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What are the various nuances in Prelims which one must remember?

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  • A constitution amendment bill can be introduced either by a minister or a private member and doesn't require the president's prior permission whereas a money bill can be introduced only by a minister and with the prior permission of the president
  • Chairman of the Joint State Public Service Commission is appointed and removed by the president unlike the Chairman and members of the SPSC which though can be removed only by the president but are appointed by govenor.
  • Though not a member of the Rajyasabha, chairman can exercise a tie-breaking vote.
  • There is no reservation in Rajya Sabha .
  • A significant loophole in the RPA 1951:
    If a candidate fails to lodge the account of election expences as per the requirement of the law EC may disqualify him/her for 3 YEARS.
    Now this does not serve the purpose as except for an odd bye election that may or may not take place in those 3yrs the candidate will again be eligible for general elections
  • 1) Nominated members of the Rajya Sabha/Lok Sabha do not vote in the presidential elections. They can however, vote in the vice-presidential elections.
    2) No scope exists for a joint session of both houses of the parliament in case of constitution ammendment bill.
    3) Attorney general can be a member of any committee of the parliament but he cannot vote in that committee.
    4) The distinction between cabinet/state and deputy ministers is a statutory one and not constitutional. Though. the term 'cabinet' has been mentioned in Article 352.
    5) A writ of mandamus cannot be issued against the president of India or the governor of any state.
  • 1) A national emergency can be proclaimed due to war, external aggression or armed rebellion. (Note: it can't be proclaimed on the ground of "internal disturbance")
    2) though the proclamation of national emergence requires lok sabha's approval( simple majority) but its revocation requires the approval of both the houses (special majority)
    3) president can unilaterally revoke the proclamation of national emergency without the parliament's approval
  • Article 13 declares that all laws that are inconsistent with any of the fundamental rights shall be void. The wide definition of a law includes - permanent laws, temporary laws, legislations and even non-legislative sources of law. However, constitutional amendment is not a law and hence cannot be challeneged on the basis on Article 13. It can however be challenged on the grounds of violating the 'basic structure' of the constitution.
  • 1) A national emergency can be proclaimed due to war, external aggression or armed rebellion. (Note: it can't be proclaimed on the ground of "internal disturbance")
    2) though the proclamation of national emergence requires lok sabha's approval( simple majority) but its revocation requires the approval of both the houses (special majority)
    3) president can unilaterally revoke the proclamation of national emergency without the parliament's approval
    The proclamation of emergency requires approval of both houses with special majority and revocation only requires approval of lok sabha with simple majority
  • 1) A national emergency can be proclaimed due to war, external aggression or armed rebellion. (Note: it can't be proclaimed on the ground of "internal disturbance")
    2) though the proclamation of national emergence requires lok sabha's approval( simple majority) but its revocation requires the approval of both the houses (special majority)
    3) president can unilaterally revoke the proclamation of national emergency without the parliament's approval
    The proclamation of emergency requires approval of both houses with special majority and revocation only requires approval of lok sabha with simple majority
    @GregoryHouse .. You are correct. I apologise for my mistake

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