☀"Articles 168 to 212 in Part VI" of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the STATE LEGISLATURE.
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🔰A Special Provisions for Some States🔰
🌸Articles 371 to 371-J in Part XXI of the constitution contain special provisions for 12 states viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
371. Maharashtra and Gujarat.
371A. Nagaland
371B. Assam
371C. Manipur
371D. Andhra Pradesh or Telangana
371E. Establishment of Central University in Andhra Pradesh
371F. Sikkim
371G. Mizoram
371H. Arunachal Pradesh
371-I. Goa
371J. Karnataka
☘A person cannot be a member of both Houses of Parliament at the same time.
🌻Thus, the Representation of People Act (1951) provides for the following:
(a) If a person is elected to "both the Houses of Parliament", he must intimate "within 10 days" in which House he desires to serve. In default of such intimation, "his seat in the Rajya Sabha becomes vacant".
(b) If "a sitting member of one House" is also elected to the other House, his "seat in the first House becomes vacant".
(c) If a person is elected to "two seats in a House", he should exercise his option for one. Otherwise, "both seats become vacant."
(d) A person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant "if he does not resign his seat in the state legislature within 14 days."
🔆The Constitution refers to the budget as the ‘annual financial statement’.
🔆In other words, the term ‘budget’ has nowhere been used in the Constitution. It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution.
🔰Prorogation🔰
🌸The presiding officer (Speaker/Chairman) declares the House "adjourned sine die" , when the business of a session is completed.
🌸Within the next few days, "the President" issues a notification for prorogation of the session.
However, the President can also prorogue the House while in session.
🔰Adjournment🔰
🌼A session of Parliament consists of many meetings.
🌼Each meeting of a day consists of two sittings, that is, a morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
🌼A sitting of Parliament can be
terminated by adjournment or adjournment sine die or prorogation or dissolution (in the case of the Lok Sabha).
🌼An adjournment suspends the
work in a sitting for a specified time, which may be hours, days or weeks.
🍀The Speaker of Lok Sabha has 'two' special powers which are 'not' enjoyed by the Chairman of Rajya Sabha:
1. The Speaker decides whether a bill is a money bill or not and his decision on this question is final.
2. The Speaker presides over a joint sitting of two Houses of Parliament.
🌼The Constitution (Article 143) authorises "the president to seek the opinion of the Supreme Court" in the 2 categories of matters:
(a) On any question of law or fact of public importance which has arisen or which is likely to arise.(opinion optional by SC).
(b) On any dispute arising out of any pre-constitution treaty, agreement,
covenant, engagement, sanador other similar instruments.(opinion compulsory by SC).
⚜In the 1st case, the Supreme Court "may tender or may refuse to tender" its opinion to the president.
⚜But, in the 2nd case, the Supreme Court "must" tender its opinion to the president.
⚜In both the cases, the opinion expressed by the Supreme Court is "only advisory and not a judicial pronouncement". Hence, it is "not binding on the president"; he "may follow or may not follow the opinion."
⚜However, it facilitates the government to have an authoritative legal opinion on a matter to be decided by it.
🌻The Constitution (Article 149) authorises the Parliament to prescribe the duties and powers of the CAG in relation to the accounts of the Union and of the states and of any other authority or body.
🌻Accordingly, the Parliament enacted the CAG’s (Duties, Powers and Conditions of Service) act, 1971. This Act was amended in 1976 to separate accounts from audit in the Central government.
🌸The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
🌸In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights).
◾Article 21 - declares that no person shall be deprived of his life or personal liberty "except according to procedure established by law".
◾This right is available to both citizens and non-citizens.
🍀Article 31-C is an exception to Article 14.
🍀It provides that the laws made by the state for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14.
🍀The Supreme Court held that "where Article 31-C comes in, Article 14 goes out”.
🌺In 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after the World War II.
🔆The Cripps Proposals were rejected by the Muslim League which wanted India to be divided into two autonomous states with
two separate Constituent Assemblies.
🌸After three years in 1938, "Jawaharlal Nehru", on behalf the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’.
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🔰DEMAND FOR A CONSTITUENT ASSEMBLY🔰
🌼In 1934 - the idea of a Constituent Assembly for India was put forward for the "first time" by "M. N. Roy, a pioneer of communist movement in India".
🔆"Articles 214 to 231 in Part VI" of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the HIGH COURTS.
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🌺Though the Swaran Singh Committee suggested the incorporation of 8 Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included 10 Fundamental Duties.
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🌸Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure.
🌸However, the Constitution uses the term ‘financial bill’ in a technical sense.
🌸Financial bills are of 3 kinds:
1. Money bills—Article 110
2. Financial bills (I)—Article 117 (1)
3. Financial bills (II)—Article 117 (3)
🌼Public bill - Its introduction in the House requires 7 days’ notice.
🌼Private bill - Its introduction in the House requires 1 month’s notice.
🔰Adjournment Sine Die🔰
◾Adjournment sine die means terminating a sitting of Parliament "for an indefinite period". In other words, when the House is adjourned "without naming a day for reassembly", it is called adjournment sine die.
◾The power of adjournment as well as adjournment sine die lies with "the presiding officer of the House." He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.
📝The leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977.
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🌼Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a 'Federation of States’.
🌼This provision deals with 2 things:
1. Name of the country, and 2. Type of polity.
📝The CAG submits 3 audit reports to the President —
1.Audit report on appropriation accounts (ARAC),
2.Audit report on finance accounts (ARFC), and
3.Audit report on public undertakings (ARPU).
🌼The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.
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☀Article 21 A - declares that the State shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the State may determine.
☀Thus, this provision makes ONLY elementary education a Fundamental Right and NOT higher or professional education.
☀This provision was added by the 86th Constitutional Amendment Act of 2002.
☀In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
📝The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist.
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🌼Finally, a Cabinet Mission was sent to India.
🌼The Cabinet Mission consisting of three members (Lord Pethick lawrence, Sir Stafford Cripps and A V Alexander) arrived in India on March 24, 1946. The Cabinet Mission published its plan on May 16, 1946.
🌼As per the plan, it rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which more or less satisfied the Muslim League.
🌻In 1940 - the demand for Constituent Assembly was "finally accepted in principle" by the British Government in what is known as the ‘August Offer’ of 1940.
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🍀In the next year i.e. in 1935 - the Indian National Congress (INC), for the "first time", officially demanded a Constituent Assembly to frame the Constitution of India.
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🔰The Table or Order of Precedence in India🔰
🌺What is the "Table or Order of Precedence" ?
🌻Normally the dignitaries, functionaries and officials are seated in a specific order or sequence in every official meetings of the union government and state government.
🌻Every country has an "Order of Precedence" which represents the ceremonial rank of persons holding positions in a country.
🌻The position of a person in a chain of command does not always indicate functional importance, but rather ceremonial or historical significance; for example, it may determine where dignitaries are seated.
🌺What is the Table or Order of Precedence in India?
🍀The Table or Order of Precedence in India is a list of protocol in which functionaries, dignitaries and authorities of the government are listed by rank and office.
🍀The order in the Table of Precedence is meant for State and Ceremonial occasions.
🍀The order in the Table of Precedence has no application in the day-to-day business of Government.
🍀It is neither the order of succession nor it does reflect co-equal status of the separation of powers under the Constitution of India.
🍀Table of Precedence is approved by the President of India and published through the President's Secretariat containing all amendments made from time to time.
🍀In other words, in supersession of all previous notifications issued on the subject of the order of precedence, the Table with respect to the rank and precedence of the persons named therein is approved by the President of India which is published by the President's Secretariat for the general information of the State.
🍀Table of Precedence is maintained by the Ministry of Home Affairs.
🍀Table of Precedence is first issued on 26th July, 1979.
🍀Persons in the Table of Precedence will take rank in order of the number of the articles.
🍀The entries in the same article are arranged alphabetically.
🍀Those included in the same article will take precedence between or among themselves in according to date of entry into that article. i.e. the order of precedence between or among themselves is determined by the date of entry into that position/rank.
🍀However, where the dignitaries of different States and Union Territories included in the same article are present at a function outside their States or Union Territories and there is difficulty in ascertaining their dates of entry, they may be assigned precedence between or among themselves in the alphabetical order of the name of States and Union Territories concerned after those whose precedence is determined according to date of entry into that article.
🍀The Ministry of External Affairs assigns appropriate ranks to foreign dignitaries and Indian Ambassadors, High Commissioners and Ministers Plenipotentiary during their visit to India.
🍀In the table of precedence, the posts equivalent to the posts of Joint Secretaries to the Government of India are determined by the Ministry of Home Affairs.
☘There are twelve notes which are appended to the Table of Precedence for the clarifications in determining the precedence over the others mentioned in the same article.
