1. Most imp. Articles of Constitution

1. Art 2 – admission or establishment of new states <earlier not states, Sikkim for instance>
2. Art 3 – formation or changes in the  existing states <Telangana for instance>
3. Art 51 A – 11 fundamental duties
4. Art 72 – Pardoning power of president
5. Art 108 – Definition of money bill
6. Art 112 – annual Financial statement (BUdget)
7. Art 123 – Ordinance by President, 213 – By governor
8. Art 143 – Advisory Jurisdiction
9. Art 226 High court writ, 32 supreme court writes
10. Art 335 – Claims of SC & ST to services
11. Article 350 A -instruction in the mother tongue at local level
12. Art 351 – Duty of Union to promote spread of Hindi Language

Note – Articles of FRs should be learned by heart.

• Discuss – Pardoning powers of president v/s governor
• Discuss – Federal safeguards under article 3
• Discuss – Berubari Union case and article 2 and 3

2. Article 355, 356 and 365

1. Art 355 – Duty of the Union to protect States against any external aggression and the internal disturbance and ensure that the Government of every State is carried on in accordance with the provisions of this Constitution

2. Art 356 : President’s rule in the event of failure of constitutional machinery

3. Art 365 : Failure of state to comply with the directives of the Union

So because it is Union’s responsibility under article 355 to see to it that Government of every State is carried on in accordance with the provisions of this Constitution, President imposes President’s rule on two grounds – art 356 and art 365

Issues related to emergency have been discussed in detail in this blog and in this tit- bit

3. Most imp. Constitutional Amendments

1. 1st amendment – 9th schedule
2. 7th amendment -Abolished 4 fold classification of states, extended jurisdiction of high courts to UTs, Common high courts for >1 states
3. 24th – Compulsory for president to give assent to CABs
4. 42nd – Mini constitution, added FDs <Swaran Singh Committee>, 3 new words -socialist, secular and integrity to the preamble , Tribunals
5. 44th – Abolished right to property, Internal disturbance replaced by armed rebellion under article 352, National emergency only on written recommendation of president <only use of the word cabinet in the constitution>
6. 52 – 10th schedule, anti defection law
7. 91st – anti defection law amended, not >15% of LSin CoM
8. 80th – Alternate scheme of devolution, all taxes except cess and surcharges to be shared b/w union and states
9. 97th Cooperative societies
10. 100th Land boundary agreement b/w India and B’desh

• Discuss – Amendment of anti defection law by 91st amendment
• Discuss – Kihoto Hollohan judgement
• Discuss -Whether or not cooperative societies under RTI

4. Bills with prior recommendation of President

1. 1. Bill that seek to alter the boundaries of the states and names of the states. (Article 3)
2. 2. Money Bill (Article 110) & Finance Bill type 1
3. 3. Any bill which affects the taxation in which the states are interested (Article 274)
4. 4. State Bills which impose restriction upon freedom of trade (Article 304).
5. 5. Any matter relating to a law for acquisition by the state of any ‘estate’ or other intermediate interest in land means matters relating to article 31(A)

Bill involving expenditure from consolidated fund of India but not a money bill i.e Finance bill type 2 do not require recommendation while introducing but recommendation s necessary before bill is taken up for passage

• Discuss – Parliament can not propose increase in taxes but can propose reduction
• Discuss – Appropriation bill can not be amended but Finance bill can be

5. Random Trivia

• NHRC is the only body whose chairperson has to be retired CJI and in state HRC, retired Chief Justice of high Court <any exception?>
• In every appointment, where a committee appoints members of constitutional and statutory bodies, PM and LoP (LS) always are the members

1. 1. NHRC – 6 member committee (2 + Speaker LS, Deputy CP RS , LoP, RS, Home Minister)
2. 2. CVC – 3 member committee (2 + home minister)
3. 3. CIC – 3 member committee (2 + any cabinet minister nominated by PM)
4. 4. Director CBI – (2+ CJI)

• Discuss – Qualification of Lokpal chairperson, appointment committee
• Discuss – Process of removal of above authorities (NHRC, CVC, CIC) and CAG, EC, UPSC members