LAW Notes Llb Notes Judiciary Notes

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*🛡️A Secular State* ♟️The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State. ♟️The following provisions of the Constitution reveal the secular character of the Indian State: ♟️The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. ♟️The Preamble secures to all citizens of India liberty of belief,Faith and worship. ♟️The State shall not deny to any person equality before the law or equal protection of the laws (Article 14). ♟️The State shall not discriminate against any citizen on the ground of religion (Article 15). ♟️Equality of opportunity for all citizens in matters of public employment (Article 16).

*🛡️Comptroller and Auditor General of India (CAG)* ♟️The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed. ♟️The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President. ♟️The salary, service conditions, leaves of absence, pension and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure. ♟️The CAG is not eligible for any further office after the end of their tenure either in the Government of India or any State Government. ♟️The administrative expenses of the office of CAG, including salaries, allowances and pensions serving in that office are charged up on the Consolidated Fund of India.Thus they are not subjected to the vote of Parliament.

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*🛡️Retired Judge* ♟️At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. ♟️He can do so only with the previous consent of the president and also of the person to be so appointed. ♟️Such a judge is entitled to such allowances as the president may determine. ♟️He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.