Prelims tit-bits- Polity part 2

1. Emergency provisions

Taken from Wiemar constitution

A national emergency(art 352) can be proclaimed due to war, external aggression or armed rebellion not on the ground of internal disturbance)

though the proclamation of national emergence requires the approval of both the houses (special majority), lok sabha’s approval( simple majority) alone suffices for revocation

president can unilaterally revoke the proclamation of national emergency without the parliament’s approval

Discuss- differences b/w article 358 and 359 related to emergency

2. Interim budget and vote on account

Vote on account is a statement of only expenditures while the interim budget is a complete set of accounts, including both expenditure and receipts <think of it as mini budget>

Vote on account is passed every year before appropriation bill is passed <generally for 2 months >

Interim budget is passed during election years

Interim budget also contains vote on accounts <before appropriation bill of interim budget is passed>

Discuss– everything clear?? Any confusions??

3. Primacy of LS over RS

Money bill- introduced only in LS, RS can only suggest amendments that too w/i 14 days

A resolution for the discontinuation of national emergency can be passed only by LS by simple majority.

Adjournment motion and no confidence motion can be passed only in LS.

Estimates committee draws members solely from LS. It has 30 members, largest committee of parliament.

Speaker and in the absence of speaker, deputy speaker presides over joint sitting

Discuss-any other instance of primacy of LS over RS

4. Money bill v/s financial bill

Money bill (art 110) provisions related to only taxations, borrowings, expenditure etc i.e money matters only

Financial bill type A- money provisions plus other general provisions

Financial bill type B- expenditure from consolidated fund plus other provisions

Money bill can be introduced only on recommendation of president, in the LS and only by a minister (not by pvt member). RS can only suggest amendments that too w/in 14 days thus no scope of joint sitting, President can not resend the bill to the house <though he is not bound to give his consent>. Speaker certifies the bill as money bill and certification is final

Financial bill type A- just like money bill till introduction, after introduction, it’s ordinary bill i.e RS has to pass the bill and can reject it

Financial bill Type B- totally ordinary bill just that president recommends consideration of bill by both the houses <as it involves expenditure from CFI>

Note 1– All financial bills are not money bills but vice versa is true

Note 2- Finance bill and financial bills are not one and the same. What’s the difference?

5. Rajya Sabha

RS chairperson is not member of RS <VP >

Deputy chairperson is member of RS

In joint sittings when both speaker and deputy speaker are absent, deputy chairperson presides the sessions not chairperson

Term of RS is not 6 years <it’s infinite>

Term of a member of RS is 6 years while that of chairperson RS 5 years

Prelims tit-bits- Polity part 3

1. Amendment of the Constitution

Amendment bill can be introduced in either house of parliament but not in state legislature

Unlike money bill, does not require permission of president before introduction

Bill has to be passed by both the houses separately with special majority, hence no scope of joint sitting

President must give his assent to the bill<24th amendment>

For amending federal provisions ratification of half the state legislatures (29/2=15) by simple majority is required <apart from special majority in parliament eg. GST>

In states there is no role of Vidhan Parishads in ratification of amendment bills

Discuss– Different types of majorities

2. Amendment of constitution

Admission or establishment of new states (art 2) and formation of new states and alteration of areas, names etc is not considered amendment under article 368 i.e simple majority required to amend

Amendment of 2nd schedule (salary, allowances) and 5th, 6th schedule is also not considered amendment

But addition to the list of national languages and change of name of language under schedule 8 is amendment (special majority)

7th schedule (3 lists) can be amended only by special majority plus ratification by half the states

Discuss – Contrast amendment procedure in India with that in US

3. Parliamentary legislation on state list

Art. 249 : When the RS declares that it is necessary in the National Interest that Parliament make laws on State Subjects. It remains in force for one year. After 1 year it automatically goes out of force. <what’s the mechanism for RS to authorise so?>

Art. 250 : During National Emergency under art. 352. It becomes non operative 6 months after the emergency has ceased to operate

Art. 252 : If 2 or more states pass a resolution requesting the Parliament to enact laws on a matter in the State List. Now State legislature can never repeal such acts. Only parliament can repeal such acts.

Art. 253 : To give effect to any international agreement or treaty <no state or RS authorisation required>

Art. 256 : During the President’s Rule ( Art. 356) . it remains operative even after the president’s rule but state legislature can at any time repeal or alter it <contrast it with art 250 under article 352>

Discuss- what’s the mechanism to give effect to international agreements in USA? Does Indian procedure not violate standards of true federal constitution?

4. Parliamentary committees

Members are nominated to most of the ad hoc <for specific purpose> and standing committees ,round the year>

Departmental related standing committees started from 1993 and at present there are 24 such committees < 31 members i.e 21 plus 10, all nominated >

3 most imp committees, committee on estimates, Public account committee and Committee on PSUs have their members elected <read about them in detail>

Committee on estimates largest committee, 30 members, all from LS

PAC chairperson is conventionally from oppositions party, CAG reports, acts as friend, philosopher and guide

Discuss– what’s this joint committee, select committee, JPC etc and where do they come into picture?

5. Attorney General

Not debarred from private legal practice <remember Mukul Rohatgi represented Kerala bar owners against liquor prohibition>

Reference to AG can be made only by law ministry <not even by PMO>

AG has right to take part in proceedings of both the houses as well as its committees but no right to vote

Solicitor general (SG) and ASG are not constitutional posts

Discuss– Qualifications, appointment and removal procedure of AG

Prelims tit-bits- Polity part 4

1. Fundamental rights

Borrowed from American constitution

They promote political democracy while DPSPs promote social and economic democracy

Article 15,16,19,29 and 30 are available only to citizens not foreigners

Even during national emergency under article 352, article 20 and 21 cannot be suspended under article 359

Article 19 is automatically suspended during national emergency according to article 358

Discuss– fundamental rights which can be enforced against private citizens

2. Writs

Habeas Corpus– can be issued against both public authorities and private individuals

Mandamus – can not be issued against private individuals

Prohibition– can be issued only against judicial, quasi-judicial bodies not administrative bodies

Certiorari– against judicial, quasi-judicial as well as administrative bodies but not legislative and private individuals

Quo Warranto- only in case of substantive public office of permanent character not against ministerial or private office

Discuss – meaning of these terms and logic behind these provisions

3. Election of President and VP

Nominated members (be they that of RS, LS or state assemblies) don’t take part in Presidential election

All elected members of both the houses and state assembles take part in presidential election <MLCs don’t whether elected or nominated>

All members of both the houses take part in VP election <nominated plus elected but no role of states>

Proportional representation by single transferable vote

Votes of all elected members of parliament = votes of all elected members of all legislative assemblies

Discuss- ground on which VP and president can be removed from the office and procedure of removal

4. Evolution of legislature during British rule

By act of 1858, British crown directly took over the administration of India, Governor General renamed as Viceroy

GOI act of 1909, Morley-Minto reforms introduced the concept of separate electorate

GOI act of 1919, Montagu-Chelmsford reforms separated central and provincial subjects and introduced the concept of dyarchy in provinces

GOI act of 1935 created 3 lists, federal, provincial and concurrent and provided for provincial autonomy

Discuss– Names of first governor general of Bengal, governor general of India and viceroy

Discuss- With whom did residuary power rest in GOI act of 1935

5. Governors and LGs

A governor can be given responsibility of more than one state and UT

Governor is appointed and removed by president, there’s no ground mentioned for removal

CMs of state are appointed by governor while CMs of UTs are appointed by president not LG

Discuss– but Kejriwal was given oath of office by Mr. Jung. How is it possible then?

Discuss– Pleasure doctrine for removal of governor v/s AG v/s Civil servants

Prelims tit-bits- Polity part 5

1. Sources of constitution

Fundamental rights from USA
DPSP from Ireland
Liberty, equality, fraternity, republic from France
Federation with strong centre and residuary powers with centre from Canada
Emergency provisions from Weimar constitution, Germany
Justice and Fundamental duties from USSR

Discuss– Ideas borrowed from Australian and South African constitution

2. Preamble of Constitution

It is based on objective resolution drafted and moved by Pt. Nehru
3 words socialist, secular and integrity were added by 42nd amendment
Preamble is a part of constitution but not justiciable
Preamble can be amended subject to condition that no amendment is done to the basic features

Discuss- Significance and importance of preamble

3. Vidhan Parishads

Creation or abolition– Only parliament can do so by simple majority if concerned state legislature passes a resolution by special majority<2/3rd present and voting + majority of total>
Only instance where state legislature uses special majority
Minimum strength 40, maximum 1/3rd of assembly <maximum strength of assembly is 500>
It’s not coequal with assembly as-
If the bill originated in the council is rejected by assembly, it becomes dead
Bill originating in the assembly can be held back by the council for maximum 4 months <3 +1>
No provision for joint sitting

Discuss- States with bicameral legislature

Discuss- What happens if bill originating in assembly is rejected by the council

4. Devices of Parliamentary Proceedings

1st hour is question hour not zero hour
Zero hour is an indian innovation and not mentioned in the rule of procedure
Calling attention motion <call attention of minister> is also Indian innovation but mentioned in the rules of procedure
Adjournment motion is an extraordinary device to draw attention to a definite matter of urgent public importance.It involves an element of censure, thus can be moved only in LS
Motion of thanks is passed in both the houses after presidential address at the start of 1st session of every fiscal year <amendment to motion in RS is embarrassment to govt while in LS would amount to defeat of govt>

Discuss – differences b/w no confidence motion and censure motion

5. Executive

President is the head of state not the PM while PM is head of govt i.e all actions in the name of president not PM
In presidential system like US, president is both head of state and head of govt <no PM there >
President is bound by the advice of CoM though he can send back the advice for reconsideration once
President has vet power-
Absolute Veto – President refuses to give assent to the bill <private member’s bill, cabinet resigns>
Suspensive Veto – send the bill for reconsideration of house <can do it only once>
Pocket veto <Just sits on the bill, neither rejects nor ratifies

Discuss – Veto power of Indian president v/s that of of Us president

xaam.in

Prelims tit-bits- Polity (Important facts for revision)