Authentic & Proven Material for Himachal Pradesh Administrative Services Examination
Saturday, April 12, 2014
Panchyati Raj
Sunday, June 20, 2010
Important Amendments in Indian Constitution
2. 24th Amendment Act : - Inserting Cl (4) in Art. 13; amended Art. 368. The object of the amendment was to clarify that the Parliament has the power to amend every part of the constitution. The intention was to wipe out the effect of Golak Nath case, After the Amendment the President is bound to asent to a constitution Amendment Bill.
3. 25th Amendment Act: - The jurisdiction of the courts to determine the adequacy of compensation on acquisition of property was taken away;
4. 35th Amendment Act: - Added 10th Schedule; Sikkim was made an associate state.
5. 36th Amendment Act: - Sikkim was made a full fledged state.
6. 42nd Amendment Act: - The power of judicial review of Courts was restricted; DPSP were given precedence over Fundamental Rights; Fundamental Duties were added; Term of Lok Sabha and Vidhan Sabha was raised from five to six years; Preamble was altered to add Socialist, Secular and integrity; The validity of the Constitutional Amendment cannot be questioned in any court – 368-(4); Quorum for the lok Sabha and Vidhan Sabha removed. Established supremacy of parliament.
7. 44th Amendment Act: - The Fundamental Right to Property was abolished; the term of Lok Sabha and Legislative Assemblies of the State reduced to 5 years. It was provided that disputes relating to the election of the President and the Vice President shall be decided by the Supreme Court and that of election of member of Parliament and the State legislature shall be decided by the High Court. The National Emergency shall not be proclaimed except on the written recommendation of the Cabinet. The right to Life and personal liberty and he liberty of the press was restored.
8. 52nd Amendment Act:- Provision relating to the anti-defection law were added in the constitution.
9. 61st Amendment Act:- The minimum age limit prescribed to get voting right was reduced to 18 years from 21 years.
10. 69th Amendment Act: - The UT of Delhi was named as National Capital Territory of Delhi. It also provided for a 70 members state assembly.
11. 71st Amendment Act: - Nepali, Konkani and Manipuri languages included in the 8th Schedule.
12. 73rd Amendment Act: - Provision relating to the constitution, elections, finance and functions of Panchyat Raj Bodies.
13. 74th Amendment Act: - Provision relating to the constitution, elections, finance and functions of Municipalities.
14. 86th Amendment Act: - The new Art. 21-A deals with Right to Education to all children of the age six to fourteen years was added.
15. 87th Amendment Act: - The basis of delimitation of constituencies to be the population of 2001 in place of 1991.
16. 89th Amendment Act: - Provision for constitution of separate National Commission for Scheduled Castes and Scheduled Tribes.
17. 91st Amendment Act: - The strength of Council of Ministers both at the centre and in states, to be fixed at 15% of the total membership of the lower house.
18. 92nd Amendment Act: - inclusion of Maithili, Bodo, Dogri and Santhali.
19. 93rd Amendment Act: - Reservation of admission in private unaided educational institutions for students belonging to SC/ St and OBC.
20. 94th Amendment Act: - Free Bihar from the obligation of having a tribal welfare minister and extended the same provision to Jharkhand and Chhattisgarh. This provision will now be applicable to the M.P. and Orissa.
21. 98th Amendment Act: - is related to the constitution of National Judicial Commission.
Sunday, June 13, 2010
INC - SESSIONS
Sr. No. ---------Year -----------Place------------ President----------------- Others
1. ----28-12-1885-------- Bombay----------- W.C.Bannerjee
2. 28-12-1886---------- Calcutta------------- Dadabhai Naroji
3. 28-12-1887 ------------Madras ---------Badruddin Tayyabji-------- First Muslim Pr. of INC
4. 26-12-1888 ------------Allahabad------- George Yule ---------First English President of INC
5. 27-12-1905------------ Varanasi ----------Gopal Krishan Gokhale ---------Call for Swedeshi
6. 26-12-1906 ------------Calcutta------------ Dadabhai Naroji --------Goal of INC ‘Self Govt.’
7. 26-12-1907 ------------Surat---------------- Rashbehari Ghosh ------------Congress Split
8. 1916 -----------------Lucknow --------------Ambika Charan Muzumdar
9. 1917 -------------Calcutta ---------------Annie Besant -------------First woman President
10. 1920 -----------Calcutta --------------Lala Lajpat Rai (suspended)
11. 1920 -------------Nagpur ------------C. Vijayraghavachariar (annual)
12. 1921 ----------------Ahmedabad ----------C.R.Das (in Prison) Hakim Ajmal Khan (acting)
13. 1924 ------------Belgaum --------------Mahatma Gandhi
14. 1925 ----------- Kanpur --------Sarojini Naidu ---------1st Indian Woman President of INC
15. 1928 ----------Calcutta -------Motilal Nehru
16. 1929-30 ---------Lahore -------Jawaharlal Nehru ----Resolution on Complete Independence on 31 Dec- 1929
17. 1931 ----------Karachi ----------Vallabhbhai Patel ---------Resolution on Fundamental Rights
18. 1937 -------Faizpur --------J.L.Nehru ------------INC first session in village
19. 1938 ----------Haripura ---------S.C.Bose --------
20. 1939 ---------- Tripuri ---------S.C.Bose (later Rajendra Prasad) ---
21. 1940----------- Ramgarh------------ Mulana Abul Kalam Azad
22. 1946 ---------Meerut --------------J.B. Kriplani
Friday, June 11, 2010
Making of constitution - 7
Supreme Court
1. Art. 124: - Supreme Court consists of Chief Justice and not more than 30 other judges.
2. Appointment:- He has been a High Court Judge for at least 5 years or has been an advocate of a High Court for at least 10 years.
3. No minimum age is prescribed for appointment as a judge of Supreme Court. Judges hold offices until he attains the age of 65 years.
4. The only grounds upon which he may be removed are: ‘proved misbehavior’ & incapacity.
5. Art. 126: - When the office of Chief Justice is vacant or he is unable to discharge his duties, the duties of the Chief Justice shall be performed by such one of the Judges of the Supreme Court as President may appoint for the purpose. (Acting Chief Justice).
6. Art. 127:- Appointment of adhoc Judges.
7. Art. 129: - The SC is a court of records and in this capacity it enjoys the power to punish for its contempt.
8. Art. 131: - Original jurisdiction- Certain types of cases such as dispute between the centre and states and dispute between two or more states.
9. Art. 132:- Appellate Jurisdiction- The Supreme Court is the highest court of appeal in the country.
10. Art. 143: - Advisory Jurisdiction: - The President may ask the Supreme Court to render advice on any legal or other matter whenever he thinks it necessary. Though such advice is not binding on the President; it is respected by lower courts as precedent.
11. Art. 137: - Review of judgments or order by Supreme Courts.
12. Art. 139: - Powers to issue certain writs.
13. Art. 141: Law declared by Supreme court tobe binding on all courts.
14. Present Chief Justice of India: - Just. S. H. Kapadia has been appointed as Chief Justice of India.
15. The Supreme Court held its inaugural sitting on 28 January, 1950 in the Chamber of Princes.
16. Present Supreme Court building was designed by Ganesh Bhikaji Deolalikar. The court moved to present building in 1958.
17. At the time of constitution of Supreme court total number of judges were 1+7= 8 in 1950.
18. The first woman to be appointed to the Supreme Court was – Justice Fatima Beevi in 1987. She was followed by Sujata Manohar, Ruma Pal and Gyan Sudha Mishra.
19. D.P. Wadhwa Committee constituted by Supreme Court to monitor its orders in the PIL on the Right to Food.
20. Indian Judiciary cover PIL – Epistolary jurisdiction.
High Court
1. Art. 214:- Provision of High Court for each State.
2. Art. 215: - High courts to be court of Records.
3. Art 217: - Appointment & conditions of the office of a judge of High court.
4. Art 224: - Appointment of retired judges at sitting of high court.
5. Art 226: - Powers to issue certain writs.
6. Art 231:- Establishment of a common High Court for two or more states.
7. Qualification for appointment as High Court Judge : held for at least 10 years a judicial office / been for at least 10 years an advocate of a High Court.
8. Art 202: - Expenditure in respect of the salaries and allowancesof the judges shall be charged on consolidated fund of the state.
Sunday, May 9, 2010
Making of constitution-10 States
PART – VI : The States & Special Provision relating to Certain Classes
1.Art152: - Definitions of State: In this part, the expression ‘State’ does not include the State of J & K which has been given special status under Art. 370.
2.Art 153: - Governors of States: There shall be a Governor for each state but the same person may be appointed as Governor of two or more States.
3.Art 154: - Executive power of State
4.Art. 155: - Appointment of Governor
5.Art 157: - Qualification for the appointment as Governor; a person shall be eligible to become a Governor of a State only if he is a citizen of India and has completed the age of 35 years.
6.Art 159: - Each person appointed as Governor shall, before entering upon his office; take before the Chief Justice of High Court an oath to the effect that he shall perform his duties faithfully and protect the constitution.
7.Art 161: - Power of Governor to grant pardons. The Governor does not have power to pardon a person convicted of a sentence of death. This power is exercised only by the President.
8.Art 163: - Council of Ministers to aid and advise Governor.
9.Art 165: - Advocate General
10. Art 167: - Duties of Chief Minister as respects the furnishing of information to Governor etc.
11. Art 169: - Abolition or creation of Legislative Council in States.
12. Art 170: Composition of Legislative Assemblies. There shall be not more than 500 and not less than 60 members in a legislative assembly. Exception Sikkim – 32, Goa – 40, Mizoram – 40 Arunachal Pradesh- 40 Pondichery -30.
13. Art 171: Composition of Legislative councils.
14. Art 172: - Duration of State Legislature, - 5 years from the date of its first meeting after election. However, the term of Assembly may be extended by Parliament by law for a period of one year at a time during operation of National Emergency and not more than 6 months, in any case, after the proclamation of Emergency has ceased to operate.
15. Art 175: - Right of Governor to address and send messages to the House or Houses.
16. Art 176: - Special address by the Governor.
17. Art 178: - The Speaker and Deputy Speaker of the Legislative assembly.
18. Art 213: -Power of Governor to promulgate ordinances during recess to Legislature. If the Legislature of the State is not in session and the governor feels the urgency of a law, he may issue ordinances having the force of al aw enacted by the legislature. However, the said ordinance shall cease to be effective after the expiry of six weeks from the reassembly of the Legislature unless approved by the Legislature within the prescribed period of six weeks from the first day of the beginning of the session.
19. Art 214: - High courts for States.
20. The Legislative Council in Andhra Pradesh has been abolished in 1985. and that of Tamil Nadu has been abolished in 1986.
21. Legislative Council exists in Bihar, Maharashtra, Karnataka, U.P. and J& K.
22. Art 231: - Establishment of a common High Court for two or more states.
23. Art 330: Seats shall be reserved in the House of People for the SC/ST in proportion to their population.
24. Art 331: The President may nominate two members of the Anglo-Indian Community to the House of the People, if he is of the opinion that this community is not adequately represented in the House of People.
25. Art 332: Seats shall be reserved in the legislative assembly for the SC/ST in proportion to their population.
Wednesday, May 5, 2010
Important Quotations - Britain
2. “Conventions are obeyed because of political difficulties which follows if they are not” – Dr. Jennings.
3. “ Conventions clothes the dry bones of law with flesh and make the legal constitution work and keep it abreast of changing social needs and political ideas” – Ogg and Zink.
4. “Cabinet is the most important piece of mechanism in the structure of the British Government” – Munro.
5. “ PM is the shining moon among the lesser stars” – William Vernon Hercourt.
6. “PM is the key stone of the cabinet arch” – Sir John Marley.
7. “The British PM knows the leader of the opposition better than he does his own wife” – George Bernard Shaw.
8. ‘Cabinet is the keystone of the political arch” – Ramsay Muir
9. “The Cabinet is the steering wheel of the ship of the State” – Ramsay Muir.
10. “The Cabinet is a hyphen that joins, the buckle that binds the executive and legislative department together “ – Begehot.
11. “ The British constitution is a child of wisdom and of chance” – Munro
12. “The English constitution is a living organism. It is always growing with a view to meeting the necessities of the people. It is not a pudding made out of recipe” – Ogg.
13. “Conventions are unwritten maxims of the constitution” – J.S.Mill.
14. “Conventions are customs of the constitution” – Mr. Anson.
15. “Conventions do not exist for their own sake; they exist because there are good reasons for them” – Prof. Jennings.
16. “The Government of U.K. is in ultimate theory an absolute monarchy, in form a constitutional limited monarchy and in actual character a Democratic Republic” – Ogg
17. “The opposition is an integral and indispensable part of our working constitution” – Quinton Hogg.
18. ‘King can do no wrong” – Gladstone H.A.S. 2007
19. “The British cabinet is a wheel within Wheels” – Ramsay.
20. “The leader of opposition is the alternative PM” – Jennings.
21. “Cabinet is the child of Parliament but it leads the mother” – H.J. Laski.
22. “Second Reading is the time when the battle between friends and foes really begins” – Ogg & Zink.
23. ‘Parliament can do everything that is not naturally impossible” - Blackstone
Monday, May 3, 2010
Making of constitution-8 Vice President and Union Govt
2. Art.64:- The Vice-President to be ex-Officio Chairman of the Council of States (Rajya Sabha).
3. Art 65:- The Vice Pr. Shall discharge the function of President during the temporary absence of the President, illness or any other cause by reason of which he is unable to discharge his functions. In 1969 when on the death of Dr. Zakir Hussain, the Vice Pr. V. V. Giri resigned, the Chief Justice Sh. Hidyatullah discharged the function of President.
4. Art.66:- The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament.
5. Art 67:- Term and qualification of office of President: The term of office is five years. A formal impeachment is not required for his removal. He may be removed by a resolution of the Council of States passed by a majority of its members and agreed to by the House of Peoples.
6. Art 74: - There shall be a Council of Minsters with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
7. Art 75:- President of India was not a real executive, but a constitutional head, who was bound to act according to the advice of Ministers, so long as they commanded the confidence of the majority in the house of the People.
8. Art 75(3): - The Council of Ministers shall be collectively responsible to the House of the People.
9. Art 75(2): - The ministers shall hold office during the pleasure of the President.
10. Cabinet of American President is responsible to himself and not to Congress.
11. Art 76: - Attorney General for India. In England he is a member of Cabinet.
12. Art 78:- Duties of PM as respects the furnishing of information to the President.
13. Art 79:- Constitution of Parliament.
14. Art 80:- Composition of Council of State: - in the council of states, 12 members are to be nominated by the President from persons having special knowledge or practical experience of literature, science, art and Social Service.
15. Art 81:- Composition of House of Peoples. Not more than 530 representatives of the States and Not more than 20 representatives of Union Territories and Not more than 2 members of Anglo-Indian community, nominated by the President , if he is of opinion that the Anglo Indian community is not adequately represented in the House of the People.
16. The first Lok Sabha held its first sitting on 13-5-1952 .
17. The Rajya Sabha was first constituted on 03-04-1952 and it held its first sitting on 13-05-1952.
18. By 42nd Amendment Act 1976, the Indira Govt. extended the term of Lok Sabha to 6years but it has been reduced to 5 years by the 44th Amendment Act 1978.
19. Art 84: - Qualification for the membership of the Parliament.
20. Art 85:- Like English Crown our President shall have the power to summon or prorogue the Houses of Parliament and to dissolve the lower House.
21. Art 86: - Right of President to address and send message to houses.
22. Art 87:- The President shall address both houses of Parliament assembled together, at the first session after each general election to the House of the People and at the commencement of the first session of each year, and ‘inform Parliament of the causes of its summons’.
23. Art 89:- The Chairman and Deputy Chairman of the Council of States.
24. Art 93:- The speaker and Deputy Speaker of the House of the Peoples.
25. Warrant of Precedence:- The President, The Vice President, The Prime Minister, Governor of States within their respective provinces, Former President, Deputy PM, Chief Justice of India , Speaker of Lok Sabha, Union Cabinet Minister, Union Minister of State, Union deputy Ministers.
26. The chairman and the Deputy Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha do not take oath of their respective offices, they only take oath as members of their respective Houses.
27. Art. 101:- If a member of either House of Parliament is absent from meeting of the House without permission for more than 60 days, his seat shall become vacant.
28. Art 102:- Disqualification of Membership under Anti-defection Act 1985 as given in 10th Schedule.
29. Art 103: - All questions to disqualification of members shall be decided by the President in consultation with Election Commission and his decision shall be final.
30. Art 105:- Immunities and Privileges of Houses of Parliament and of members and committees. Attorney General shall have a right of audience in all Courts in the Territory of India.
31. Art 108:- President has the power to summon a joint sitting of both house of Parliament in case of a deadlock between them. The Joint sitting shall not be summoned for the consideration of Money Bills and Constitutional Amendment Bills.
32. Art 109: - A money Bill shall not be introduced in the Council of States and the same shall return the Bill within 14 days from the date of receipt of the Bill, with or without its recommendations. The House of the People has the right to either reject or accept the recommendations of the Council of States.
33. Art. 110: - Definition of Money Bills. If any questions arises whether the Bill is a Money Bill or not the decision of the Speaker of Lok Sabha shall be final.
34. Art 112: - Annual Financial Statement i.e. Budget
35. Art 113:- Appropriation Bills: An Appropriation bill refers to the formal sanction of Parliament to Govt. to make expenditure out of the Consolidated Fund of India.
36. Art 115:- Supplementary, additional or excess grants.
37. Art 116: - Votes on account, votes of credit an exceptional grant.
38. Art 118:- The speaker shall preside over the joint sitting of the two houses of Parliament.
39. Art 120:- Language used in Parliament.
40. Art 122:- Courts not to inquire into proceeding of Parliament.
41. Art 123: - Power of President to promulgate Ordinance during recess of parliament.
42. Art 148: - Comptroller and Auditor General of India. He is to be the guardian of the Public purse and it is his duty to see that not a farthing is spends out of the Consolidated Fund of India. The term of Office of the CAG shall be 6 years.
43. Art 151: - Audit reports. Of the CAG is laid before the Parliament and is examined by the Public Account Committee.
Saturday, April 17, 2010
Governor General and Viceroy
1. Lord Canning(1858-62)became the first Governor General & Viceroy under the Indian Councils Act of 1858
2. The Indian Penal Code & the Criminal Procedure Code drawn up by Macaulay were introduced in 1860-61. The Indian Civil Service Act was passed in 1861.Lord Canning introduced the Portfolio System in the Government of India.
]3. Charles Wood’s Education Despatch of 1854 implemented by the University Act(1857), leading to the establishment of Universities in Calcutta, Bombay & Madras.
4. Lord Elgin (1862-1863) died suddenly at Dharamsala in 1863.
5. Sir John Lawrence (jan1864-69): He was the first to move the entire govt. of India to Shimla during the summer months. In his tenure tenure there was war with Bhutan (1864)
6. Lord Mayo (Jan.1869-72) He was assassinated by a convict at Port Blair in the Andaman Islands.
7. Lord Northbrook ( May 1872-1876)
8. Lord Lytton ( 18876-80) He created the Statutory Civil Service. He held Imperial Darbar in 1877, which was to mark the assumption of the title of ‘Empress of India’ by Queen Victoria. He enacted the Vernacular Press Act which put curbs on seditious writing. His aggressive policy led to the 2nd Afgan War (1879-81).
9.Lord Ripon (1880-84) Illbert bill was introduced in February 1883. Hunter Commission on educational reforms set up in 1882, First session of the National Conference at Calcutta in 1883.
10.Lord Dufferin (1884-88) First session of Indian National Congress was convened in Bombay. Allahabad University was set up in 1887.
11. Lord Landsdowne (1888-94) In 1888 demarcated it frontier with Tibet, the border between north- east Bengal & Burma was settled. In Afghanistan, efforts to demarcate a boundary commenced in 1894, resulting in the establishment of Duran Line.
12. Lord Elgin(1894- 99) In Lord Elgin’s tenure, the convention delimiting the frontier between China & Burma was ratified .
13. Lord Curzon (1899-1905) Partiton of Bengal in 1905. Coronation Darbar at Delhi mark the accession of King Edward VII. J.N. TATA was given permission to set up an iron & steel plant. He establish an Agricultural Research Institute at Pusa.
14.Lord Minto (1905-10). Formation of the All- India Muslim League. In 1908 Khudiram Bose was executed.
15. Lord Hardinge ( 1910-16) Delhi Darbar held in 1911, when George V visited India. The Capital was shifted to Delhi in 1912. Home Rule Movement was born in 1916.In 1914 Forest Research Institute & College opened at Dehra Dun. In 1915 Gandhi arrived in INDIA. Gokhale died . Rass Behari bose escape to Japan. Annie Besant announced the formation of Home Rule League.
16.Lord Chelmsford (1916-21) announcement of ‘Dominion Home Rule’ as the goal for India’s constitutional progress. Muslim League & the Congress joined hands leading to the Lucknow pact in 1916.Montagu- Chelmsford Reforms of 1919. Rawlatt Act passed , Gandhi appealed to Indians to observe an all India hartal on 6 April, 1919 in protest against the ‘black law’. On 13 April Brigadier Dyer fired on a peaceful gathering at Jalliawala Bagh. R.N.Tagore renounced his knighthood as a mark of protest. Lord Chelmsford appointed the Hunter Committee to hold an enquiry into Punjab incidence.
17. Lord Reading ( 1921-26):- In 1922 Gandhi was arrested; Chauri Chaura incident ended the Non- cooperation movement; 1st January, 1923 saw the formation of Swarajist Party by C.R.Das, Motilal Nehru. In 1924 the Royal (Lee) Commission on Superior Services submitted its report. Vithalbhai Patel was elected first Indian Presiding Officer of the Central Legislative Assembly.
18. Lord Irwin ( 1926-31):- In 1927, The Swarajists declared their goal to be Purna Swaraj or complete Independence . On 3rd February, 1928 Simon Commission , “all White’ Commission, came to India. To suppress demonstration in Lahore police use force & in a lathicharge Lala Lajpat Rai was struck & injured . The Punjab Kesari as the great leader was known , died a few days later. 1929 Bhagat Singh dropped bombs into the Legislative Assembly . Jatin Das died in jail after 64- days fast. In 1929 the Lahore Congress session call for Poorna Swaraj under the Pr. J.L.Nehru , Congress Working Committee met on 2nd January 1930 & decided that 26th January should be observed as the day of Purna Swaraj. Lord Irwin announced Dominion Status as the political goat of British policy in India. In 1930 the Congress passed Civil Disobedience resolution . Gandhi began his salt Satyagraha with the Dandi March. He left Sabarmati Ashram on March 12,1930. He reached Dandi on 5th April 1930. Next day he violated the salt laws by picking up a lump of the salt . First Round Table Conference was inaugurated in London. In 1931 Gandhi Irwin pact was signed. Gandhi sailed for England to attend 2nd RTC.
19. Lord Willingdon ( 1931-36): - On16th August 1932 the British PM , MacDonald, announced the Communal Award, the award provided for separate Hindu, ‘Untouchable’ & Muslim electorates for the new federal legislatures treating Hindu & Harijans as two separate political entities. Poona Pact regarding SC representation was signed. Harijan Sewak Sabha was formed.3rd RTC was held. In 1935 Rahmat Ali published a leaflet on the formation of Pakistan.
20 . Lord Linlithgow: - (1937-43): Muslim League’s celebrate “Day of Deliverance” on 22nd Dec. 1939. Aug.9, 1942, congress passed “Quit India Resolution”, Cripps Mission.
21. Lord Wavell: (Oct. 1943- March 1947) : - Shimla Conference in June 1945, Cabinet Mission in 1946.