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βš›Post of Deputy CM

βœ…Articles 163-164 deals with Council of Ministers (CoM) in states.
βœ…Article 163(1) of the Constitution says, β€œThere shall be a Council of Ministers with the Chief Minister at the head to aid and advice the Governor in the exercise of his functions”.
βœ…Article 164 (1) says β€œthere shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions.”
βœ…Hence, neither Article 163 nor Article 164 mentions a Deputy Chief Minister.
βœ…Therefore, the post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state).
βœ…The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
βœ…Ten other states in the country (besides Karnataka) currently have Deputy CMs.
βœ…Perhaps the first Deputy CM in India was Anugrah Narayan Sinha. He was served as the Deputy Chief Minister cum Finance Minister from the time of the first Congress Ministry of Bihar in 1937 till his death on 5 July 1957.

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βš›Preamble:

βœ… Adopted from US constitution.
βœ… Introduction or Preface to Constitution.
βœ… Identity card of Constitution.
βœ… Based upon β€˜Objective resolution’ of Nehru.
βœ… Source is People.
βœ… Non justiciable.
βœ… Neither source of power nor any restriction over legislature.
βœ… Preamble can be amended but it should not alter basic feature of Constitution.
βœ… preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.

β–ͺ️Sovereign meaning:

βœ… the word β€˜sovereign’ is taken from constitution of Ireland.
βœ… India as independent nation.
βœ… Free to take own decisions.
βœ… Freedom to conduct its foreign relations.
βœ… India can acquire foreign territory or cede its territory to other country.

β–ͺ️Socialist meaning:

βœ… was not originally mentioned in Constitution.
βœ… DPSP implicitly made India a socialist state.
βœ… INC in Avadi session declared socialist pattern of society.
βœ… India is democratic/Gandhian socialism not communist Socialism.
βœ… Indian socialism is mixed of Gandhian and Marxist Socialism.
βœ… wealth should be shared equally by society through distributive justice.
βœ… Not concentrated in the hands of few.

β–ͺ️Republic meaning:

βœ… Head of state is always elected.
βœ… India is republic since head of state i.e. President is elected not hereditary.
βœ… Absence of any privileged class.
βœ… Political sovereignty into people.
βœ…Voice of people is paramount.

β–ͺ️Justice meaning:

βœ… adopted from Russian revolution.
βœ… Social justice: equal treatment for all (no privileges) with preferential treatment towards weaker section of society.
βœ… Economic justice: elimination of economic inequality.
βœ… Political justice: equal political right, voice, choice.

β–ͺ️Liberty Meaning:

βœ… From French revolution.
βœ… Absence of restraints.
βœ… Opportunity to individual to enjoy freedom and strive for development.
βœ… Thought, expression, belief, faith and worship.
βœ… Liberty is qualified and subjected to reasonable restriction.

β–ͺ️Preamble signify:

βœ… Basic philosophy.
βœ… Ideology.
βœ… Values of constitution.
βœ… Dream of our forefathers.
βœ… Horoscope of Nation.
βœ… Key note to Constitution
βœ… Declaration of Independence.
βœ… Preamble is part of Constitution.

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Forwarded from LAW Previous Year Papers
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UP Judiciary Mains Exam 2022
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πŸ‘β€πŸ—¨Article 239AA

πŸ”²Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. That’s when Delhi was named as National Capital Region (NCT) of Delhi.

πŸ”²As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.

πŸ”²Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws.

πŸ”²Further, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land – LG would not need aid and advise from the Council of Ministers. For other matters enumerated in the State List, this arrangement would work.

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πŸ‘β€πŸ—¨Article 239 AB

πŸ”²Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.

πŸ”²Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be β€˜carried on in accordance with the provisions of the Constitution.’ This power to impose β€˜President’s Rule’ has mostly been exercised in two limited circumstances β€” where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.


πŸ”²Article 239 AB (a) says β€œif the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.

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πŸ’ 9th, 10th, 11th and 12th Schedule

πŸ›‘οΈNinth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.

πŸ›‘οΈHowever, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.

πŸ›‘οΈ10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.

πŸ›‘οΈ11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.

πŸ›‘οΈ12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.

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