legislature

Governor decides on consultation of Election Commissioner

Governor lay down reports and statements before State Legislature

Consolidated Fund of India – President (Union)

Contingency Fund of State – Governor (State)

Comptroller and Auditor General – Union (by President)

State Auditor General – State (by Governor)

Judicial Power of Governor

President consult Governor on appointment of Chief Justice of High Court of States

Rajya Sabha – Members elected by MLA of States

Lok Sabha – Members elected by people of India through voting i.e. general election

Lok Sabha (seats)

Total – 552

States – 530

UT’s – 20

Anglo Indian (by President) – 2

Rajya Sabha (seats)

Total – 250

States and UT’s – 238

Literature, Science, Art, Social Service (by President) – 12


Functions of Parliament

─ To make Laws

─ Financial control on Expenditure, Revenue, Taxes

RS minimum age – 35 years

LS minimum age – 25 years


Not a Citizen of India

Unsound Mind

Office of Profit

Note: Disqualification of MP - For 6 years plus punishment (of more than 2 years)

Punishment – 2 years

Disqualification (6+2) i.e. 8 years

Decision taken by President is final on Disqualification of MP


Note: 10th

Schedule – Grounds of Defection

If candidate joins another political party

If candidate backstabs his own political party

If independent candidate after winning elections joins any other political party

If nominated member of RS joins political party after 6 months of becoming member

Note: If 2/3rd

of members of political party join another political party or form a new

party – then those members are not disqualified on defection

Under 1st Schedule - Decision on ‘Disqualification Grounds of Defection’ by

Speaker of Lok Sabha or Chairman of Rajya Sabha is final

If disqualified person is elected – High Court can declare election void and also an

election petition can be filed in the court by disqualified candidate


Rajya Sabha

No dissolution

Permanent body

1/3rd

of its members retire after every 2 years

Lok Sabha

Can be dissolved by President

5 years term

Can be extended during emergency

3 Sessions

Budget Session – February to May

Monsoon Session – July to August

Winter Session – November to December

Note: gap between 2 sessions – maximum 6 months

President:

─ Summon either house

─ Prorogue either house

─ Dissolve House of People (LS)

Termination of house

Dissolution i.e. end of term

Prorogation i.e. to terminate the session

(done by President)

Adjournment i.e. to postpone the session to next date

(done by speaker of LS or Chairman of RS)

Speaker of Lok Sabha

Can only vote to break the tie

Deputy Speaker of Lok Sabha

Acts in absence of Speaker


Chairman of Rajya Sabha

Ex Officio – Vice President

Deputy Chairman of Rajya Sabha

When Vice President (Chairman) is absent or acting as President

Power, Privilege and Immunity of Members of Parliament and State Assembly

- Freedom of speech in Parliament

- No court proceedings against whatever said in Parliament

- No action against any member who does any act or vote in favour of anyone

under rules and regulations of Parliament

Bill

1st Reading – Introduction of bill in LS or RS by Minister or Member

Government Bill – Introduced by Minister

Private Member Bill – Introduced by Member

Standing Committee (Permanent Committee) refer the bill for examination

2nd

Reading – Consideration of bill (clause by clause)

(by – Select/Joint Committee)

3rd

Reading – Agreements in support or rejection of bill

Bill – passed or not

Then, Bill goes to other house for same procedure

If no action on bill by either house for 6 months – President takes action

Note: President Abdul Kalam returned – Prevention of Disqualification Bill

Note: Amendment Bill, 2006 to Parliament with extra-points for reconsideration

Bill was passed again in parliament by majority and resent to President and finally

President gave his assent and signed the bill and the bill was passed


Joint Session for Bill

Because of disagreement between houses

If bill is reverted by either house

Either house has not passed the bill and time has elapsed more than 6 months

Speaker of Lok Sabha – Officer of Joint Session

Constitution Amendment Bill – No Joint Session

1st Joint Session – Dowry Prohibition Bill, 1961

Money Bill

Can be introduced in only Lok Sabha first

Regulation of Tax and borrowing of money by Government

Expenditure from Consolidated Fund of India

Note: Question on whether a bill is a money bill or not – decision of Speaker of Lok

Sabha is final

Finance Bill

Money Bill + Other Matters = Finance Bill

Can be introduced in only Lok Sabha first

Note: Money Bill or Finance Bill – can’t be introduced in Rajya Sabha first

Introduced in LS only after recommendation of President

- After LS passes the money bill then it goes to RS for recommendation

- Bill is still passed whether LS accepts recommendations of RS or not

- If RS does not return back the bill even then the money bill is passed

Note: LS has more power on money bill than RS

President – Presents annual financial statement before both houses of Parliament

Budget is presented by – Finance Minister to Lok Sabha and then before Rajya Sabha

Note: Expenditure ‘charged’ on Consolidated Fund of India – no vote of Parliament is

required

Note: Other Expenditures – require vote of Parliament (Lok Sabha) for Consolidated

Fund of India


Consolidated Fund of India

Revenues by government

Loans raised by government

Money received by government

Note: no amendment for any bill regarding Consolidated Fund of India

1st General Election – 1951

1st Lok Sabha – 1952

1st Speaker of LS – Mavalankar

1st Deputy Speaker of LS – Ayyangar

16th

Speaker of LS – Sumitra Mahajan

Protem Speaker – When seat of Speaker and Deputy Speaker is vacant

Protem Speaker – Member of LS appointed by President

Lok Sabha – 5 year

Note: extended 1 year at a time (infinite time until emergency)

Quorum of LS – 1/10th

(minimum) of total members to be present to conduct meeting

Joint Session:

1. 1961 – Dowry Prohibition Bill

2. 1978 – Banking Service Commission Bill

3. 2002 – Prevention of Terrorism Bill

Adjournment – Postpone the session for next date

Sine Die – Postpone the session without next date

Prorogation – Termination of session by President

Note: Prorogation may take place any time even during the session

Dissolution – End of life of Lok Sabha

Note: After the Dissolution new-members of Lok Sabha are elected

Note: Dissolution can be done by President or on expiration of term after 5 years


Question Hour

11-12 PM

Asking and Answering the questions

Note: no Question Hour – during 1st Session of Lok Sabha

President addresses both the houses during:

General Budget presented

Saturday/Sunday or Holiday

Parliamentary Question

Asked by member of LS from concerned minister on matter of urgent public importance

Question asked to seek information on urgent matter

Calling Attention

Done by a member to call attention of minister on matter of urgent public importance

Done with permission of Speaker of Lok Sabha

Motion

Formal proposal made by member to house for purpose of decision of house on a matter

Adjournment Motion

To adjourn current business of house to discuss a matter of urgent public importance

No Confidence Motion

Government must always enjoy majority support in LS to remain in power


Zero hour

After the Question Hour

Start of Business – around 12 PM after Question Hour

Starred Question

Oral answer desired by member for starred question

Starred question is denoted by – asterisk (*)

Unstarred Question

Written answer required

Question without – asterisk (*)

Breach of Privilege

When individual or authority attack or disgrace any member of the house

Note: Breach of Privilege is an offence

Parliamentary Committees

To do work for the Parliament

1. Ad-Hoc Committees

For specific purpose

Select Committee – for one house

Joint Committee – for both houses

2. Standing Committee

Permanent Committee

Business Advisory Committee

Committee for Petitions


Committee on Estimates – 30 members

Term – 1 year term

Ministers not eligible

Estimate the budget

Committee on Public Accounts – 15 members of LS and 7 members of RS

i.e. Total = 22 members (RS + LS)

Ministers not eligible

Term – 1 year

Chairman – Member of Opposition

Function – to audit expenditure by Government

Rajya Sabha

Permanent Body

No Dissolution

1/3rd

Members – retire every 2nd

year

Term – 6 years

Quorum – 1/10th

of total members – 25 members

Total – 250 members

Chairman – Vice President

Election – Electoral College

35 years age (minimum)

Note: After winning election VP has to vacate all other posts that he holds

Vice President

No office of profit

Term – 5 years

Removal – only by members of Rajya Sabha

i.e. majority of Rajya Sabha and agreed by Lok Sabha

Holds office even after expiration until new Vice President enters the office

(same for President)

Because – there shall be a President and Vice President (always)

VP acts as President in absence of President

VP acting as President – have all powers, immunities, emoluments, allowances,

privileges of President

VP – Chairman of RS


Deputing Chairman of Rajya Sabha

Elected by members of RS

Deputy Chairman – in absence of Chairman (VP)

Vice Chairman – act in absence of Chairman and Deputy Chairman

Member of Raja Sabha

Elected by MLA of State and UT


Represent State/UT

Note: if Lok Sabha is dissolved – Rajya Sabha handles everything for the time being

Money Bills – introduced in Lok Sabha

Money Bills - not introduced in Rajya Sabha

State

1. Legislative Council – Vidhan Prishand

Members – 1/3rd

of Legislative Assembly (maximum) but not less than 40

Elected by Municipalities, Governor and Legislative Assembly

1/3 member retier after every 2nd

year – (like RS)

2. Legislative Assembly – Vidhan Sabha

Members – 500 (maximum)

Members – 60 (minimum)

- Goa and Mizoram – 40

- Sikkim – 32 (minimum)

- Delhi – 70

- UP – (Maximum)

Members – equal representation according to population (proportionate)

Duration – 5 years

Can be dissolved by – Governor

Emergency – by President (can extend 1 year at a time)


Note: Legislative Assembly (Vidhan Sabha) – same powers and functions like – Lok Sabha

Note: Legislative Council (Vidhan Parishad) – same powers and functions like – Rajya Sabha

Judiciary

High Court - Original and Appellate Jurisdiction (state)

Supreme Court – Apex Court (India)

Chief Judicial Magistrate – Head of Criminal Court within Metropolitan

Sessions Judge – District Judge

Executive Magistrate – Maintain law and order (civil judge)

Judicial Magistrate – Hear criminal cases (criminal judge)

Supreme Court

Guardian of the Constitution

Final Interpreter

Guardian of Fundamentral Rights of People

Date – 28th

January 1950 (came into being)

Replaced – Federal Court of India (in 1950)

Total Judges = 31 (30+1)

Judges of Supreme Court are appointed by – President

- SC Advocates on Record Association vs. Union of India – Second Judges Case

- SP Gupta vs. Union of India – Judges Transfer Case

President + Collegium (CJI + 4 senior most Judges of SC)

Collegium System – CJI consult name to appoint Judges with 4 Judges of SC

Note: if 2 disagree – name can’t be suggested to President (because – no plurality)

2002 – National Judicial Commission

2014 – NJAC (National Judicial Appointments Commission)

- 99th

Amendment, 2014


2015 – NJAC invalid (unconstitutional)

SC Advocates on Record vs. UOI – Collegium System (again)

Qualification – SC Judge

5 years – HC Judge

10 years – HC Advocate

Distinguished Jurist in opinion of President

Note: Retirement – 65 years of age

Impeachment – SC Judge

By – Special Majority of each house in Parliament

Grounds – Proved misbehavior or incapacity

Process – Special Majority of each house i.e. majority of total membership and majority

not less than 2/3rd

of total members present and voting

- Address to remove Judge signed by both houses

- Address presented to President in same session

Jurisdiction of Supreme Court

1. Original Jurisdiction – Article 131

State vs. State

State vs. Union

Note: Private Citizen vs. State or Private Citizen vs. Union – not an original jurisdiction

of Supreme Court (under – Ordinary Courts)

2. Writ Jurisdiction – Article 32

Writ Jurisdiction of SC – Fundamental Rights i.e. Article 32


3. Appellate Jurisdiction – Highest Court of Appeal

Cases involving – Interpretation of Constitution (Article 132)

Cases involving – Substantial Question of Law (Article 133)

Criminal Cases in which death sentence is given by HC

4. Advisory Jurisdiction – Article 143

President can ask SC for advise

5. Review Jurisdiction – Article 137

Power of SC to review judgments and orders made by it

6. Miscellaneous Jurisdiction

Appeal to Supreme Court under – Representation of people Act, Advocates Act,

Contempt of Court Act, Terrorist Act, etc.

Chief Justice of India and SC Judges

Appointed by – President (collegiums system)

Oath by – President


Removable by – President (proved misbehavior or incapacity)

Term – 65 years of age

Note: Supreme Court – Court of Record

Article 141 – Law declared by Supreme Court is binding on all courts in India


High Court

24 High Courts in India

Indian High Court Acts, 1861 – HC of Calcutta, Madras, Bombay

1st HC – Calcutta HC

Calcutta HC – earlier known as High Court of Judicature

High Court of Judicature (Calcutta HC) – at Fort William

1st Indian in Calcutta HC – Sambhunath Pandit

Appointment – HC Judge

Appointment by – President

Consultation with – CJI, Governor, CJ of HC and Collegium (HC and SC Judges)

Qualification – HC Judge

10 years – Judicial Officer

10 years – Advocate of HC for 10 years

Term – 62 years

Oath by – Governor

High Court

Court of Record

Writ Jurisdiction – Article 226

President

Appointed by – Electoral College (MP and MLA) = LS + RS

Term – 5 years

Oath – to CJI or senior most SC Judge

Removal – Impeachment

Resignation – to Vice President

Vice President

Appointed by – Electoral College (MP of RS)

Term – 5 years

Oath – to President

Removal – by MP of Rajya Sabha

Resignation – to President


Chief Justice of India




Removal – by Parliament and order signed by President

SC Judge

Appointment – President and Collegium


Removal – same as CJI

CJ of High Court

Appointment – President, Collegium and Governor

Oath – to Governor

Removal – Same as CJI


HC Judges

Appointment – President, Collegium, Governor and CJ of HC

Oath – to Governor


Removal – same as CJI

CAG


Term – 6 years or 65 years of age



Chief Election Commissioner


Term – 6 years or 65 years of age

Oath – No


UPSC Chairman



Oath – No


Attorney General



Oath – No

Note: oath taken by – President, VP, CJI, Judges, CAG

Note: no oath by – CEC, UPSC Chairman, Attorney General

Jurisdiction of HC

1. Territorial Jurisdiction – According to area

2. Original Jurisdiction – 1st time case

3. Appellate Jurisdiction – Appeal against a judgment in HC

4. Writ Jurisdiction – Article 226

5. Power of superintendence over all courts in state – Article 227

Note: Judge of HC – can’t practice in lower courts anywhere in India or any authority in

India after retirement (can only practice in SC and other HC)

Note: Judge of SC – can’t practice anywhere in India or in any authority after retirement

Question on age of Judge – Decision by President is final (after consultation with CJI)

HC – Court of Record

i.e. can punish for contempt of court

Oath of HC Judge – to Governor

Oath of SC Judge – to President

Note: removable of HC Judge = same as removal of SC judge

Article 368 – Amendment to the Constitution

1. Recognition of new state or change in name of state – Simple Majority

2. Bill or Act – Special majority

i.e. majority of total members and 2/3rd

of present and voting

3. Constitutional Amendments – Special Majority and ratification by Parliament


Note: Amendment – requires assent of President

Salary of President and SC Judge from – Consolidated Fund of India

i.e. Charged – without permission from Parliament

Note: After appointment of Judges – Powers and Privileges can’t be reduced

Official Languages

1. Union – Hindi in Devanagri Script

2. Parliament – English and Hindi

3. Supreme Court – English

constitutional law€¦ · indian councils act, 1861 – restored legislative power taken away by...

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