CONSTITUTION OF INDIA – 500 MOST IMPORTANT ONE LINER KEY POINTERS (ALL STATE JUDICIAL SERVICES PRELIMS)-PART-4

UNION–STATE RELATIONS

301. Legislative relations between Union & States – Articles 245–255.

302. 7th Schedule divides subjects into Union, State, Concurrent Lists.

303. Union List subjects: defence, foreign affairs, banking, railways.

304. State List subjects: police, public order, agriculture, health.

305. Concurrent List subjects: criminal law, marriage & divorce, education.

306. Article 249: Parliament can legislate on State List with RS resolution (2/3rd majority).

307. Article 250: Parliament can legislate on State List during National Emergency.

308. Article 252: Two or more States can consent Parliament to legislate on State List matters.

309. Article 253: Parliament can legislate for treaties & international obligations.

310. Residuary powers of legislation rest with Parliament (Union).

ADMINISTRATIVE RELATIONS

311. Article 256: States must comply with Union laws.

312. Article 257: Union can give directions to States.

313. Article 258: President can entrust Union functions to States.

314. Article 263: Inter-State Council – advisory body.

315. Zonal Councils created under States Reorganisation Act, 1956.

GOVERNOR

316. Article 153: Governor for each State.

317. Article 154: Executive power of State vested in Governor.

318. Article 155: Governor appointed by President.

319. Article 156: Term of Governor – 5 years, holds office at President’s pleasure.

320. Article 157: Qualification – Citizen of India, 35 years.

321. Article 158: Governor shall not hold office of profit.

322. Article 159: Oath administered by Chief Justice of HC.

323. Article 161: Governor has pardoning power for offences against State laws.

324. Article 163: Council of Ministers with CM to aid Governor.

325. Article 164: CM appointed by Governor, other ministers on CM’s advice.

326. Art. 164(2): CoM collectively responsible to State Legislative Assembly.

327. Art. 164(1A): CoM size max 15% of State Assembly strength (91st Amendment, 2003).

STATE LEGISLATURE

328. Article 168: Legislature of State – Governor + Legislative Assembly (and Council if bicameral).

329. Article 170: Legislative Assembly size – max 500, min 60.

330. Article 171: Legislative Council – 1/3 members elected by MLAs, remainder by graduates, teachers, etc.

331. Article 172: State Assembly term – 5 years.

332. Article 173: Qualifications for MLAs – 25 years (Assembly), 30 years (Council).

333. Article 174: Sessions summoned by Governor – max gap 6 months.

334. Article 175: Governor may address and send messages to Assembly.

335. Article 176: Governor’s special address at first session each year and after election.

336. Article 200: Governor assents or reserves Bills for President.

337. Money Bills in State introduced only in Legislative Assembly.

EMERGENCY CASE LAWS

338. Kesavananda Bharati (1973) – Parliament cannot amend basic structure.

339. Indira Gandhi v. Raj Narain (1975) – Judicial review is part of basic structure.

340. ADM Jabalpur (1976) – Right to life suspended during Emergency (later overruled).

341. Minerva Mills (1980) – Balance between FR & DPSPs is basic structure.

342. S.R. Bommai (1994) – Art. 356 misuse subject to judicial review.

343. Kihoto Hollohan v. Zachillhu (1992) – Speaker’s decision under Anti-Defection is subject to judicial

review.

344. Kesavananda & Minerva Mills together strengthened judicial supremacy.

SCHEDULED & TRIBAL AREAS

345. Article 244: Administration of Scheduled Areas & Tribes.

346. Fifth Schedule: Scheduled Areas in other States.

347. Sixth Schedule: Autonomous Councils for tribal areas in Assam, Meghalaya, Tripura, Mizoram.

348. Article 371–371J: Special provisions for States (e.g., Maharashtra, Gujarat, Nagaland, Telangana,

Karnataka).

349. 69th Amendment, 1991: Delhi given status of NCT with Legislative Assembly.

CONSTITUTIONAL BODIES (MORE DETAILS)

350. UPSC – Articles 315–323.

351. State PSC – Articles 315–323.

352. Finance Commission – Art. 280; recommended every 5 years.

353. Election Commission – Art. 324; conducts Parliament, State, President, VP elections.

354. Comptroller & Auditor General (CAG) – Art. 148.

355. Attorney General – Art. 76; Advocate General (State) – Art. 165.

356. National Commission for SCs – Art. 338.

357. National Commission for STs – Art. 338A.

358. NCBC – given constitutional status by 102nd Amendment, 2018.

CO-OPERATIVE SOCIETIES

359. 97th Amendment (2011) – gave constitutional status to co-operative societies.

360. Added Part IXB – Articles 243ZH–243ZT.

MISCELLANEOUS PROVISIONS

361. Article 300A: Right to Property – legal right, not FR.

362. Article 301: Freedom of trade, commerce, intercourse throughout India.

363. Article 307: Parliament may appoint authority for trade & commerce.

364. Article 312: All India Services may be created by Parliament.

365. Existing AIS: IAS, IPS, IFS (Forest Service).

366. Article 323A: Administrative Tribunals.

367. Article 323B: Other tribunals.

368. 44th Amendment (1978): Prevents suspension of Art. 20 & 21 even during Emergency.

369. Article 326: Elections on the basis of Adult Suffrage (18 years).

370. 61st Amendment: Reduced voting age from 21 to 18 years.

371. Article 330–342: Reservation of seats for SCs, STs in Parliament & State Legislatures.

372. Article 340: Commission for Backward Classes.

373. First Backward Class Commission – Kaka Kalelkar, 1953.

374. Second Backward Class Commission – Mandal Commission, 1979.

375. Article 343: Official Language – Hindi in Devanagari script.

376. Article 348: SC & HC proceedings in English.

377. 8th Schedule languages: 22 (originally 14).

378. 92nd Amendment (2003) – added Bodo, Dogri, Maithili, Santhali.

379. Article 351: Duty of Union to promote Hindi.

380. Sarkaria Commission (1983) – Centre–State relations.

381. Punchhi Commission (2007) – reviewed Centre–State relations.

CONSTITUTIONAL FEATURES

382. Parliamentary form of Government – taken from Britain.

383. Federal structure with unitary bias – Canada.

384. Fundamental Rights – USA.

385. Directive Principles – Ireland.

386. Fundamental Duties – USSR.

387. Concurrent List – Australia.

388. Independent Judiciary & Judicial Review – USA.

389. Suspension of FRs during Emergency – Weimar Constitution (Germany).

390. Single Citizenship – UK.

391. Amendment procedure – partly USA, partly UK.

392. Preamble inspiration – USA.

393. Bicameralism – Britain.

394. Emergency provisions – Germany.

395. DPSPs like organisation of village panchayats – Gandhian philosophy.

IMPORTANT DATES

396. 26 Nov 1949 – Constitution adopted.

397. 26 Jan 1950 – Constitution came into force.

398. 24 Jan 1950 – Last sitting of Constituent Assembly.

399. 28 Jan 1950 – Supreme Court inaugurated.

400. 1956 – States Reorganisation Act created linguistic states.