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PDF Editor FAQ
What is the power of an attorney general in India?
AGI is a constitutional post (A. 76(1)) in India. He is appointed by the President recommended by the Union government.Attorney General in simple term is a lawyer to Indian Government. His job is to defend the Govt of India in Indian court rooms. There are hundreds of cases, PILs and class action suits filed against the government every month in several courts of India, the most important cases being filed in the Supreme court.For example, Recently a case was filed in SC regarding ‘breach of privacy’ by UIDAI through Aadhaar enrollment. In such situation the AGI appears in the SC to defend the Govt of India. In the court room he explains the SC judges about how necessary Aadhaar is and how the govt is making sure that the sensitive data will be protected in today’s uncertain digital world. In this way, He, in his maximum capacity tries to bring the outcome of the judgement in governments favour which resonates with its policies.We must note that, anything AGI says in a court room is equivalent to the Govt of India speaking to the Supreme court. So every word he says must reflect the ideology and thoughts of the Govt and the SC will make note of all those arguments to finalize the judgement which will have far reaching impact on Indian citizens. He also has a privilege to participate in the parliamentary session and speak (without a right to vote). So he plays quite an important role in running the countryThe AGI also advises govt on legalities of policies and its implications. AGI is assisted by Solicitor General of India (SGI) and Additional SGIs.The current AGI is K K Venugopal.Image src:KK Venugopal likely to be the next Attorney General of India
Should we mug up all the Articles of Indian Constitution for the UPSC Prelims? If yes, how? If no, how should we deal with it?
For UPSC CSE Prelims, there is no need to mug all the Articles of the Constitution. However, there are few articles which are important for UPSC Prelims which every aspirant must know.If you go through CSE Prelims questions you will find that at least in past 10 years very questions have come on articles of the constitution. Prelims test your conceptual understanding of Indian Polity and Constitution.List of important articles which can be useful in mains answer writing in Polity section of GS 2 arePART 1 – ART. 1 TO ART. 4Article 1- Name and territory of the union.Article 2 – Admission and Establishment of the new state.Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.PART 2 – ART. 5 TO ART. 11Article 5 – Citizenship at the commencement of the constitution.Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.Article 10- continuance of rights of citizenship.Article 11- Parliament to regulate the right of citizenship by law.PART 3 – ART.12 TO ART.35Article 12- Definition of the stateArticle 13 Laws inconsistent with or in derogation of the fundamental rights.Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitutionRight to Equality: Art. 14 to Art. 18Article 14- Equality before the law.Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.Article 16- Equality of opportunity in matters of public employment.Article 17- Abolition of the untouchability.Article 18- Abolition of titlesRight to Freedom: Art. 19 to art. 22Art.19 guarantees to all the citizens the six rights· (a) Right to freedom of speech and expression.· (b) Right to assemble peacefully and without arms.· (c) Right to form associations or unions.· (d) Right to move freely throughout the territory of India.· (e) Right to reside and settle in any part of the territory of India.· (f) Right to practice any profession or to carry on any occupation, trade, and business.Article 20- Protection in respect of conviction for offences.Article 21-Protection of life and personal liberty.Article 22- Protection against arrest and detention in certain cases.Right against Exploitation: Art.23 & art. 24Article 23- Prohibition of traffic in human beings and forced labour.Article 24- Prohibition of employment of children in factories and mines. Under age of 14.Right to Freedom of Religion: Art.25 to art. 28Article 25- Freedom of conscience and free profession, practice and propagation of religion.Article 26- Freedom to manage religious affairs.Article 27- Freedom as to pay taxes for promotion of any particular religion.Article 28- Freedom from attending religious instruction.Cultural and Educational Rights: Art.29 & art. 30Article 29- Protection of interest of minorities.Article 30- Right of minorities to establish and administer educational institutions.Article 32- Remedies for enforcement of Fundamental Rights.PART.4 DIRECTIVE PRINCIPAL OF STATES POLICY: ART 36 TO ART. 51Article 36- DefinitionArticle 37- Application of DPSPArticle 39A- Equal justice and free legal aidArticle 40- Organisation of village panchayatArticle 41- Right to work, to education, and to public assistance in certain casesArticle 43- Living Wages, etc. for Workers.Article 43A- Participation of workers in management of industries.Article 44- Uniform civil code.( applicable in Goa only)Article 45- Provision for free and compulsory education for children.Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.Article 48-Organisation of agriculture and animal husbandry.Article 49- Protection of monuments and places and objects of natural importance.Article 50- Separation of judiciary from the executive.Article 51- Promotion of international peace and security.FUNDAMENTAL DUTIES: PART IV-A- ART 51A· It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.PART 5 – UNION ( 52-151)Article 52- The President of IndiaArticle 53- Executive Power of the union.Article 54- Election of PresidentArticle 61- Procedure for Impeachment of the President.Article 63- The Vice-president of India.Article 64- The Vice-President to be ex-officio chairman the Council of States.Article 66-Election of Vice-president.Article 72-Pardoning powers of President.Article 74- Council of Ministers to aid and advise the President.Article 76- Attorney-General for India.Article 79- Constitution of ParliamentArticle 80- Composition of Rajya Sabha.Article 81- Composition of Lok Sabha.Article 83- Duration of Houses of Parliament.Article 93- The speakers and Deputy speakers of the house of the people.Article 105- Powers, Privileges, etc of the House of Parliament.Article 109- Special procedure in respect of money billsArticle 110- Definition of “Money Bills”.Article 112- Annual Financial Budget.Article 114-Appropriation Bills.Article 123- Powers of the President to promulgate Ordinances during recess of parliament.Article 124- Establishment of Supreme Court.Article 125- Salaries of Judges.Article 126- Appointment of acting Chief justice.Article 127- Appointment of ad-hoc judges.Article 128-Attendance of a retired judge at sitting of the Supreme Court.Article 129- Supreme court to be a court of Record.Article 130- Seat of the Supreme court.Article 136- Special leaves for appeal to the Supreme Court.Article 137- Review of judgement or orders by the Supreme court.Article 141-Decision of the Supreme Court binding on all the courts.Article 148- Comptroller and Auditor- General of IndiaArticle 149- Duties and Powers of CAG.PART 6 – STATES ( 152-237)Article 153- Governors of StateArticle 154- Executive Powers of Governor.Article 161- Pardoning powers of the Governor.Article 165- Advocate-General of the State.Article 213- Power of Governor to promulgate ordinances.Article 214- High Courts for states.Article 215- High Courts to be a court of record.Article 226- Power of High Courts to issue certain writs.Article 233- Appointment of District judges.Article 235- Control over Sub-ordinate Courts.PART 7 – 238 – REPEALEDPART 8 – 239-242 – UNION TERRITORIESPART 9 – 243-243 O – PANCHAYATSArticle 243A- Gram SabhaArticle 243B- Constitution of PanchayatsPART 9A – 243 P-243 ZG – MUNICIPALITIESPART 10: SCHEDULED AND TRIBAL AREAS -244PART 11: CENTER- STATE RELATIONS 245 – 263PART 12: FINANCE, PROPERTY, CONTRACTS AND SUITS (264 – 300A)Article 266- Consolidated Fund and Public Accounts FundArticle 267- Contingency Fund of IndiaArticle 280- Finance CommissionArticle 300-A- Right to property.PART 13: TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORIES OF INDIA (301-307)Article 301-Freedom to trade, commerce, and intercourse.Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.PART 14 : SERVICES UNDER CENTER AND STATE (308-323)Article 312- All- India-Service.Article 315- Public service commissions for the union and for the statesArticle 320- Functions of Public Service Commission.PART 14A: TRIBUNALS (323 A – 323 B)Article 323A- Administrative TribunalsPART 15 : ELECTIONS (324 – 329)Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.PART 16: SPECIAL PROVISIONS TO SC, ST, OBC, MINORITIES ETC (330 -342)Article 338- National Commission for the SC, & ST.Article 340- Appointment of a commission to investigate the conditions of backward classes.PART 17: OFFICIAL LANGUAGE (343- 351)Article 343- Official languages of the Union.Article 345- Official languages or languages of states.Article 348- Languages to be used in the Supreme Court and in the High Courts.Article 351-Directive for development of the Hindi languages.PART 18: EMERGENCY (352-360)Article 352- Proclamation of emergency ( National Emergency).Article 356- State Emergency (President’s Rule)Article 360- Financial EmergencyPART 19: MISCELLANEOUS (361-367)Article 361- Protection of President and GovernorsPART 20: AMENDMENT OF CONSTITUTION (368)Article 368- Powers of Parliaments to amend the constitution.PART 21 : SPECIAL, TRANSITIONAL AND TEMPORARY PROVISIONS (369 – 392)Article 370 – Special provision of J&K.Article 371A – Special provision with respect to the State of NagalandArticle 371-J: Special Status for Hyderabad-Karnataka region
What is the difference between constitutional and statutory bodies or powers in India?
Backgrounder :- The answer is in respect to Indian governance system, where the aforementioned bodies find special mention.----Point to note - their are only two broad categories of bodies - Constitutional and extra constitutional (non constitutional used interchangeably). a body will be classified as constitutional or extra constitutional from the source by which it derives its AUTHORITY/POWERS.Constitutional bodies derive their authority from the constitution, other extra constitutional bodies derive their authority by a law created by the parliament, an ordinance promulgated by the president or an executive order.The extra constitutional bodies can be seen as a super set which houses statutory bodies, executive bodies etc. When any reference is made to non constitutional body it should be seen in regard to extra constitutional body.1. Constitutional body :- They are those bodies which find considerable mention in the constitution, in ways like having a part of the constitution or an article explaining their position.example - Part XV of Indian constitution houses Elections, under which Article 324 has Election Commission - where its composition, Powers, independence is talked about.In the same way other constitutional bodies and their respective articles are - Finance Commission - Art 280- Public service commission - Part XIV chapter 2 Art 315 - 323- National commission for SC/ST - Art 338/Art 338-A- C&AG - Art 148- Attorney General of India - Art 76- Advocate general of State - Art 1652. Extra Constitutional Body :- they are those bodies which do not find mention in the constitution. They are created by various methods which further explain their nomenclature.2.A. Statutory Body:- they are those bodies which are created by a law passed by the parliament which explicitly mentions the objectives for creation, their composition, Powers. Such bodies are subject to change by a respective change in the law governing themexample - the information commission derives its power from the right to information act - which provides for a body having power of civil court to redress issues relating to RTI.other examples are - National Human Rights Commission(formed to conform to United nations charter on Human rights), Central vigilance commission2.B. Executive bodies :- they are those bodies which are created by an executive order - i.e. order of a ministry of union or state. Such bodies have no constitutional or law backing them. One very infamous body was Planning commission (now replaced by NITI aayog).Other such bodies are UIDAI (Aadhar card), which when faced controversy is undergoing shift to statutory body.- This is a very simple classification, understandable for the commons, including ME ...comments are welcome.Thanks for the A2A-- thanks to deepanshu Kataria for helping with the error. CBI is not a statutory body.
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