Constitutional Law INDIA

Ans:  Schedule 2 of the Indian Constitution contains provisions related to the allowances, privileges, and emoluments of the President, Governors of States, Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the Supreme Court and the High Courts and the Comptroller and Auditor-General of India.

Ans: Schedule 1 of Indian Constitution 

Ans: Article 18 of Indian Constitution 

Ans: Article 17 of Indian Constitution 

Ans: Article 16 of Indian Constitution 

Ans: Article 15 of Indian Constitution 

Ans: Article 14 of Indian Constitution 

Ans: Article 118 of Indian Constitution 

Ans: Article 117 of Indian Constitution 

Ans:  Article 116 of Indian Constitution 

 Ans: Article 115 of Indian Constitution 

Ans: Article 114 of Indian Constitution 

Ans: Article 113 of Indian Constitution 

Ans: Article 112 of Indian constitution 

Ans: There are three types of emergencies in Indian Constitution:  352: Proclamation of Emergency. 356: Provisions in case of failure of constitutional machinery in State. (President's Rule).  360: Provisions as to financial emergency. 

Ans: The main parts of Indian Constitution are as follows:  legislative, Executive,  Judiciary,  States,  Amendment Process ,  Supremacy of Constitution and Ratification. 

Ans: The political parties absence from democracy makes its functioning impossible. 

Ans: The Vice President of India is elected by the members of Parliament i.e., both Loksabha and Rajyasabha.  Article 66 of the Constitution of India states the manner of election of the vice president.

Ans: There are three branches of government. These are legislative, executive and Judiciary.  The legislative makes law . The executive enforces law and Judiciary interprets and protects law. Council of minister is the executive organ of the government headed by the Prime Minister. Article 74 and 75 of the Indian Constitution provides for the Council of ministers. The council of ministers are drawn from both the houses. The council of ministers are drawn from both the houses of parliament i.e., the lok sabha and Rajya Sabha. In council of ministers,  the maximum strength can not be more than 15 percent of loksabha seats. Council of ministers are collectively responsible to the Loksabha. Council of Ministers are divided into three categories i.e., Cabinet Minister, Minister of state and Deputy Minister. Cabinet minister holds the highest position after the prime Minister. Minister of state is divided into two categories: 1. Minister of state with independent charge. 2. Min...

Ans:  The government is of two forms i.e., Unitary Government and Federal Government.  The example of Federal Form of Government is United States and India. The powers between the centre and state are divided under three heads i.e., Legislative relations,  Administrative relations and Financial relations. The legislative relations between centre and state are of two types i.e., territorial jurisdiction and subject matter jurisdiction.  Territorial jurisdiction means the law enactment in particular territory whereas subject matter jurisdiction means enactment of law related to particular subject matter. These powers are given to legislative form of government.   There are three branches of Federal government. These are legislative, executive and Judiciary.  The legislative makes law . The executive enforces law and Judiciary interprets and protects law. Council of minister is the executive organ of the government headed by the Prime Minister. Article 74...

Ans: The qualifications of High Court judges in accordance with Article 217(2) of Indian Constitution are as follows: Must be a citizen of India. Must have held a judicial office in India for at least 10 years. OR Should have been an advocate in any of the High Court for at least 10 years. Following are the qualifications required to become the judge of the Supreme Court in accordance with Article 124(2) of Indian Constitution  : He must be a citizen of India. He should have worked as a judge of a High court for atleast 5 years or, He should have worked as an advocate of High Court for atleast 10 years or, He is in the opinion of the President a distinguished Jurist.

Ans: Article 217 of Indian Constitution mentions Appointment and conditions of the office of a Judge of a High Court.  (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty two years Provided that (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the P...

Ans: Section 23 of Advocates Act, 1961 mentions about right of pre-audience:  (1) The Attorney-General of India shall have pre-audience over all other advocates. (2) Subject to the provisions of sub-section (1) means excluding section 1, the Solicitor-General of India shall have pre-audience over all other advocates. (3) Subject to the provisions of sub-sections (1) and (2), the Additional Solicitor-General of India shall have pre-audience over all other advocates. 1[(3A) Subject to the provisions of sub-sections (1), (2) and (3), the second Additional Solicitor-General of India shall have pre-audience over all other advocates.] (4) Subject to the provisions of sub-sections (1), 2[(2), (3) and (3A)], the Advocate-General of any State shall have pre-audience over all other advocates, and the right of pre-audience among Advocates-General inter se shall be determined by their respective seniority. (5) Subject as aforesaid— (i) senior advocates shall have pre-audience over other advoca...

Ans: A right of Pre-audience in court means whom will be listened first by Judge in Court. 

Ans: Article 216 of Indian Constitution mentions about Constitution of High Courts.  In accordance with this article,  every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint. There is no fixed minimum number of judges for the High Courts. It varies from Court to Court and from State to State.

Ans:  Article 215 of Indian Constitution mentions   t he h igh Courts to be courts of record. Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The same power is given to Supreme Court in Article 129 of Indian Constitution .

Ans: According to Article 214 of Indian Constitution there shall be a High Court for each state. 

Ans: 42nd Amendment . The Article 42nd of Indian Constitution mentions about living wages, etc for workers. 

  Ans : The Residuary powers of Legislation is provided under Article 248 of Indian Constitution. Residuary powers can be termed as the powers that are not mentioned in any subject of the constitution. As per the Constitution, power is not present in all three lists. That is the list of Union, the list of State and nor in the Concurrent List. The residual subject is the authority or the power to execute a new subject

Ans: 'Borrowing of states ' is one of the power of state.

Ans: Financial Emergency.  This power is given to President on the advice of Council of Ministers.  

Ans: The "Administrative Tribunals"  enumerated in Indian Constitution are provided under Article 323A of Indian Constitution.  

Ans: Dr. Bhim Rao Ambedkar was the chairman of drafting committee of Indian Constitution . Dr. Bhim Rao Ambedkar is also known as the father of Indian Constitution. 

Ans: Under Article 1, it is mentioned that India shall be the union of states.  Under Article 2, the Constitution of new states or entry is mentioned.  Under Article 3, the new states are formed and the alteration of area of current states are performed.

Ans: The power of Judicial Review is defined under Article 137 of Indian Constitution.   Article 138 mentions enlargement of jurisdiction of Supreme Court and Article 139 mentions conferment on Supreme Court of powers to issue certain writs. 

Ans: Entry 49 of state list is related to taxes on lands and buildings.  

Ans: High Court is defined under Article 366(14) of Indian Constitution whereas High Court is also mentioned from Article 214 to Article 231 of Indian Constitution. 

Ans: The right of Attorney General is provided under Article 88 of Indian Constitution.   According to Article 88 of Indian Constitution,  every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. Under Article 76(1) of Indian Constitution,  the Attorney General will be appointed by the President of India and under Article 76(4) of Indian Constitution,  the Attorney General will have the eligibility to become the Judge of Supreme Court.  

Ans: The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. 

Ans: The controller and auditor general of India brings the excesses of fund to the notice of Parliament for which supplementary grant is required. The supplementary grant is mentioned under Article 115 of Indian Constitution.  The public accounts committee examines these excesses and gives recommendations to the Parliament.   Supplementary grants are presented and passed by the Parliament before the end of financial year. 

Ans: The supplementary demand for grants is required for government expenditure over and above the amount for which parliamentary approval was already obtained during the Budget Session.

Ans: Article 31 Indian Constitution 1949 consists of two clauses. The first clause deals with the acquisition of property by the State, while the second clause deals with the compensation to be paid to the owner of the property. Clause 1 of Article 31 Indian Constitution 1949 states that no person shall be deprived of his property except by authority of law.  Clause 2 of Article 31 Indian Constitution 1949 states that when the State acquires property, it must pay compensation to the owner.  Thus,  women as a citizen of India has Right to Property as fundamental rights.

Ans: There are six fundamental rights in Indian Constitution which are as follows: 1. Right to equality (Article 14- Article 18). 2. Right to freedom ( Article 19 - Article 22). 3. Right against exploitation (Article 23 - Article 24) 4. Right to freedom of religion ( Article 25 - Article 28)  5. Cultural and educational rights (Article 29- Article 30)  6. Right to Constitutional Remedies ( Article 32- Article 35) Right to property which was a fundamental right under Article 31, was made a legal Right by Constitutional Amendment.

Ans: As per Article 93 for the speaker and deputy speaker of Lok sabha, it states that as soon as possible, the House of the People shall elect two members to serve as its Speaker and Deputy Speaker, respectively. Whenever one of those positions becomes vacant, the House shall elect a new member to fill the vacancy, as appropriate. So, both Speaker and Deputy Speaker are elected by the members of Lok Sabha.  He conducts the proceedings of the house.  The speaker of Loksabha gives resignation to Deputy Speaker whereas Deputy Speaker of Loksabha gives resignation to Speaker of Loksabha. 

Ans: The first speaker of Lok Sabha was Ganesh Vasudev Mavalankar and he died on 27th February,  1956. 

Ans: Article 338 of the Indian Constitution mentions about the powers & provisions for a national commission for the Scheduled Caste community of India. It's sub-articles consist of Article 338A for a national commission for the Scheduled Tribes and Article 338B for a national commission for Backward Classes .

Ans:  1. The President can pardon a sentence of the convict given by the court-martial or the military court. The governor does not have the power to pardon the sentence inflicted by the court-martial on the convict. 2. The President can also pardon the death sentence through commutation or in its entirety. The Governor can suspend, remit or commute the death sentence by using the pardoning powers.  3. The pardoning powers of President are granted for the cases where the convict has committed an offence against a Union law. The  pardoning powers of Governor are granted for the cases where the convict has committed an offence against a state law.  Note:  On 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence. The recent judgement regarding the Governor’s power to pardon overrides a provision in the Code of Criminal Pr...

Ans:  1. The President can pardon a sentence of the convict given by the court-martial or the military court. The governor does not have the power to pardon the sentence inflicted by the court-martial on the convict. 2. The President can also pardon the death sentence through commutation or in its entirety. The Governor can suspend, remit or commute the death sentence by using the pardoning powers.  3. The pardoning powers of President are granted for the cases where the convict has committed an offence against a Union law. The  pardoning powers of Governor are granted for the cases where the convict has committed an offence against a state law. 

Ans: Article 72 empowers the President to grant pardons, reprieves, respites or remissions of punishment.  The President can exercise these powers in all cases; ·        where the punishment or sentence is by a court martial, ·        where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; ·        Where the sentence is a sentence of death. Pardon is an act of mercy and forgiveness.

Ans: Article 161 also empowers the Governor of a State to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends, however the Governor does not have power to pardon the death sentence cases.

Ans: The term of service of vice president is 5 years. 

Ans:  When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution.

 Ans:  Article 123 deals with the ordinance making power of the President. The President has many legislative powers and this power is one of them. He promulgates an ordinance on the recommendation of the union cabinet. Keywords used:  Promulgate: Publicize  A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government.

Ans: Emergency Powers of President:  He deals with three types of emergencies given in the Indian Constitution: National Emergency (Article 352) President’s Rule (Article 356 & 365) Financial Emergency (Article 360)

Ans:  Military Powers of President He is the commander of the defence forces of India. He appoints: Chief of the Army Chief of the Navy Chief of the Air Force

Ans:  Diplomatic Powers of President International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name. He is the representative of India in international forums and affairs.

Ans: Judicial Powers of President:  Appointment of Chief Justice and Supreme Court/High Court Judges are on him He takes advice from the Supreme Court, however, the advice is not binding on him under Article 143 of Indian Constitution.  He has pardoning power: Under article 72 , he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence. Note: Pardoning powers of the president includes the following types: Pardon with the grant of pardon convicts both conviction and sentence completely absolved Commutation with this nature of the punishment of the convict can be changed. Remission reduces the term of the imprisonment Respite  awards lesser punishment than original punishment by looking at the special condition of a convict Reprieve stays the execution of the awarded sentence for a temporary period. Keywords used :  In criminal law, commutation refers to reducing or lessening a...

Ans: Following are the financial powers of  President:  To introduce the money bill, his prior recommendation is a must. He causes Union Budget to be laid before the Parliament To make a demand for grants, his recommendation is a pre-requisite Contingency Fund of India is under his control He constitutes the Finance Commission every five years.

Ans: Legislative Powers of President:  He summons or prorogues Parliament and dissolve the Lok Sabha. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock. He addresses the Indian Parliament at the commencement of the first session after every general election. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant . He nominates 12 members of the Rajya Sabha He can nominate two members to the Lok Sabha from the Anglo-Indian Community. He consults the Election Commission of India on questions of disqualifications of MPs. He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the Indian Parliament, check the linked article.) He promulgates ordinances. He lays the following reports before the Parliament: Comptroller and Auditor General Union Public Service Commission Finance Commission, etc. Keywords used:  1. Prorogue:  discontinue a sess...

Ans: Executive Powers of President For every executive action that the Indian government takes, is to be taken in his name. He may/may not make rules to simplify the transaction of business of the central government. He appoints the attorney general of India and determines his remuneration. He appoints the following people: Comptroller and Auditor General of India (CAG) Chief Election Commissioner and other Election Commissioners Chairman and members of the Union Public Service Commission. State Governors Finance Commission of India chairman and members He seeks administrative information from the Union government He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council. He appoints National Commissions of: Scheduled Castes (National Commission for Scheduled Castes ) Scheduled Tribes (National Commission for Scheduled Tribes ) Other Backward Classes (National Co...

Ans: Yes, his office can be vacant in the following ways: When the President of India completes his term of five years in the office If the President resigns by putting forward his resignation to the Vice-President of India If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed If he dies in the office If the Supreme Court declares his election invalid Note: Vice-President discharges the duties as President; if the latter’s office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President’s Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s senior-most judge, discharge the functions of the President (till new President is elected.) x

Ans: The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’ Note: Indian Constitution contains no definition of ‘violation of the constitution.’ The impeachment process of President is given in Article 61 of Indian Constitution. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.) Loksabha initiates an impeachment charges. The impeachment charges are signed by one-fourth of the members of Loksabha. The 14 days notice is given to President of India. Lok Sabha passes an impeachment charges with two third majority and sends it to Rajya Sabha. Loksabha after signing the charges passes them to Rajya Sabha for investigation.

Ans: There are a few conditions for the candidate running for the President’s elections: He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office. He should not hold any office of profit. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent. Parliament decides his emoluments, allowances and privileges. Parliament cannot diminish his emoluments and allowances during his term of office. He is given immunity from any criminal proceedings, even in respect of his personal acts. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.

Ans:  Article 58 of Indian Constitution deals with the qualifications for election as a president.  A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are: He should be an Indian Citizen His age should be a minimum of 35 years He is qualified for election as a member of the house of people.  He should not hold any office of profit under the central government, state government, or any public authority.

Ans: Any dispute related to his election is taken up by Supreme Court.  SC’s decision is final. Note: After the election of President is declared null and void, the acts done by the President in his office remain valid even after his removal.

Ans: Electoral Quota =( Total number of valid votes polled + 2) + 1. 

Ans: Proportional Representation with means of a single transferable vote. 

Ans:  Article 56 of Indian Constitution deals with the term of office of President.  Article 56 of Indian Constitution says that  (1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that- (a) the President may, by writing under his hand addressed to the Vice- President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice- President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Ans: Once President is elected, he holds office for five years. He sits in the office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election.

Ans: The following group of people is not involved in electing the President of India: Nominated Members of Rajya Sabha.  Nominated Members of State Legislative Assemblies. Members of Legislative Councils (Both elected and nominated) in bicameral legislatures. Nominated Members of union territories of Delhi and Puducherry. Keywords used :  There are 2 (two) members in Lok Sabha nominated (Anglo-Indian Community) by the President of India. Lok Sabha has 545 seats which is made up the election upto 543 elected members. The President nominates two members to the Lok Sabha from the Anglo-Indian Community and twelve members to the Rajya Sabha from among the persons who have acquired special knowledge in art, science, literature and social service.

Ans: According to Article 54 of Indian Constitution, there is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of: Lok Sabha and Rajya Sabha. Legislative Assemblies of the states (Legislative Councils have no role). Legislative Assemblies of the Union Territories of Delhi and Puducherry. The value of the vote of an MLA is given below: Value of the vote of an MLA= (Total Population of the State/ Total number of elected members in the state legislative assembly ) * 1/1000 Value of vote of MP=( Total value of votes of all MLAs of the states/ Total number of Elected Members of Parliament) Keywords used :  Legislative Assembly and Legislative Council are the two chambers of the State legislature. The Legislative Assembly is the lower house of the state legislature equivalent to Lok Sabha. On the other hand, an administrative board is known as the Legislative council or Vidh...

Ans: Executive Powers of President:  For every executive action that the Indian government takes, is to be taken in his name. He may/may not make rules to simplify the transaction of business of the central government. He appoints the attorney general of India and determines his remuneration. He appoints the following people: Comptroller and Auditor General of India (CAG). Chief Election Commissioner and other Election Commissioners. Chairman and members of the Union Public Service Commission. State Governors. Finance Commission of India chairman and members. He seeks administrative information from the Union government. He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council. He appoints National Commissions of: Scheduled Castes (Read about National Commission for Scheduled Castes in the linked article.) Scheduled Tribes Read about (National Commission for...

Ans: The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India. Article 52 says there shall be a president of India. The President is known as the first citizen of India because he/she represents our country. He is the constitutional head of the nation. All executive decisions are taken in his name.

Ans: The Prime Minister is the chairman of Planning Commission of India. In 2014, the name of Planning Commission was changed to NITI AAYOG.  The Authority of planning commission is not mentioned in Indian Constitution or any statute and it is an arm of government of India. 

Ans: Advocate General is a constitutional post and is mentioned under Article 165 of Indian Constitution.  He is the first law officer of state. The governor appoints the advocate general of state on the advice of the council of ministers of the state.. The person who is eligible to hold the office of advocate general in India must meet the following criteria: He must be an Indian Citizen. He should be eligible to be appointed as the judge of the High Court; i.e. he must meet one of the following eligibility criteria: A barrister having experience of more than 5 years. A civil servant with an experience of more than 10 years along with an experience as a servant in Zila Court for at least 3 years. A pleader over 10 years in any high court He shouldn’t be more than 62 years of age, as is the age qualification for a High Court Judge. The age limit for advocate general is 62 years whereas there is no age limit for Attorney General and Attorney General can hold the office upto 65 ...

Ans: Solicitor General is not a constitutional post of India like Attorney General of India. Attorney General of India is a constitutional post under Article 76 of Constitution of India. Solicitor General is the second law officer of the country and is  mentioned in the Law Officers (Conditions of Service) Rules, 1972. A Solicitor General has the right of pre-audience over all other advocates except Attorney General according to section 23 of advocates act, 1961. 

Ans: Article 76 deals with Attorney General for India and Attorney General is the first law officer of the country.  (1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India (2) It shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India. In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. (4) The Attorney General shall hold office during the pleasure of the President, and shall receive such remu...