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INDIAN CONSTITUTION Introduction

The Indian Constitution's Preamble outlines core objectives such as justice, liberty, equality, and fraternity, and can be amended under Article 368, though its basic structure cannot be altered. The Constituent Assembly, formed in 1946, played a crucial role in drafting the Constitution, which was adopted on November 26, 1949, and emphasizes a democratic, secular, and inclusive framework. Key features include a lengthy and detailed document, a federal system with unitary bias, and the inclusion of Fundamental Rights and Directive Principles of State Policy.

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0% found this document useful (0 votes)
14 views17 pages

INDIAN CONSTITUTION Introduction

The Indian Constitution's Preamble outlines core objectives such as justice, liberty, equality, and fraternity, and can be amended under Article 368, though its basic structure cannot be altered. The Constituent Assembly, formed in 1946, played a crucial role in drafting the Constitution, which was adopted on November 26, 1949, and emphasizes a democratic, secular, and inclusive framework. Key features include a lengthy and detailed document, a federal system with unitary bias, and the inclusion of Fundamental Rights and Directive Principles of State Policy.

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INDIAN CONSTITUTION

1.Objectives Enshrined in the Preamble and its Amendability

The Preamble of the Indian Constitution outlines the core objectives that guide the
functioning of the nation:

1.​ Justice (social, economic, and political): It aims to ensure fairness and equality in
society, economy, and politics.
2.​ Liberty of thought, expression, belief, faith, and worship: It guarantees fundamental
freedoms to all citizens.
3.​ Equality of status and opportunity: Ensures equal treatment and opportunities for all
citizens.
4.​ Fraternity promoting unity and integrity: Encourages a sense of brotherhood and
national unity.

Regarding amendability, the Preamble can be amended under Article 368. However, the
Supreme Court in the Kesavananda Bharati case (1973) ruled that although the Preamble
can be amended, the "basic structure" of the Constitution, like justice, democracy, and
secularism, cannot be altered.

Sure! Here's a 4-mark answer suitable for VTU regarding the role of the Constituent
Assembly in making the Indian Constitution:

2.Role of the Constituent Assembly in the Making of the Indian


Constitution

The Constituent Assembly played a vital role in drafting the Constitution of India. It was
formed in 1946 and consisted of 299 members. The key steps in its contribution were:

1.​ Formation and Composition: The Assembly was composed of representatives from
British India and princely states, tasked with framing a democratic Constitution.​

2.​ Deliberation and Drafting: The Assembly held 11 sessions over nearly 3 years,
debating and deliberating over crucial provisions like fundamental rights, the
structure of government, and justice.​
3.​ Leadership: Dr. B.R. Ambedkar chaired the Drafting Committee, with contributions
from leaders like Jawaharlal Nehru, Sardar Patel, and Maulana Azad.​

4.​ Adoption of the Constitution: On November 26, 1949, the Constitution was
adopted, coming into effect on January 26, 1950.​

In essence, the Constituent Assembly crafted a comprehensive framework for a democratic,


secular, and inclusive India, transitioning from colonial rule to an independent republic.

Sure! Here's an 8-mark answer suitable for VTU regarding the salient features of the
Indian Constitution and how it differs from other Constitutions of the world:

3.Salient Features of the Indian Constitution and its Difference from


Other Constitutions

The Indian Constitution is one of the longest and most detailed constitutions in the world,
containing provisions to ensure justice, equality, and freedom for all its citizens. Below are
the key features:

1.​ Length and Detail:​

○​ The Indian Constitution is one of the longest written constitutions, originally


containing 395 articles and 22 parts, which have since been amended
multiple times.
○​ This comprehensive nature sets it apart from many other constitutions, which
tend to be shorter and less detailed.
2.​ Federal System with Unitary Bias:​

○​ India follows a federal system of government, where power is divided


between the central government and state governments. However, it also
incorporates a unitary bias (in times of emergency, the central government
can override state authority), making it more flexible compared to many
federal systems like that of the United States.
3.​ Secular State:​

○​ The Indian Constitution declares India as a secular state, meaning there is


no official state religion, and all religions are treated equally. This is distinct
from some constitutions where a state religion exists (e.g., the Church of
England in the UK).
4.​ Parliamentary System of Government:​

○​ India follows the parliamentary system, with the Prime Minister as the head
of government and the President as the ceremonial head of state. This
system is similar to that of the UK but differs from presidential systems like
the USA, where the President holds executive power.
5.​ Fundamental Rights:​

○​ The Constitution guarantees Fundamental Rights (Part III), including the


right to equality, freedom of speech, and protection from discrimination. These
rights are justiciable, meaning they can be enforced by the courts. This
feature is more expansive and enforceable compared to some other
countries.
6.​ Directive Principles of State Policy (DPSPs):​

○​ The Indian Constitution includes Directive Principles of State Policy (Part


IV), which guide the government in establishing social and economic justice.
These principles are not enforceable in courts but provide a framework for
policy-making. Most other countries do not have such a provision.
7.​ Independent Judiciary:​

○​ The Indian judiciary is independent and has the power of judicial review,
which allows the courts to strike down unconstitutional laws. This feature
ensures the Constitution’s supremacy and the protection of rights, setting it
apart from some systems where the judiciary is less powerful.
8.​ Single Citizenship:​

○​ Unlike many federal countries, India has a system of single citizenship,


meaning all citizens of India are equally citizens of the country, not of
individual states. This is in contrast to countries like the USA, where citizens
have state and national citizenship.

4.How the Indian Constitution Differs from Other Constitutions

1.​ Federal with Unitary Bias:​

○​ The Indian Constitution combines federal features (division of powers) with


unitary features (strong central government in times of crisis), unlike the strict
federalism seen in countries like the USA.
2.​ Length and Detail:​

○​ Compared to the US Constitution, which is relatively short and concise, the


Indian Constitution is much longer and more detailed, reflecting the country’s
diversity and the need for a comprehensive legal framework.
3.​ Secularism and Social Justice:​

○​ India's commitment to secularism and its emphasis on social justice (through


Directive Principles of State Policy) distinguishes it from other nations. For
instance, the UK Constitution recognizes the Church of England, while India
has no official religion.
4.​ Parliamentary vs. Presidential System:​

○​ India follows a parliamentary system like the UK, where the executive is
drawn from the legislature, in contrast to the presidential system of the
USA, where the President is directly elected and holds substantial executive
power.
5.​ Fundamental Rights and DPSPs:​

○​ While many countries have similar fundamental rights, India pairs them with
Directive Principles of State Policy that provide a framework for social
welfare, unlike the US Constitution, which focuses mainly on rights without
such guiding principles.

In summary, the Indian Constitution combines the best of both worlds: federalism with a
strong central government, detailed provisions for justice, secularism, and a unique system
of Directive Principles aimed at social and economic transformation. It balances tradition
and modernity, making it distinct from other constitutions globally.

5.Salient Features of the Constitution of India

The Indian Constitution is unique and designed to address India’s diversity. Its salient
features are:

1.​ Lengthy and Detailed Document:​

○​ The Indian Constitution is one of the longest written constitutions, consisting


of 395 articles and 22 parts (with subsequent amendments).
2.​ Federal System with Unitary Bias:​

○​ It establishes a federal structure of government, where power is divided


between the central and state governments, but it leans towards a unitary
system, allowing the central government to have overriding authority in times
of crisis.
3.​ Secular State:​

○​ India is a secular state, meaning there is no official religion, and all religions
are treated equally under the law.
4.​ Fundamental Rights and Directive Principles:​

○​ The Constitution guarantees Fundamental Rights (Part III) to all citizens,


ensuring equality, freedom, and justice. It also includes Directive Principles
of State Policy (Part IV) that guide the government in promoting social and
economic welfare.
In summary, the Constitution of India provides a comprehensive framework ensuring justice,
equality, and democracy while balancing federal and unitary features, making it a unique
document globally.

6.Fundamental Rights: Definition and Classification

Fundamental Rights are the basic human rights that are guaranteed by the Constitution
of India to ensure individual liberty, equality, and protection from discrimination. These rights
are enshrined in Part III of the Indian Constitution (Articles 12-35) and are justiciable,
meaning they can be enforced by the courts. The purpose of these rights is to protect the
dignity of the individual and promote social justice.

Classification of Fundamental Rights:

The Fundamental Rights in India are classified into six categories:

1.​ Right to Equality (Articles 14-18):​

○​ Article 14 ensures equality before the law and equal protection of the laws.
○​ Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth.
○​ Article 16 ensures equality of opportunity in matters of public employment.
○​ Article 17 abolishes untouchability, making it an offense.
○​ Article 18 abolishes titles, except those conferred by the military or academic
institutions.
2.​ Right to Freedom (Articles 19-22):​

○​ Article 19 guarantees six freedoms:


■​ Freedom of speech and expression, assembly, association,
movement, residence, and profession.
○​ Article 20 provides protection against ex post facto laws, double jeopardy,
and self-incrimination.
○​ Article 21 ensures protection of life and personal liberty.
○​ Article 22 provides protection against arbitrary arrest and detention.
3.​ Right against Exploitation (Articles 23-24):​

○​ Article 23 prohibits human trafficking and forced labor.


○​ Article 24 prohibits the employment of children below the age of 14 years in
factories, mines, or other hazardous employment.
4.​ Right to Freedom of Religion (Articles 25-28):​

○​ Article 25 guarantees the freedom of conscience and the right to freely


profess, practice, and propagate religion.
○​ Article 26 allows religious denominations to manage their own affairs in
matters of religion.
○​ Article 27 ensures that no person shall be compelled to pay taxes for the
promotion of any religion.
○​ Article 28 prohibits religious instruction in state-funded educational
institutions.
5.​ Cultural and Educational Rights (Articles 29-30):​

○​ Article 29 protects the rights of minorities to conserve their language, script,


and culture.
○​ Article 30 grants minorities the right to establish and administer educational
institutions of their choice.
6.​ Right to Constitutional Remedies (Article 32):​

○​ Article 32 provides the right to move the Supreme Court to seek enforcement
of Fundamental Rights.
○​ Dr. B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution
because it empowers citizens to approach the courts if their rights are
violated.

Key Features of Fundamental Rights:

1.​ Justiciability:​

○​ Fundamental Rights are justiciable, meaning individuals can seek legal


remedies if their rights are violated by the state or any other entity.
2.​ Limitations:​

○​ These rights are not absolute and can be restricted under certain
circumstances such as during national emergencies, in the interest of
public order, or for reasonable restrictions.
3.​ Equality and Protection:​

○​ They are designed to guarantee equality, freedom, and protection from


exploitation, ensuring that the dignity of the individual is upheld.

In conclusion, Fundamental Rights are an essential feature of the Indian Constitution,


ensuring that every citizen has access to justice, equality, and liberty. They provide a strong
foundation for the democratic framework of India.

7.Difference Between Fundamental Rights and Directive Principles of


State Policy
Fundamental Rights and Directive Principles of State Policy (DPSPs) are two distinct
components of the Indian Constitution, designed to safeguard the rights of individuals and
guide the government, respectively. Below is the distinction between the two:

1.​ Nature:​

○​ Fundamental Rights (FRs) are justiciable, meaning they can be enforced in


a court of law. If violated, individuals can approach the courts for remedies
(Article 32).
○​ Directive Principles of State Policy (DPSPs) are non-justiciable and
cannot be enforced by the courts. They are intended to guide the government
in making laws and policies but cannot be challenged in courts (Article 37).
2.​ Purpose:​

○​ Fundamental Rights protect the individual's liberty, equality, and freedom


from infringement by the state or any other individual.
○​ DPSPs provide guidelines to the state for ensuring social and economic
justice, aiming for the welfare of the people.
3.​ Enforcement:​

○​ Fundamental Rights are enforceable in a court of law. Violation of these


rights can lead to legal action and the right to constitutional remedies (Article
32).
○​ DPSPs are not enforceable in courts, and the government is expected to
follow them in spirit while making laws and policies.
4.​ Scope:​

○​ Fundamental Rights have a narrow scope as they are designed to protect


individual freedoms and basic rights.
○​ DPSPs have a broader scope and focus on creating conditions for social,
economic, and cultural development of the nation.

In conclusion, Fundamental Rights are justiciable rights ensuring individual freedoms, while
Directive Principles of State Policy are non-justiciable guidelines to foster social welfare
and economic justice.

Protection Against Arrest and Detention in the Constitution of India

The Constitution of India provides specific safeguards to protect individuals from arbitrary
arrest and detention under Article 21 and Article 22.
1.​ Article 21 – Protection of Life and Personal Liberty:​

○​ Article 21 guarantees that no person shall be deprived of his life or


personal liberty except according to the procedure established by law.
This ensures that any arrest or detention must be carried out following legal
procedures, and not arbitrarily.
2.​ Article 22 – Protection Against Arbitrary Arrest and Detention:​

○​ Article 22 provides further protection by detailing the procedures for arrest


and detention.
■​ Article 22(1) ensures that no person can be arrested without being
informed of the reasons for their arrest.
■​ Article 22(2) mandates that any person arrested must be produced
before a magistrate within 24 hours of arrest, and they must be
given an opportunity to be heard.
3.​ Preventive Detention (Article 22(3)):​

○​ In certain cases of preventive detention, the government can detain a


person without trial for a limited period (3 months), but this can only be done
under specific laws and with the person’s right to challenge the detention in
court.
○​ However, preventive detention laws cannot be challenged in certain
circumstances, such as national security concerns, but the person must still
be informed of the reasons for detention.

In summary, the Indian Constitution provides protection against arbitrary arrest and
detention by ensuring legal procedures are followed and by granting the right to challenge
unlawful detentions, safeguarding individual liberty.

8.Fundamental Duties under Article 51A

Article 51A of the Indian Constitution outlines the Fundamental Duties of citizens. These
duties are incorporated to promote a sense of responsibility and moral conduct among the
citizens. The key duties include:

1.​ Respect the Constitution and follow its ideals and institutions.
2.​ Cherish and follow the noble ideals of freedom struggle.
3.​ Promote harmony and the spirit of common brotherhood among all people of India.
4.​ Preserve the rich heritage of the nation's culture.
5.​ Protect and improve the natural environment.
6.​ Develop scientific temper, humanism, and the spirit of inquiry.
7.​ Safeguard public property and avoid violence.
8.​ Provide opportunities for education to children aged 6 to 14 years.
9.​ Abide by the Constitution and respect national symbols.

These duties encourage responsible citizenship but are not justiciable (cannot be enforced
by courts).

9. Article Dealing with Amendment Procedure and Explanation

Article 368 of the Indian Constitution deals with the procedure for amendment. The
procedure for amending the Constitution is as follows:

1.​ Initiation: An amendment can be proposed either by the President of India or by a


Member of Parliament.​

2.​ Procedure:​

○​ The proposal must be passed by a simple majority in both Houses of


Parliament (Lok Sabha and Rajya Sabha).
○​ In some cases, such as amendments affecting federal structures, the
proposal must be approved by the State Legislatures.
3.​ Ratification:​

○​ Some amendments (like those related to the federal system) require


ratification by at least half of the State Legislatures.
4.​ Assent:​

○​ Once approved, the amendment is signed by the President and becomes


part of the Constitution.

10. Significance of Fundamental Duties of Citizens of India

The Fundamental Duties of citizens, listed in Article 51A, play a crucial role in
strengthening the democratic fabric and moral responsibilities of the Indian citizenry.
Their significance includes:

1.​ Encouraging Responsible Citizenship: They remind citizens of their duties toward
society, nation, and fellow individuals.
2.​ Fostering National Integration: The duties promote unity, national pride, and a
sense of brotherhood among diverse communities.
3.​ Safeguarding Public Interest: They encourage citizens to respect the
Constitution, preserve cultural heritage, and contribute to public welfare.
4.​ Balancing Rights and Duties: While Fundamental Rights empower citizens,
Fundamental Duties ensure they act responsibly in society and the state.
11. Writs Issued by the High Court

The High Court in India has the power to issue several writs under Article 226 of the
Constitution. The writs available are:

1.​ Habeas Corpus: A writ to demand a person be brought before the court, typically
used when someone is unlawfully detained.
2.​ Mandamus: A writ commanding a public authority or lower court to perform a duty it
is obligated to do.
3.​ Prohibition: A writ issued to a lower court or tribunal to prevent it from acting outside
its jurisdiction.
4.​ Certiorari: A writ issued to quash an order or decision made by a lower court or
tribunal that has acted beyond its jurisdiction or authority.

These writs protect the rights of individuals and ensure the proper functioning of authorities
and institutions.

12.Powers of the President of India

The President of India is the ceremonial head of the state and holds a significant position in
the Indian Constitution. While the President’s powers are largely discretionary and exercised
on the advice of the Council of Ministers, the office has specific executive, legislative,
judicial, diplomatic, and emergency powers.

1. Executive Powers:

●​ Head of the Executive: The President is the head of the executive branch of the
government, and all executive actions are carried out in the President's name.
●​ Appointments: The President appoints the Prime Minister, Council of Ministers,
Judges of the Supreme Court and High Courts, Governors of States, and key
officials like the Attorney General, Comptroller and Auditor General.
●​ Armed Forces: The President is the Supreme Commander of the Indian Armed
Forces, though actual control is exercised by the Prime Minister and the Defence
Minister.
●​ Pardoning Powers: The President has the power to grant pardons, reprieves,
respites, and remissions of punishment, or to commute sentences in certain cases
(Article 72).

2. Legislative Powers:

●​ Summoning and Proroguing: The President summons and prorogues sessions of


Parliament and can dissolve the Lok Sabha.
●​ Assent to Bills: A bill passed by both Houses of Parliament requires the President’s
assent to become law. The President can also withhold assent or return the bill
(except Money Bills).
●​ Ordinance Power: The President can issue ordinances when Parliament is not in
session, which have the same force as laws. However, ordinances must be approved
by Parliament within six weeks of reassembling.
●​ Nominations: The President nominates members to the Rajya Sabha and Lok
Sabha, especially from the Anglo-Indian community (now a provision subject to
abolition).

3. Judicial Powers:

●​ Appointments of Judges: The President appoints the Chief Justice and other
judges of the Supreme Court and High Courts.
●​ Judicial Review: While the President does not have direct judicial powers, the
decisions of the Supreme Court on constitutional matters are binding.
●​ Pardoning Powers: As mentioned earlier, the President can grant pardons,
reprieves, and commutations to those convicted of offenses, especially in cases
involving the death penalty.

4. Diplomatic Powers:

●​ Foreign Relations: The President represents India in international forums and has
the power to send and receive ambassadors and high commissioners. All
international treaties and agreements are made in the President's name.
●​ War and Peace: The President has the power to declare war or conclude peace
treaties, although decisions are typically made on the advice of the Prime Minister
and the Cabinet.

5. Emergency Powers:

●​ National Emergency (Article 352): The President can declare a national


emergency in case of war, external aggression, or armed rebellion, which suspends
the rights guaranteed under Article 19 and allows the central government to take
over state matters.
●​ State Emergency (President’s Rule, Article 356): The President can impose
President’s Rule in any state if the government in the state is unable to function
according to the provisions of the Constitution.
●​ Financial Emergency (Article 360): The President can declare a financial
emergency if the financial stability or credit of India or any part of its territory is
threatened.

6. Discretionary Powers:

●​ While the President’s powers are usually exercised on the advice of the Council of
Ministers, there are certain situations where the President may act discretionarily.
These include cases like:
○​ In the appointment of the Prime Minister when no party has a clear
majority in the Lok Sabha.
○​ Dissolving the Lok Sabha if the ruling government loses a vote of
confidence.
Conclusion:

The President of India is a key figure in the Indian political system, holding extensive
powers. While many of these powers are exercised on the advice of the Prime Minister and
the Council of Ministers, the President’s role in decision-making is crucial, especially during
emergencies or situations requiring independent judgment. The presidential powers are
balanced by the democratic principles of the Constitution, ensuring that the President acts in
harmony with the government elected by the people.

13. Jurisdiction of the Supreme Court of India

The Supreme Court of India has original, appellate, and advisory jurisdiction:

1.​ Original Jurisdiction:​

○​ The Supreme Court has the authority to hear cases directly related to
disputes between the Government of India and one or more states, or
between two or more states (Article 131).
2.​ Appellate Jurisdiction:​

○​ The Court hears appeals from lower courts in civil, criminal, and
constitutional matters. This includes appeals against judgments from High
Courts.
3.​ Advisory Jurisdiction:​

○​ The President can seek the advice of the Supreme Court on legal matters of
public importance (Article 143). Though advisory, the opinion holds significant
weight.
4.​ Other Jurisdictions:​

○​ The Court can also hear cases on fundamental rights and provide judicial
review of laws or executive actions.

14. Powers and Functions of the President of India

The President of India holds the following powers and functions:

1.​ Executive Powers:​

○​ Appoints the Prime Minister, Council of Ministers, and other officials.


○​ Appoints Judges of the Supreme Court and High Courts.
2.​ Legislative Powers:​

○​ Summons, prorogues, and dissolves Parliament.


○​ Assents to bills passed by Parliament.
3.​ Judicial Powers:​

○​ Appoints Judges and has the power of pardoning, commuting, and


granting reprieves.
4.​ Diplomatic and Military Powers:​

○​ Represents India in foreign relations, signs treaties, and is the Supreme


Commander of the Armed Forces.
5.​ Emergency Powers:​

○​ Can declare National Emergency, State Emergency, and Financial


Emergency.

15. Constitutional Remedies Right and Types of Writs

The right to constitutional remedies is enshrined under Article 32 of the Constitution,


ensuring that citizens can approach the Supreme Court for the enforcement of their
fundamental rights. The types of writs the Court can issue include:

1.​ Habeas Corpus: A writ that orders the release of a person who has been unlawfully
detained.
2.​ Mandamus: A writ directing a public authority to perform its duty.
3.​ Prohibition: A writ preventing a lower court or tribunal from acting outside its
jurisdiction.
4.​ Certiorari: A writ issued to quash the decision of a lower court or tribunal that has
acted beyond its jurisdiction.
5.​ Quo Warranto: A writ asking a person to show under what authority they hold a
public office.

16. Election Procedure of President of India

The President of India is elected through an indirect election by an Electoral College,


consisting of:

1.​ Members of Parliament (MPs): Both Lok Sabha and Rajya Sabha.
2.​ Members of State Legislative Assemblies (MLAs): Elected members of the state
assemblies.

The election process is as follows:


1.​ Proportional Representation: The election uses a system of single transferable
vote (STV).
2.​ Quota System: A candidate needs a certain number of votes to win, determined by a
formula (total votes of MPs + MLAs / 2 + 1).
3.​ Voting: MPs and MLAs cast their votes secretly using electronic voting machines.

The candidate with the highest votes wins the election.

17. Appointment and Qualification of Judges of the Supreme Court

Appointment:

●​ The President appoints the Chief Justice and other judges of the Supreme Court.
●​ The appointment is made based on the recommendations of the Prime Minister and
the Chief Justice of India.

Qualifications:

1.​ The person must be a citizen of India.


2.​ Must have been a High Court judge for at least 5 years, or an advocate in the
Supreme Court for 10 years.

Disqualifications:

●​ Must not be under the age of 65 when appointed.


●​ Cannot hold an office of profit under the government.

18. Relevance of Directive Principles of State Policy

The Directive Principles of State Policy (DPSPs), enshrined in Part IV of the Constitution,
are guidelines for the government to promote the welfare of the people. Their relevance
includes:

1.​ Social and Economic Justice: They guide the government in making policies for
the reduction of poverty and inequality.
2.​ Foundation for Lawmaking: DPSPs direct the legislature to enact laws promoting
education, health, and public welfare.
3.​ Complementary to Fundamental Rights: While fundamental rights ensure
individual freedoms, DPSPs guide the government to provide the conditions
necessary for their effective enjoyment.
4.​ Long-term National Goals: They provide a vision for a just and equitable society,
though non-justiciable.
19. Judicial Activism and Its Implications in India

Judicial Activism refers to the proactive role of the judiciary in interpreting the law and the
Constitution. Its implications in India are:

1.​ Expansion of Rights: Courts have expanded the scope of fundamental rights,
such as the right to clean environment and right to education.
2.​ Public Interest Litigations (PILs): The judiciary encourages citizens to bring public
interest issues to court, even if they are not personally affected.
3.​ Checks on Government Power: Judicial activism acts as a check on the executive
and legislature, ensuring they do not violate the Constitution.
4.​ Concerns: Critics argue that it sometimes leads to judicial overreach, where the
judiciary interferes excessively in matters better handled by the legislature or
executive.

20. Advocate-General of the State

The Advocate-General of the State is the chief legal advisor to the state government. Key
points:

1.​ Appointment: The Governor appoints the Advocate-General based on the


recommendation of the Chief Minister.
2.​ Functions:
○​ Represents the state in courts.
○​ Advises the state government on legal matters and on legislative matters.
○​ Acts as the chief counsel of the state government.

21. Jurisdiction of the Supreme Court of India

The Supreme Court of India has the following jurisdictions:

1.​ Original Jurisdiction: It has the authority to resolve disputes between the Central
Government and States or between states (Article 131).
2.​ Appellate Jurisdiction: It hears appeals from High Courts and other courts in civil,
criminal, and constitutional matters.
3.​ Advisory Jurisdiction: It can give legal opinions to the President under Article 143.
4.​ Judicial Review: The Court has the power to review laws and government actions to
ensure they comply with the Constitution.

22. Qualifications and Disqualifications of Members of the Legislative


Assembly

Qualifications:
1.​ Citizen of India.
2.​ Must be at least 25 years of age.
3.​ Should be registered as a voter in any Assembly constituency in the state.

Disqualifications:

1.​ Undischarged insolvent.


2.​ Convicted of certain offenses.
3.​ Holding an office of profit under the government.

23. National Human Rights Commission (NHRC)

The NHRC is an independent body set up to protect and promote human rights in India.

1.​ Composition: It consists of a chairperson and other members who are experts in
various fields, such as law and social issues.
2.​ Functions:
○​ Investigate violations of human rights.
○​ Recommend measures for protection and promotion of human rights.
○​ Can approach the Supreme Court in case of violations.

24. Composition and Powers of Rajya Sabha and Lok Sabha

1.​ Rajya Sabha:​

○​ The Council of States consists of 245 members (238 elected and 12


nominated).
○​ It represents the states and union territories.
○​ Functions: Passing laws, approving the budget, and holding the government
accountable.
2.​ Lok Sabha:​

○​ The House of the People consists of 545 members, elected directly by the
people.
○​ Functions: Lawmaking, approving the budget, and controlling the executive.

25. Power of Parliament with Respect to Amendments and Procedure

Article 368 outlines the procedure for amending the Constitution. Parliament has the power
to amend the Constitution, either by a simple majority or a special majority, depending on
the nature of the amendment.

●​ Amendment Process:
1.​ The Bill must be introduced in either House of Parliament.
2.​ It must be passed by a special majority.
3.​ Some amendments require ratification by states (e.g., affecting federal
structure).

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