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*🛡️LEADER OF THE HOUSE*
♟️Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House.
♟️There is also a ‘Leader of the House’ in the Rajya Sabha. He is a minister and a member of the Rajya Sabha and is nominated by the prime minister to function as such.
♟️The leader of the house in either House is an important functionary and exercises direct influence on the conduct of business. He can also nominate a deputy leader of the House. The same functionary in USA is known as the ‘majority leader’.
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*Montagu-Chelmsford Reforms and Government of India Act, 1919*
• The British government, not prepared to part with or even share its power with the Indians, once again resorted to the policy of ‘carrot and stick’. The carrot was represented by the insubstantial Montagu- Chelmsford Reforms, while measures such as the Rowlatt Act represented the stick.
Main Features
• Provincial Government
• Introduction of Dyarchy.
• Provincial legislative councils were further expanded and 70 percent of the members were to be elected.
• The system of communal and class electorates was further consolidated.
• Central Government
• No responsible government was envisaged in the Act for the government at the all-India level.
• A bicameral arrangement was introduced.
• The governor-general was to be the chief executive authority.
• The Act clarified that there would be a gradual development of self-governing institution in India and not self-determination of the people of India.
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*🛡️Procedure Of The Court*
♟️The Supreme Court can, with the approval of the president, make
rules for regulating generally the practice and procedure of the
Court.
♟️The Constitutional cases or references made by the
President under Article 143 are decided by a Bench consisting of
at least five judges.
♟️All other cases are decided by single judges and division benches.
♟️The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.
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🛡️ *AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT and CONSENT OF STATES.*
1. Provisions related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
2. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
4. The following provisions can be amended :-
♟️Election of the President and its manner.
♟️Extent of the executive power of the Union and the states.
♟️Supreme Court and high courts.
♟️Distribution of legislative powers between the Union and the
states.
♟️Goods and Services Tax Council
♟️Any of the lists in the Seventh Schedule.
♟️Representation of states in Parliament.
♟️Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
> *_Hit 👍🏻❤️👌🏻 to appreciate our consistent efforts_*
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*🛡️Council of Ministers in states*
♟️In a Parliamentary form of government, the council of ministers headed by the Chief Minister is the executive authority.
♟️The states under the Indian constitution are organised on the pattern as that of
the centre.
♟️The Council of Ministers in the state is a replica of the council of Ministers at the centre.
♟️They resemble in formation, function and role in the administration.
♟️The constitution provides a broad and general view of the principles of Parliamentary system of Government in Article 163 and Article 164 .
♟️Council of ministers are there to aid and advise the Governor of the state in various matters.
♟️In a Parliamentary form of government, the council of ministers headed by the Chief Minister is the executive authority.
♟️The states under the Indian constitution are organised on the pattern as that of
the centre.
♟️The Council of Ministers in the state is a replica of the council of Ministers at the centre.
♟️They resemble in formation, function and role in the administration.
♟️The constitution provides a broad and general view of the principles of Parliamentary system of Government in Article 163 and Article 164 .
♟️Council of ministers are there to aid and advise the Governor of the state in various matters.
*Support our Efforts with your 👍❤️*
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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).
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*President*
🔸 The President must be a citizen of India, not less than 35 years of age and qualified for
election as a member of the Lok Sabha.
🔸 His term of office is five years and he is eligible for re-election.
🔸His removal from office is to be in
accordance with procedure prescribed in Article 61 of the Constitution.
🔸 The executive power of the Union is vested in the President and is exercised by him either directly
or through officers’ subordinate to him in accordance with the Constitution.
🔸The President summons, prorogues, addresses, sends messages to Parliament and dissolves
the Lok Sabha; promulgates Ordinances at any time, except when both Houses of Parliament are
in session.
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*🛡️First Constitutional Amendment Act, 1951*
*💎Key Additions*
*♟️Article 15(4)*
Allowed the State to make special provisions for SEBCs, SCs, and STs.
*♟️Context* Added after the Champakam Dorairajan Case (1951) invalidated Madras's education reservation policy due to lack of constitutional backing.
*💎Article 31A, Article 31B & 9th Schedule*
*♟️Purpose* Protected land reform laws from judicial review, ensuring they couldn’t be invalidated for violating Fundamental Rights. *♟️Impact* Addressed challenges to land reforms, laying the foundation for the Basic Structure Doctrine and balancing Rights and Directive Principles.
*💎Key Changes*
♟️Article 19(2) & (6): Added grounds to restrict freedom of speech and expression, including Public Order, Friendly Relations with Foreign States, and Incitement to an Offence.
*💎Unique Context*
♟️Enacted by the Constituent Assembly, functioning as a provisional Parliament before the first Lok Sabha elections in 1952.
*💎Significance*
♟️Strengthened social justice by empowering the State to support marginalized communities.
♟️Facilitated agrarian reforms, ensuring smoother implementation of land redistribution policies.
♟️The First Constitutional Amendment Act, 1951 showcased the Constitution's adaptability, setting precedents for balancing rights and directive principles.
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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).
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*🛡️Directive Principles Of State policy DPSP*
♟️The constitution of India aims to establish not only political democracy but also socioeconomic justice to the people to establish a welfare state.
♟️These provisions are given in Part IV of Indian Constitution.
♟️Directive Principles of state policy are in the form of instructions to the governments at the centre as well as states.
♟️Though these principles are non justiciable, they are fundamental in the governance of the country.
♟️The idea of the Directive Principles of State Policy has been taken from the
Irish Republic .
♟️The Directive Principles of State policy were incorporated in our constitution in order to provide economic justice and to avoid concentration of wealth in the hands of few people.
♟️The constitution covers from Article 36 to 51 as Directive Principles of State
Policy.
♟️They are unique blend of socialistic, liberal, democratic and Gandhian Principles.
♟️They describe as the ‘conscience of the constitution’.
♟️In the “State of Tamil Nadu etc. Vs L.Abu Kavur Bai” case in 1984 , the Supreme court held that although directive principles of State Policy are not enforceable, yet the court should not avoid them.
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*♟️Qualification Of Judges*
♟️A person to be appointed as a judge of the Supreme Court should have the following qualifications:-
✔️He should be a citizen of India.
✔️a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.
♟️From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.
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*🛡️Amendment By Simple Majority*
♟️A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:-
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme Court.
12. Use of official language.
13. Citizenship–acquisition and termination.
14. Elections to Parliament and state legislatures.
15. Delimitation of constituencies.
16. Union territories.
17. Fifth Schedule–administration of scheduled areas and scheduled tribes.
18. Sixth Schedule–administration of tribal areas.
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*🛡️Sixth Schedule*
♟️Provides power to tribal communities to administer tribal areas in Assam, Tripura, Meghalaya, And Mizoram under art 244 (2) and art 275 (1) of the constitution.
*💎Advantages*
♟️Democratic devolution of powers
♟️Preserves and promotes distinct culture of region
♟️Protect agrarian rights such as land
♟️Enhance transfer of funds
*💎Issues*
♟️Limited geographical coverage
♟️Financial mismanagement and rampant corruption
♟️Financial dependency over state authority
♟️Conflicts over consultation between governor and council of ministers
♟️Lack authority of resources for implementing schemes like mgnrega.
♟️Lack of codification of customary laws
♟️Lack of skilled professionals.
♟️Creation of elected village councils
♟️Regular election by state election commission
♟️Recognize gram sabha under laws
♟️Bring transparency in planning, implementation, and monitoring of developmental programmes.
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🛡️ *AD HOC JUDGE*
♟️When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period.
♟️He can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the president.
♟️The judge so appointed should be qualified for appointment as a judge of the Supreme Court.
♟️It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.
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🛡️ *AMENDING ACT 1781*
♟️This act was passed to rectify the defects of Regulating act of 1773.
♟️It exempted Governor-General and the council from the jurisdiction of Supreme court.
♟️It excluded the Revenue matters from the Jurisdiction of Supreme court.
♟️It provided that Supreme court will Have jurisdiction all over Calcutta.
♟️Appeals from Provincial court could be taken to Governor-General-in-council and not to Supreme court.
♟️Governor general now empowered to frame regulations for Provincial courts and council.
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*🛡️Official Language*
♟️According to Part 17 Article 343 of the Indian Constitution, the Union's official language is Hindi and the script is Devanagari.
♟️Under Article 344, there is a provision for the President to appoint a commission to advise on certain matters related to the official language.
♟️The first Official Language Commission was constituted in 1955.
♟️The original Constitution included a total of 14 languages.
♟️According to the Eighth Schedule of the Constitution, currently a total of 22 languages are recognized as official languages.
♟️Article 345 provides provisions related to the official languages of the states.
♟️Under Article 348, provisions are made for the language to be used in the High Court, Supreme Court, Parliament, and State Legislatures.
♟️Under Article 120, provisions are made for the language to be used in Parliament.
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For the first time BLA (BALOCHISTAN LIBRATION ARMY) publish photo of its female commander
