Magna Carta Prelims (MCP) 2025 : The OG Prelims Polity Crash Course

Subject Polity

Coverage Prelims 2025

Teacher Atish Mathur

1. Live Lectures (Incl. PYQs 2013 - 2024)

2. Polity Sectional Tests with Test Discussions
Features 3. Polity Topic Wise Current Affairs (CA) of 1 year
4. Exclusive Concise Notes (Prelims)
5. Final Lap (Important Schemes, Reports, Organisations)

1. Live Lectures & Sectional Tests :

a. Portal - [Link]
Mode
2. Current Affairs on Youtube : AtishMathurOfficial
3. Notes and Final Lap on Telegram : Atish Mathur Official

Recordings Yes, can be watched unlimited times.

Medium Bilingual (Notes in English)

1. First Movers 5th Anniversary Offer

a. 499 INR + Taxes (for first 250 students)
i. Code : FIRSTMOVER
Cost 2. Regular Offer Price :
a. 599 INR + Taxes
3. MCF Live Batch Students : 30% Discount :
a. Code MCFOP

Course Validity 1 year from date of enrolment

Doubts Yes, with each lecture.

Refund 100% within 1 week of 1st Lecture, no questions asked!

Contact Details admin@[Link], +91-9871179976

 Magna Carta Prelims (MCP) 2025 : Schedule

Lecture Themes Covered Date & Time Hosted On

Jurisprudence, Legal
History, Territory,
L1: MCP 2025 16 Feb 2025 : 1 p.m. Portal
Citizenship, Preamble, FR,
DPSP, FD.

Jurisprudence, Legal
Current Affairs relating History, Territory,
16 Feb 2025 : 7 p.m. Youtube(Free)
to L1: MCP 2025 Citizenship, Preamble, FR,
DPSP, FD.

Union & State : Executive,

L2: MCP 2025 23 Feb 2025 : 1 p.m. Portal
Legislature, Civil Services

Current Affairs relating Union & State : Executive,

23 Feb 2025 : 7 p.m. Youtube(Free)
to L2: MCP 2025 Legislature, Civil Services

Union & State Judiciary,

L3: MCP 2025 02 Mar 2025 : 1 p.m. Portal
Tribunals, ADR

Current Affairs relating Union & State Judiciary,

02 Mar 2025 : 7 p.m. Youtube(Free)
to L3: MCP 2025 Tribunals, ADR

Federalism, C/S Relations,

Scheduled Areas,
L4: MCP 2025 09 Mar 2025 : 1 p.m. Portal
Emergency, Local Self
Govt.

Federalism, C/S Relations,

Current Affairs relating Scheduled Areas,
09 Mar 2025 : 7 p.m. Youtube(Free)
to L4: MCP 2025 Emergency, Local Self
Govt.

Bodies (Constitutional,
Statutory, Executive),
L5: MCP 2025 16 Mar 2025 : 1 p.m. Portal
Regulatory, Quasi Judicial,
Sectoral etc.

Bodies (Constitutional,
Current Affairs relating Statutory, Executive),
16 Mar 2025 : 7 p.m. Youtube(Free)
to L5: MCP 2025 Regulatory, Quasi Judicial,
Sectoral etc.

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 Magna Carta Prelims (MCP) 2025 : Curriculum

Lecture Themes/Topics Covered

Lec 1 Jurisprudence, Legal History, Territory, Citizenship, Preamble, FR, DPSP, FD.

Rule of Law, Constitutionalism, British Acts & Aspirational Docs, Types of Majorities, Dimensions
of Territory and Core Provisions, States Reorganisation, Citizenship & Related Terms, Principles &
Provisions, Comparisons & Classifications : Preamble, FR, DPSP, FD Preamble : Key Word
Meaning, Status, Rights : Meaning of State & Supremacy, Equality; Non Discrimination, Affirmative
Lec 1 Action, Reservation, Untouchability, Titles, Freedoms; Dissent, Censorship, Exceptions [Link] &
Topics Liberty; Dignified Life, Privacy, Environment, Gender, other applications, Due Process, Natural
Justice, Relationship between Equality, Freedoms, and Liberty, Criminal Justice and Protection
Rights, Anti Exploitation & Child Labour Rights, Secularism, Freedom of Religion, Minority
Rights Property Rights, Law of Writs, Amenability of FRs : Doctrine of Basic Structure,
Relationship between Fundamental Rights and Directive Principles

Lec 2 Union & State : Executive, Legislature, Civil Services

President : Election, Removal, Functions, Powers, Governor : Appointment, Removal, Functions,

Powers, Ordinances, Union & State Council of Ministers : Appointment, Removal,
Functions, Doctrine of Collective Responsibility, Cabinet System, Civil Services : Institutional
Structure Composition & Structure of Legislatures, Electoral Terms & Glossary Comparative
Lec 2 Review of Houses Presiding Officers : Election, Removal, Powers, Legislators : Role of a
Topics Parliamentarian, Election, Suspension, Removal - Anti Defection Law, Immunities &
Privileges, Elections 101 : Election Systems, ECI, RoPA, Electoral Reforms, Political
Parties, Parliamentary Procedures : Types of Bills : Content, Purpose, Procedure ; Money Bills,,
Private Member Bills, Delegated Legislations, Passage of Bills, Joint Sittings, Annual Financial
Statement (Budget), Parliamentary Committees,

Lec 3 Union & State Judiciary, Tribunals, ADR

Higher Judiciary : Seat, Strength, Appointments, Removals, Jurisdictions, Suo-Moto, Judicial

Review, Judicial Activism, Public Interest Litigation, Attorney, Advocate, Solicitor General of
Lec 3
India, Tribunals, Subordinate Judiciary : Gram Nyayalayas, Legal Aid, NALSA & Lok
Topics
Adalats, Alternate Dispute Resolution : Arbitration, Mediation, Conciliation,Lawyers : Advocates,
Senior Advocates, Amicus Curiae

Lec 4 Federalism, C/S Relations, Scheduled Areas, Emergency, Local Self Govt.

Legislative Relations & Emergency Provisions, Administrative Relations Financial Relations, Fiscal
Lec 4 Federalism, Inter State Water Disputes Special Cases : Delhi, Scheduled Areas, Special Status &
Topics Category States, Art 370, Art 371, PRI : Structure, ULBs : Structure, PESA, V Schedule, VI
Schedule : Features

Lec 5 Bodies

Lec 5 Constitutional, Statutory, Executive, Regulatory, Anti Corruption, Social Sector/Vulnerable

Topics Sections Related

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 1 : Rule of Law & Constitutionalism
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Meaning :
A legal doctrine wherein decisions taken by the State are based on established and just laws. It
restricts the powers of the State by compelling it to conform to the laws of the land.
International Report :
India ranks 79th out of 142 in the Rule of Law Index 2024 prepared by World Justice Project
Pillars :
Absence of Arbitrary Power
An action taken by the State by the application of their own mind and not the application of
law.
Equality Before Law
Everyone is equally accountable for violating the law and no special treatment for anyone
irrespective of any criteria
Predominance of Legal Spirit
Courts have the power to review an action objectionable to law
Application of Rule of Law in India :
Rule of Law is NOT explicitly mentioned in the Constitution of India but is reflected in many of
our Constitutional Provisions and/or Constitutional principles relating to
Written/Singularly Codified Constitution
Fundamental Rights
Procedure Established by Law and Due Process of Law
Principles of Natural Justice
Democracy and Universal Adult Suffrage
Judicial Independence
Judicial Review
Separation of Powers
Federalism
The Constitution of India places the duty to uphold Rule of Law primarily with the Judiciary.
Essentially a doctrine, the SC has repeatedly recognised Rule of Law as a part of the Basic Structure

Written, SoP, C&B, IoJ,

JR, Parl. Demo,
Federalism

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 PCN 1 : MCP 2025 : Atish Mathur

Term Constitutionalism Constitutional Law Constitution

Meaning A legal concept that seeks Means through which An exhaustive legislation
to limit the powers of the structure and limitations of that singularly seeks to
Govt. the Govt are sought. provide structure and
limitations of the Govt.

1. Constitutionalism :
a. A concept of political science and legal philosophy
which states that it is necessary to limit the powers
Democracy
of the Govt.
b. The doctrine of Rule of Law is the basis of
Constitutionalism.
c. Democracy is non negotiable for both Rule of Law
and Constitutionalism.
d. A Constitutional Govt. is a govt whose powers are
limited. This can be done by Constitutional Laws Rule of Law Constitutionalism
including a Constitution.
e. Governments with unlimited powers can never be
democratic Govts. Therefore, Constitutional
Governments are always democratic Governments.

[Link] Law :
Branch of law dealing with sources of law that determine the structures and/or
limitations of government. Sources include :
Legislation : Constitution (1950), Pres & VP Elections Act, 1952 etc.
Judicial Precedent : Kesavananda Bharti(1973) , Minerva Mills(1980)
Customs/Conventions : senior most SC judge to become CJI

[Link]

Codification Nature of State Modification

Written Unwritten Unitary Federal Rigid Flexible

Consolidated Spread Single Dual Govt
in a single across Govt Centre and
legislation multiple Singapore state
(India, US, laws (UK)
Canada)
Federal Federal
with with state
Unitary bias/tilt
Bias/tilt : US
India

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 2 : Preamble | FR | DPSP | FD : Overview
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Comparative Table of Preamble | FR | DPSP |FR

Criteria Preamble FR DPSP FD

We the People (ultimate

Part III Art 12 - 35
sovereign)
Terms & Conditions :
Sovereign, Socialist, Secular,
Art 12-13, 31, 33 - 35
Democratic, Republic
Substantive Rights
Justice (Social, Eco, Political)
Equality(14 -18)
Liberty (thought, expression,
Freedoms(19)
Provisions faith, belief, worship) Part IV Art 36 - Art 51 Part IVA : Art 51A
Life & Liberty (21)
Equality (status &
Crim. Justice (20 & 22)
opportunity)
Exploitation (23-24)
Fraternity assuring individual
Religion (25-28) Cultural,
dignity, and national
Edu, Minority (29-30)
unity/integrity
Remedies : 32
Enactment Date : 26.11.49

Part of Original
Yes Yes Yes No (via 42nd CA, 1976)
Constitutional Text

Source of Inspiration Objectives Resolution US Constitution Bill of Rights Irish Constitution USSR

Socio Economic
Interpretation Aid, Key to
Democracy,
Purpose minds of Constitution Political & Civil Democracy Citizen Expectations
fundamental for
Makers
governance

Independent Source
of Legis. & Exec. No Yes Yes Yes
Power

Independent
Limitation on Legis. & No Yes No No
Exec Power

Source of Judicial
No Yes No No
Power

Enforceable by
Legislation, Executive Enforceable by Legislation,
Enforceable by Legislation,
Action, NOT Executive Action, NOT
Legal Status No independent legal status Executive Action, Enforceable IN
Enforceable IN a court Enforceable IN a court of
a court of Law (higher judiciary)
of Law (higher Law (higher judiciary)
judiciary)

None (It is not

compulsory for the
Obligation on State None Negative State to make laws or None
provisions to
implement DPSPs)

Negative but only for those

Obligation on Citizens None rights that are available against None None
individuals as well.

Amenability (subject
CA u/a Art 368 Spl.
to Basic Structure CA u/a Art 368 Spl. Maj. II CA u/a Art 368 Spl. Maj. II CA u/a Art 368 Spl. Maj. II
Maj. II
Doctrine)

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 PCN 2 : MCP 2025 : Atish Mathur

Classification of Rights

Criteria Fundamental Right Constitutional Right Legal /Statutory Right

Placement Part III of the Constitution Constitution but not in Part III Any other law

Art 32 & 226 read with art

Nothing specifically mentioned
Enforcement 13(2) Both SC and HC have
in the Constitution, so HC only, unless alternate legal remedy
mechanism in a similar powers (Art 32 and
procedures of Statutory Rights exists
court of law 226)SC can be directly
apply
sought (Art 32)

Amenability Constitutional Amendment

Constitutional Amendment u/a
(Subject to Basic u/a Art 368 Special Majority Simple Majority
Art 368 Special Majority II
Structure) II

No law can violate a FR [Art

Speciality None None
13(2)]

Right to Life & Personal Consumer Rights, Right to Contest

Example Right to Property, Right to Vote
Liberty (Art 21) Elections

Classification of FR

Basis Nomenclature & Meaning Examples

Coverage Citizen Rights - would be explicitly mentioned for each right Art 29 : Cultural and Educational Rights

Universal Rights - ‘person’ shall be mentioned for the right

Art 25 : Freedom of conscience and free
and/or courts shall determine if applicable to non citizens,
profession, practice, and propagation of religion
artificial persons (organisations) etc.

Art 15(1): State shall not discriminate against any

State : would be explicitly mentioned for each right, meaning
Against citizen on grounds only of religion, race, caste, sex,
and interpretation of State as per Art 12 would apply
place of birth, or any of them.

Non State : ‘State’ would not be mentioned, can be enforced

Art 21: Protection of Life and Personal Liberty
against non state actors as well in addition to State

Absolute Rights : Usually declaratory in nature, and do not

T&C Art 17: Abolition of untouchability
contain any reasonable restrictions

Art 19(1)(a) freedom of speech subject of

Non Absolute : Contains reasonable restrictions
reasonable restrictions as per Art 19(2)

Self Executory Rights : Rights which do not need any additional

Sufficiency Art 14: Equality Before Law
law to implement them

Mandatory Non Self Executory : Rights which necessarily need Art 23: Prohibition of traffic in human beings and
to be furthered by an additional law or measure. forced labour

Non mandatory Non Self Executory : Rights which do not

Art 15(3) : Nothing in Art 15 shall prevent the
necessarily require additional laws or measures to be made but
State from making any special provisions for
the State can make laws to further them. These are also called
women and children.
non compulsory rights.

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 PCN 2 : MCP 2025 : Atish Mathur

Classification of DPSP

Basis Nomenclature & Meaning Examples

Nature Gandhian : Grassroot/Conventional Art 40 : Village Panchayats

Socialist : Equitable distribution Art 39A : Legal Aid

Liberal/Intellectual : Remainders Art 44 : Uniform Civil Code

Correlations Important Additions

Possibility Correlation Preamble :

1. 42 CA 1976 :
a. Socialism, Secularism, Integrity
Rights & Duties Yes

Fundamental Rights :
UDHR (1948) & Preamble, FR, 1. 86th CA 2002
Yes
DPSP, FD a. Art 21A : Right to Education
2. 97th CA 2011 :
FR & FD No a. Art 19(1)(c) : Added cooperative societies to the freedom to
form association and unions
3. 103 CA 2019 :
FR & DPSP No a. Art 15(6) and Art 16(6) : 10% EWS Quota in Education and
Public Employment
DPSP and FD No
Directive Principles of State Policy
1. 42 CA 1976
FR & LR (Legal Rights) No
a. Art 39(f): Secure opportunities for healthy development of
children
FD & LD (Legal Duties) No b. Art 39A: Equal justice and free legal aid
c. Art 43A : Participation of workers in management of
industries
d. Art 48A : Protection and improvement of environment and
International HR Doc Status safeguarding of forests and wild life
2. 44 CA 1978
International HR Document India’s Status a. Art 38 : State to secure a social order for the promotion of
welfare of the people
UHDR (not legally binding) Supported 3. 86 CA 2002
a. Art 45 : Early childhood care and education to children
below the age of six years
ICCPR, ICESCR, CEDAW(Women), 4. 97 CA 2011
CRC(Child), CRPD(Disabilities),
a. Promotion of co-operative societies
ICERD(Racial Discrimination), ILO Ratified
Conventions (Forced & Child
Labour) Fundamental Duties
1. 42 CA 1976
a. Art 51A : Fundamental Duties were added
CAT(Torture) Signatory
2. 86 CA 2002
a. parent or guardian to provide opportunities for education
to his child between the 6 - 14 years

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 3 : Preamble
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Criteria Issue

Historical Inspiration Objectives Resolution - J. Nehru - Constituent Assembly 1946

Special Phrasing ‘key to Constitution makers’ minds’; ‘Identity Card’; ‘Political horoscope’

Part of the Constitution Yes (Kesavananda Bharti v. State of Kerala, 1973)

Relationship with Basic Structure

Objectives are a part of Basic Structure, the Preamble as a whole is not.
Doctrine

Amendment Procedure Under Art 368 without State Ratification (Special Majority II)

Extent of Amendment Changes can be made without altering the meaning of objectives

Any Changes 3 additions via 42nd CA 1976 : Socialism, Secularism, Integrity

1. Not a source of legislative or executive power

2. Not enforceable in a court of law, cases cant be initiated solely on its basis
3. Judgements cant be given solely on the basis of it
Legal Status 4. No independent legal status
5. Can be supplemented as a referral source with an enforceable provision
6. Enacting Clause : Few constitutional provisions enforced on 26 Nov 1949
a. 5, 6, 7,8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, 394

Phrase Meaning

Phrase Meaning
Addressing root causes of inequality
Justice
(Social, Economic, Political)
External and Internal Non
Soveriegn Interference
Independent Nation Max development of oneself
Liberty No/Limited external constraints
(thought, expression, faith, belief, worship)
Socialist State Intervention for Welfare

Absence of Privilege, Similar Treatment

Religious Freedom, No State Equality
Secular (Status & Opportunity)
favourites,

Fraternity Common Sense of belonging

Reflection of Public Will, Ministerial
Democratic
responsibility towards Legislature
Unity Social and Cultural Harmony

Republic Elected Head of State

Intergrity Territorial and National Int. Paramount

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 4 : Equality
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Reflections of Equality

Absence of Arbitrariness

Rule of Law Equality Before Law Constitutionalism

Legal Spirit

Equality

Formal Equality/Equality Equity Justice

(everyone treated equally) (allocating need based resources) (solving root causes of inequality)

Equality Before Law

Equal Protection of Law

Treat Like Alike Everyone alike is not similarly alike

Absence of Privileges No discrimination
Affirmative Action

Reasonable Exemptions Allowed

Reasonable Classification

Reasonable objectives which can be

Fair basis of creating a
achieved by creating such a special
special group
group
(Intelligible Differentia)
(Rational Nexus)

If not so, then

Arbitrariness (Hence Art 14 is linked to Art 21)

Violation of

Procedure Established by Law Due Process of Law Principles of Natural Justice

Provisions Overview

Art 14 Art 15 Art 16 Art 17 Art 18

Equality Before Law Non Discrimination Non Discrimination Untouchability No titles

in govt jobs Prohibited
Equal Protection Spl. Provisions for
of Law Women & Children

Edu Reservation for Govt. Job Reservation

SC, ST, OBC, EWS for SC, ST, OBC, EWS
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 PCN 4 : MCP 2025 : Atish Mathur

Prelims EBL Centric Rights

Provision For Against Method Key Components

1. Components
a. Equality Before Law & Courts of Law
b. Equal Protection of Law
2. Exemptions
a. Art 31C : Laws implementing Art 39(c) and (d)
b. Art 105/194 : MP/MLA Immunities/Privileges
c. Art 359(1) : Emergency Proclamation
d. Art 361 : President & Governor Immunities
Art 14 All State Self Executory
i. Professional Actions : Absolute Civil and
Criminal
ii. Personal Actions : Criminal till holding
office, and 2 months notice prior starting
civil proceedings
e. Art 361A : Immunity while publishing true
reports of Parliamentary Proceedings
f. Diplomatic Immunity

1. No discrimination on basis of CRRSP (Caste,

Art 15(1) Citzens State Self Executory
Religion, Race, Sex, Place of Birth)

1. No discrimination on basis of CRRSP (Caste,

Religion, Race, Sex, Place of Birth) while
a. Accessing public recreational facilities
Art 15(2) Citizens All Self Executory
irrespective of ownership
b. Accessing public utilities maintained by the
State

Art 16(1) Citzens State Self Executory Equal opportunity in State employment

No discrimination on basis of DR - CRRSP (Descent,

Art 16(2) Citizens State Self Executory Residence, Caste, Religion, Race, Sex, Place of Birth)
in govt jobs.

1. Untouchability of ANY kind is prohibited and

should be made an offence by law by the State
Non Self
Art 17 All State a. State has made Protection of Civil Rights Act,
Executory
1955 and Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989

1. State can give Military/Academic Titles only.

(Awards are not Tittles)
2. Citizens can’t accept foreign titles
Art 18 All State Self Executory 3. Foreigners working for State can’t accept foreign
titles
4. Anyone working for State can’t accept foreign
office and consideration of any kind.

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 PCN 4 : MCP 2025 : Atish Mathur
EPL Centric Rights

Provision For Against Method Key Components

All
Non Self
Art 15(3) women & State State can make special provisions for women & children
Executory
children

1. State can make special provisions for SC, ST, SEBC (SEBC
Non Self
Art 15(4) Citizens State and OBC are interchangeably used)
Executory
a. Added via 1st CA, 1951

1. State can make provision ONLY by law regarding

admission to institutions such as State aided/State
Non Self
Art 15(5) Citizens State unaided/private educational institutions except minority
Executory
educational institutions
a. Added via 93 CA, 2005

1. State can make any provision, regarding admission to

institutions such as State aided/State unaided/private
educational institutions except minority educational
Non Self
Art 15(6) Citizens State institutions for EWS and if provision is about reservation,
Executory
it can’t more than 10% and would be separate from other
reservations.
a. Added via 103 CA, 2019

Non Self Parliament can make laws allowing specific state or UT

Art 16(3) - State
Executory residential requirements for those state or UT govt jobs.

Non Self State can make special provisions for Backward Classes (now
Art 16(4) Citizens State
Executory read as OBCs)

1. State can make special provisions providing reservation

for SC and ST are recruitment at entry and promotions
Art Non Self
Citizens State retaining consequential seniority
16(4A) Executory
a. Overall provision added via 77th CA, 1995 and
Consequential Seniority added via 85th CA, 2001

Art Non Self 1. Carry forward policy for all reserved sections except EWS
- State
16(4B) Executory a. Added via 81st CA, 2000

People heading or managing religious institutions can be from

Art 16(5) All State -
that specific religion

1. State can make any provision providing reservation of

Non Self
Art 16(6) Citizens State 10% in govt jobs for EWS over and above other sections
Executory
a. Added via 103 CA, 2019

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 PCN 4 : MCP 2025 : Atish Mathur

Overall Policy Outline

Group -> Criteria SC ST OBC EWS

The President, by
The President, by
public The President, by public Government Policy;
public notification as
Specified By notification as notification as per Art. Effectuated via
per Art. 342 of the
per Art. 341 of 342A of the Constitution. Government notification.
Constitution.
the Constitution.

Centre State Parity No (Separate Central &

Yes Yes Yes
(Valid pan India) State OBC)

Inter State Parity

No No No No
(Issued pan India)

Applicable; As per set

criteria based on
Creamy Layer Not Applicable Not Applicable Household Income and Not Applicable
Parents’ Rank in
Government service.

No formal sub
No formal sub
classification at No formal sub classification
classification at national No formal sub
Sub Classification national level; at national level; Applicable
level; states can sub- classification
states can sub- in some states.
classify
classify

Education & Employment Reservation

Group - Enabling
Method Quantum Special Remarks
> Criteria Provisions

School Art. 15(5) Art. 15(6) Sec. 12, RTE Act, 2009; Basis - EWS - Public &
Min 25%
Education Art. 21-A. Private Schools

Central Educational 15% for SC SC ST OBC Cap at

Higher Art. 15 (5), Institution (Reservation in 7.5% for ST 50%
Education Art. 15 (6) Admission) Act, 2006; 27% for OBC Does not apply to
Respective state laws 10% for EWS minority institutions

SC ST OBC Cap at
50%
Art. 16 (4), (4A), (4B),(6)
15% for SC Promotion
Art. 335 (admin
Public Guidelines, Orders and 7.5% for ST Reservation with
efficiency must not be
Employment Notifications etc. 27% for OBC Seniority only for SC
compromised while
10% for EWS ST
giving reservation)
Carry Forward for SC
ST OBC not for EWS

General Provisions
Art 46: Directs the State to promote the educational and economic interests of SCs, STs, and other weaker sections and
protect them from social injustice and exploitation.
Art 340: Empowers the President to appoint a commission to investigate the conditions of backward classes and
recommend measures for their welfare. (Hence, NCSC, NCST, NCBC)

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 PCN 4 : MCP 2025 : Atish Mathur

SC on Education Reservation
State of Madras v. Champakam Dorairajan (1951)
Declared castebased reservations in educational institutions unconstitutional under Art 29(2),
leading to the First Constitutional Amendment (1951), which inserted Art 15(4).
Indra Sawhney v. Union of India (1992)
Upheld 27% OBC reservation in employment and introduced the concept of the "creamy
layer" for OBCs but ruled that reservations do not apply to promotions. This principle was
later extended to educational institutions.
T.M.A. Pai Foundation v. State of Karnataka (2002)
Held that private unaided institutions have the right to admit students but cannot be forced
to implement state reservations.
P.A. Inamdar v. State of Maharashtra (2005)
Ruled that reservations cannot be imposed on private unaided institutions, leading to the
93rd Constitutional Amendment, inserting Art 15(5).
Janhit Abhiyan v. Union of India (2022)
Upheld the 103rd Constitutional Amendment, validating the 10% EWS reservation.

SC on Employment Reservation
Indra Sawhney v. Union of India (1992):
Upheld OBC reservations under Art 16(4) but excluded reservations in promotions.
Capped total reservations at 50%, barring exceptional circumstances.
Introduced the concept of the "creamy layer" to exclude economically advanced sections
within OBCs from reservation benefits.
M. Nagaraj v. Union of India (2006):
Upheld constitutional amendments allowing reservation in promotions (Arts 16(4A) and
16(4B)).
Mandated states to provide quantifiable data on backwardness, inadequate representation,
and administrative efficiency before implementing such reservations.
Rajeev Kumar Gupta v. Union of India (2016):
Allowed reservation in promotions for persons with disabilities under the Persons with
Disabilities Act, 1995, stating it does not violate Art 16.
Jarnail Singh v. Lachhmi Narain Gupta (2018):
Removed the requirement to prove "backwardness" for SCs/STs while implementing
promotion reservations.
Reaffirmed that states must collect quantifiable data on inadequate representation and
ensure administrative efficiency.
Janhit Abhiyan v. Union of India (2022):
Upheld the constitutionality of the 103rd Amendment, which introduced EWS reservations.
State of Punjab v Davinder Singh (2024)
Upheld the constitutional validity of subclassification in the Scheduled Caste and Scheduled
Tribe categories.

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 5 : Freedoms
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Freedom Reasonable Restrictions

Outcomes
(Only for Citizens) (only by Law)

1. Sovereignty & Integrity#

2. Security SC Interpretations
3. Foreign Friendly* relations Against State and other citizens both
4. Public Order* Right to information (RTI Act)
5. Decency/Morality Freedom to remain silent (read with Art
Speech & Expression 6. Contempt of Court 20)
19(1)(a) 7. Defamation Includes freedom of press
8. Offence Incitement* Voters have a right to know (Electoral
bonds)
[under Art 19(2)] Censorship
(*Added via 1st CA, 1951) Against arbitrary internet shutdowns
(#Added via 16 CA, 1963)

SC Interpretations
1. Sovereignty & Integrity# Dissent
Peaceful Assembly 2. Public Order Does not include right to strike
without Arms [under Art 19(3)] Includes the right to peaceful protest
19(1)(b) (#Added via 16 CA, 1963) Sedition only when speech incites
violence (BNS does not include
explicitly include Sedition anymore)

Form associations or 1. Sovereignty & Integrity#

unions or co- operative 2. Public Order SC Interpretations
societies^ 3. Morality Right to not join
19(1)(c) [under Art 19(4)] Does not include the right to be State
(^Added via 97 CA, (#Added via 16 CA, 1963) recognised
2011)

SC Interpretations
Move freely [19(1)(d)], 1. General Public Interest Inter and intra state movements included
reside, settle in India’s 2. ST Interest but subject to restrictions
Territory [19(1)(e)] [under Art 19(5)] Arrests, Imprisonments, Preventive
Detention, Containment etc permissable

1. General Public Interest

2. Professional/Technical
POTB (Profession, SC Interpretations
Qualifications
Occupation, Trade, Education is a charitable activity and can
3. Nationalisation*
Business) be subjected State Regulation such as Art
[under Art 19(6)]
[19(1)(f)] 21A etc.
(*Added via 1st CA, 1951)

[Link] | contact@[Link] | [Link]

 PCN 5 : MCP 2025 : Atish Mathur

Key Provisions of the Information Technology (IT) Act, 2000​:

1. Legal Recognition of Electronic Records: Recognises electronic records and signatures as legally valid.
2. Electronic Governance:
Enables e-filing and digital transactions, recognition of contracts formed through electronic means.
3. Compensation for :unauthorised access or damage to computer systems and failure to protect sensitive personal data.
4. Cybercrimes and Offences:
Section 65: Tampering with computer source documents.
Section 66: Identity theft, impersonation, and fraud.
Section 66F: Cyber terrorism.
Section 67: Publishing obscene content electronically.
Section 69: Government’s power to intercept, monitor, and decrypt information.
Section 69A: Power to block public access to information.
5. Intermediary Liability:
Section 79: Provides conditional immunity to intermediaries from liability for user-generated content.
6. Cybersecurity:
Section 70B: Establishes the Indian Computer Emergency Response Team (CERT-In) for cybersecurity incident
response.
7. Jurisdiction:
Section 75: IT Act applies to offences committed outside India if they impact an Indian system.
8. Miscellaneous:
Section 81: The IT Act overrides other laws in case of conflicts.
Section 85: Companies are liable for cybercrimes committed by employees.

Key Provisions of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021​:
1. Due Diligence by Intermediaries:
Publish user policies prohibiting illegal content (e.g., child abuse, hate speech, misinformation).
Remove unlawful content within 36 hours of a government or court order.
Retain user data for 180 days after account closure.
Report cybersecurity incidents to CERT-In.
2. Grievance Redressal Mechanism:
A three-tier structure for grievance redressal: self-regulation by publishers, self-regulation by self-regulating bodies, and
an oversight mechanism by the Central Government.
Grievance Officer: Appointed by intermediaries to handle complaints within 24 hours and resolve them within 15 days.
Grievance Appellate Committee (GAC): Established by the government to review complaints that remain unresolved.
3. Significant Social Media Intermediary (SSMI) Compliance:
Platforms with a large user base (threshold set by the government) must:
Appoint Chief Compliance Officer, Nodal Contact Person, and Resident Grievance Officer.
Publish monthly compliance reports.
Enabling identification of the first originator of information on its platform
Deploying technology-based measures to proactively identify and remove information depicting child sexual abuse
or rape.
Providing users with a mechanism to voluntarily verify their accounts.
4. Content Moderation & Fact-Checking:
Online curated content must be classified into categories (U, U/A 7+, U/A 13+, U/A 16+, A) based on themes, violence,
nudity, sex, language, drug use, and horror.
Prohibition of Misinformation: False content about government business can be flagged by fact-check units.
Platforms must ensure age-gated content for minors.
Publishers of news and current affairs content and online curated content must adhere to a Code of Ethics. The
Ministry of Information and Broadcasting oversees adherence to the Code of Ethics, develops an Oversight Mechanism,
and can issue guidance and advisories to publishers.
5. Digital News and OTT Regulations:
Online publishers must adhere to a three-tier grievance mechanism for digital content.
OTT platforms must self-classify content based on age appropriateness.
6. Online Gaming Regulations (2023 Amendments) :
Online games involving real money must be verified by self-regulatory bodies.
Ban on betting and harmful online games.
Gaming platforms must conduct user KYC verification.

[Link] | contact@[Link] | [Link]

 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 6 : Life, Liberty, Education
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Provision For Against Method Key Components

1. Components : Life & Personal Liberty

2. Inclusions
a. Livelihood & Shelter
b. Dignified death & living will subject to conditions
c. Privacy (Puttuswamy, 2017)
i. decriminalisation of homosexuality
ii. right to marry not available for same sex couples
d. Justice Related
i. Free Legal Aid
ii. Speedy Trial
e. Environment Related
i. Against climate change (2024)
ii. polluter pays
iii. inter generational parity
iv. sustainable development
v. clean environment
3. Exception
a. Procedure Established by Law : Procedure as per the
law should be followed irrespective of it being fair or
State & Self
Art 21 All not.
Private Executory
b. Due Process of Law implied (Maneka Gandhi - 1980)
i. Procedure as per law should be fair
ii. Principles of Natural Justice also implied to check
fairness of procedural law, PoNJ includes
1. Nemo judex in causa sua : No one should be
made a judge in their own case and Rule
against bias
2. ‘Audi alteram partem : no one should be left
unheard
3. PoNJ primarily applies to administrative or
quasi judicial actions/authorities
iii. Later substantive law should be fair also included
within meaning of Due Process of Law (several
post Maneka Judgements)
4. Interrelationships (As per Maneka Gandhi Case)
a. Issues concerning both 19 & 21 : 14, 19, 21 should
not be violated
b. Issues concerning only 21 : 14 and 21 should not be
violated

1. Supplemented by RTE Act & Rules

All
2. Enables reservation in School Education
children Non Self
Art 21A* State 3. Applies to private unaided schools as well.
(6-14 Executory
4. Does not apply to minority educational institutions under
years)
Art 30

*86th CA, 2002 is the only CA that amends FR, DPSP, FD simultaneously. Added Art 21 A, changed Art 45 (DPSP : from 6-14
to 0-6 years), added Art 51A(k) (FD)

[Link] | contact@[Link] | [Link]

 PCN 6 : MCP 2025 : Atish Mathur

NFSA, 2013
School Edu NCPCR
(Concurrent List) RTE Act, 2009
Right to Education Art 21A PM Poshan
SCPCR
RTE Rules

Key Provisions of RTE Act, RTE Rules, and PM Poshan Scheme

1. Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
Every child (6-14) has the right to free and compulsory education in a neighbourhood school.
Requires private unaided schools to reserve 25% of seats for children from economically weaker
sections (EWS) and disadvantaged groups.
Schools cannot demand any donation or fee for admission.
No child can be denied admission for lack of documents.
No child shall be subjected to physical or mental harassment.
National Council for Teacher Education (NCTE) is authorized to prescribe minimum qualifications
for teachers in elementary education (Classes I-VIII)
Passing the Teacher Eligibility Test (TET) is mandatory for appointment as a teacher in both
government and private schools
TET is conducted by the appropriate government (Central or State) following NCTE guidelines
A defined teacher student ratio is to be maintained to ensure quality education.
National and State Commissions for Protection of Child Rights monitor the implementation.
School Management Committees to be setup to ensure participatory governance in schools
Schools must fulfil set criteria to be eligible to be a RTE School.
States are required to frame their own rules under the RTE Act while adhering to its core principles

2. Right of Children to Free and Compulsory Education (Amendment) Rules, 2024 (RTE Rules)
Mandatory exams for Class 5 and 8.
Students failing to meet the criteria will receive additional instruction and re-examination
within two months. If they fail again, they may be held back in Class 5 or 8.
Schools cannot expel any student before completing elementary education.

3. Pradhan Mantri Poshan Shakti Nirman (PM POSHAN)

Previously known as the Mid-Day Meal Scheme, PM POSHAN (2021-26) provides hot cooked meals to
children in Government and Government-aided schools. New features added :
Inclusion of Balvatika: Pre-school (Balvatika) children are also eligible.
Tithi Bhojan: Community participation in providing special meals on festivals.
School Nutrition Gardens: Schools encouraged to grow vegetables for meals.
Social Audit: Mandatory in all districts for transparency.
Vocal for Local: Use of locally sourced food to promote millets, vegetables, condiments, etc.
Special Focus: Additional nutrition for aspirational and tribal districts.
Disaster Management: Provision of meals or Food Security Allowance during school closures due to
disasters.
Quality & Hygiene: Schools must procure Agmark-certified food, and meals must be tasted by
teachers before serving.

[Link] | contact@[Link] | [Link]

 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 7 : Criminal Justice
(to be referred along with Lec 1 : Magna Carta Prelims 2025)

Stakeholders

Criminal Law & Police Prosecutors Courts Prisons

Procedure (State List) (BNSS/CrPC) SC/HC (State List)
(Concurrent List) Public Order Represents State Sessions/District Judge Prison Act, 1884
BNS (IPC) Police Act, at criminal trial Chief Judicial Magistrate (JM) Transfer of Prisoners
BNSS (CrPC) (1881) JMFC (First Class) Act, 1950
BNA (IEA) State Acts & JM SC (Second Class) Repatriation of Prisoners
Manuals Executive Magistrate Act, 2003
(Descending order of awarding Model Prisons Act, 2023
punishments)

Crime & Offence

All offences are crimes, but not all crimes are offences under Indian law.
Offences are violations of the law that are defined and punishable under specific laws, while crimes are broader wrongful
acts that may or may not be defined and punishable under Indian law. Eg. Marital Rape is a crime but not an offence.

Types of Offences

Bailable Non Bailable Cognizable Non - Cognizable Compoundable Non -Compoundable

Bail as a right, Discretionary Arrest w/o Arrest only upon Affect individuals Affect individuals
less serious Bail, warrant warrant Can be settled & society
offences, More serious Investigation No investigation mutually between Can’t be settled
can be granted offences, can begin w/o court parties
by courts and Can only be without Court permission Sometimes,
police granted by permission No direct FIR, court’s
(bail as such courts FIR must be complaint permission is
not defined) registered forwarded to required to settle.
immediately Court/Magistrate

Journey of a Crime
Reporting Investigation Trial
Can be reported to Closure Report/ Acquitted (Not guilty)
Witness, Evidence,
Police Charge Sheet Convicted (Guilty)/Sentencing
Forensics are examined.
Magistrate Death (rarest of the rare)
Jail (life - 14, tenure) {lifetime in some cases)
Fine
Summons (Arrest, Search, Seizure) can be issued by Court/Magistrate only
FIR not defined anywhere Accused Arrested (Warrant or w/o warrant)
Arrest: To take a person into legal custody.
It is done by Police officers, to prevent Produced before Magistrate within 24 hours
escape and begin Investigation. Custody requested if further needed
Custody: The Act of detention of a person Police Custody : Shorter, direct police investigation
by legal authorities. Arrest is just the initial
Judicial Custody : Longer, police need court permission to interrogate
action that leads to custody.
Remand: Sending an accused person to Plea Bargaining
judicial custody (jail) or police custody after Introduced in 2005, defendant/accused agrees to plead guilty in exchange for
arrest while awaiting trial or further concessions from the prosecutor or court.
investigation. It is ordered by a magistrate.
I.e., remand leads to Custody. Does not apply to offences leading to 7+ years of imprisonment, women &
children, adversing socio economic conditions of society

Sentencing can be reversed, lightened, reduced by President/Governor subject to Constitutional division of Union & State Legislative Powers.
Jail Time can also be shortened/adjusted subject to laws - Parole - discretionary, Furlough - temporary due to an emergency

[Link] | contact@[Link] | [Link]

 PCN 7 : MCP 2025 : Atish Mathur

Constitutional Protections

Provision Remarks

No ex post facto criminal law

Art 20(1) criminal law or liability cannot be applied retrospectively
does not apply to procedural changes

Double Jeopardy
autrefois convict : if convicted for an offence, cannot be prosecuted and/or punished again for
the same offence.
Art 20(2)
does not apply to administrative enquiries
autrefois acquit (does not apply in India) : even if acquitted for an offence, cannot be tried again
for the same offence

Self Incrimination
Art 20(3) person has to officially ‘accused’ of an offence
can’t be forced to be a witness or give evidence against themselves

Arrest
available for all
right to legal counsel
right to be informed
to be produced before a magistrate within 24 hours (travel time and holidays not counted)
Preventive Detention (Union & Concurrent List)
not available for enemy aliens
right to be informed
no right to legal counsel, but can challenge detention order
Preventive Detention laws cannot allow for than 3 months of detention
In case more, advisory board comprising of HC Judges or equivalent must approve
Art 22 Major Laws : UAPA, PMLA ‘02, National Security Act ‘80, AFSPA ‘58, Official Secrets Act 1923
UAPA, 1967 (4 major amendments : ‘04, 08, ‘12, ‘19)
Extends to the entire country and also applies to Indian citizens outside India.
Establishes a Tribunal to adjudicate if an association should be banned.
Defines terrorist acts, including acts causing harm to India's unity, integrity, security, or
economic security.
Allows seizure of proceeds of terrorism, including funds and assets used for terrorist
purposes.
Individuals can also be declared as terrorists not just organisations.
Provides death penalty or life imprisonment for terrorist acts.
Denies bail if prima facie evidence exists against the accused.
Allows electronic evidence & intercepted communications as admissible evidence.

Unique features of new criminal laws

BNS (IPC) BNSS (CrPC)

Adds terrorism & organised crime as offences Mandates forensic investigation for offences punishable with
Includes crimes such as kidnapping, extortion and cyber- seven years of imprisonment or more.
crime committed on behalf of a crime syndicate. Petty All trials, inquiries, and proceedings may be held in electronic
organised crime is also an offence now mode. Production of electronic communication devices, likely
Murder by a group of five or more persons on grounds of to contain digital evidence, will be allowed for investigation,
certain identity markers such as caste, language or personal inquiry, or trial.
belief will be an offence with penalty life imprisonment or If a proclaimed offender has absconded to evade trial and
death, and with a fine there is no immediate prospect of arresting him, the trial can
be conducted and judgement pronounced in his absence.

[Link] | contact@[Link] | [Link]

 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 8 : Exploitation & Child Labour
(to be referred along with Lec 1 : Magna Carta Prelims 2025)
Right Against Exploitation

Provision Important Aspects

Against State & Private : People’s Union for Democratic Rights vs. Union of India (1982)
Human Trafficking : Exploitation of any kind, consent is immaterial
Begar : Forced work without pay
Forced Labour : Forced with less than minimum wage pay or no pay
Bonded Labour : Forced work due to inability to pay debt
Bandhua Mukti Morcha v. Union of India (1984)
Art 23(1) Trafficking defined under BNS, 2023;
Included as an Organised Crime under BNS, 2023.
Covers slavery as well as sexual exploitation.
International Instruments (India has ratified both)
UN Convention against Transnational Organised Crime, 2000
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children (Palermo Protocol)

Allows for State to impose compulsory service without discriminating on religion, race, caste, or
Art 23(2)
class or a combination of them.

Prohibits child labour below age of 14 in hazardous places.

Implemented by Child Labour (Prohibition and Regulation) Act, 1986 (Conditions added in 2016
to balance with RTE) :
Art 24
0-14 : No child labour except in Entertainment and Family Establishments without affecting
their studies
14-18 : No child labour in Mines, Explosives, Inflammable Substances Industries

Immoral Traffic Bonded Labour Protection of Children

Juvenile Justice
Feature (Prevention) Act, System (Abolition) From Sexual Offences
Act, 2015
1956 Act, 1976 Act, 2012

Trafficking for Exploitation of Protects children from Children at risk of

Purpose commercial sexual persons as bonded sexual abuse and trafficking & forced
exploitation. labour. exploitation labour

District Magistrate,
Rescue Trafficking Police Child Welfare
State govt may allow Preferably women
Investigation Officers, Special Police Officers,
Executive Magistrate officers, Special Courts
Trial Courts Special Courts
to hear cases

Child Welfare
Vigilance committees
Committee decides
Protective Homes, focus on providing
Relief and whether to send
intermediate safe economic N.A.
Rehabilitation the child to parents
custody of victims. rehabilitation, and
or a rehabilitation
credit to freed labour
home.

[Link] | contact@[Link] | [Link]

 PCN 8 : MCP 2025 : Atish Mathur
Labour Policy
ILO (HQ - Geneva, Swiss)
India is a founder member since 1919
Tripartite character : At every level of ILO, Governments are associated with the two other social partners, namely
the workers and employers. All the three groups are represented on almost all the deliberative organs of the ILO and
share responsibility in conducting its work
Core Conventions ratified by India
Forced Labour Convention (No. 29)(1930 & 2014 Protocol)
Abolition of Forced Labour Convention (No.105) (1957)
Equal Remuneration Convention (No.100)(1951)
Discrimination (Employment Occupation) Convention (No.111)(1958)
Minimum Age Convention(No.138)(1973)
Worst forms of Child Labour Convention (No.182)(1999) (Universally ratified by all ILO Member states)

New Labour Laws (Labour = Concurrent List)

New Law Laws Subsumed Important Features

Code will apply to all employees

Wages include salary, allowance, or any other
1. Payment of Wages Act, 1936
component expressed in monetary terms.
Code on Wages 2. Minimum Wages Act, 1948,
Does not include allowances & bonuses
2019 3. Payment of Bonus Act, 1965
Centre will fix a floor wage, taking into account living
4. Equal Remuneration Act, 1976
standards of workers, can vary geographically
Minimum Wage > Floor Wage

10% min workers to be a part of Trade Union for it to

1. Industrial Disputes Act, 1947,
Industrial be registered
2. Trade Unions Act, 1926,
Relations Code, Provides for Negotiation Unions
3. Industrial Employment
2020 Prohibits employers, workers, and trade unions from
(Standing Orders) Act, 1946
committing any unfair labour practices

Occupational 1. Factories Act, 1948

Safety, Health 2. Mines Act, 1952, Establishments employing at least 10 workers
and Working 3. Contract Labour (Regulation Employers to ensure hazard free work place, annual
Conditions and Abolition) Act, 1970. health checkups,
Code, 2020 4. 10 other laws

1. Employees’ Provident Funds Gig workers - workers outside of the traditional

and Miscellaneous Provisions employer-employee relationship (e.g., freelancers)
Act, 1952; Platform workers - access other organisations or
Code on Social
2. Maternity Benefit Act, 1961; individuals using online platforms and earn money by
Security, 2020
3. Unorganised Workers Social providing them with specific services.
Security Act, 2008 Unorganised workers- home-based and self-employed
4. 6 other laws workers.

Laws governing Provident Fund, Child Labour, Manual Scavenging, Bonded Labour not subsumed under any Labour Code
POSH Act, 2013 (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act)
Organisations with 10 or more employees must constitute an ICC to address sexual harassment complaints.
The ICC should have a woman presiding officer, at least two employee members, and one external member with expertise
in sexual harassment issues
Local Committee set up at the District Level
Vishakha v. State of Rajasthan (1997) [Victim was Bhanwari Devi, Vishakha was the name of the NGO]
Sexual harassment as a violation of Art 21
Court defined sexual harassment and issued guidelines as Judicial Legislation in force until 2013 legislation.

[Link] | contact@[Link] | [Link]

 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 9 : Religion, Minority, Cultural & Educational Rights
(to be referred along with Lec 1 : Magna Carta Prelims 2025)
Religion Related Provisions

Source Provision Additional Info

Secularism (Added via 42nd CA, India is secular but not an anti-religious State - Seervai
Preamble
1976) Based on principles of Equality, Liberty, and Neutrality

Right to convert not a FR

Subject to the following limitations
Public order
Health
Morality
conscience, profess, practice,
Other provisions of Part III
Art 25 propagate
Laws
Available for all
governing non religious aspects of a religious practice,
social reform and welfare
assuring access to all sections of Hindus (incl.
Buddhists, Jains, Sikhs) to public Hindu religious
institutions

As per Shirur Mutt Case (1954), has 3 components -

Collection of individuals having common faith
Religious Denominations (RD) can
An organisation
establish and maintain
Designation of that organisation by distinctive name
institutions for religious and
Eg - Radha Swamis, Lingayats, Vaishnavas, Swetamber Jains,
charitable purposes
Gowada Saraswat Brahmins and Dawood Boharas
manage their religious affairs
Art 26 Charitable and religious institutions - Concurrent List
acquire movable and
Central Laws
immovable property
Waqf Act, 1995, The Sikh Gurdwaras Act, 1925
administer such property as
State Laws
per law
Karnataka Hindu Religious Institutions and Charitable
RD not defined in CoI
Endowments Act, 1997, Andhra Pradesh Charitable
and Hindu Religious and Endowments Act, 1987

Art 16(5) Law can be made ensuring members of bodies governing religious institutions are of the same religion

no specific taxes for promotion of

equal aid to all religions is not barred
Art 27 maintenance of a specific religion
fees can be levied for a specific religion or RD.
or RD

No religious instruction in fully State funded Edu. Insti.

In case of Edu. Insti. run by State but established under any
trust or endowment, religious instructions can be imparted if
religious instruction/worship in
Art 28 the trust or endowment prescribes.
education institutions
In case of Edu. Insti. which are aided or recognised by the
State, no person can be compelled to take part in religious
instructions. However, voluntary participation is allowed

[Link] | contact@[Link] | [Link]

 PCN 9 : MCP 2025 : Atish Mathur

Uniform Civil Code (Liberal/Intellectual DPSP)

Personal Laws - Concurrent List
SC called for UCC Implementation in Shah Bano Begum (1985), Sarla Mudgal (1995), Valentina
Pereira (2019)
Registration of Marriages compulsory as per SC Judgement (Seema v. Ashwini Kumar, 2008)
Several states have formulated laws and orders implementing the SC judgement
Min Age to Marry - 21 for men and 18 for women (Prohibition of Child Marriage Act, 2006)
Live-In Relationships - (Built through SC Judgements)
Right to cohabit without marriage for consenting adults above 18 years.
Art 44
Women in live-in relationships are entitled to protection under the Protection of Women from
Domestic Violence Act, 2005
Right to maintenance to women in live-in relationships under certain conditions
Significant cohabitation period
Monogamous relationship
Partners of legal marriageable age
Consensual relationship resembling marriage
Children born from live-in relationships have property rights and are considered legitimate.
No inheritance rights to each other's property unless jointly acquired

Cultural, Educational, and Minority Related Provisions

Source Provisions

Section of citizens residing in any part of the territory of India, having distinct script, language or
Art 29(1) culture have a right to conserve the same
No subjected to reasonable restrictions embodied in Article 19(6)

Safeguards to all citizens including minorities against discrimination in the matter of admission to State
Art 29(2) maintained or State aided educational institutions on the grounds only of religion, race, caste,
language or any of them

Religion based and Linguistic minorities shall have the right to establish and administer educational
Art 30(1)
institutions of their choice.

Added via 44th CA, 1978 (Abolition of Right to Property)

Art 30(1A)
Govt acquisition of property of minority institutions must not dilute their parent right under Art 30(1)

Art 30(2) State can’t discriminate against minority educational institutions while giving grants

Added via 7th CA, 1956 (Enabling State Reorganisation Act, 1956)
Art 350A States to provide for mother tongue medium edu. in primary edu for linguistic minorities within the
states, President can also issue such directions if necessary

Added via 7th CA, 1956 (Enabling State Reorganisation Act, 1956)
Special Officer for Linguistic Minorities
Art 350B
Apptd. by President, reports to be laid before Union & State Legislatures and sent to both Govts.
No qualifications, tenure, removal process mentioned.

[Link] | contact@[Link] | [Link]

 PCN 9 : MCP 2025 : Atish Mathur

Minorities

(Not defined in CoI)

Minorities should be less

than 50% of state
Religion Based Linguistic
population
TMA Pai Foundation Case
(2002)
National Commission Not defined
of Minorities Act,
1992
Distinct language or script

1. Muslims,
2. Sikhs, Language of the minority
3. Christians, group need not be one of
4. Buddhists, the 22 languages of VIII
5. Jain Schedule
6. Zorastrians (Parsis)
State level
mother tongues are
different from the
principal language of
the State

District/Taluka/Tehsil level
different from the principal
language of the district or
Minority Institutions taluka/tehsil

A.P. Christians Medical Educational Society Case ((1986) Aligarh Muslim University Through its Registrar
Dayanand Anglo Vedic (DAV) College Case 2013) Faizan Mustafa v Naresh Agarwal (2024)
Conditions - 3 fold test :
1. Established by minority in that state 1. genesis of the institution
2. Administered by minority in that state 2. purpose of establishing the institution
3. Primarily for benefit of minorities of that state 3. steps taken to implement the establishment,
such as who provided the funds, land, etc.
State Intervention in Minority Edu. Institutions

Since Education is in Concurrent List, and regulation of Reservation & Minority Institutions
Higher Education is in Union List, state can prescribe
minimum standards of education religious minority edu. SC/ST/OBC/EWS Reservation not applicable to
Institutions to give recognition/equivalence Minority Edu. Institutions [Art 15(5), 15(6)]
(eg. UP Madrassa Act, 2004)
rt 15(5)
ded A
CA’ 05 ad
93rd
TMA Pai Case (2002)
Pramati Education Trust v. UoI
No aid or affiliation Only affiliation no aid Both affiliation & aid (2014) : RTE Reservation under
RTE Act 2009 does not apply to
No state intervention Academic and Academic and Affiliation Minority Edu. Insti
Affiliation provisions can be enforced
provisions can be and
enforced admit a “sprinkling of
outsiders” to comply with
Art 29(2)

[Link] | contact@[Link] | [Link]

 PCN 9 : MCP 2025 | Atish Mathur
Languages & the Law
Part II: Art 3: Internal Changes : State Reorganisation may be done on Linguistic basis (1956)
Part III : Art 30: Linguistic Minorities
Constitutional Reflections
Part V: Ch II: Art 120: Language of Legislative Proceedings of the Parliament
Part VI: Ch II: Art 210: Language of Legislative Proceedings of the State Legislatures
Part XVII: Union, Regional, Court Languages + VIII Schedule

Linguistic Survey is conducted by Language Division, Office of Registrar General & Census Commissioner, MHA
Census 2011 : 121 Languages : 22 Scheduled, 99 Non Scheduled, 270 mother tongues grouped under Sch/Non Sch.
‘mother tongue’ is the language spoken in childhood by the person’s mother to the person, the language mainly spoken at home
Types of Languages
Scheduled Non Scheduled Classical
22 languages as per VIII Sch. 99 incl. English Recognised by the Union Govt for
Also mentioned in Census Only mentioned in Census promotion
Languages listed here are official promoted No official mandate to promote, Criteria - Old texts, heritage value,
by Govt. hence, demand to inclusion in knowledge texts in poetry and prose.
Originally, 14 languages VIIIth Sch Tamil (‘04), Sanskrit (’04), Telugu (‘08),
21 CA 1967 - Sindhi added Kannada (’08), Malayalam (‘13), Odia
71 CA, 1992 - Konkani, Manipuri, Nepali (’14)
92 CA, 2004 - Bodo, Dogri, Maithili, Santali 2024 Additions : Marathi, Bengali,
Assamese, Pali & Prakrit

Purpose Languages Incl. Governing Provisions

Union/Official Hindi and English Art 343 & Official Languages Act, 1963

Art 345 (states can make own laws)

Regional/State Official Official language(s) of the state
eg. Karnataka Official Languages Act, 1963

English (As per CoI) & Hindi (OLA, ‘63) Art 120, Art 348(1) & Official Languages
Parliament/Bills/Acts
Mother tongue after Chair permission Act, 1963

Hindi/English/State's official language Art 210, Art 348(1), Art 348(3), OLA, 1963
States/Bills/Acts
Eng. Translation : Other lang/Pres Lang. Various State Official Language Acts

Centre State Comm. Hindi/English; State may use regional lang. Article 346, 347

SC : only English for everything

HC :
Judgements : English
Proceedings : Hindi/Off. Lang (Incl. Art 348(1), Art 348(2)
English) Official Languages Act, 1963
Higher Judiciary
authorisation by the Governor RJ, UP, MP, Bihar HCs use Hindi for
and “with the previous consent proceedings
of the President”
1965 : Cabinet Committee
decided CJI consent needed

Official Language of the states, Recording

Lower Judiciary CPC, BNSS
of evidence may be in English per HC Order

Promotional Directive Union’s duty to promote and develop Hindi Art 351

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 10 : State, Laws, Writs, Judicial Review

Enablers of Fundamental Rights

Who are FRs for? Citizens/Non Citizens/Entities/As per FR/ SC Cases/Locus Standi can be relaxed in for some Writs/PILs

Who are FRs against? Art 12

What can’t violate FR? Art 13
What can be done to rectify a FR Violation? Art 32 (SC) & Art 226(HC)

Who decides? Art 13 | 32 | 226

What are some limitations/exceptions/T&Cs Art 31, 33-35

Who are FRs against?

Provision Incl. as per CoI Related Doctrines and Further Interpretations

Essentials : Territory + Sovereignty + Govt + People + International Recognition

Only applies to Part III (FR) and Part IV(DPSP)
SC can issue writs, orders, directions only for FR under 32 against ‘State’
HC can issue writs, orders, directions for FR under Art 226 against ‘State’
and others as State definition is only applicable for Part III and Part IV.
*Inclusions/Exclusions decided on a case by case basis applying as per SC
tests/Doctrines
Judiciary [Hurra v. Hurra (2002)]
Higher Judiciary while performing judicial functions not ‘State’ : SC and
HC final orders can’t be challenged as violations of Art 32
Even when appealing from HC to SC, HC is NOT a party to the case.
Higher Judiciary while performing non judicial functions included as
‘State’
1. Govt. of India Subordinate Judiciary while performing Judicial and Non Judicial
2. Parliament functions included as ‘State’
3. State Govts Local Authorities
4. State Legislatures Rashid Ahmed v. Municipal Board (1957) : Municipality is ‘State’
5. Local Authorities* Ajit Singh v. State of Punjab (1967) : Panchayat is ‘State”
Art 12
6. Other Authorities* Constitutional Bodies & Statutory Bodies are ‘State’ : RSEB Case (1967)
Other Authorities (PSU, Regulators)
(*within Indian Doctrine of Instrumentality : RD Shetty Case (1979), Ajay Hasia Case
territory or under GoI (1981)
control) Entire Share Capital held by the Govt.
Govt Fin. Assistance enough for entire corporation expenditure
State conferred monopoly status
Deep or pervasive State control
Public Importance functions
Govt Departments transferred to corporations
Egs - Food Corporation of India, Public Sector Banks, Steel Authority
held to be ‘State’ but BCCI, NCERT, Indian Council for Agri Research
held not be ‘State’ hence case by case basis
Private Persons/Institutions/Companies etc
PILs have expanded the scope, and through various landmark cases
such as MC Mehta, Badhua Mukti Morcha, the SC has upheld
environment rights, exploitation, and movement rights against Private
entities also.

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 PCN 10 : MCP 2025 : Atish Mathur
What can’t violate FR?

Core Conceptual Doctrines

Doctrine of Severability : The courts can choose to declare specifically those sections, provisions, parts of a ‘law’ that violate
FRs as invalid, and leave the rest of the law as valid. (Detailed test laid down under R.M.D. Chamarbaugwalla case, 1957)

Doctrine of Waiver of FRs : FRs cannot be waived by persons. [Several SC Cases such as Yusuf Ali and Omega Adv Agency)

Provisions Inclusions as per Constitution Exclusions/Doctrines

Doctrine of Eclipse [Bhikaji Dhakras v. State of MP (1955)]

Only applies to Pre Constitution Laws
A Pre Constitution Law becomes invalid if it violates Part
Pre Constitution Laws III.
Art 13(1) ‘Laws in force’ prior Later, if CoI is amended in a way that the Pre
& Constitution’s Constitution Law could be no longer invalid, then it can
Art 13(2)(b) commencement 26 Jan be revived. It means the Pre Constitution Law was
1950 invalid only for a specific period between the period of
the commencement of the Constitution till the
amendment of the CoI that could revive the pre
constitution law, like an eclipse which is lifted.

Incl. Ordinance, order, bye-law, rule, regulation, notification,

legally recognised customs.
Exclusions explicitly as per CoI
Art 13(4) : Constitutional Amendments u/a 368 [Added
via 24th CA, 1971]
Art 33 : Laws restricting FRs of security personnel etc.
Exclusions as per SC Judgements
Art 13(2), Art 13
Post Constitution Laws Emergency Proclamations u/a 358 & 359 restricting FRs
(2)(a)
[Ghulam Sarwar v. Union of India (1967)]
DPSP v. FR : 39(b)(c) > Art 14, 19 (Minerva Mills, 1980)
Judgements of SC and HC (Hurra v. Hurra, 2002)
IX Schedule :
Laws placed before 24 Apr1973 (Keshavananda
Judgement)
Delimitation Commission’s Orders

Central and State Laws, cannot violate

Central and State Executive Actions, directions, orders, writs Art 13
FRs contained in
Higher Judiciary’s Admin Decisions, Art 32/226
Part III.
Subordinate Judiciary’s and Admin Decisions

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 PCN 10 : MCP 2025 : Atish Mathur
What can be done to rectify a FR Violation?

Type of
Jurisdiction Remedy Remarks
Violation?

SC (32) or Constitutionality of Central and State Laws can be challenged at SC

FR Violation
HC (226) and HC.
HC Order would valid within the state only.
SC and HC have powers to issue ‘Directions’ and ‘Orders’ to declare
such laws as invalid, writs are NOT necessarily issued for this purpose
though petitions are filed under 32/226
All Writ petitions are first subjected to admission hearings where the
directions SC and HC decide whether to accept the petition
Legal/Statutory orders HC can issue writs for FR, LR, any purpose but SC can issue writs
Right/Any writs only for SC as courts of first instance
HC (226) Writs are Original Jurisdiction of SC and HC
Other Purpose
(226) Civil Writs involve rights issues arising out Civil Laws, Criminal Writs
involve rights issues arising out Criminal Laws.
*PILs are filed under Writ Jurisdiction with relaxed Procedures and
Locus Standi
Parl can extend SC Writ Powers to any other court subject to its
jurisdiction and without reducing SC powers to issue Writs [Art 32(3)]

Types of Writs

Locus
Type of Writ Purpose Available Against Terms & Conditions
Standi*

Illegal/Arbitrary Executive, Subordinate

Habeas Corpus Relaxed No court fees charged
Arrest/Detention Judiciary, Private

Cant be issued against

Legislatures/Executive directing
Executive, Subordinate
Failure to perform them enact a law or frame rules
Judiciary, Private (if
Mandamus any legal duty Strict* (delegated legislation respectively
performing a public
Cant be issued against Pres/Gov
duty)
Continuing Mandamus (In PIL
Cases, can be issued to monitor)

Quasi Judicial Body, Can’t be issued

Prohibition Jurisdictional Error Relaxed
Subordinate Court SC to HC
HC to SC
Within benches of SC
Legal Error and/or Quasi Judicial Body, Within benches of HC
Certiorari Relaxed
Jurisdictional Error Subordinate Court

Wrongful
Not available to question
occupation of
Quo Warranto Executive Relaxed suitability, only eligibility
appointed public
violations are entertained
office

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 PCN 10 : MCP 2025 : Atish Mathur
Who decides?
Essentials for JR Impact of JR
Rule of Law Rule of Law
Constitutionalism Constitutionalism
Written Constitution Judicial Review Rights & Liberties
Rights & Liberties (Not mentioned in CoI) Parliamentary Democracy
Democracy Checks & Balances
Separation of Powers Federalism
Independence of Judiciary Judicial Activism

Legislative Action Executive & Admin Action

Constitution Based Sources SC Doctrines enhancing JR SC Interpretations enhancing JR

Art 13 : Laws can’t violate FR
Doctrine of Basic Structure Due Process of Law
Art 32 : SC writ powers (SC only)
Doctrine of Eclipse Principles of Natural Justice
Art 131 : C v S/S v. S disputes (SC only)
Doctrine of Severability
Art 132 - 136 : Civil, Criminal, Spl Leave Appeals
Doctrine of Waiver Limitations of Judicial Review
Art 142 : Int of ‘complete justice’ (SC only)
Doctrine of Harmonious Construction Advice given by CoM to Pres
Art 143 : President’s Reference (SC only) or [Link] to Gov (Art 74, 163)
Doctrine of Colourable Legislation Legislative Proceedings (Art
Art 226 : HC Writ powers
Doctrine of Pith & Substance 122, 212)
Art 228 : HC to transfer specific cases from Delimitation Orders (Art 329,
Doctrine of Proportionality
subordinate courts 243O, 243ZG)
Art 246 : Division of Powers between C&S Doctrine of Legitimate Expectation Adaption of Pre Constitution
Laws post commencement by
Pres Order (Art 372)
SC & HCs DO NOT have similar powers of JR.
Laws added to IXth Sch
SC can also review its own judgements through Review Petitions (Art 137) and
before 24 Apr 1973
Curative Petitions (Hurra 2002 Case Guidelines) which HCs can’t. (Review of Judicial
(Kesavananda Bharti Case)
Action does not strictly come under Judicial Review)
All Appeals may not necessarily be Judicial Review (Cases appealing bail denials are
not Judicial Review)
CoI doesn’t explicitly mention HC appellate jurisdiction powers as it does for SC.

Misc Terms & Conditions

Provision Summary

Parliament through law can restrict the availability of FR to armed forces, public order related, intelligence
Art 33 personnel.
eg Army, Navy, Airforce Acts restrict Art 19(1)(c) for their personnel

Actions (incl. FR violations) done during a time when martial law is imposed can be excused by
Parliamentary Law if actions were in interest of public order where martial law was imposed.
Art 34
No provision in CoI defining martial law or laying down the process of enforcing it.
Doesn’t forbid martial law either, Pres. as Armed Forces Supreme Commander can authorise [Art 53(2)]

Only Parliament can make laws wr.t. to -

Art 35(a)(i)
Residence as a qualification for employment in any state [Art 16(3)]
Art 35
Extend SC Writ Powers to any other court [Art 32(3)]
Art 33 & 34 (Mentioned above)
Art 35(a)(ii) - Offences relating to Untouchability (Art17), Human Trafficking & Forced Labour (Art 23)

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 PCN 10 : MCP 2025 : Atish Mathur

Important Doctrines

Basic Meaning
Doctrine
(Detailed Explanations covered under Specific PCNs covering the related topic)

Core elements of the Indian Constitution cannot be changed or removed. These

Doctrine of Basic Structure
elements are considered essential to the Constitution's identity and purpose

If a law conflicts with fundamental rights, it doesn't become invalid immediately.

Doctrine of Eclipse
Instead, it becomes "eclipsed" and cannot be enforced until the conflict is resolved
through a constitutional amendment

A waiver is when someone voluntarily gives up a right or claim. However, this does
Doctrine of Waiver
not apply to fundamental rights, which cannot be waived

Allows courts to separate valid parts of a law from invalid parts. If one part of a law
Doctrine of Severability
is unconstitutional, the rest of the law can still be enforced

Doctrine of Colourable Prevents legislatures from indirectly doing something they are not allowed to do
Legislation directly. It ensures that laws are not passed under false pretenses

Doctrine of Pith and Helps determine if a law falls within a legislature's authority. It examines the true
Substance nature and essence of the law to decide its validity

Doctrine of Proportionality Ensures that any restriction on rights is proportionate to the goal being achieved. It
requires a rational connection between the means and the objective

Doctrine of Legitimate Public authorities must act fairly and consistently. If they make promises or
Expectation establish practices, they should not change them arbitrarily without notice

Doctrine of Harmonious
Used to interpret laws in a way that resolves conflicts between different provisions.
Construction
It aims to make all parts of a law work together cohesively

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 11 : Basic Structure, FR-DPSP Relationship & Property Rights

Constitutional
Welfarist/
Amendments
Socialist/ Extent to which
Limiting Doctrine of
Land Reforms/ Constitution can
Challenges to Land Basic Structure
Nationalisation be amended
Reforms & Nationalisation
Policies
Policies

(Reference of Key Articles to understand Timeline on next page)

Provision Description

Art 13(2) No ‘law’ can violate FR

Art 13(4) CA are not ‘law’ as per Art 13(4); Added via 24th CA, 1971

Art 19(1)(f) Freedom to acquire, hold and dispose of property (removed via 44 CA, 1978)

Art 31(1) No person shall be deprived of his property except by law (removed via 44 CA, 1978)

The State can only acquire property for public purposes and would have to compensate (removed via 44
Art 31(2)
CA, 1978)

Art 31A State acquisition of property not violative of FRs. (added via 1st CA, 1951)

Art 31B Inserted IXth Schedule, Laws under IXth Schedule judicially non reviewable (added via 1st CA, 1951)

Art 31C Laws made to implement Art 39(b) and 39(c) don’t violate Art 14, 19 (added via 25th CA, 1971)

State to make policies towards ensuring equitable distribution of ownership and control of material
Art 39(b)
resources of the community (used for land reforms, bank nationalisation, abolition of privy purses)

State to make policies towards preventing concentration of wealth and means of production (used for
Art 39(c)
land reforms, bank nationalisation, abolition of privy purses)

Art 300A No person shall be deprived of his property except by Law (added via 44th CA, 1978)

Art 368 Power of the Parliament to amend the Constitution and the procedure for it.

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 PCN 11 : MCP 2025 : Atish Mathur

THE GRAND TIMELINE

1948 : Madras introduced caste based reservations in Education

Early 1950s : Several states such as Bihar, UP, MP pass agrarian land reform laws restricting ownership
State of Madras v. Champakam Dorairajan (1951) : Madras 1948 law struck down, FR > DPSP

Art 15(4) : State can make provisions for SEBC, SC, ST advancement (Champakam nullified)
Art 19(2) : Restrictions relating public order, friendly relations with foreign states and incitement to
an offence added (to counter Romesh Thapar (1951) Art 19 related judgement)
1st CA, 1951
Art 19(6)(ii) : State can fully/partially monopolise any trade, business, industry or service
PM : Nehru Art 31A : Property acquisition by State would not violate Art 14, 19,31
Art 31B : Inserted IXth Schedule, any law inserted in the IXth Sch. could not challenged on grounds
of violation of FRs.
CA are not ‘law’ as per Art 13(2)
2 types of law making powers
Shankari Prasad v. Union of India (1951) :
Constituent : To amend CoI under Art 368
Parl has unlimited constituent power to amend anything in CoI
Ordinary : As per Sch VII (Included in ‘law’ as per Art 13(2)

17th CA, 1964 : Added 44 laws to IXth Sch. PM : Shastri

Sajjan Singh v. State of RJ (1965) : Reaffirmed CA not law under Art 13(2) (Contention was that 17th CA reduced HC
powers by disallowing judicial review, and should have been passed using state ratification majority)
FRs have a ‘transcendental’ position in CoI
CA are ‘law’ as per Art 13(2) (overruled Shankari and Sajjan Singh)
Golak Nath v. State of PB (1967) :
Parl cannot amend anything in Part III from now on (Doctrine of prospective
overruling - judgement only applicable for future cases)
Art 13(4) : Art 13 wont apply to CA under Art 368 implying CA are not ‘law’ as per Art 13(2)
(negatived Golak Nath)
Art 368 : Title : from 'Procedure' to 'Power to amend CoI and procedure thereof.’
24th CA, 1971 : Art 368(1): Parl. has constituent power to amend any provision in CoI (negatived Golak Nath)
Art 368(2): Pres. can only give assent to CA Bills, can’t reject/return.
Art 368(3): Art 13 wont apply to CA under Art 368 implying CA are not ‘law’ as per Art 13(2)
(negatived Golak Nath)
RC Cooper v. UoI (1970) : Struck down Bank Nationalisation on grounds of inadequate
compensation and violation of property rights under Art 31 Govt had nationalised
private banks and abolished
25th CA, 1971 : Art 31 : inadequate compensation can’t be challenged in court
privy purses in pursuit of
Art 31C : 39(b)(c) > Art 14,19,31
DPSPs under Art 39(b) and
Laws enacted to implement Art 39(b)(c) can’t be challenged
Art 39(c)
Scindia v. UoI (1971) : Abolition of Privy Purses (assured under Art 291, 362)

26th CA, 1971 : Removed Art 291 and 362, inserted Art 363 A abolishing Privy Purses PM : I. Gandhi from 66-77

29th CA, 1971 : Kerala land reform Acts were added to the IXth Sch

Kesavananda Bharti v. KL (1973) CA not ‘Law’ under Art 13 (Upheld 24th CA, overruled Golak Nath)
Parliament can amend anything subject to Basic Structure (Principles laid
(24th, 25th, 29th CA Challenged)
down by SC from time to time)
Art 31C : 39(b)(c) > Art 14,19,31 BUT judicially reviewable (partially upheld 25th CA)
39th CA, 1975 : Pres, VP, PM, Lok Sabha Speaker elections not judicially reviewable

39th CA, 1975 : Pres, VP, PM, Lok Sabha Speaker elections not judicially reviewable
Struck down 39th CA as judicial review, free/fair elections are basic structure
Indira Gandhi v. Raj Narain (1975) :
First case of application of Basic Structure Doctrine

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 PCN 11 : MCP 2025 : Atish Mathur

Preamble : added ‘socialist’, ‘secular’, and integrity

(Changes to 54 provisions, hence ‘mini const)
Art 31C : All DPSP > 14,19,31
42nd CA, 1976 : Changes to Art 32,131, 226 limiting judicial review (later undone via 43rd CA, ‘77)
Art 368(4) : CA under Art 368 could not challenged in court
(nullifying Kesavananda Bharti)
Art 368(5) : No limitation on constituent power of Parl to amend CoI

Removed Art 19(1)(f) and Art 31[Art 31(1), 31(2)] as FR to Property, inserted Art 300A, Art 31A-C
44th CA 1978 :
retained, (Constitutional/Legal Right available for all persons subject to certain restrictions)
PM : M. Desai Art 31C : All DPSP > 14,19 (Art 31 removed)
Struck down Art 368(4) and Art 368(5)
Minerva Mills v. UoI (1980)
Art 31 C : (restored to pre 42nd position) : 39(b)(c)>14,19 with Judicial Review
FRs and DPSP must be co-read harmoniously

Laws added to IXth Sch after Kesavananda Bharti case can be challenged on grounds of
Wama Rao v. UoI (1981):
Basic Structure but laws added before Kesavanada can’t be. (Doctrine of prospective
overruling)
Laws added to IXth Sch after Kesavananda Bharti case can be challenged on
IR Ceolho v. State of TN (2007) : Basic Structure
Essential Features
Art 14,15,19,21 specifically as well.

SC AoR Assn. v UoI (2015): (4th Judges Case) : 99th CA (NJAC) struck down;Independence of Judiciary is Basic Structure

Madras Bar Association v. UoI (2015) : Not just CA under Art 368, Ordinary laws also can’t violate Basic Structure.
Anjum Qadri v. UoI (2024) (UP Madrassa): Must be specifically shown as to how ordinary laws violate basic structure.
Art 31C’s position as per Minerva Mills and Kesavananda
Property Owners Association v. State of MH (2024): Bharti is valid.
All kinds and nature of property is not included in ‘material
resources’ as per Art 39(b), can limit Govt acquisition of
Property
Ingredients of Basic Structure (not defined in CoI)
Core Constitutional Principles

Principles Cases

Supremacy of the Kesavanada Bharti v. State of Kerala (1973)

Constitution SR Bommai v. Union of India (1994)

Indira Gandhi v. Raj Narain (1975)

Rule of Law Indira Sawhney v. Union of India (1993)
IR Coelho v. State of Tamil Nadu (2007)

Kesavanada Bharti v. State of Kerala (1973)

Separation of Powers SR Bommai v. Union of India (1994)
IR Coelho v. State of Tamil Nadu (2007)

Kesavanada Bharti v. State of Kerala (1973)

Federalism
SR Bommai v. Union of India (1994)

Limitations of amending
Minerva Mills v. Union of India (1980)
power under Art 368

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 PCN 11 : MCP 2025 : Atish Mathur

Ingredients of Basic Structure

Rights Related

Principles Cases

Kesavanada Bharti v. State of Kerala (1973)

Principles behind Fundamental Rights
IR Coelho v. State of Tamil Nadu (2007)

Kesavanada Bharti v. State of Kerala (1973)

Secularism SR Bommai v. Union of India (1994)
Sri Adi Vishveshwarya of Kashi Vishwanath Temple, Varanasi v. State of UP (1997)

Balance between FRs and DPSPs Minerva Mills v. Union of India (1980)

Concept of social and economic justice, Kesavanada Bharti v. State of Kerala (1973)
DPSP in toto Bhim Singh JI v. Union of India (1981)

Objectives specified in the Preamble Kesavanada Bharti v. State of Kerala (1973)

Democracy Related Related

Principles Cases

Kesavanada Bharti v. State of Kerala

Parliamentary System of Govt
(1973)

Principle of free and fair elections Kihoto Hollohan v. Zachillu (1993)

Parliamentary Democracy & Multi Party Systems Kuldip Nayar v. Union of India (2006)

Judiciary Related

Principles Cases

Independent & Efficient Judicial

Registrar (Admin) v. Sisir Kant Satapathy (1999)
Systems

SC Powers under Art 32, 136, 141, 142 Delhi Judicial Service Association v. State of Gujarat (1991)

Effective Access to Justice Central Coal Fields v. Jaiswal Coal Co. (1980)

Kesavanada Bharti v. State of Kerala (1973)

Indira Gandhi v. Raj Narain (1975)
Judicial Review, Art 32, Art 226/227 Minerva Mills v. Union of India (1980)
SP Sampat Kumar v. Union of India (1987)
L Chandra Kumar v. Union of India (1997)

Independence of Judiciary SC AoR Assn. v. Union of India (1994)(2015)

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 Magna Carta Prelims 2025 Live Batch : Prelims Concise Notes (PCN) 12
Union/State Executive | Pres/Gov | Ministers | Cabinet Sectt.
Unlike for Union/State Legislatures, CoI does not define who/what comprises the Union or the State Executive.

Criteria President Governor

Compulsory (Art 153)

Compulsory (Art 52)
Jt. Governor or more than 2 states permitted)
Head of Union Executive (Art 53)
Head of state Executive (Art 154)
Position Supreme Commander of Defence Forces
Parliament or State Legislatures by law
Parliament by law can allot functions to
can allot functions to authorities lower
other authorities
than Governor

Appointed by Pres. (Art 155) (on advice of CoM)

Election/ Indirectly Elected (Detailed process on the
President to consult concerned state CM
Appt next page)
(Convention based on Sarkaria and Punnchi)

Pre Election (Qualifications) (Art 58)

Pre Appt. (Qualifications) (Art 157)
Citizen + 35 Yrs + Eligible for LS Election
Citizen + 35 Yrs
Post Election (Conditions) (Art 59)
Post Appt. (Conditions) (Art 158)
Eligibility Sitting MP/MLA can contest, but will
Sitting MP/MLA can be appt., but will have to
have to relinquish MP/MLA after winning
relinquish MP/MLA after winning
No other Office of Profit such as
No other Office of Profit such as MP/MLA
MP/MLA

By CJI or next senior most SC Judge By CJ of State HC or next senior most HC Judge
Oath
Oath mentioned in Art 62 itself. Oath mentioned in Art 159 itself.

1. Expiry of 5 year term (Art 56)

a. Election for next Pres should be happen
before term expiry (Art 62)
2. Death
3. Resignation : VP (VP must inform LS Speaker)
(Art 56)
4. Impeachment (Art 61) : By LS & RS Resolution
a. Grounds : Violation of CoI 5 years subject to President’s Pleasure (art 156)
b. Can be initiated in either LS/RS with 14 Removal by Pres (no grounds or procedure
Term &
day notice signed by ¼ of total members mentioned in CoI) (no security of tenure)
Vacancy
of that house. Death
c. Investigated by LS if initiated in RS and Resignation to Pres
vice versa
d. Resolution approving to passed in both
LS and RS by 2/3rds of total members.
e. Right to appear and be represented
5. Re-election in cases of Death, Resignation or
Impeachment must happen within 6 months.
(Art 62) (VP officiates as Pres until then)

Salary, Allowances, Office Exp Charged to

Salary, Allowances, Pension, Office Exp
Consolidated Fund of State (NO PENSION)
Charged to Consolidated Fund of India
Salary etc Governed by Sch II until Parl Law (Governors
Governed by Sch II until Parl Law (Presidents
(Emoluments, Allowances and Privileges Act,
Emoluments and Pension Act, 1951)
1982) which is supllemented by Pres Rules)

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 PCN 12 : MCP 2025 : Atish Mathur
Presidential Election

Criteria President

CoI
Provisions
Pres & VP Elections Act, 1952 and 1974 Rules

Electors Elected Members of LS, RS, SLA, and LA of UT of Delhi & Puducherry

Method Indirect Election | Proportional Representation | Single Transferrable Vote (Preference Marked)

Used to determine how many times a vote should be counted

MLA : Based on 1971 Census and Total Elected MLAs of the State
MPs : Total Valid Votes from MLAs/States+UTs
Vote Values Value of Vote
LS MPs = RS MPs
MPs > MLAs
Different for MLAs of different states

Final Majority More than 50% percent of total valid votes

Ballot Secret

Authority Election Commission of India, Returning Officer - Sec Gen, Lok Sabha/Rajya Sabha on rotation

Disputes SC ONLY

Indian Presidential Election US Presidential Election

Calculate the no of times each MLA’s Candidates Announce Intent to Run

vote of that state be counted
Primaries & Caucuses: States hold elections or meetings to select party
Total State Population (1971). x 1
nominees
No of Elected MLAs 1000
MLA Votes

National Party Conventions: Political parties formally nominate their

Total Votes from that state candidates and announce running mates.
Total Elected MLA x Value of Each
MLA Vote Presidential Campaigns & Debates: Candidates campaign nationwide and
participate in debates.

Repeat for all States & add up General Election: Citizens vote for electors within their states who
pledge to support their chosen candidate
Calculate the no of times each MP’s Each state gets as many electors as it has members of Congress
vote be counted (House and Senate)
MP Votes

Total MLA Value Votes Except Maine & Nebraska, rest have ‘winner takes all’ - winner gets
Total No of Elected MPs all the electoral votes for that state, possibility of Swing States,
Possible to win Election without winning popular vote (happened 5
Total MP Votes times, last in 2016 - Trump defeating Hillary Clinton)
Total MPs(e) x Value of Each MP Vote
Electoral College Voting: Electors cast their votes for president and vice
president (Total 270/538 needed to win, California has highest no
More than 50% of total MP + MLA Votes electors)

Congress Counts Votes & certifies the Electoral College results

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 PCN 12 : MCP 2025 : Atish Mathur
Appointment Related

Criteria President Governor

PM (no criteria mentioned in CoI)

Other Union Ministers (on PM’s advice)
CM (no criteria mentioned in CoI)
Governors (states), Lt. Governors (UT)
Other State Ministers (on CM’s advice)
Delhi CM
Appoints Advocate General
Attorney General
(Executive) State Finance/Election/Public Service
Solicitor General (based on Cabinet
Commission
Committee on Appts. Recommendation)
State Civil Services
Chair & Members of Constitutional Bodies
All India Services & Central Civil Services

Appoints
RS Nominated Members SLC Nominated Members
(Legislature)

Appoints
All SC and HC Judges Subordinate Judiciary’s Judges
(Judiciary)

VP
All State Ministers
All Union Ministers
Gives Oath All MLAs/MLCs (Directly or someone on her
All MPs (Directly or someone on her behalf)
to behalf)
SC Judges
HC Judges
CAG

Executive Power

Criteria President Governor

All actions in President’s name (Art 77)

All actions in Governor’s name (Art 166)
Extends to matters in Union List and other
Extends to matters in State List & Concurrent List
provisions mentioned in CoI such Art 35
Scope unless there’s a Parliamentary Law. (Art 163)
Union Executive Power does not ordinarily
President can provide for additional functions to be
extend over matters listed in the Concurrent
carried out by Governor in a contingency (Art 160)
List unless there is a law for the same. (Art 73)

Pres. can make rules for business of Govt of

India (Art 77)
Allocation of Business Rules, 1961
Allocation of subjects to different
Ministries in Govt. of India
Governor can make rules for business of Govt of
Distribution Transaction of Business Rules, 1961
states (Art 166)
Disposal of business and decision
making in Govt. of India
These rules are administered by Cabinet
Secretariat under PM, administratively
headed by Cabinet Secretary

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 PCN 12 : MCP 2025 : Atish Mathur
Legislature Related

Criteria President Governor

Internal Reorganisation (Art3,4)

Money Bill (Art 110)
Financial Bills (I and II) (Art 117)
Money Bill (Art 199)
Prior Recco Bills about taxes shareable with states or
Financial Bills (I and II) (Art 207)
changing meaning of agri income (Art 274)
State Bills imposing reasonable restrictions on
inter/intra state trade/commerce (Art 304)

If prior recommendation was needed but was not taken, but bill was given assent, then bill can’t be
What if?
invalidated (Art 255)

Ordinary & Financial Bills :

Assent/Return/Reject
Constitution Amendment Bills : Assent Only
Money Bills : Assent/Reject
Ordinary/Financial Bills :
Assent/ Budget (Appropriation & Finance Bill) :
Assent/Return/Reject
Return/ Assent/Reject
Money Bills : Assent/Reject
Reject Any bill can be reserved for Presidential Assent
Budget (Appropriation & Finance Bill) :
If Pres rejects then that state bill dies
Assent/Reject
Bills affecting HC jurisdiction must be reserved
for Pres

No timeline to decide
T&C
If houses repass the bill after it was returned then Pres/Gov has to give assent

Similar for Pres/Gov for Union/State Legislatures respectively

Summon/Prorogue (Anytime)/Dissolution (Art85) (Art 174)
Legislative Address
General : Anytime : Single or Joint Session (Never happened by President) (Art 86) (Art 175)
House Can also send messaged to respective legislatures
Procedure Special/Motion of Thanks : Joint Session : (Art 87) (Art 176)
First session of New Lower House/First session of calendar year,
Houses vote separately, if failed in Lower House, then CoM resigns as a convention
Laying of Annual Financial Statement and Constitutional Bodies reports to be laid before houses
No timeline for reports for Constitution Bodies to be presented before the houses.

Art 123: Central Ordinances, Art 213 : State Ordinances

Conditions
Either house must not be in session
President/Gov satisfied with circumstances
Scope : Centre : Union and Concurrent List, State : State and Concurrent List
Constitution Amendments can’t be Ordinances
Legislative/ Removal/Validity
Ordinances Can be withdrawn anytime by Pres/Gov respectively
Respective legislatures can pass a resolution anytime disapproving the Ordinance
Automatically lapses if not passed as a proper law within 6 weeks of the next session of the
houses
Can be judicially reviewed
Special : Governor can’t issue a state Ordinance without President’s instructions if, the state ordinance
contains provisions that would have normally required President’s Consent or Assent. (Art 213)

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 PCN 12 : MCP 2025 : Atish Mathur
Judiciary Related

Relief/
Punishment Length Punishment Type/Character
Clemency

Complete withdrawal of any guilt, sentence, punishment, or disqualification

Pardon
(as if the person never committed the crime)

Reprieve Temporarily postponing punishment execution so that pardon may be sought

Remit Reduced (eg. 7 years jail to 4 years jail) Remains the same

Commute N.A Reduced (eg. death penalty to life imprisonment)

Criteria President Governor

Pres can give any clemency/relief for Governor can give any clemency/relief
Court Martial Laws enacted by State Legislature
Scope Laws enacted by Parliament Governor can commute, suspend or give respite for
Death Penalty death penalty but NOT PARDON
Disqualify MPs on ECI Advice (Art 103) Disqualify MLA/MLCs on ECI Advice (Art 192)

Pres. can seek SC opinion on (Art 143)

Issue of public importance (SC can deny)
Pres Ref Pre-constitution treat (SC can’t deny) NA
If SC is giving opinion then, a constitution
bench of 5 judges minimum do so. (Art145)

Constitutional Discretionary Powers

Criteria President Governor

Reserving any bill for President’s Assent (Art 200)

Recommending Pres Rule (Art 356)
If additionally Lt Gov of adjoining UT (Art 239)
Type NA
Royalty sharing dispute between State Govt and Autonomous District Councils set
up for states included in Sch VI
Special responsibilities for some states under Art 370

Some Recommendations for Governor

Criteria Governor

Sarkaria (1983) Eminent Person from outside the state and away from Political Life

Away from political life for 2 years

Doctrine of pleasure should be deleted
Punchhi (2007)
Appt by committee of VP, PM, HM, LS Speaker, CM
Removed by state legislatures

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 PCN 12 : MCP 2025 : Atish Mathur

Council Of Ministers (Union & State)

Criteria Council Of Ministers (Union & States)

Aid and Advice Pres/Gov respectively (Art 74) (Art 163)

Courts cannot review advice given by CoM (U/S) to Pres/Gov respectively.
Pres is constitutionally bound to act on CoM Advice
No discretion for the President.
Pres can return advice but has to conform if advice resent
Position
No such provision in CoI for Governor
Governor can act in discretion as mentioned in CoI (Art 163)
Hold office during Pres/Governor’s pleasure
If not already members of respective legislatures, have to become one within 6 months of
becoming a Min

Oath of Office & Secrecy administered by Pres/Gov respectively as per III Schedule
Office Terms
Salaries, allowances as per Sch II until Parl or State Law.

CoM (U/S) include (Constitution does not classify COM into different ranks)
PM/CM (Head)
Composition Minister/Cabinet Minister (higher rank, large portfolios)
Minister of State (MoS)/Deputy Minister (assist Cabinet Ministers)
Minister of State (Independent Charge) (smaller portfolios, report directly to PM/CM)

Not more than 15% of total strength of respective lower houses (91st CA, 2003)
Quantum
CG, JH, MP, OD to compulsorily have a Min of SC,ST,OBC welfare

Collectively responsible to respective Lower House

PM/CM have a duty to inform Pres/Gov about admin affairs of Union/States and
Responsibility legislative proposals
Pres/Gov can ask respective Council of Ministers to reconsider an individual minister’s
decision

Not defined in CoI, and determined as per Lower House

5 years ordinarily or
As long they enjoy confidence of Lower House, if lost must resign by convention
Tenure/Vacancy
President can dismiss S. CoM under Art 356 (Pres Rule)
If Individual Ministers are disqualified as House Members under Anti Defection Law (Sch
X), they cannot continue as Ministers (91st CA, 2003)

Cabinet
Important Ministers, only mentioned in Constitution via 44th CA, 1978, to ensure
written advice for emergency proclamation under Art 352 (National Emergency) is
given to Pres.
Groupings
Cabinet Committee
(Only referring to
Subject wise groups of Ministers such as
[Link])
Appointments, Accommodation, Economic Affairs, Security, Economic Affairs,
Parliamentary Affairs, Political Affairs, Investment & Growth, Skill Development,
Employment, Livelihood
PM chairs all except Accommodation and Parliamentary Affairs (Chaired by HM)

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 Magna Carta Prelims 2025 Live Batch
Prelims Concise Notes (PCN) 13 : Union/State Legislatures | Elections | Committees -I
GOVERNED BY
CoI
Various Statutory Laws & subsequent Statutory Rules
RoPA 1950 & 1951
Cabinet Committee of Pres & VP Elections Act, 1952
Election Commission
Parliamentary Affairs Salaries/Allowances of Parl. Officers Act, 1953
Salaries/Allowances/Pensions of MPs Act, 1954
Ministry of Parliamentary Parl. Disqualification Act, 1959 (Office of Profit) Delimitation Commission
Affairs Salaries/Allowances/Pensions of LoP Act, 1977
Leaders & Chief Whips (Facilities) Act, 1998
House Rules of Procedure
Conventions
COMPOSED OF

President
Lok Sabha Rajya Sabha

Speaker Dy. Speaker Chair* Vice Chair

Departmentally Related
Chair Panel Standing Committess
Chair Panel

Single/Joint Committees
Govt/Private/Independent Govt/Private/Independent
Members Members
House Leader Adhoc/Standing House Leader
Opposition Leader Committees Opposition Leader
Whips Whips

LS Sectt. : Sec Gen + Officers RS Sectt. : Sec Gen + Officers

VP ex-officio RS Chair ≠ member

COMPOSED OF

Governor
Legislative Assembly* Legislative Council^

Speaker Dy. Speaker Chair Dy. Chair

Select/Joint Committees
Chair Panel Chair Panel
Departmentally Related
Govt/Private/Independent Standing Committess Govt/Private/Independent
Members Members
House Leader House Leader
Opposition Leader Adhoc/Standing Opposition Leader
Whips Committees Whips

SLA Sectt. : Sec Gen + Officers SLC Sectt. : Sec Gen + Officers

UTs of DL, PY, J&K also have ^only UP, BH, AP, TL, KN, MH
SLAs* have SLCs (mentioned in CoI)

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 PCN 13 : MCP 2025 : Atish Mathur
Houses

Criteria LS RS

Status Compulsory Compulsory

Represents All States & [Link] (Elected Only) States, UTs with LA (Elected & Nominated)

Permanent
5 yrs (1/3rd Retire every 2 years)
Full Term Member Elected for 5 yrs Full Term Member Elected for 6 yrs
Term
Member elected to fill a vacancy serves for Member elected to fill a vacancy serves for
remaining LS term remaining term of that vacant seat
Elections are generally conducted Bi-annually

Max : 250, Current : 245 (230 elec. + 12 nom)

Max : 550*, Current : 543
Strength [229(States) + 8(UT with LA) + 12{L.A.S.S -
[530(states) + 12(UTs)]
Lit. Art. Sci. Social Service}]

Total LS Constituencies
Based on 1976 Census State Population as per 1971 Census
Initially till 2000 via 42 CA, ‘76 Mentioned in Sch IV, CoI, 1950
Basis Extended till 2026 via 84 CA, ‘01 (no specific method to calculate seat allocation to
LS Constituencies within a state states)
Based on 2001 Census
Mentioned in Sch I, RoPA, 1950

Criteria SLA SLC

Compulsory Optional (State resolution by Spl Maj II followed

Status
(SLA always > SLC, hence no joint sitting) by Parliament Law ≠ CA under Art 368)

Represents Within State (Elected Only) Within State (Elected & Nominated)

Permanent
5 yrs
(1/3rd Retire every 2 years)
Full Term Member Elected for 5 yrs
Tenure Full Term Member Elected for 6 yrs
Member elected to fill a vacancy serves for
Member elected to fill a vacancy serves for
remaining LS term
remaining term of that vacant seat

40 - 1/3rd of SLA st.

Strength 60-500 Nom - 1/6th - C.L.A.S.S. - Coop [Link]. Art.
Sci. Social Service

State wise
Sch II, RoPA, 1950 Sch III, RoPA, 1950
Allocation

Total MLA Constituencies in a state

Based on 1976 Census
Basis Number of MLA seats
Initially till 2000 via 42 CA, ‘76
Extended till 2026 via 84 CA, ‘01

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 PCN 13 : MCP 2025 : Atish Mathur
PRESIDING OFFICERS

LS + SLA (Speaker & Dy. Speaker), Dy. RS Chair

Criteria
Chair (RS) (All except RS Chair) (VP Ex-officio)

Provisions CoI, Respective House Rules CoI, Pres & VP Pres Elections Act, 1952

Qualification Member of the House 35 Yrs | Citizen | RS Member Eligible | No Office of Profit

Electors All members of the respective house All members of both houses

Indirect Election
Proportional Representation with Single
Method Indirect Election
Transferrable Vote (Preference Marked)
Vote Value : 1 for each MP

Final
Simple Majority Votes Needed (Quota) = (Total Votes/2) + 1
Majority

Ballot Secret Secret

Conventionally,
Leaning Speaker from Ruling Party None
Dy Speaker from Opposition

Resignation (to the other Presiding

Resignation (to President)
Officer)
Death
Vacancy Death
Effective Majority of RS followed by Simply Majority
Disqualification as MP
of LS
Effective Majority of the house

Casting Vote when tie

Casting Vote when tie
Voting Can vote on own removal in first
Can’t vote on own removal
instance

Dy speaker/Dy Chair is not subordinate to Speaker/Chair

Hierarchy
Panel of Chairs nominated by Speaker/Chair to preside in absence of Spkr/Dy. Spkr/Chair/Dy Chair

Conducted Pro Tem conducts Speaker’s election

ECI, Returning Officer - LS/RS Sec Gen on rotation
by Speaker conducts Dy. Sprkr’s election

Common Powers of Speaker & Chair/Presiding Offr

Communications from the President to the House
Exclusive Powers of Speaker
Final Authority on CoI and Rules within the House
Certifies Money Bill
Determines order of Govt Business after consulting
Control of all parliamentary committees, appoints
Leader of House
Chairs. Dy Spkr (LS) Chairs any Parl. Comm she is
Maintenance of order in the House
made part of
Prima Facie, determines Breach of
Ex-officio President of the Indian Parliamentary
Privilege/Contempt of House
Group
Disqualifications due to Defection (Sch X)

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 PCN 13 : MCP 2025 : Atish Mathur

Nomenclatures/Key Offices

Type Meaning

Govt Member Member who is also a Minister

Private Member Any member who is NOT a Minister, can do everything except introduce Budget

Elected Party
Elected on party ticket
Member

Elected Independent
Elected without party ticket
Member

Nominated Member (Joined a party within 6 months) : Treated like a Party Member
Nominated Member
Nominated Member (Not joined a party within 6 months) : Treated like an independent

Not mentioned in CoI or any statute, appointed by PM/CM

Mentioned in House Rules
Parliamentary Unlike the Ministers, the oath is given to the Parliamentary Secretaries by PM not
Secretaries Pres/CM not Governor
Appointed purely for the purpose of assisting a Minister in parliamentary work
Often struck down by courts for violation of ‘office of profit’

Leader of the House If PM is LS Member, then PM is LoH, PM appoints senior most Min as RS LoH

Statutory recognition - Salary & Allowances of LoPs in Parliament Act, 1977

Leader of Opposition
Member of largest opposition party in the House & recognised by Speaker/Chair

Whips Each party has a Whip to ensure presence, voting, participation in discussions

LS : Min of Parliamentary Affairs, RS : MoS Parliamentary Affairs

Chief Govt Whip
Directly responsible to the Leader of the House

Permanent official of House Secretariat, appointed by Speaker/Chair after consulting

LoH and LoP of the house from civil services (Generally high ranking)
Secretary General
Issues summons to attend sittings/takes roll call
Not a member but enjoys privilege of freedom from arrest except on a criminal charge

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 PCN 13 : MCP 2025 : Atish Mathur
MEMBERS : Election, Qualifications, Privileges

Criteria LS RS SLA SLC

Nationality Citizen (in any manner) [All member elections conducted by ECI]

Age
25 Yrs 30 Yrs 25 Yrs 30 Yrs
(CoI)

Registered Voter in
Eligibility Registered Voter in Registered Voter in Registered Voter in any
any Assembly
(RoPA, any Parliamentary any Parliamentary Assembly Constituency of
Constituency of the
1950) Constituency Constituency the specific state
specific state

Election Direct Indirect by MLAs Direct Indirect

Proportional Rep.
Election Proportional Rep. with
First Past the Post with Single First Past the Post
Format Single Transferrable Vote
Transferrable Vote

1/3rd by MLAs
Min Votes Needed 1/3rd by Local Bodies
to win RS Seat from (Mentioned in RoPA,
specific state = 1950)
Process 1 Vote = 1 value 1 Vote = 1 value
1/12th TGT Teachers
since 3 yrs
1/12th Graduates since
3 yrs.

Open (Limited - MLAs

Ballot Secret show their vote to a Secret Secret
party rep)

Oath Sch III, By Pres or someone on her behalf Sch III, By Gov or someone on her behalf

Constitution
Art 105/194 : Speech & Vote (Except on Corrupt Actions - Sita Soren Case - 2024)
Art 122 : Parliamentary Proceedings are not judicially reviewable
Immunities
Art 361A : True Publication of legislative proceedings
/Privileges/
CPC - Sec 135A : Can’t be arrested 40 days before, during, and after a session
Contempt
Rules of Procedure of Houses : Presiding Officer should be informed of any police or judicial action
(Not
against a member
singularly
British Parliamentary Conventions also applicable
codified)
Presiding Officer also has suo-moto powers, can refer to Privileges Committee also, House decides -
If Member found guilty - apology/suspension/disqualification/jail/fine
If non-member found guilty - apology/jail/fine

Every breach of privilege is also a contempt of house, but every contempt of house is not breach of privilege.
When any of the privileges either of the members individually or of the House in its collective capacity are disregarded
or attacked by any individual or authority, the offence is called a breach of privilege.
Any obstruction put before Houses or its members in due discharge of their duties, amounts to contempt of the House
Privileges also apply to non members who can participate but not vote - Attorney General/Advocate General

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 MCP 2025 Live Batch
(PCN) 13 : Union/State Legislatures | Elections | Committees -II

Electoral Disqualifications

Reason Authority Additional Details regarding disqualification

Office of Profit (OoP) : Can’t hold 2 or more offices unless allowed.

Not defined in CoI, Parl. & State can make laws exempting offices/posts
Pres/Gov Ministers are constitutionally exempted
CoI Core
on binding Parliament (Prevention of Disqualification) Act, 1959
Violations
ECI advice Declared unsound mind by a competent court
Undischarged insolvent
Not a citizen/acquired any other citizenship/allegiance to another state

Sec 8A, RoPA 1951 : Convicted for ‘Corrupt Practices’ defined under s. 123
Pres
S. 123 : Bribery, undue influence, or coercion etc.
Corrupt on binding
Court order should be presented before President within 3 months.
Practices ECI advice
Max 6 year ban (depending on case to case)
{Corrupt Practices & Electoral Offences are completely differently defined terms under RoPA 1951)

Sec 8, RoPA 1951 : 6 Year Ban (If only fined then from date of conviction, if jailed then from
release), [doesn’t matter if conviction appealed, (Lily Thomas Case, 2013)]
Convicted under following laws irrespective of type/nature of punishment
Civil Rights Act 1955, Customs Act 1962, UAPA 1967, Narcotics (NDPA) 1985, Religious
Institutions 1988, Places of Worship Act 1991, National Honour Act 1971, Sati
(Prevention) Act 1988, Corruption Act 1988,
Some Offences - BNS (IPC) (Promoting enmity, bribery, rape, cruelty)
Some electoral offences under RoPA 1951 (booth capturing, tampering ballot paper etc) (All
Automatic
electoral offences do not lead to disqualification, only those mentioned/cross referenced under
Statutory (by Court
Sec 8, electoral offences lead to punishments, fines, and sometimes cancellation of elections)
Violations Order/ECI)
Convicted under following laws with minimum jail of 6 months
Any law about Hoarding/profiteering/adulteration of food or drugs,
Dowry Prohibition Act, 1961
Convicted under any other law apart from those mentioned above with min 2 yrs jail
Sec 9, RoPA 1951 : Disqualified for 5 years if dismissed due to disloyalty/corruption
Sec 9A, RoPA 1951 : Disqualified TILL member is having commercial contracts with Union/State
Sec 10. RoPA 1951 : Disqualified TILL member is Manager, Agent of any company which is 25%
owned by Union/State (Except cooperative societies)
Sec 10. RoPA 1951 : ECI can disqualify for 3 yrs if elections expenses not filed properly

Added via 52 CA, 1985 : Xth Schedule

Applicable to : All members/Presiding Officers except RS Chair (VP)
If complaint against Presiding Officer, then house chooses another member to decide (not the
Dy. Speaker)
Speaker cannot decide on other disqualifications if their own removal on any ground is pending.
(Nabam Rebia case, 2016)
Grounds :
Voluntarily giving up pol. party membership
Voting against party directions
Nominated Member joins any political party after 6 months
Presiding
Defection Independent Member joins any political party anytime
Officer
Exceptions
2/3rd elected members of Party A in the house joining Party B
Remaining 1/3rd members of Party A function as a separate unit
Process : No suo-moto powers/no timeline to decide
Outcome
Disqualified from house, also removed from any post which was given due to them being a
Member (91st, CA 2003)
Decision can be reviewed both by SC/HC but only after process is over. Court cannot get into
the way the proceedings were conducted but only on outcome (Kihoto Hollohan Case, 1993)
Can be immediately elected/nominated back to the house (no future ban)

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 PCN 14 : MCP 2025 : Atish Mathur

House Tenures

Upper Houses : Permanent

Lower Houses : 5 Years normally
End : Dissolution : LS/SLA by Pres/Gov
Automatic/Ordinary/Compulsory:
After 5 years as per CoI unless extended due to Emergency
Premature/Extraordinary/Optional: After loss of confidence of CoM and no alternative

Baggage Principle (Discussed in class) : Anything actively unfinished from the previous LS
lapses before the new LS begins. Applies to LA/SLC.

Origin Pending Passed Pending Passed

House (1st (1st (2nd (2nd Outcome
(1st House) House) House) House) House)

Not introduced yet

LS Yes (LS) No (LS) Lapses
(assumed pending)

LS No (LS) Yes (LS) Yes (RS) No (RS) Lapses

Term/Duration

LS No (LS) Yes (LS) Yes (RS) Yes (RS) Lapses

Not introduced yet

RS Yes (RS) No (RS) Lives
(Assumed pending)

RS No (RS) Yes (RS) Yes (LS) No (LS) Lapses

RS No (RS) Yes (RS) No (LS) Yes (LS) Lives

All legislative business other than bills pending before lower houses ends with dissolution.
Assurances given by Ministers in the Lower Houses DO NOT lapse upon dissolution

As per CoI, houses must meet once within 6 months, Conventionally, houses meet thrice a
year.
Budget, Monsoon, Winter
Sessions Sessions can convened or ended (prorogued) by the President/Gov respectively ANYTIME.
Dates to convene Parliamentary session finalised by Cabinet Comm. on Parliamentary
Affairs. Communicated to House Sectt by Ministry of Parliamentary Affairs.
No impact whatsoever on any pending bills, legislative business

On a specific day
Only counted as a sitting
if Presiding Officer is present
Sitting 1/10th of Total Members of the House are present
Can be ended by Presiding Officer anytime
With the next date fixed - Adjournment
Without the next date fixed : Adjournment sine die

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 PCN 14 : MCP 2025 : Atish Mathur

Parliamentary Procedures

Legislator’s Role Medium Methods/Tools

Motions

Basis of all proceedings Questions

I. House Participation
2 fold classification
Passage
II. Law Making Votable or Non Votable : Unless specified, all motions Discussions
are to be voted upon.
Unless specified, all motions passed using simple majority
III. Financial Oversight Content Bills
Substantive; eg. No Confidence Motion
Substitute; e.g. Changing topic for a discussion
IV. Participation in
Subsidiary Resolutions
Parl. Comm.
Ancillary; eg. - moving a bill to vote
Superseding - re-submitting a bill to a committee
Amendments - laws/motions etc.

Reverse for RS

LS/RS Sitting Legislative Business, Half Hour/Short Duration Discussions etc.

Ques Hour ZeroHour Last 2.5 Hrs. every Friday

Lunch reserved for Private Member
List of Business Bills and Resolutions
Revised List of
Business
Prepared in
consultation with
Business Advisory
Committee 11 a.m. 12 p.m. 1 p.m. 2 p.m. 6 p.m.

Asking Questions (To a Minister)

I. House Participation Govt. Oversight
Debates/Discussions/Motions to Raise Issues

Asking Questions (To a Minister)

Tool Source Purpose Notice Selection Follow Up

Verbal Response by Minister

Starred Q LSR 33, RSR 42 15 Days Ballot Yes, Supplementary Q
Question Govt’s Policies & Actions

Written Response by Minister

Unstarred Q LSR 33, RSR 51A 15 Days Ballot No
Question Govt’s Policies & Actions

Verbal Response, Urgent Public Discretion

Short Notice Q LSR 54, RSR 58 Imp. for which Notice Period of 15 <10 Days of Yes, Supplementary Q
days is too long. Pres. Offr

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 PCN 14 : MCP 2025 : Atish Mathur
Parliamentary Procedures : House Participation
Issues can be raised individually by Members or identified by Business
Debates/Discussions/Motions to Raise Issues Advisory Committee (BAC) of the respective Houses
If BAC identifies, then parties decide which members will participate

Tool Source Purpose Notice Selection

Listed as Urgent
Zero Hour Raise urgent issues than can’t wait for notice periods Same day Ballot
Public Imp.

Calling LSR 197, RSR Urgent Public Imp. specifically towards a Minister, LS - Ballot, RS - Chair
Same Day
Attn. 180 response must for original issue and follow up. after consulting BAC

Matters which cannot be raised under Rules relating to 1 week till

LSR 377 LSR 377 Ballot - LS ONLY
Questions, Short Notice Qs, Calling Attention Same Day

Spl Matters which cannot be raised under Rules relating to

RSR 180A Prev Day Chair : RS ONLY
Mention Questions, Short Notice Qs, Calling Attention

If MP feels that an answer to a Starred/Unstarred Q

Half Hour Discretion of
LSR 55, RSR 60 further explanation, they can raise a Half-an-Hour 3 Days
Discussion Pres. Offr
Discussion, follow ups allowed, no voting post.

Any non Minister MP -

Private
Recommendation, opinion, approval or
Member
LSR 170, RS 154 disapproval of an act or policy 2 days Ballot
Resolution
to bring an important matter to Govt’s attn.
(PMR)
Used to express the House Opinion as a vote

Both Members & Ministers can move SRs -

Statutory Used to disprove Ordinances (different from Houses
Resolution CoI, Union Law passing Ordinances when placed before them, here NA NA
(SR) disapproved even before them placed)
Bills replacing Ordinances can be moved after such SR

Relatively longer discussions, participation decided by party leadership

Tool Source Purpose Notice Selection

Discussion on a matter of urgent public imp.

Short Discretion of
LSR 193, Topic & Duration decided by BAC
Duration Same day Pres. Offr
RSR 176 MPs discuss, Minister responds at the end
Discussion
No formal voting post

To draw attention to or criticise the Govt over a

decision of Urgent Public Imp. for which
motion/resolution with notice would be too late
Adjournment Speaker’s Discretion
LSR 57 If accepted by Speaker and voted by House, Same day
Motion (LS only)
schedules business in suspended
Seen as censure of Govt. but resignation not
compulsory

No
Trust vote for Govt to prove support Minimum support of
Confidence LSR 198 Same day
If voted and passed, govt. must resign. 50 MPs
Motion

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 PCN 14 : MCP 2025 : Atish Mathur

Parliamentary Procedures : House Participation

Special Tools

Tool Source Purpose Notice Selection

Presidential Address to both houses

After General Election (New LS)
Start of first session every year
Drafted by Govt, contains policies and agenda
After Pres. Address, Houses can discuss, PM
Amendment Motions
Motion of CoI, LSR 18, Responds at the end. After
as per Presiding
Thanks RSR 16 Amendments can be moved in BOTH Houses Address
Officer’s Discretion
If Amendment passed in LS, treated as No
Confidence
Amendments passed in RS symbolic
RS has changed MoT 5 times till date
MoTs are not voted, ONLY amendments are!

While giving a reply to any other tool, if Minister

gives an undertaking involving further action of
the Govt, it is called an assurance.
Govt. They don’t lapse upon Dissolution
LSR, RSR NA NA
Assurances Monitored by Committee on Govt Assurances
Tracked digitally through Online Assurance
Monitoring System
General Timeline 3 Months

Parliamentary Procedures : Law Making

II. Law Making

Types of Bills

Content Introduction Procedure

Original Bills Govt Bill

Ordinary Bill
Money Bills Introduced by Member who is not a
Money Bill
Financial Bills Minister
Financial Bill
Amending Bills Can introduce any Bill
Ordinance
Consolidating Bills Private Bill
Replacement Bills
Expiring Bills Introduced by Member who is not a
Constitution
Repealing Bills Minister
Amendment Bills
Validating Bills Can introduce any Bill except those
Ordinance relating to Annual Financial
Replacement Bills Statement (Budget)
Constitution Appropriation Bill
Amendment Bills Finance Bill

Every bill must be passed by both LS & RS/SLA & SLC (wherever applicable) and receive assent from Pres/Gov respectively.

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 PCN 14 : MCP 2025 : Atish Mathur
Parliamentary Procedures : Law Making : Legislative Procedure
Legislative Power of the Union : Ordinary (Union & Concurrent List) / Constituent : CA u/A 368
Legislative Power of the States : Ordinary (State & Concurrent List)

Member Joint
Type of Bills Ingredients Prior Recco House Pref Maj. Assent
Pref Sitting

Non Financial Yes/No

Ordinary None None None Simple Yes
Changes /Return

Taxes, CFI,
CoFI, Govt Yes, LS
Money None Yes, Pres Simple No Yes/No
Funding LS>RS
Borrowings

Ordinary +
Money Yes, LS Yes/No
Fin Bill I None Yes, Pres Simple Yes
(More Money LS = RS /Return
than Ordinary)

Ordinary +
Money Yes/No
Fin Bill II None Yes, Pres. None Simple Yes
(More Ordinary /Return
than Money)

Yes
Simple/
ONLY
CoI Amend. Art 368 None None None Spl II/ No
for CA
Spl III
u/A368

Ordinance Ordinary/ Depends on Depends on kind of Yes/No

NA Simple Yes
Replacement Money/Fin I/II kind of Bill Bill /Return

Passage of a Bill

Stages Exceptions

Introduction Second House Amends the Bill -

Must be passed by the First House Again
First Reading Both Houses can’t agree/More than 6 months have passed and no action
Parl Comm. Ref Joint Sitting can be called by Pres. (NA to States since SLA>SLC)
If convened, presided by Spkr - [Link] - Any member chosen
President Returns the Bill -
If bill passed again, Pres HAS to give assent
Discussions Money Bills
Second Reading Only be introduced in LS
RS can only recommend changes to such Bills, and is required to pass
Amendments such Bills within 14 days
If not, the Bill is deemed to be passed.
Rejection of a Money Bill by LS amounts to an indication of no
confidence in the govt but resignation not compulsory
Third Reading Voting Constitution Amendment Bills
A simple majority of the total membership of the House, and two-
thirds majority of MPs present and voting is required to pass such Bills
Some Bills may need to be ratified by half the country’s state
Stages repeated in 2nd House
legislatures

Assent

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 PCN 14 : MCP 2025 : Atish Mathur
Parliamentary Procedures : III. Financial Oversight
Components of Union Budget : Prepared by Dept. of Economic Affairs, Ministry of Finance

Components Details

Govt Receipts & Expenditures for current year, previous year, and next financial yr.
Expenditure should clearly mention
Expenses charged to CFI - non votable/only discussed
Salary, Allowances, Pension - Pres, SC Judges, CAG, Vigilance Commissions, UPSC
Annual Fin. Statement
Salary, Allowances - Presiding Officers of LS & RS, HC Judges
Debt Charges/Court Order Enforcement etc.
Expenses made from CFI - votable/discussed
President shall have this laid before both Houses (Art 112)

Expenditure of various Ministries including Demand for Grants (DFGs)

Expenditure Budget DFGs need Prior President Recco.
This later gets consolidated into Appropriation Bill

Receipts Budget The income from tax and non-tax sources

Finance Bill Changes to the country’s existing tax laws with an explanatory memorandum

Under Fiscal Responsibility & Budget Management Act, 2002

Strategy Docs Macro Economic Framework Statement
Fiscal Policy Strategy & Medium Term Fiscal Policy

Stages

1st Part Presentation of Budget in Parl by FM in February

A general discussion on the broad outline of the budget then recess for 3 weeks

2nd Part During recess, DRSCs examine DFGs

Discussion on DFGs
Selected DFGs are discussed and voted
are selected on the recommendation of the Ministry of Parliamentary Affairs, which holds a meeting with
leaders of all parties to arrive at the list of Ministries.
The allocated time is split between parties based on their strength by Speaker
3rd Part Rest are ‘guillotined’ (vote w/o discussion)
Authorising expenditure
The DFGs are consolidated into an Appropriation Bill to sanction the proposed expenditure
This allows govt to withdraw from CFI
Authorising tax changes:
Finance Bill is taken up and passed after DFG Discussion
Lok Sabha must discuss and pass both the Appropriation and Finance Bills to allow implementation of budget
proposals
RS has recommendatory role as these are Money Bills

During DFG Discussion, MPs can move Cut Motions. These motions are a way to initiate a discussion on the DFGs, and express a
disapproval of the expenditure or the policy underlying the expenditure. If a cut motion is passed, the government is expected to resign
but not compulsory. Only in LS and not RS.
Disapproval of a Policy Cut: Aims to reduce the demand from a Ministry to Re 1. This indicates a disapproval of the policy
underlying the specific demand.
Economy Cut: Aims to reduce the demand from a Ministry by a specific amount
Token Cut: Aims to reduce the demand from a Ministry by Rs 100 to express a specific grievance.

During the year if Govt needs more money, can be done through Supplementary Grants
Passed as Appropriation Bills
During election year of whenever expected that budget will take longer to pass, then Vote on Account is approved for a suitable
proportion of the estimated expenditure

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 PCN 14 : MCP 2025 : Atish Mathur

Parliamentary Procedures : III. Financial Oversight

Govt Accounts Structures

Receipts Tax /Non Tax/Grants-in-Aid

General Services,
Social Services,
Expenditure Economic Services,
Grants-in aid and
Revenue Contribution

Consolidated Fund (Art 266)

Charged to/Made From
no amount can be drawn from without due
authorisation from the Parliament
Capital

Receipts Debt/Non Debt

Charged to/Made From

Expenditure

General Services,
Social Services,
Economic Services,
Public Debt,
Loans and Advances,
Contingency Fund (Art 267) Inter-State Settlement,
Transfer to Contingency
Placed at the disposal of the Pres. to fund
facilitate meeting of urgent unforeseen
expenditure by the Govt pending
authorisation from the Parliament.
Later, after parliamentary approval, money
taken out of CFI and CoFI is replenished.

Public Account (Art 266)

Money held by Govt in trust

Public Account funds that do not belong to
the Govt and have to be finally paid back to
the persons and authorities, who deposited
them, do not require Parliamentary Provident Funds,
authorisation for withdrawals Small Savings collections,
Parliament approval is needed when Receipts of Govt set apart for expenditure on specific objects
amounts are withdrawn from the such as road development, primary education,
Consolidated Fund and kept in the Public Other Reserve/Special Funds
Account for expenditure on specific objects

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 PCN 14 : MCP 2025 : Atish Mathur

Parliamentary Procedures : IV. Parliamentary Committees

Type & Nomination/

Committee Functions
Strength Election

24 DRSC org as per Min/Dept :

16 Chaired by LS member and supported by LS Sectt
Dept. Related Jt : Total - 31
Speaker & 8 Chaired by RS member and supported by RS Sectt
Standing 21(LS) +
Chair Examining Bills, Annual Reports, Policy Docs
Comm 10(RS)
Examining Demand for Grants
Examining issues of public important

Public Examines CAG audit reports (Minister can’t be a member)

Jt: Total 22 Elected by LS
Accounts Examine Appropriation Accounts and Financial Statements of various
15(LS) + 7(RS) & RS
Committee Ministries

Jt: Total 22 Elected by LS Examines CAG reports PSUs. (Minister can’t be a member)
Comm. on PSU
15(LS) + 7(RS) & RS Comprehensive, Horizontal, and Sectoral Audits of PSUs.

Estimates
Select : 30 Elected by LS Assists with Parliament’s scrutiny over govt’s exp. and general policies (LS Only)
Comm.

Speaker & Temporary investigative Committees set up for a specific reason and duration to
Jt Parl Comm. Varies
Chair examine issues of public importance or Bills

Select Speaker &

Petitions Hears petitions related to Bills, pending business, or public interest
15(LS)/10(RS) Chair

Govt Select Speaker & Examines assurances made by ministers on the Parl’s floor, and submits reports
Assurances 15(LS)/10(RS) Chair on the status of implementation

Subordinate Speaker & Scrutinises rules and regulations made by the executive under delegated
Select
Legislation Chair legislation

Business Adv. Select Speaker &

Allocates time for various business taken up by the House (Spkr/Chair heads)
Comm. 15(LS)/11(RS) Chair

Select Speaker & Examines the Rules of Procedure of the House and recommends any
Rules
15(LS)/16(RS) Chair amendments or addition (Spkr/Chair heads)

Comm. on Pvt Select

Speaker Examines all PMBs and PMRs, allocates time, (Dy Spkr heads)
member 15 (LS only)

Select Speaker &

Privileges Hears questions relating to the breach of rights, privileges, or immunities
15(LS)/10(RS) Chair

Select Speaker &

Ethics Oversees moral and ethical conduct of Members, examines related cases
15(LS)/10(RS) Chair

General Generally consists of Presiding Officers, Chairpersons Panels, Party leaders

Select Varies Varies
Purposes Advises procedural, functional, ceremonial issue

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 MCP 2025 Live Batch
(PCN) 15 : Judiciary & Legal System

STRUCTURE & OVERVIEW

Supreme Court

Higher Tribunals
Judiciary

High Court

Sessions Court (Criminal) District Court (Civil)

Revenue Courts Lok Adalats
(Land Revenue)
Addl Sessions Judge Addl/[Link] Judge Collector’s/
Commissioner’s
Court
Chief Judicial Magistrate* (CJM) Civil J. Class I (Sr. Div)

Judicial Magistrate First Class* Civil J. Class II (Sr. Div)

(JMFC)
Suborindate
Judiciary
Judicial Magistrate Second*
Class (JMSC)

*Metropolitan Magistrates (MM)

in Cities

Gram Nyayalayas

Bar Council of India

Attorney General Solicitor General
& Sr. Advocates
Additional Solicitor State Bar Councils
Advocates Generals Advocates on Record
Court Bar
Advocate General Associations

Key Insights
1 SC, 25 HCs, 688 District Courts, Additional sub-district courts may operate at the block level.
No State can have more than 1 HC, but can have regional benches and some High Courts have jurisdiction over multiple States & UTs
Bom HC cover MH, Goa, Dadar and Nagar Haveli & Daman & Diu and has regional benches in Nagpur & Aurangabad
SC & HC Judges are appointed by Pres. on basis of a judicially invented ‘Collegium System’ evolved from - 1st. 2nd 3rd Judges Cases and
subordinate judges are appointed by the Governor.
Each State has its own judicial service for the subordinate judiciary, and HC judges are mostly selected from the State’s judicial service
and the State HC’s practising lawyers. State’s judicial service is a competitive exam conducted by SPSC in consultation with state HC.
The judicial service in the subordinate judiciary in a State will generally be broken up between the regular judicial service and the
higher judicial service
District and Sessions Court Judges will be in the more senior cadre, while civil judges and magistrates will be in the lower cadre
Members of the bar can be recruited directly into the senior cadre if they have practised as advocates for 7 years or more -
District Judges require 7 yrs of experience as an advocate and are appointed by Gov after being recommended by concerned HC.
In most States, original jurisdiction for both civil and criminal matters begins in the subordinate courts
In metropolitan areas the distinction between JMFC or JMSC is absent and they are collectively referred to as MM.
Scope of sentencing increases with increase in hierarchy. Under the BNSS (CrPC), a JMFC may pass a sentence of imprisonment <
1 yr, while CJM can pass a sentence <7 yrs.
On the civil side, there is more State variation. Each State has a civil courts act under which a judge will have jurisdiction to hear
a case depending on the monetary amount at stake in the suit.
District courts also house family courts, juvenile courts, Central Bureau of Investigation (CBI) courts, rent control courts, and other
specialised courts created under specific legislation. Judges from the regular judicial service cadre will be appointed to these postings
For some particular local areas, State governments may, after consultation with the High Court of that State, establish a special court
staffed by JMFC/JMSC to try particular cases or classes of offences (only murder or rape cases)
Judges from the regular judicial cadre are also appointed to administrative posts (ie, as court registrars and other key administrative
staff in the judiciary)
SC and HC are both Constitutional Courts. Detailed note on their Powers of Judicial Review already covered under PCN 10.
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 PCN 15 : MCP 2025 : Atish Mathur
Higher Judiciary :Governing & Structural Provisions
Laws & Rules SC Cases Judicial Rules Conventions

Constitution In Re: Special Reference No. 1 Rules made by SC governing internal

Judges (Inquiry) Act, 1968 (Removal) (1998) (3rd Judges Case) procedures
Judges Protection Act, 1985 Memorandum of Procedure (MoP) SC Rules, 2013 after Pres. approval
(Immunities) List of rules and procedures for
SC Judges (No. of Judges), Act, 1956 the Judicial Appointments to SC :
SC Judges (Salaries & Conditions of SC/HC jointly drafted by govt
Strength : Parliament
Service), Act, 1958 & Rules and judiciary and based on 3rd
HC Judges (Salaries & Conditions of Judges Case. Power & Service Conditions : Parliament
Service), Act, 1954 Hurra v. Hurra (2002) HC
Contempt of Courts Act, 1971 Curative Petition Strength : President
Powers & Service Conditions :
Parliament/State Legislature

Criteria SC HC

Appointed by Pres. after consulting SC & HC Judges (Art 124) Pres (CoI) (Art 217)

Oath Pres (III Schedule) Governor (III Schedule)

CJI - (Senior Most by Convention)

CJ/Acting CJ CJI : Senior Most by Convention
Allocates cases, benches, admin head (Master of Roster)

Appts and Transfers through Collegium

3rd Judges Case : (1998)
Appts and Transfers through Collegium
Judges CJI + 4 Senior SC Judges to collectively recommend
CJI + 2 Senior SC to collectively recommend
4th Judges Case (2015) (SC AoR v. UoI)
99th CA 2014 about NJAC struck down

Citizen AND
Citizen AND
HC Judge for 5 Years OR
Judicial Office for 10 Years OR
Qualifications HC Lawyer for 10 Years OR
HC Lawyer for 10 Years OR
Distinguished Jurist as per the President
No minimum age
No minimum age

Security Salary & Pension charged to CFI Salary charged to CFS, pension charged to CFI

Strength Max 34 incl. CJI, Parl. by law to specify exact strength President (no max strength per HC)

Retirement 65 yrs (Can’t practice in any court after) 62 yrs (Can’t practice in same HC and all lower courts)

Resignation to President
Removal : By the President after Parliament Process : Grounds : Proven Misbehaviour or Incapacity
Authority : Parliament : Special Maj II, Process (Judges Inquiry Act, 1968)
Vacancy Motion in any house
Supported by 100 (LS) or 50 (RS), Presiding Officer may accept or reject the motion
3 member committee : CJI/SC (J) + CJ-HC/HC(J) + Distinguished Jurist, Committee report not binding
Special Majority II

Delhi, can be changed and also be at multiple locations Each State must have a HC, Parl by law can provide
Seat
as decided by CJI after Pres. Approval. for common HCs.

Judges Protection Act, 1985

Privileges No court proceedings (civil/criminal) against any judge for anything done in official capacity
Central Govt/State Govt/SC/HC can take any action against a sitting or ex judge

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 PCN 15 : MCP 2025 : Atish Mathur
Higher Judiciary: Supporting Judges

Type SC HC

Under Art 127

Reason : shortage of sitting SC judges (Quorum)
Eligibility : Sitting HC Judge (Qualified to be SC Judge)
Status : Same as SC Judge
Adhoc Period : Temporary - as per need
Process : Under Art 224A (Also informally called adhoc HC Judges)
President Consent
Added via 15th CA, 1963
CJ of Concerned HC Consultation
Reason : None specified in CoI
CJI may request in writing Eligibility :
ex HC Judge
Status : Similar benefits of HC judge not deemed as one
Under Art 128
Period : Temporary - as per need
Reason : None specified
Process : CJ of HC with Pres Consent can request
Eligibility :
ex SC Judge
Retired
ex HC Judge (qualified to become SC Judge)
Status : Similar benefits of SC judge not deemed as one
Period : Temporary - as per need
Process : CJI with Pres Consent can request

Under Art 224(1)

Reason : Increase/Backlog in HC
Eligibility : Qualified to be HC Judge
Addl. NA
Status : Same as HC Judge
Period : 2 yrs max or 62 yrs
Process : Appointed by President

Under Art 224(2)

Reason : Sitting HC Judge unavailable
Eligibility : Qualified to be HC Judge
Acting NA
Status : Same as HC Judge or 62 yrs
Period : Till sitting HC judge become available
Process : Appointed by President

2025 SC Guidelines on appointing Adhoc/Retiring Judges to HC

The SC in 2021 in the case of Lok Prahari had laid down some conditions. On the basis of ANY of these conditions, retired HC judges could
be appointed as adhoc judges. The SC in Jan 2025 has revised some of the guidelines.

Original Guidelines New/Updated 2025 Guidelines

More than 20% vacancies in the HC Removed

Specific type of cases are pending > 5 yrs Same

If more than 10% HC Cases pending > 5 yrs Same

Case disposal rate < New Case filing rate Same

NA Adhoc/Retd Judges < 10% HC sanctioned strength (NEW)

NA Adhoc/Retd. Judges can only hear criminal appeals

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 PCN 15 : MCP 2025 : Atish Mathur
Higher Judiciary : Position & Powers

Criteria SC HC

Art 141 : SC judgements are binding on all courts

Art 227 : HCs have superintendence over all courts under
except higher SC benches
Hierarchy their jurisdiction
Art 144 : All civil and judicial authorities shall assist the SC.
Art 235 : HC will administer subordinate courts
SC has superintendence over all courts.

Both SC(Art 129) and HC (Art 215) are courts of record, all judgements etc shall be recorded till eternity.
Permanence
Also, this allows for both courts to also punish for contempt since everything is on record.

Source
Art 129 : SC can punish for contempt of itself
Art 142 : enforcement of any order
Contempt Act, 1976 + SC Rules, 2013
Contempt Act, 1976 Source
Civil Contempt : disobeying SC order Art 215 : HC can punish for contempt of itself
Criminal Contempt : disrespecting SC or SC judge Contempt Act, 1976 : Contempt of lower courts as
SC Rules, 2013 well
Contempt
Contempt inside Court Contempt Act, 1976 :
punished immediately or on later date Civil Contempt : disobeying HC/Lower court order
Contempt outside Court Criminal Contempt : disrespecting HC/lower court or
suo moto HC judge/lower court
petition by Attorney/Solicitor General
petition by any person,
If criminal contempt is alleged, then written
consent of Attorney/Solicitor General is needed

Suo Moto Art 32, 129 Art 226, 227

Art 138:
Parl can enhance NOT reduce SC powers acc. Union List
After agreement between GoI & Govt of a state, Parl can
enhance SC jurisdiction over agreed issue.
More Powers NA
Art 139: Parl can enhance SC writ powers beyond FR
Art 140: Parl can enhance SC powers irrespective of
constitutional provisions for better use of its jurisdiction
[SC (Enlargement of Crim. Appellate Jurisdiction) Act, ‘70]

SC Staff CJI subject to Parl Law appoints SC officers (CFI Charged) CJHC subject to state law appoints HC officers (CFS Charged)

CJI allots cases to benches (Master of Roster)

SC Rules 2013
Division Bench : 2/3 Cases
Case Allotment Cases where HC pronounced Death Penalty must be CJ HC allots cases to benches (Master of Roster)
heard by atleast 3 judges
Art 145 : Constitution Bench : 5 or more judges :
Interpretation of CoI/Ques of Law

Independence of Judiciary

Favourable Precondition Appointments/Transfer : By Pres after consultation with SC judges (Collegium)

Written Constitution Security of Tenure : Removal By Pres after Parl Maj (Spl II)
Conditions of Service : Salaries can’t be lowered during tenure (Art 125 and
Essential For 221), legislatures cannot discuss conduct unless removing them (Art 121)
Reflections
Rule of Law Powers to punish for contempt
Judicial Review Administer & Recruitment of court staff
Federalism Separation of Judiciary from Executive (Art 50 - DPSP)
Separation of Powers Parliament can only increase SC powers not reduce it
Any Democracy

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 PCN 15 : MCP 2025 : Atish Mathur
Higher Judiciary : Jurisdiction

Jurisdiction SC HC

Art 32 : Writs (Covered in PCN 10)

Art 71 : Pres/VP Election Disputes
Art 131 : Centre State
Grounds Art 225 : Pre Constitution Jurisdiction
Govt of India v any State of HC is protected
Govt of India + State A v. State B Both Parl & States can change
State A v. State B powers
Limitations : [Art 131(Proviso), 262, 280, 290] Art 226 Writs (Covered in PCN 10)
Original Pre Constitution Legalities, Water Disputes, Finance Commission, Art 228 : Transfer Petitions
Adjustment of expenses/pensions between Union & States Grounds : Interpretation of CoI
Art 139A : Transfer Petitions Lower court to HC
Grounds : Similar ques of law across cases Dispose the case
HC to SC, Bench A of SC to Bench B of SC Return to lower court after
After deciding point of law, case can be sent back giving interpretation
Grounds : Interest of Justice : HC to HC
CPC : HC/Civil Court of State A to State B
BNSS : HC/Criminal Court of State A to State B

Art 132 : Interpretation of CoI

Art 133 : Civil Appeals
Art 134 : Criminal Appeals
Appeals require HC to issue a fit for appeal certificate except when (134A)
Court of Appeal
Appellate HC has reversed/overruled trial court acquittal order and awarded
Appeals from subordinate courts
death penalty (Art 134)
HC has reversed/overruled trial court acquittal and awarded 10 yrs or
more imprisonment [SC (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970]

Art 136 : Special Leave Petition (SLP)

Appeal against order of any court/tribunal
Extraordinary No certificate reqd if appeal from HC
NA
Appellate Can also be used if HC denies certificate
Grounds : Substantial or Grave Injustice
Discretionary Power of SC to admit or not

Art 143 : Presidential Reference

Public Importance : SC can deny giving opinion
Pre CoI Legalities : SC must give opinion
Min Constitution Bench of 5 Judges compulsory if SC giving opinion
Advisory NA
under Art 143
Such SC opinions generally not binding
Art 317 : President may refer to SC an inquiry for UPSC/SPSC member
removal to be conducted

Art 137 : SC can review the any of its judgements

SC can make rules for review under Art 145 and they can be overidden
by Parl Law. (no law made)
Review Petition : (review the same judgement again)
Filed under SC Rules, 2013, Discretionary power of SC to admit
Grounds : Legal/Factual Error
Art 142 : SC can pass any order for ‘complete justice’
NA
Art 142 : basis of curative petitions, last available remedy
Invented by SC in Hurra v. Hurra (2002), petitions filed under SC Rules,
Plenary
2013, Discretionary power of SC
Procedure : First heard by bench of 3 senior SC judges and judges who
passed the judgement which is questioned, if agreed by majority then
heard by this very bench)
Grounds : Natural Justice, Judge Bias, Abuse of Court Process

(Both SC and HC can overrule/review earlier judgements of respective smaller benches but only SC can review the same
judgement again through review petitions). SC/HC overruling lower court judgements is regular appellate function NOT review.

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 PCN 15 : MCP 2025 : Atish Mathur
Special Courts

Criteria Tribunals Gram Nyayalaya Lok Adalat

Added via 42 1976 (Swaran

Singh Comm Suggestions)
Gram Nyayalaya Act, 2008
Art 323A : Admin Tribunals
Estd. by State Govt in
Centre/State Level
consultation HC
Governing Can be created only by National Legal Services Authority Act,
Mobile Court : nyayadhikari
Provision Parl 1987
to periodically visit villages
Art 323B : Any other
and conduct proceedings
Can be created by
closer to parties
Parl/State Leg. as per VII
Schedule

Type of alternative dispute redressal

mechanism
Aim to settle/compromise between
parties if parties agree
Any case
As per subject matter of enacted
Jurisdiction Civil & Criminal pending before ANY court
Law
not yet filed before a court and is likely
to can be referred by State/District
Legal Authorities
except non compoundable offences
Civil and Crim. Compoundable

Substitutes/subordinate to HC
(Depending on the Governing
Act)
Appeals to SC (Substitutes) Lowest subordinate court Deemed to be a decree of a civil court and
NGT, Central Admin , Estd for every panchayat at is final and binding on all parties
Hierarchy National Consumer the intermediate level No appeal
Commission, Armed Limited appeals to District No court fee/refund of earlier paid court
Forces Court and HC (Art 227) fee
Appeals to HC (Subordinate)
Income Tax, Customs
Excise

headed by a nyayadhikari Sitting/Retired Judges/Judicial Officers,

Composition Judicial & Technical Members
(qualified to be JMFC) Lawyers, Social Workers

Semi (not bound by CPC but

Procedure Not bound by Procedural Laws Not bound by CPC, BSA(Evidence Act)
BSA(Evidence Act) Applicable]

Types of Lok Adalat

Courts via their Legal Services
Legal Services Authorities Committees (LSCs)

National Lok Adalats

Quarterly for settlement of cases HC (HC - LSC)
National Legal Services Auth
(both pre-litigation and post-litigation)
(NALSA)
in all the courts from the SC to the
Taluk Courts on a single day. DC & Taluk Level Courts
(Taluk LSC)
State Legal Services Auth (SLSA)

Permanent Lok Adalats

District Legal Services Auth (DLSA) Permanent establishments in Districts Sometimes, SC can also organise special lok
to provide compulsory pre-litigative adalats like it did in Aug 2024 celebrating
mechanism for Public Utilites 75 years of SC via SC LSC

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 PCN 15 : MCP 2025 : Atish Mathur
National Legal Services Authority Act, 1987 Legal Aid

Legal Service Authorities Court Legal Services Committees

Art 39A : DPSP ; Also recognised as a FR
under Art 21

NALSA
SC Legal Services Committee
CJI
Set up by NALSA Eligibility
Sitting/Retd SC Judge (exec chair) Women and Children
Sitting SC Judge (Chair)
(Nominated by Pres after CJI Scheduled caste
Other expert members nominated by
Consultation) Scheduled Tribes
CJI as per govt prescribed
Other expert members nominated by Industrial Workmen
qualifications Persons with Disability
Govt after CJI consultation
Persons in Custody
Victims of Human trafficking
Victims of Natural Disasters,
SLSA
HC Legal Services Committee Ethnic/caste violence,
CJ-HC Industrial Disaster
Set up by SLSA
Sitting/Retd HC Judge (exec chair) Persons with an annual income of less
Sitting HC Judge (Chair)
(Nominated by Pres after CJI than Rs 1,00,000/- Or as notified by the
Other expert members nominated by
Consultation) Central/State Governments
CJHC as per govt prescribed 5,00,000 for SC LSC
Other expert members nominated by
qualifications (Legal Aid includes ALL legal costs incurred)
Govt after CJ-HC consultation

Taluk Legal Services Committee

DLSA
Set up by DLSA
Senior most local Judge (Chair)
District Judge (Chair)
Other expert members nominated by
Other expert members nominated by
CJHC as per govt prescribed
Govt after CJ-HC consultation
qualifications

Lawyers

Type Description

Advocates Advocates Act, 1961: enrolled with any bar council, can practice in any court, can’t be full time employed

Advocates Act, 1961: only in SC/HC, right to pre-audience - heard before other advocates, can’t take clients directly,
Sr. Advocates SC/HC have their own guidelines to designate advocates as Senior Advocates, their certification necessary for a
curative petition to be filed.

Advocates on Only in SC, only AoR can file and argue cases in SC, other lawyers can argue if AoR allows in a case. Selection through
Record a written exam - 4 yrs exp and 1 yr training under AoR mandatory before appearing in exam.

Amicus Curiae SC allots a lawyer to unrepresented, compulsory for criminal cases, discretionary for civil cases

Art 76 - highest legal officer, appointed by Pres, qualifications same as to become a SC judge, term of 3 yrs.
Right to an audience (right to conduct legal proceedings) in all courts
Attorney General Right to take part in proceedings of both Houses of the Parliament, parliamentary committees, but cannot vote,
enjoys all the MP privileges
Can only represent the Govt

SG & Addl. SG 2nd/3rd highest legal offrs, statutory post, appointed by Pres for 3 yrs as per Appts. Cabinet Committee.

Art 156 - highest legal officer in the state, apptd by Governor, qualifications same as a HC judge, term of 3 yrs.
Advocate General
Powers, functions, position similar of Attorney General

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 MCP 2025 Live Batch
(PCN) 16 : Centre State Relations

Overview

Part XI Part XII Part XIII Part XVIII Part XXI

Legislative Administrative Finance/Property/ Trade & Emergency Special States

Contracts etc. Commerce

Legislative Relations : Sources

Subject Wise Distribution
Fundamental Rights Other CoI Provisions
Union List (97 Subjects):
Art 13: Ordinary laws made by Art 245- 254 National Imp.
Parl/States cannot violate FRs Exclusive Parl. Powers
Art 35: Only Parl can make Uniform Laws
laws implementing certain FRs State List (66 Subjects):
Local Importance
Exclusive State Powers
Concurrent List (47 Subjects)
Both Parl. & State can make laws
Legislative Powers : Scope
Territorial Subject Matter

Art 245 (Subject to CoI provisions), Art 246

Parl can make laws for whole/part of Union List - Parl, State List - States, Concurrent List - Parl & State (Parl>States),
Territory of India For UTs without legislatures, Parl can make law.
State can make laws for territory of the Doctrines/Principles curated by SC to interpret division of power
state Legislative Plenary Powers : Entries in the lists should be interpreted
Parl can make extra territorial laws (effect liberally.
abroad) Liberal & Harmonious Construction : Subject to Union predominance,
Doctrine of Territorial Nexus entries across lists should be attempted to co-exist/reconciled
State normally cannot make laws having an Ancillary/Incidental Powers : Subject to division of powers, a specific entry
effect outside the state unless there is also includes power to legislate on closely/matters related matters to that
enough connection between the State and entry.
the subject matter of the law. power to levy a tax also includes power to check tax evasion
Pith & Substance : If main subject matter of a law falls within powers, then
incidental cross over/encroachment to other lists is alright.
Colourable Legislation : Any legislature cannot circumvent/bypass the
division of powers directly or indirectly
Art 246A : GST : Parl & State can make GST laws, only Parl law for interstate GST
Essentials for Federalism Added via 101 CA, 2016
Written Constitution Art 248 : Residuary Powers : (not in any list) -
Independence of Judiciary Only Parl can make laws (supported by Entry 97 - List I)
Democracy Art 254 : Concurrent List Conflict
Constitutionalism Inconsistency/Repugnancy between Union & State Laws in Concurrent List
Repugnancy means Union and state laws on the same subject leading to
different outcomes.
Normally, Union Law > State Law irrespective of when laws were made unless
State law was reserved for Pres Assent and received it. [Art 254(2)]
Even then Parl can pass can overriding law [proviso to Art 254(2)]

Important Insights
Our Constitution does not provide for a rigid separation of legislative powers between the Union and States. This is reflected through
the existence of concurrent list and some subjects in the state list subject to the Union list as explicitly mentioned in the CoI. (e.g. -
Entry 17 of State List (Water) subject to Entry 56 of Union List (inter state rivers)
Sch VII does not defined legislative competence, it simply outlines the scope or areas or fields of law making
There are NO specific taxation powers in the Concurrent List.
While Legislative Relations and Administrative Relations are explicitly mentioned as Chapters in CoI, there is no such thing as ‘Financial
Relations’.

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Centre > States : Legislative Relations

State lists to be interpreted as per Union and Concurrent List (Art 246)
Concurrent Lists : Union > State (Art 254)
Union List has most subjects
Residuary powers with the Parliament (Art 248)
Scenarios where Parliament can makes laws on State List Subjects :
RS passes a resolution with Special Maj II in National Interest or GST related laws authorising the Parl to make law on state list
entries (Art 249)
Such a law can be made for entire/partial Territory of India till validity of the resolution
Resolution is valid for a year and can be extended for 1 more year by same majority
During National Emergency, Parliament can make laws on all lists incl. state list. and GST for entire/partial Territory of India (Art
250)
Only when the Parl actually makes laws under Art 249/250 is when state laws/law making powers becomes restricted. Even if
resolutions and proclamations are passed/issued respectively, unless follow up Parl Laws are made, state powers are not restricted
(Art 251)
2 or more states pass a resolution using simple majority authorising the Parl to make a law on the State List (Art 252)
Other states can also adopt the same law by passing a resolution using simple majority
Such a law made can only be amended by the Parliament and not the State legislatures concerned.
If law needs to be made on a state list subject to implement an international treaty, the Parl can without any spl permission. (Art
253)
Pres. can authorise the Parl. to exercise powers of the concerned state legislature during Pres Rule (Art 356)
Parl. can make laws for Union Territories without a legislature/any territory not a state on any subject in any list (Art 246)
Parl. can set up courts for better administration of Union Laws (Art 247)
A bill imposing reasonable restrictions in public interest on inter/intra state trade and commerce w.r.t a specific state cannot be
introduced in that specific state without prior recommendation of the President [Art 304(b)]
Governor can reserve any bill for President (Art 200) (Governor’s constitutional discretion, not bound by State CoM Advice)
State Bills that should/must be reserved for Pres. Assent by Governor after being passed by the state legislatures
state bill about land acquisition/merging companies etc. (proviso to Art 31A)
state bill implementing Art 39(b)(c) (proviso to Art 31C)
state bill adversely affecting the powers of the HC as envisaged in CoI (proviso to Art 200)
state bill on concurrent list when central law exists (exception of Union Law > State Law in Concurrent List) [Art 254(2)]
state bill taxing water/electricity provided by any authority created by Parl Law [Art 288(2)]
state money and financial bills (I and II) passed during Financial Emergency if such direction issued [Art 360(4)(ii)]

Administrative Relations : Art 256 -263

Provision Meaning/Description

State executive power to be used in adherence with Parliamentary Laws and Union can use its executive power in to
Art 256
ensure states are adhering to parliamentary laws. for eg - to implement Untouchability laws made by Parl.

State executive power cannot obstruct Union Executive Power

Union can give directions to states ensuring above principle of state exec. power not interfering with Union exec.
Specific Union directions can be given for
construction and maintenance of means of means of communication of national/military importance.
Art 257 measures to be taken for protection of railways within the states.
Centre and State can mutually decide cost sharing for above 2 reasons or can ask CJI to appoint an
arbitrator
If any Union direction is not followed by the States then Pres can hold that state govt cant be carried on as per the
CoI provisions. (Consequently, Pres Rule/State Emergency can be imposed)

PRINCIPLE : Both the Union and States can delegate their functions to each other with mutual consent
Pres. can allot Union Executive functions to states WITH their consent
Art 258 Parl can authorise using state machinery with necessary powers to implement Union Laws. State consent is not
needed in this case. (C>S)
Art 258A: states via Governor can entrust state functions to the Union with Union consent.

Art 260 Union has exclusive jurisdiction over territories outside India

Full faith & credit to be given to laws, records, judicial proceedings across territory of India to ensure national
Art 261
recognition, validity, and enforcement.

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Administrative Relations : Art 256 -263

Water Governance

Provision Meaning/Description

Parliament by law can provide for separate redressal mechanism for inter state water disputes and such a law can
even restrict SC jurisdiction for the same.
Parl created Inter State Water Disputes Act, 1956 which allows for creating specific tribunals solving disputes.
Central Govt can create a tribunal after receiving a complaint from a state govt
Such a tribunal is only created if the Centre also agrees so.
Art 262 If above both conditions are satisfied then, tribunal must be created within a year of state complaint.
Central Water Commission is a premier Technical Organisation in the field of Water Resources and is presently
functioning as an attached office of the Ministry of Jal Shakti.
Work includes initiating, coordinating and furthering in consultation of the State Governments concerned,
schemes for control, conservation and utilisation of water resources throughout the country, for purpose of
Flood Control, Irrigation, Navigation, Drinking Water Supply and Water Power Development

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Finance Relations

Inter alia, Finance Commission recommends the basis of distribution of duties/taxes between the Centre & States from the divisible pool

No tax can applied without a law.

Duties & taxes on subjects mentioned Union and State List subject levied and collected by Centre & State respectively
subject to -
Art 268 - Stamp duties mentioned in Union List levied by Union but collected and fully used by States
Duties Art 269 - Some taxes are levied on activities that happen across multiple states (like inter-state trade or commerce).
& The Centre collects these taxes, but the revenue belongs to the States and is can be regulated by Parliamentary law.
Taxes (mostly now covered under IGST, but goods not covered under GST regime but sold inter state are governed under this
provision)
Art 269A: Post GST, inter state supplies of goods/services via IGST
Other Union taxes like Income Tax and duties like Excise are shared with states based on Finance Commission
recommendations (Art 270)
Central cess and surcharges are not divisible/shared
Central GST is shared as per GST Council formula not as per Finance Commission

GST

Merged several Central and State 101 CA, 2016

indirect taxes & duties Art 246A : Parl & State can make
Concurrent jurisdiction for levy & GST laws, Parl law for interstate
collection of GST by the Centre (CGST) GST
and the States (SGST) Tax Rates - 5%, 12%, 18%, 28%
Art 279A : GST Council
Centre levies and collects IGST on Union Tax Merged
Central GST Act 2017
supplies in the course of inter-State Central Excise Duty, Service Tax,
Integrated GST Act 2017
trade or commerce including imports. Surcharges & Cess
Respective State GST Acts passed by
Compensation for loss of revenue to State Taxes Merged
state legislatures
States for five years State VAT/sales tax, Purchase tax,
UT GST Act 2017
Compensation to be provided entertainment tax, luxury tax, entry
GST Compensation Act 2017
through Cess tax, taxes on lottery/betting
GST Network was registered as a non-
GST Council decides tax rates and gambling.
government, not-for-profit, private
inclusion/exclusion of goods/services limited company under the Companies
in GST Act. It is online platform for GST
Also provided for a anti profiteering payments.
authority (now dealt by CCI)

Art 273: Grants-in-aid will be given to the States of Assam, Bihar, Odhisa and West Bengal in lieu of export duty on the jute
products. The sums of such grants are prescribed by the President with the consultation of the Finance Commission.
Art. 275: Parliament to make such grants, as it may deem essential, to the States which are in need of financial assistance.
Grants Also provides for special grants given to the States which undertake schemes of development for the"purpose of promoting
the welfare of the SC/ST. Assam gets a special grant for this purpose.
Finance Commission recommends principles for distribution of these grants. These are also called statutory grants.
Art. 282: Both the Union and a State make grant for any 'public purpose’, even if it relates to a subject matter over which it
cannot make laws.
These are also called discretionary grants as they are at the discretion of the Centre,

Borrowing Art 292 : Union can borrow keeping CFI as security and conditions can be set by Parliament.
Art 293 : State Executive can also borrow keeping CFS as security and conditions can be set by State Legislature.
Centre can also give loans to states as long as overall Parliamentary Limits under Art 292 are not breached.
States normally can’t raise more loans if there’s a pending Central Loan.

Inter State Trade & Commerce : Art 301 - 307

Otherwise free, Parliament can impose reasonable conditions on freedom of trade, commerce or intercourse in public interest.
Unless dealing with scarcity of goods, no law can be made by either Parl. or state legislatures creating any preference/discrimination.
State legislatures can impose taxes of outside goods coming into the state so as to not have any discrimination against internally produced
goods.
State legislatures can also impose reasonable conditions on freedom of trade, commerce or intercourse in public interest but such a bill
would require Pres Sanction to be introduced in the state legislature (C>S)

PS : All bodies including the ones referred here are to be dealt separately under a different Concise Note.

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Emergency

Type Approval, Extension, Revocation Grounds, Impact, Conditions

Grounds
Indian security threatened by external aggression/armed
rebellion (previously internal disturbance till 44th CA, 1978)
Imposed thrice
1961 & 71 : external aggression
1975 : internal disturbance
Conditions (Art 353 & Art 354)
Union Cabinet must recommend Nat. Emergency to Pres. in
writing (44th CA, 1978)
Proclamation valid for 6 months.
Can be imposed if before, during, and after external
Approval
aggression/armed rebellion
LS & RS both should pass with Spl Maj
If LS is dissolved, then RS approval for time being is valid, LS
II within 30 days.
can approve within 30 days of next session.
Extension/Duration
Art 20 & 21 can’t be suspended (44th CA, 1978)
Indefinitely, 6 months at a time.
Only emergency laws are protected from being challenged in
Revocation
court of law and no other laws which are not related to the
National By Pres
emergency
(Art 352) LS - simple Maj.
(44th CA, 1978)
If LS not in session, 1/10th members
Impact (Art 353 & Art 354)
can send a notice to Spkr/Pres
Union executive power shall extend to the giving of any
expressing intent to end emergency.
direction to any State in the declared emergency area
Special sitting must be conducted
Parl. can make laws on State List
in 14 days.
President can alter the distribution of revenues that are
normally for states
such orders to be placed immediately before Parl.
LS and SLA can be extended by 1 yr at a time & not
extending in any case beyond a period of six months after
the proclamation ceased to exist
Art 19 automatically suspended but only when grounds are
ext. aggression (44th CA, 1978)
such orders to be placed immediately before Parl. (44th
CA, 1978)
(National Emergency makes India Unitary, it does not lead to
dissolution/suspension of State Legislatures/Executive)

Grounds - failure of a state’s consti. machinery

Union Government duty to protect States against ext.
aggression and int. disturbance & ensure CoI is followed in
the states (C>S)
Conditions
Approval
Governor may recommend but can be imposed even without
LS & RS both should pass with Simple
it.
Maj within 60 days.
SLA cant be dissolved before Parliament approves state
Extension
emergency (SR Bommai, 1994)
3 years, 6 months at a time
If LS is dissolved, then RS approval for time being is valid, LS
State Can only be extended beyond 1 yr if
can approve within 30 days of next session.
(Art 356) National Emergency is also imposed
Impact
or Election Commission certifies that
President may assume to herself any state govt function and
it is difficult to hold elections to
all or any of the powers vested in or exercisable by the
concerned SLA.
Governor or anybody or authority in the state other than the
Revocation
State Leg.
By Pres
(this allows for suspension/termination of state executive)
Pres. may declare that State Leg powers shall be exercisable
by or under the authority of Parl
(this allows for suspension/dissolution of state legislatures)
HC powers can’t be subsumed by the Pres.

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Type Approval, Extension, Revocation Grounds, Impact, Conditions

Grounds
threat to Indian financial stability or credit
Approval Conditions (Art 353 & Art 354)
LS & RS both should pass with Simple Pres must be satisfied of the situation
Maj within 60 days. If LS is dissolved, then RS approval for time being is valid, LS
Financial
Extension/Duration can approve within 30 days of next session.
(Art 360)
Indefinitely Impact (Art 353 & Art 354)
Revocation Union can give any direction to states to observe financial
By Pres prudence such as reducing salaries of state employees
President can also issue similar directions such as reducing
salaries of union employees, SC/HC judges.

Criteria Special States Schedule V Schedule VI

Provs. Article 371 to 371J(Part XXI) Art 244 Art 244 & Art 275

Art 371 : MH & GJ

Notified districts in 10 States:
separate development boards for
Himachal Pradesh,
Vidarbha, Marathwada, Saurashtra, and
Rajasthan, Gujarat,
Kutch regions by Pres Assam
Maharashtra, Andhra
Art 371A : NG (13 CA, 1962) North Cachar Hills
Pradesh, Telangana,
Parl law regarding Naga customary law, District & Karbi
Odisha, Jharkhand,
social practices, and land rights requires Anglong District
Chhattisgarh and Madhya
consent of NG SLA Bodoland Territorial
Pradesh
In matters related to internal disturbances Areas District
Some areas under Sch V are
in the Naga Hills, the Governor can act at Tripura
governed under PESA, 1996
his individual discretion and must report Tripura State, except
while others under Sch V itself.
directly to the Pres. Shillong Municipal and
Tribal Advisory Council set up
creation of regional councils Cantonment Area
for Non PESA areas -
Art 371B : Assam (22 CA, 1969) Mizoram
may advise on regulations
Pres. can create a committee of elected Chakma,Mara & Lai
to be made at initiative of
members from tribal areas (Sch VI) within District
and by Governor
Assam SLA Meghalaya
PESA : Gram Sabha (Spl)
Art 371C : Manipur (27 CA, 1971) Garo, Khasi, Jaintia
Power of subordinate
Pres. can create a committee of elected Hills District
legislation w.r.t
members from hill areas within Manipur Governor’s power of
consumption of
SLA determining any dispute
intoxicants, minor forest
Features Union can give directions for hill areas, over sharing of royalty or
produce, land-alienation,
gov to submit report to Pres fees pertaining to mining
village markets, money-
Art 371D & E : Andhra (32 CA, 1973) between District Council
lending, control over social
Also applies to TL and the State is
sector institutions, local
Intra state zones for education and discretionary.
plan and resources for
employment can be set up & Pres can District Council &
them, if and when given by
issue orders for local preferences in these (Autonomous) Regional
State Legislature.
zones/areas. Council created
Approval is mandatory for
Central University in AP. Can make laws on land,
implementation of local
Art 371F: Sikkim (36 CA, 1975) non reserved forests,
plans, minor minerals, land-
1 LS and 1 RS seat inheritance, village admin,
acquisition and
Art 371G: Mizoram (53 CA, 1986) marriage, divorce etc.
rehabilitation associated
Parl law regarding Mizo customary law, Some Central/State laws
with development projects.
social practices, and land rights requires may not be applicable or
State Legislature is
consent of Mizo SLA may require to adapted
prohibited from making
Art 371H : Arunachal before being applicable to
laws inconsistent with
Governor discretion w.r.t law & order these areas.
customary laws and
Art 371I : Goa (SLA not less than 30) 73 CA (Panchayati Raj)
practices but union laws
Art 371J : Karnataka (98 CA, 2012) does not apply
BNS, BNSS etc applicable.
separate development boards by Pres
73 CA (Panchayati Raj)
spl reservation in edu & jobs for locals in
does not apply
Hyd - KN region.

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