CL-2A – Lawsage

Comptroller and Auditor General of India (CAG)

Asked 2 Times

The Comptroller and Auditor General of India (CAG) is an independent constitutional authority established under Article 148 of the Constitution. He is known as the guardian of the public purse because he audits government accounts and expenditure. The CAG checks whether public money is spent according to law and for the purpose approved by Parliament. He audits the accounts of the Central Government, State Governments, and certain public sector undertakings. The reports of the CAG are submitted to the President or Governor and are placed before Parliament or the State Legislature. Thus, the CAG ensures financial accountability and transparency in government administration.

Example: If a government department spends ₹100 crore on a project, the CAG examines whether the money was spent legally and properly.

Judicial Review

Asked 2 Times

Judicial Review is the power of the courts to examine the validity of laws and government actions. If any law or action violates the Constitution, the courts can declare it unconstitutional and void. The Supreme Court and High Courts exercise this power. Judicial review protects Fundamental Rights and maintains the supremacy of the Constitution. It acts as a check on the Legislature and Executive and prevents misuse of power. Therefore, judicial review is an essential feature of the Indian Constitution.

Example: If Parliament passes a law that violates Fundamental Rights, the Supreme Court can strike down that law.

Contractual Liability of the State

Asked 2 Times

Contractual Liability of the State refers to the legal responsibility of the government arising out of contracts entered into by it. Article 299 of the Constitution lays down the procedure for government contracts. A government contract must be made in the name of the President or Governor and must be executed by an authorized person. If these requirements are not followed, the contract may become invalid. The State can sue or be sued in matters relating to valid contracts. Thus, contractual liability ensures that the government honours its contractual obligations according to law.

Example: If the government signs a contract with a company to build a bridge and fails to pay, the company can sue the government.

Doctrine of Basic Structure

Asked 1 Time

The Doctrine of Basic Structure means that Parliament cannot alter or destroy the basic features of the Constitution while exercising its power of amendment under Article 368. This doctrine was established by the Supreme Court in the Kesavananda Bharati case (1973). Features such as democracy, secularism, judicial review, and rule of law form part of the basic structure. Any amendment that damages these essential features can be declared invalid by the courts. Therefore, the doctrine protects the identity of the Constitution.

Example: Parliament can amend the Constitution, but it cannot abolish democracy or judicial review.

Ordinance

Asked 1 Time

An Ordinance is a temporary law issued by the President under Article 123 when Parliament is not in session and immediate action is necessary. An Ordinance has the same force as an Act of Parliament. However, it must be approved by Parliament after it reassembles. If not approved, it ceases to operate. The ordinance-making power is used only in urgent situations. Thus, an Ordinance helps the government take immediate action when Parliament is not sitting.

Example: If an urgent economic measure is needed while Parliament is not in session, the President may issue an Ordinance to address the situation immediately.

Prorogation

Asked 2 Times

Prorogation means the termination of a session of Parliament by the President of India. It ends a session of either House of Parliament after the business of that session is completed. The President exercises this power under Article 85 of the Constitution on the advice of the Council of Ministers. Prorogation is different from adjournment because adjournment only suspends a sitting for a short period, whereas prorogation ends the entire session. Pending bills do not lapse because of prorogation.

Example: After completing the Monsoon Session, the President may prorogue Parliament until the next session is summoned.

Transfer of Judges

Asked 1 Time

Transfer of Judges means shifting a High Court Judge from one High Court to another. This power is provided under Article 222 of the Constitution. The President transfers a judge after consultation with the Chief Justice of India. The purpose of transfer is to maintain judicial independence and improve the administration of justice. The transferred judge is entitled to compensatory allowances as prescribed by law.

Example: A judge serving in the Madras High Court may be transferred to the Karnataka High Court by the President.

Doctrine of Repugnancy

Asked 1 Time

The Doctrine of Repugnancy applies when a State law conflicts with a Central law on a subject mentioned in the Concurrent List. According to Article 254 of the Constitution, if there is inconsistency between the two laws, the Central law generally prevails. However, if the State law has received the President's assent, it may prevail within that State. This doctrine helps resolve conflicts between Union and State legislation.

Example: If Parliament and a State Legislature make conflicting laws on education, the Central law usually prevails.

Functions of Parliament

Asked 1 Time

Parliament is the supreme legislative body of India consisting of the President, Lok Sabha, and Rajya Sabha. Its main function is to make laws for the country. Parliament also controls public finance by approving the budget and taxation measures. It exercises control over the Executive through questions, debates, and motions. Parliament also performs constitutional, electoral, and judicial functions.

Example: Parliament passes laws such as taxation laws, criminal laws, and constitutional amendment laws.

Constitutional Duties of the Prime Minister

Asked 1 Time

The Prime Minister is the head of the Council of Ministers and the real executive authority in India. His duties are mainly provided under Article 78 of the Constitution. The Prime Minister advises the President on government matters and communicates the decisions of the Council of Ministers to the President. He allocates portfolios among ministers and coordinates the work of different ministries. The Prime Minister also represents the government in Parliament and leads national policy-making.

Example: When important decisions such as economic reforms are taken, the Prime Minister coordinates the ministers and informs the President about those decisions.

Power of Supreme Court to Withdraw and Transfer Cases

Asked 1 Time

The Supreme Court has the power to withdraw and transfer cases from one High Court to another under Article 139A of the Constitution. This power is exercised when the same or similar questions of law are pending before different High Courts. The Supreme Court may transfer such cases to avoid conflicting judgments and ensure uniform interpretation of law. The Court may act on its own or on an application made by a party. Thus, this power helps maintain consistency and efficiency in the judicial system.

Example: If the same constitutional issue is pending before several High Courts, the Supreme Court may transfer all cases to itself for a common decision.

Colourable Legislation

Asked 1 Time

The Doctrine of Colourable Legislation means that what cannot be done directly cannot be done indirectly. A legislature cannot exceed its constitutional powers by disguising its actions. This doctrine applies when a law appears to be within the authority of the legislature but, in reality, it deals with a matter outside its jurisdiction. The courts examine the true nature and purpose of the law to determine its validity. Thus, the doctrine prevents misuse of legislative power.

Example: A State Legislature cannot make a law on a Union List subject by giving it a different name to hide its true purpose.

Ratio Decidendi

Asked 1 Time

Ratio Decidendi means the legal principle or rule on which a court's decision is based. It forms the binding part of a judicial decision. Lower courts are required to follow the ratio decidendi of higher courts in similar cases. It helps ensure consistency, certainty, and uniformity in the administration of justice. Thus, ratio decidendi forms an important part of the doctrine of precedent.

Example: If the Supreme Court lays down a legal principle while deciding a case, lower courts must follow that principle in future similar cases.

Liability in Government Contracts

Asked 1 Time

Liability in Government Contracts refers to the responsibility of the government arising from contracts entered into by it. Article 299 of the Constitution governs such contracts. A government contract must be made in the name of the President or Governor and executed by an authorized person. If the contract satisfies the constitutional requirements, the government can sue or be sued like any private person. This ensures fairness and accountability in government transactions.

Example: If the government enters into a valid contract for road construction and fails to make payment, the contractor can seek legal remedies.

Doctrine of Pleasure

Asked 1 Time

The Doctrine of Pleasure means that government servants hold office during the pleasure of the President or Governor. This doctrine is recognized under Article 310 of the Constitution. It allows the government to remove public servants from office, subject to constitutional safeguards. However, Article 311 provides protection against arbitrary dismissal, removal, or reduction in rank. Thus, the doctrine balances executive control with protection of civil servants.

Example: A government employee may be removed from service by the government, but only after following the procedure prescribed by law.

Doctrine of Pith and Substance

Asked 1 Time

The Doctrine of Pith and Substance is used to determine the true nature and purpose of a law when there is a dispute regarding legislative powers. Under the Constitution, legislative subjects are divided between the Union and the States. If a law appears to encroach upon another legislature's field, the courts examine its real substance and object. If the law mainly relates to a subject within the authority of the legislature that enacted it, the law remains valid even though it incidentally affects another subject. Thus, the doctrine helps maintain the balance of powers between the Union and the States.

Example: A State law relating mainly to public health may remain valid even if it indirectly affects a subject in the Union List.

Executive Powers of the Governor

Asked 1 Time

The Governor is the constitutional head of a State and exercises executive powers under the Constitution. All executive actions of the State Government are taken in the name of the Governor. He appoints the Chief Minister and other ministers, and allocates certain constitutional responsibilities. The Governor also appoints the Advocate General and State Election Commissioner and performs various administrative functions. Most of these powers are exercised on the advice of the Council of Ministers headed by the Chief Minister.

Example: After State Assembly elections, the Governor appoints the leader of the majority party as the Chief Minister.

Financial Emergency

Asked 1 Time

Financial Emergency is provided under Article 360 of the Constitution. It may be declared by the President when the financial stability or credit of India or any part of its territory is threatened. During a Financial Emergency, the Union Government gains greater control over the financial affairs of the States. The President may direct States to observe financial discipline and may also reduce the salaries of government officials, including judges. However, no Financial Emergency has been declared in India so far.

Example: If India faces a severe financial crisis affecting its economic stability, the President may proclaim a Financial Emergency.

Urban Local Bodies

Asked 1 Time

Urban Local Bodies are institutions of local self-government established for the administration of urban areas. The 74th Constitutional Amendment Act, 1992 gave constitutional status to Urban Local Bodies. They include Municipal Corporations, Municipal Councils, and Nagar Panchayats. These bodies are responsible for providing civic services such as water supply, sanitation, roads, street lighting, and public health. They help ensure democratic participation and efficient local administration.

Example: A Municipal Corporation manages services such as garbage collection, roads, and street lights in a city.

Independence of Judiciary

Asked 1 Time

Independence of Judiciary means that judges perform their duties without any pressure or interference from the Executive or Legislature. It is an essential feature of the Indian Constitution and helps ensure fair and impartial justice. The Constitution provides several safeguards such as security of tenure, fixed salaries, and a difficult procedure for removal of judges. An independent judiciary protects Fundamental Rights and upholds the rule of law.

Example: A judge can decide a case against the government solely on the basis of law, without fear of political influence.

Union Public Service Commission (UPSC)

Asked 1 Time

The Union Public Service Commission (UPSC) is a constitutional body established under Article 315 of the Constitution. Its main function is to conduct examinations for recruitment to various civil services and posts under the Central Government. The UPSC advises the government on matters relating to appointments, promotions, transfers, and disciplinary actions of civil servants. It plays an important role in ensuring a fair and merit-based recruitment system.

Example: The Civil Services Examination conducted by UPSC is used to recruit IAS, IPS, and IFS officers.

Pardoning Power of President

Asked 1 Time

The President of India has the power to grant pardon under Article 72 of the Constitution. The President may pardon, reprieve, respite, remit, suspend, or commute the sentence of a convicted person. This power is generally exercised in cases involving court-martial, offences against Union laws, and death sentences. The pardoning power helps correct judicial errors and provides relief in deserving cases.

Example: The President may commute a death sentence into life imprisonment after considering a mercy petition.

Financial Bills

Asked 1 Time

Financial Bills are bills that deal with matters relating to government finances such as taxation, expenditure, borrowing, or revenue. A Financial Bill can be introduced only in the Lok Sabha with the recommendation of the President. The Rajya Sabha may discuss and suggest amendments, but its powers are limited in certain financial matters. Financial Bills ensure proper control and management of public funds.

Example: A bill proposing a new tax or changes in government expenditure is a Financial Bill.

Impeachment of Supreme Court Judges

Asked 1 Time

A Judge of the Supreme Court can be removed from office through impeachment for proved misbehaviour or incapacity. The procedure is provided under Article 124 of the Constitution. A motion for removal must be passed by both Houses of Parliament with a special majority. The process is deliberately difficult to protect judicial independence and prevent arbitrary removal.

Example: If a Supreme Court Judge is found guilty of serious misconduct, Parliament may initiate impeachment proceedings.

Judicial Accountability

Asked 1 Time

Judicial Accountability refers to the responsibility of judges to perform their duties honestly, fairly, and in accordance with the law. While the judiciary is independent, judges are expected to maintain high standards of integrity and ethics. Mechanisms such as judicial review, impeachment, and ethical guidelines help ensure accountability. Judicial accountability promotes public confidence in the justice system.

Example: A judge must give decisions based on law and facts and can be questioned through legal procedures if misconduct is proved.

Doctrine of Colourable Legislation

Asked 1 Time

The Doctrine of Colourable Legislation means that what cannot be done directly cannot be done indirectly. A legislature cannot exceed its constitutional powers by disguising its actions under a different form. The courts examine the true nature and purpose of the legislation to determine whether the legislature has acted within its authority. This doctrine prevents misuse of legislative power and protects constitutional limits.

Example: A State Legislature cannot make a law on a Union List subject by merely changing its title or form.

Public Service Commissions

Asked 1 Time

Public Service Commissions are constitutional bodies established under Article 315 of the Constitution to assist in the recruitment of public servants. They include the Union Public Service Commission and State Public Service Commissions. Their functions include conducting examinations, advising on appointments, promotions, transfers, and disciplinary matters. These commissions help maintain fairness, efficiency, and merit in public services.

Example: State Public Service Commissions conduct recruitment examinations for various posts under State Governments.

Features of Federal Constitution

Asked 1 Time

A Federal Constitution is a system in which powers are divided between the Central Government and State Governments. The Indian Constitution contains federal features such as a written Constitution, division of powers, supremacy of the Constitution, independent judiciary, and bicameral legislature. Each level of government exercises authority within its own sphere as defined by the Constitution. These features help maintain a balance between national unity and regional autonomy.

Example: Subjects like defence and foreign affairs belong to the Union, while subjects like police and public health mainly belong to the States.

State Emergency

Asked 1 Time

State Emergency, also known as President's Rule, is provided under Article 356 of the Constitution. It may be proclaimed by the President when the constitutional machinery in a State fails and the State Government cannot function according to the Constitution. During President's Rule, the President assumes the functions of the State Government and Parliament may exercise the powers of the State Legislature. The purpose of this provision is to restore constitutional governance in the State.

Example: If no political party is able to form a stable government in a State, President's Rule may be imposed.

Writ of Habeas Corpus

Asked 1 Time

Habeas Corpus is one of the most important constitutional writs issued by the Supreme Court or High Courts. The term means "to produce the body." It is issued when a person is unlawfully detained or imprisoned. The court directs the authority concerned to produce the detained person and justify the detention. This writ protects the fundamental right to personal liberty.

Example: If a person is illegally detained without legal authority, the court may issue a writ of Habeas Corpus and order his release.

Federal State

Asked 1 Time

A Federal State is a political system in which powers are constitutionally divided between a Central Government and regional governments. Both levels of government derive their authority from the Constitution and function independently within their respective spheres. A federal system promotes unity while allowing regional autonomy and self-government. India is often described as a federal state with certain unitary features.

Example: In India, both the Union Government and State Governments have powers to make laws on subjects assigned to them by the Constitution.

All India Services

Asked 1 Time

All India Services are services common to both the Union and the States. They are created under Article 312 of the Constitution. The major All India Services are the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS). Officers of these services are recruited by the Union Government but serve both the Centre and the States. These services help maintain administrative uniformity and efficiency throughout the country.

Example: An IAS officer may work in a State Government and later be appointed to a position in the Central Government.

Right to Property (Article 300-A)

Asked 1 Time

Article 300-A of the Constitution provides that no person shall be deprived of his property except by authority of law. Originally, the Right to Property was a Fundamental Right, but it was removed from Part III by the 44th Constitutional Amendment Act, 1978. Today, it is a constitutional legal right and not a Fundamental Right. The government can acquire private property only through a valid law and by following the prescribed legal procedure.

Example: The government may acquire land for a public project, but it must do so according to law and prescribed procedures.

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