Tribunals

Article 323 A

  • Administrative tribunals
  • Administrative tribunals may by law adjudicate or trial disputes related to recruitment and conditions of services of Public services
  • This article empowers to establish

Article 323 B

  • Tribunals for other matters
  • Tribunals may be established on following matters
  1. levy, assessment, collection and enforcement of any tax
  2. foreign exchange, import and export across customs frontiers
  3. industrial and labour disputes
  4. land reforms
  5. ceiling on urban property
  6. rent, its regulation and control and tenancy issues

 

ELECTIONS

Article 324

  • Superintendence, direction and control of elections to be vested in an Election Commission
  • Election Commission conducts all elections to the
  • Parliament
  • Legislature of every state
  • offices of president and Vice-president
  • composition of election commission
  • Chief Election Commissioner
  • Other Election Commissioners, if any, as the president may from time to time fix
  • Appointments
  • All appointments are made on behalf of Parliament by the president
  • president may also appoint Regional Commissioners, after consultation with the Election Commission
  • Any other Election or Regional Commissioner shall be removed only on the recommendation of the Chief Election Commissioner

Article 325

  • No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion race, caste, or sex

Article 326

  • Elections to the house of the people and to the legislative assemblies of states to be on the basis of the adult suffrage
  • every person who is a citizen on India and not less than eighteen years of age is entitled to be registered as a voter
  • Grounds of disqualification
  • non-residence
  • unsoundable of mind
  • crime
  • corrupt
  • illegal practice

Article 327

  • Power of Parliament to make provision with respect to elections to legislatures
  • parliament may by law make provision to
  • preparation of electoral rolls
  • delimitation of constituencies
  • all other matters necessary to ensure, due constitution of such house or houses

Article 328

  • Power of legislature of a state to make provision with respect to elections to such legislature

Article 329

  • Bar to interference by courts in electoral matters
  • Any law relating to the delimitation of constituencies or the allotment of seats shall not be called in question in any court
  • No election to either house of parliament or either houses of the legislature of a state shall be called in question except by an election petition

 

National Commission for Scheduled Castes

Article 338

  • There shall be a Commission for the Scheduled Castes to be Known as the National Commission for the Scheduled Castes
  • Composition of Commission
  • Chairperson
  • Vice-Chairperson
  • Three other Members
  • Conditions of service and tenure of office are determined by the president by rule
  • The chairperson, Vice-president and other Members of the Commission are appointed by the president
  • The Commission has the power to regulate its own procedure
  • Duties of the Commission
  1. to investigate and monitor all matters relating to the safeguards provided for the schedule castes
  2. to inquire into specific complaints with respect to the deprivation of rights and safeguards of the schedule castes
  3. to participate and advise on the planning process of socio-economic development of the scheduled Castes
  4. to annually submit reports upon the working of the safeguards to the president

f to discharge other functions in relation to the protection, welfare and development and advancement of the Scheduled castes

  • The President lays the reports before each house of parliament with his recommendations
  • A copy of reports is forwarded to the Governor if State Government is concerned with the issue

National Commission for Scheduled Tribes

Article 338 A

  • National Commission for Scheduled Tribes
  • There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes
  • Composition of Commission
  • Chairperson
  • Vice-Chairperson
  • Three other members
  • Conditions of service and tenure of office are determined by the president by rule
  • The chairperson, Vice-Chairperson and other Members of the Commission are appointed by the president
  • Duties of Commission
  1. to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes
  2. to inquire into specific complaints with respects to the deprivation of rights and safeguards of the Scheduled
  3. to participate and advise on the planning process of socio-economic development of the schedule tribes
  4. to annually submit reports upon the working of the safeguards to the president
  5. to make recommendation to be taken by the Union or any state for effective implementation of safeguards
  6. to discharge other functions in relation to the protection, welfare and development and advancement of the scheduled tribes
  • A copy of report is forwarded to the governor if, state Government is concerned with the issue

 

Language of the Union

Article 343

  • Official language of the Union
  • Official language of the Union : Hindi in Devanagari scrip
  • Form of numerals for official purposes : international form of Indian numerals

Article 345

  • Official language or languages of a state
  • Legislature of a state may by law adopt any one or more of the languages in use in the state or Hindi as official language
  • until legislature of the state otherwise provided by law, the English language shall continue to be used for official purposes within the state

Article 346

  • Official language for communication between one state and other or between a state and the Union

Article 347

  • Special provision relating to language spoken by a section of the population of a state

Article 348

  • Language to be used in the supreme court and in the High Court and for Acts, Bills etc.
  • Until Parliament by law otherwise provides, English will be used in
  1. all proceedings in the supreme court and in every High Court
  2. the authoritative texts
  • Governor with the consent president may authorise the use of Hindi or any other language in the High Court having its principal seat in that state

 

Emergency Provisions

Article 352

  • Proclamation of Emergency
  • President may proclaim emergency if he is satisfied that a grave emergency exists whereby the security of India is threatened by
  • War
  • External aggression
  • Armed rebellion
  • Proclamation under this article is commonly termed as “National emergency”
  • President may declare emergency in respect of the whole of India or a part of territory as may be specified in the Proclamations
  • The President cannot issue or vary a Proclamation unless Union Cabinet communities such a Proclamation to him in writing
  • proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution if,
  1. Dissolution of the house of the people takes place during the period of one month
  2. Proclamation is issued at a time when the House of the People has been dissolved
  3. Resolution approving the Proclamation has been passed by the council of states but not passed by the house of the people
  • A Proclamation is valid for six months from the date of the passing of the second of the resolutions approving the Proclamation
  • Resolution are passed by either house of parliament only by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting
  • The resolution has to be given
  1. to the speaker if the house is in session
  2. to the president if the house is not in session
  • Special sitting of the house shall be held within fourteen days from the receipt of such notice by the speaker or president

Article 353

  • Effect of Proclamation of Emergency
  • While a Proclamation of Emergency is in operation
  • Emergency provisions shall also extend to any state other than a state in which proclamation of Emergency is in operation

Article 354

  • Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation

Article 355

  • It is duty of the Union to protect states against external aggression and internal disturbance

Article 356

  • Provisions in case of failure of constitutional machinery in states
  • President, on receipt of a report from the Government may proclaim, if he is satisfied that Government of the State cannot be carried n in accordance with the provisions of constitutions
  • Proclamation under this article is commonly termed as “Presidents rule” or “Constitutional emergency”
  • President may by Proclamation
  1. assume to himself all or any of the functions of the Government of the state and powers of Governor
  2. declare that the powers of the legislature of the state shall be exercised by or under the authority of parliament
  3. make provisions for suspending in whole or in part the operation of any provisions of constitution relating to any body or authority in the state
  • President cannot assume to himself any of the powers vested in or exercisable by a High Court
  • President cannot suspend in whole or in part the operation of any provision of this constitution relating to High Court
  • Proclamation ceases to operate at the expiration of two months, unless before the expiration of that period it has been approved by resolutions of both houses of parliament
  • Proclamation shall cease to operate at the expiration of thirty days from the date on which the houses of the people first sits after its reconstitution, if
  1. Dissolution of the houses of the people takes place during the period of two months
  2. Proclamations is issued at a time when the houses of the people has been dissolved
  3. Resolution approving the Proclamation has been passed by the council of states but not passed by the house of the people
  • Proclamation is valid for six months from the date of the passing of the second of the resolutions approving the proclamation
  • A resolution to continue the force of a Proclamation beyond the expiration of one year shall not be passed by either houses of parliament unless
  1. a Proclamation of Emergency is in operation, in the whole of India or any part of the state, at the time of the passing of such resolution
  2. the election commission certifies that the continuance in force of Proclamation is necessary on account of difficulties in holding general elections to the legislative assembly of the state concerned

Article 357

  • Exercise of legislative powers under proclamation issued under article 356
  • Powers of the legislature of the state are exercisable by or under the authority of parliament

Article 358

  • Suspension of provisions of article 19 during emergencies
  • Fundamental rights are suspended automatically during national emergency

Article 359

  • Enforcement of the rights conferred under Part III are Suspended during emergencies
  • Rights under article 20 and 21 are not restricted

Article 360

  • Provisions as to financial emergency
  • President may proclaim emergency, if the financial stability or credit on India or of any part of the territory threatened
  • Proclamation
  1. may be revoked or varied by a subsequent proclamation
  2. shall be laid before each house of parliament
  3. shall cease to operate at the expiration of two months if not approved by resolution of both houses of parliament
  • During the period of proclamation, the execute authority of the Union extend to give directions to any state to observe such canons of financial property
  1. any such direction may include
  2. a provision requiring the reduction of salaries and allowances of all class of persons
  3. reservations of money Bills or other for the consideration of the president
  • President may issue directions for the reduction of salaries and allowances of all or any class of persons serving in the Union including the Judges of the supreme court

PART XIX

Article 361

  • Protection of President and governors
  • President or Governor in not answerable to any court for the exercise and performance of the power and duties of his office
  • conduct of president may be brought under review by any court, tribunal or body by either house of parliament for investigation of a charge under article 61
  • criminal proceedings cannot instituted or continued against the president or government, in any court during his term of office
  • No process for the arrest or imprisonment of the president or government shall issue from any court during his  term of office
  • No civil proceedings shall be instituted, until the expiration of two months next after notice in writing has been delivered to the president or government

Article 361 A

  • Protection of publication of proceedings, of parliament and state legislatures
  • no person is liable to any proceedings, civil or criminal for publication of any true  proceedings of parliament or legislature of a state in a newspaper
  • Proceedings of a secret sitting of parliament or legislature of a state cannot be published in newspaper

Article 363 A

  • Recognition granted to Rules of Indian states to cease and privy purses to be abolished

Article 365

  • Effect of failure to comply with or to give effect to directions given by the Union
  • Where any state has failed to comply with or to give effect to any direction given in the exercise of the execute power of the Union under any of the provisions of this constitution it shall be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this constitution

 

 

Amendment of the Constitution

PART XX

Article 368

  • Power of parliament to amend the constitution and procedure there for
  • Parliament has constituent powers to amend by way of addition, variation or repeal any provision of the constitution
  • Amendment procedure

step 1: Bill for the purpose has to be introduced in either house of parliament

Bill can be introduced by a minister or a private member

Step 2: Bill has to be passed in each house by a majority of the total membership of the house

Majority to pass the bill shall not be less than two-thirds of the members of that house present and voting

In case of disagreement between the two houses, there is no provision to hold joint sitting

Step: 3 Finally the bill is presented to the president who shall give his assent to the bill

With the assent of president, the constitution shall stand amended in accordance with the terms of the Bill

Amendment shall also require to be ratified by the legislatures of not less than one-half of the states in following cases

  1. article 54, article 55, article 73, article 162, or article 241
  2. chapter IV of part V, chapter V of part VI, or chapter I of Part XI
  3. any of the lists in the Seventh Schedule
  4. the representation of states in parliament
  5. the provisions of this article