CONSTITUTION OF INDIA – 500 MOST IMPORTANT ONE LINER KEY POINTERS (ALL STATE JUDICIAL SERVICES PRELIMS)-PART-2

 VICE-PRESIDENT OF INDIA

101. Article 67: Vice-President’s term – 5 years.

102. VP can resign to President.

103. VP can be removed by Rajya Sabha resolution (majority of all members) + Lok Sabha agreement.

104. Article 68: Election to fill VP vacancy within 6 months.

105. Article 69: Oath of VP administered by President.

106. Article 70: Parliament may provide for discharge of President’s functions in unforeseen circumstances.

107. Article 71: Disputes regarding Presidential & VP elections decided by Supreme Court.

108. Article 72: President’s Pardoning Power – pardon, reprieve, respite, remission, commutation,

suspension.

109. Article 73: Union executive power extends to subjects of Union List & Concurrent List.

COUNCIL OF MINISTERS

110. Article 74: Council of Ministers with PM at head to aid President.

111. 42nd & 44th Amendments: President bound by advice of CoM.

112. Article 75: PM appointed by President, other ministers on PM’s advice.

113. Article 75(3): Council of Ministers collectively responsible to Lok Sabha.

114. Article 76: Attorney-General of India – highest law officer.

115. Article 77: Conduct of Union Government’s business in name of President.

116. Article 78: Duties of PM to furnish information to President.

PARLIAMENT – GENERAL

117. Article 79: Parliament = President + Lok Sabha + Rajya Sabha.

118. Article 80: Rajya Sabha – max 250 members (238 elected + 12 nominated).

119. Article 81: Lok Sabha – 552 members max (530 States + 20 UTs + 2 Anglo-Indians – now abolished by 104th Amendment, 2020).

120. Present strength Lok Sabha (2019–2024): 543 members.

121. Article 83: RS permanent body (1/3 members retire every 2 yrs); LS term 5 years.

122. Article 84: Qualification for MPs – 25 yrs (LS), 30 yrs (RS).

123. Article 85: Sessions of Parliament summoned by President; max gap 6 months.

124. Article 86: President may address Parliament sessions.

125. Article 87: Special Address by President at first session each year + first session after elections.

126. Article 88: MPs have right to speak in Parliamentary committees.

PARLIAMENT – PROCEDURE

127. Article 100: Voting in Houses by majority of members present & voting.

128. Article 101: MP vacates seat if absent for 60 days without permission.

129. Article 102: Grounds of disqualification – office of profit, unsound mind, insolvent, not citizen.

130. Anti-Defection Law: 52nd Amendment, 1985 (Tenth Schedule).

131. Article 105: MPs enjoy parliamentary privileges & immunity.

132. Article 106: Salaries of MPs decided by Parliament.

133. Article 107: Ordinary Bills introduced in either House.

134. Article 108: Joint Sitting of Parliament summoned by President.

135. Joint Sitting not applicable to Money Bills, Constitutional Amendment Bills.

136. Article 109: Money Bills only in Lok Sabha.

137. Speaker decides if a bill is a Money Bill (Art. 110).

138. Article 111: President can assent, withhold, or return a bill (except Money Bill).

FINANCE & BUDGET

139. Article 112: Annual Financial Statement (Budget) presented in Parliament.

140. Article 113: Demand for Grants – only in Lok Sabha.

141. Article 114: Appropriation Bill – withdrawal of money from Consolidated Fund.

142. Article 115: Supplementary, Additional, Excess Grants.

143. Article 117: Money Bill can be introduced only with President’s recommendation.

144. Article 124: Establishment of Supreme Court (came into being on 28 Jan 1950).

145. Original Judges: 1 CJI + 7 judges; Now sanctioned strength = 34 judges.

146. Judges of SC retire at 65 years.

147. Article 124(4): SC Judges removed only by President on impeachment (2/3rd majority in both Houses).

148. First Judge impeached motion: Justice V. Ramaswami (1993) – failed.

149. Article 125: Salaries of judges from Consolidated Fund of India.

150. Article 129: SC is court of record.

151. Article 131: Original jurisdiction of SC (Centre–State disputes).

152. Article 132–134: SC appellate jurisdiction.

153. Article 136: Special Leave Petition (SLP).

154. Article 137: SC power to review its own judgments.

155. Article 141: Law declared by SC binding on all courts.

156. Article 143: President may seek advisory opinion of SC.

HIGH COURTS

157. Article 214: High Court for each State.

158. Article 217: HC Judge appointed by President after consultation with CJI & Governor.

159. HC Judges retire at 62 years.

160. Article 226: High Courts issue writs.

161. Article 227: HC power of superintendence over subordinate courts.

FEDERAL STRUCTURE

162. Article 245: Parliament may make laws for whole/part of India; State for its territory.

163. Article 246: Subjects divided into Union List, State List, Concurrent List.

164. Union List – 97 subjects, State List – 66 subjects, Concurrent List – 47 subjects (Original).

165. Article 248: Residuary powers with Union Parliament.

166. Article 249: Parliament can legislate on State List if Rajya Sabha passes resolution (2/3 majority).

167. Article 252: Parliament can legislate on State subjects if two or more States consent.

EMERGENCY PROVISIONS

168. Article 352: National Emergency – on war, external aggression, armed rebellion.

169. Duration: initially 6 months, renewable; requires Parliamentary approval within 1 month.

170. First National Emergency: 1962 (China war).

171. Second National Emergency: 1971 (Pakistan war).

172. Third National Emergency: 1975 (Internal disturbance – later armed rebellion).

173. Article 353: Effect – Centre empowered, Fundamental Rights under Art. 19 suspended.

174. Article 354: Effect on distribution of revenues during emergency.

175. Article 356: President’s Rule in State – on report of Governor or otherwise.

176. Duration: 6 months, extendable to 3 years (special conditions).

177. First President’s Rule – Punjab, 1951.

178. Article 360: Financial Emergency – never imposed till date.

179. Effect: Salaries of judges & officials can be reduced, Centre directs States on financial matters.

CONSTITUTIONAL BODIES – OVERVIEW

180. Article 324: Election Commission – conducts free & fair elections.

181. Chief Election Commissioner – tenure 6 years or 65 years age.

182. Article 148: CAG of India – audits Union & State accounts.

183. Article 280: Finance Commission constituted every 5 years.

184. First Finance Commission – 1951, chaired by K.C. Neogy.

185. Article 315: Union Public Service Commission (UPSC).

186. Members of UPSC appointed by President.

187. Article 338: National Commission for SCs.

188. Article 338A: National Commission for STs (89th Amendment, 2003).

189. Article 340: Appointment of Commission for Backward Classes.

190. 102nd Amendment (2018): Gave constitutional status to National Commission for Backward Classes.

190. 102nd Amendment (2018): Gave constitutional status to National Commission for Backward Classes.

OTHER KEY FACTS

191. Article 300A: Right to Property now a legal right (not Fundamental Right).

192. Article 326: Elections to Lok Sabha & State Assemblies on basis of Adult Suffrage (18 years, 61st

Amendment, 1988).

193. Article 368: Procedure for Amendment of Constitution.

194. Three types of amendments – Simple Majority, Special Majority, Special Majority + State Ratification.

195. Article 370: Special Status of Jammu & Kashmir – abrogated in 2019.

196. Article 371–371J: Special provisions for some States.

197. Schedules: 12 total; 11th Schedule (73rd Amendment) – Panchayats.

198. 12th Schedule (74th Amendment) – Municipalities.

199. 10th Schedule – Anti-Defection Law (52nd Amendment, 1985).

200. 9th Schedule – Laws immune from judicial review on grounds of FR violation (1st Amendment, 1951).