IAS Prelims tit-bits- Polity part 8

1. President and Vice President

  1. President is a part of parliament, VP is not
  2. VP is chairperson Of RS but not a member of it
  3. Qualification – President should be qualified for election as a member of LS, VP as a member of RS
  4. Min. age for both is 35 while for LS election it’s 25 and RS election, it’s 30
  5. President takes oath to preserve, protect and defend the constitution, VP does not take oath to protect the constitution
  • Discuss – Which other constitutional functionaries take oath to protect, preserve and defend the constitution
  • Discuss – who administers oath to President and VP, speaker and deputy speaker?
  • Discuss – who is chairperson of upper house in states?

2. Schedules of Constitution

  1. 1st schedule-names of states and UT, 2nd- emoluments, allowances, privileges, 3rd Oaths
  2. 4th Allocation of seats in RS
  3. 5th and 6th – schedule areas and tribal areas
  4. 7th – 3 lists
  5. 8th schedule – languages
  6. 9th schedule – added by 1st amendment to protect laws from judicial review
  7. 10th schedule – anti defection law
  8. 11th and 12th, Rural and Urban Local Bodies
  • Discuss – Which schedules can be amended by simple majority, which require special majority and which would require ratification from states
  • Discuss – when was the 10th schedule 1st added to the constitution
  • Discuss – present status of 9th schedule
  • Discuss – Difference b/w schedule 5 and schedule 6

3. Parts of the constitution

  1. Part 1 – union and its territory
  2. Part 2 – citizenship
  3. Part 3- Fundamental Rights
  4. Part 4- DPSP
  5. PArt 4A- Fundamental duties
  • Note – Other parts not important, parts are sequential article wise
  • Discuss – Status of OCI & PIO cards

4. Union Territories

  1. Administered by an administrator appointed by President
  2. Governor of a state can also be appointed administrator of a UT as well
  3. Delhi and Puducherry have a legislative assembly and elected council of minister
  4. Still, Parliament can make laws on all 3 lists even in case of Delhi and Puducherry
  5. Parliament can also establish a high court for UT <how many UTs have a high court of their own?>
  6. If LG does not agree with the advice of CoM, he refers the matter to president and in the meantime acts on his own discretion <what happens if governor does not agree with the advice of CoM?>
  7. In case of failure of constitutional machinery, President can impose his rule on Delhi and Puducherry <what happens in case of failure of constitutional machinery in states?>
  8. Delhi and Puducherry have representation in RS as well

Discuss – Ordinance promulgating power of LG

5. National Green Tribunal

  1. enacted under Art 21, which includes  right to a healthy environment
  2. mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same
  3. Principal bench – New Delhi, 4 circuit Benches – Bhopal, Pune, Kolkata and Chennai
  4. Original Jurisdiction on matters of “substantial question relating to environment
  5. Very Imp.-  not bound by the procedure laid down under the Code of Civil Procedure, 1908, but guided by principles of natural justice
  • Discuss – Qualifications of chairperson and members
  • Discuss– Articles related to RTE act and RTI act
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By Dr V

Doctor by Training | AIIMSONIAN | Factually correct, Politically not so much | Opinionated? Yes!

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