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Constitution Articles 52 to 200: Direct Questions Most Aspirants Miss ||THE TEST GURU ||

THE TEST GURU

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Constitution Articles 52 to 200: Direct Questions Most Aspirants Miss ||THE TEST GURU ||

38 просмотров · 6 дней назад
THE TEST GURU
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38 просмотров · 6 дней назад
: The Union Executive (Articles 52–78) Article 52 & 53: Establishes the office of the President and specifies that the executive power of the Union is vested in the President, to be exercised directly or through subordinate officers in accordance with the Constitution. Supreme Court rulings emphasize that the President is the constitutional head, acting upon the aid and advice of the Council of Ministers. Electoral College (Articles 54 & 55): Consists of elected members of both Houses of Parliament and elected members of Legislative Assemblies of the States (including Delhi and Puducherry via the 70th Amendment). System of proportional representation by means of a single transferable vote. Uniformity in scale of representation across states. Impeachment (Article 61): Sole ground: Violation of the Constitution. 14 days' prior written notice signed by at least 1/4th of the total members of the initiating House. Must be passed by a majority of not less than 2/3rds of the total membership of each House. Pardoning Power (Article 72): Covers court-martial cases, offenses against Union laws, and death sentences. Pardon, Reprieve, Respite, Remission, Commutation. Key rulings: Kehar Singh v. Union of India, Epuru Sudhakar v. State of AP (judicial review of arbitrary or mala fide exercise). Module 2: The Parliament & Legislative Procedures (Articles 79–123) Composition (Articles 79–81): Rajya Sabha (Council of States): Max 250 members (12 nominated for literature, science, art, social service). Lok Sabha (House of the People): Territorial representation directly elected. Sessions & Prorogation (Article 85): Maximum gap between two sessions cannot exceed 6 months. Disqualifications (Articles 101–104): Includes office of profit, citizenship issues, and the Tenth Schedule (Anti-Defection). Parliamentary Privileges (Article 105): Freedom of speech in Parliament, immunity from court proceedings for statements made or votes given. Financial Matters & Ordinary Bills (Articles 107–117): Money Bills (Article 110): Sole discretion of the Speaker; Rajya Sabha has limited power (14 days return recommendation). Financial Bills Category I (Article 117(1)) vs. Category II (Article 117(3)). Joint Sitting (Article 108): Summoned by the President, presided over by the Lok Sabha Speaker. Not applicable to Money Bills or Constitutional Amendment Bills. Ordinance Power (Article 123): Exercised only when either or both Houses are not in session. Subject to satisfaction of emergent circumstances. Ceases to operate 6 weeks from the reassembly of Parliament. D.C. Wadhwa and Krishna Kumar Singh cases highlight limits on re-promulgation. Module 3: The Union Judiciary (Articles 124–147) Appointment & Removal (Article 124): Collegium system evolution (First Judges, Second Judges, Third Judges, NJAC Act 99th Amendment Strike-down). Removal by address of both Houses supported by a special majority (majority of total membership and 2/3rd present and voting) on proved misbehavior or incapacity. Jurisdictions: Original (Article 131): Intergovernmental and federal disputes exclusively. Appellate (Articles 132–134A): Constitutional questions, civil matters, and criminal appeals. Special Leave Petition (Article 136): Discretionary plenary power of the Supreme Court against any decree, order, or sentence from any court/tribunal (except armed forces tribunals). Review & Curative (Article 137): Power to review its own judgments; curative petition framework established in Rupa Ashok Hurra v. Ashok Hurra. Advisory (Article 143): Reference by the President on questions of law or public importance. Module 4: The State Executive & Legislature (Articles 152–213) The Governor (Articles 153–161): Appointment by President during pleasure (Article 156). Dual role: Constitutional head of state and representative of the Union. Pardoning power under Article 161 (cannot pardon death sentence or court-martial, though remission powers apply). Discretionary powers under Article 163 (distinct from the President’s non-discretionary role under Article 74). State Legislative Machinery (Articles 168–212): Unicameral vs. Bicameral assemblies. Reservation of Bills for Presidential Consideration (Article 200 & 201). Governor’s Ordinance-Making Power (Article 213). Module 5: High Courts & Subordinate Courts (Articles 214–237) High Court Writs (Article 226): Wider scope than Article 32 (covers Fundamental Rights and "any other purpose"). Territorial jurisdiction and cause of action clauses. Superintendence (Article 227): Administrative and judicial superintendence over all subordinate courts and tribunals within its territorial jurisdiction. Subordinate Courts (Articles 233–237): Appointment of District Judges via High Court consultation and regulation of judicial service recruitment.