YT YouTube2Text

YouTube2Text → Transcripts → RRB NTPC GRAD & UG | PYQ SERIES | POLITY | LEC : 5 | PARMAR SIR

RRB NTPC GRAD & UG | PYQ SERIES | POLITY | LEC : 5 | PARMAR SIR — Transcript

by PARMAR RAILWAY · 13,953 words · 2,156 segments · language en · Watch on YouTube

Open in transcriber Summarize with AI Download SRT/VTT

Full transcript

0:50So hello everyone and good evening to
0:52all. I hope my voice is reaching
0:53everyone properly. Please confirm once.
1:18Alright, everything is working properly
1:20. "My regards to Guruji in the air." Oh
1:23, Gurmeet is in the air. Let's begin.
1:28Today will be our fifth lecture. Which
1:30topics are we going to cover today? So
1:32today we will look at the PM and
1:34Council of Ministers from Part Five.
1:37Why isn't this pen working? So the PM,
1:45and the Council of Ministers, Emergency
1:51, Amendments, and Center-State
1:55relations are the topics we will cover.
1:59Okay? So let's start. Before starting,
2:03this RRB NTPC course we are running,
2:06the revision course of GK, meaning the
2:09PYQ series of GK, you will find
2:11bilingual digital notes for this on the
2:14Academy app. These will be non-AI
2:17digital notes. Meaning it’s not like
2:19we put the lecture into AI and
2:20generated notes from it. No, these are
2:22fully proofread notes and non-AI notes,
2:26meaning handwritten digital notes. Not
2:29only do you get digital notes in
2:31bilingual English and Hindi, but you
2:33also get lecture-based quizzes. Meaning
2:35, the questions we do, plus besides
2:37that, you get extra questions for
2:38practice. Plus you also get access to a
2:41private Telegram group. Alright. So let
2:43us start. Alright. Okay? So let us
2:47start with the very first question. Our
2:49very first topic is the President. Okay
2:52? Alright. So, which article
2:54establishes the office of the President
2:55? Which article is it? That establishes
2:57the office of the President. So,
2:58information about the President is
3:00given between Articles 52 to 62. In
3:03Part Five of the Constitution. What
3:06starts from Article 63? Things
3:09regarding the Vice President begin.
3:10There shall be a President of India. It
3:14is written in Article 52. It is written
3:17in 53 that the executive power of the
3:20Union. Executive power of the Union
3:29shall vest in the President. Shall be
3:33vested in the President. The executive
3:36powers of the center, or the union,
3:38that is. If we talk about Article 74,
3:40it is written in it—let's discuss
3:42this later. We don't have to discuss
3:44everything right here. What specific
3:46provision concerning the President of
3:48India is outlined in Article 59 clause
3:50three of the Constitution of India?
3:52What specific provision related to the
3:54President of India is mentioned in
3:57Article 59 clause three of the
3:59Constitution of India? Salary and
4:02privileges, powers of the President,
4:04election of the President, and
4:06impeachment of the President. If we
4:08talk about the election, in Article
4:10number 15—sorry, I meant 15. Article
4:12number 54 contains the electoral
4:15college. And Article number 55 mentions
4:21the manner of election. Alright? Done.
4:28Okay. If we talk about the impeachment
4:31of the President, it is mentioned in
4:32Article number 61. The first question
4:34is, on what grounds can impeachment
4:36happen? So, the ground for impeachment
4:39is the violation of the Constitution.
4:42The violation of the Constitution is
4:44not defined. Nowhere in the
4:45Constitution. Where was the process
4:47borrowed from? It was borrowed from the
4:49US. No one has been impeached to date.
4:52What type of special majority is
4:54required? A special majority of 2/3 of
4:57the total membership is required. To
5:01initiate it, meaning if a resolution to
5:03initiate removal is being started in
5:06any House, the proposal must be signed
5:08by at least 1/4 of the members; only
5:10then will the presiding officer accept
5:12it. After that, you need a 2/3
5:14membership in both Houses. A special
5:17majority of the total membership is
5:18required. Who all come under the
5:20electoral college? Meaning, who all
5:21come to elect him? So, elected MPs plus
5:24MLAs, meaning elected Members of
5:26Parliament and legislative assemblies,
5:29do what? They elect him. They come into
5:31his electoral college and participate
5:33in his election. If we talk about the
5:36manner of election, it is proportional
5:39representation plus single transferable
5:42vote. This manner of election, or the
5:45election procedure of the President, is
5:47something we borrowed from the
5:49Constitution of Ireland. The office of
5:52the President was borrowed from the US.
5:53The office of the President and Vice
5:55President and their removal were also
5:56taken from there. But if we talk about
5:58the election, it was borrowed from
5:59Ireland. Alright? If we talk about it,
6:02what will be the correct answer here?
6:04Salary and privileges of the President.
6:06Article 59 talks about what? Conditions
6:10of the President's office. The first
6:14clause of the President's office
6:16conditions says that he should not be a
6:19member of Parliament or State
6:21Legislature. The second clause talks
6:24about the office of profit. Alright? He
6:27should not hold an office of profit.
6:31Where is the office of profit defined?
6:32It is not defined anywhere in the
6:34Constitution. Alright? Clause three
6:36talks about the salary and privileges
6:37of the President. Meaning, the salary
6:40and privileges of the President cannot
6:42be diminished. They cannot be reduced
6:44during his tenure. Why? Because the
6:47salary and such, okay? Where do the
6:49salaries of the President or other
6:51constitutional posts come from? They
6:53are drawn from the Charged Expenditure
6:55of the Consolidated Fund of India. The
6:58Consolidated Fund of India is mentioned
7:01in Article 266, Clause 1, regarding the
7:03CFI. There are two types of
7:05expenditures in it. Charged expenditure
7:07and expenditure made from it. The
7:09charged expenditure is the non-votable
7:11part of the budget. Voting is not
7:12allowed on this because salaries and
7:15such are drawn from it. Okay? This is
7:18Clause 3 of Article 59. Article 59 also
7:20has another clause, which is four. That
7:22is, who decides their salary? So, the
7:25salary is decided by the Parliament. It
7:27is written in Clause 4. Okay? Done.
7:30Let's move forward now. What is the
7:32President's primary constitutional duty
7:34as per the oath under Article 60? What
7:37is the primary constitutional duty of
7:39the President as per the oath under
7:41Article 60? So, what oath does he take?
7:44He takes the oath to preserve, protect,
7:46and defend the Constitution. And that
7:48is why he is removed on the grounds of
7:50violation of the Constitution. His oath
7:52is written in Article 60. What is the
7:56term of office of the President of
7:57India? But before that, the Council of
7:59Ministers headed by the Prime Minister
8:01—we can't call it control, but yes,
8:03the Prime Minister has a duty. Okay? Or
8:06what are the Prime Minister's duties
8:07under which Article? Under Article 78
8:10of the Constitution, the Prime Minister
8:13acts as a link between the Council of
8:17Ministers and the President. That is
8:20why he is called the linchpin of the
8:21government. He furnishes any
8:23information regarding the Council of
8:25Ministers to the President. If any
8:27single Minister takes a decision and
8:30the others are not aware of it, the
8:32President will ask the PM about it.
8:35Question number four: What is the term
8:38of office for the President of India?
8:40What is the tenure of the President of
8:42India? So, if we talk about the tenure
8:44of the President, Vice President, or
8:46Governor, how much is it for everyone?
8:495 years. They have a tenure of 5 years.
8:51It is the term. In which Article is it
8:53written? Look, we memorize the articles
8:56of the President like this: "Prem"
8:58wants to go trekking. Okay? We have to
9:01go trekking. So, come in time. Okay?
9:05This is how we remember it. This is
9:07Article 52. There shall be a President
9:09of India. There should be a President
9:10of India. This is 53. Executive power
9:13of the Union shall be vested in the
9:14President. This is 54. Electoral
9:17college of the President. Meaning, who
9:18all will participate in his election?
9:2055, manner of election of the President
9:22, proportional representation plus
9:24single transferable vote. 56, term of
9:26office, 5 years. 57, eligibility for
9:30reelection. Any number of times. Anyone
9:32can become the President in India any
9:33number of times. Unlike in the USA
9:35where you can become President only a
9:37maximum of two times. 58,
9:39qualifications are written. What are
9:41the qualifications? First, he must be a
9:44citizen of India. He must be at least
9:4635 years of age. And he should be
9:47qualified to be appointed as a member
9:49of the Lok Sabha. Meaning, he must have
9:50the qualifications to be elected as a
9:51member of the Lok Sabha. 59, conditions
9:53of office which we just discussed. 60,
9:55oath. Who administers the oath to him?
9:57Who administers the oath? So remember,
9:59the oath is administered by the CJI.
10:01The Chief Justice of India administers
10:02it. If he is not there, then the
10:03senior-most judge will administer it.
10:0561, impeachment, which we call '
10:06Mahabhiyog'. And in 62, time of holding
10:09election to fill the vacancy of the
10:11President. If the normal 5-year term is
10:14ending, then you must elect a new
10:15President before the term ends. For
10:18example, Droupadi Murmu ji's term is
10:20ending in 2027. She was elected in 2022
10:23, so we must elect a new President
10:25before that. But if it happens that
10:27there is a death, or removal. Or
10:29resignation. Then in that case, within
10:32six months, what is it? We must elect a
10:35new President. You have to tell in the
10:37comments, if the President wants to
10:38resign, to whom will he submit it? Tell
10:40me. So if the President has to resign,
10:41to whom will he give it? To the Vice
10:43President. And if the Vice President
10:45has to give it, he will give it to the
10:46President. As simple as that. Okay?
10:51Which article of the Constitution deals
10:52with the impeachment procedure of the
10:54President? Who deals with the
10:56impeachment procedure? 54 tells about
10:58the electoral college. 52, there shall
11:00be a President of India. What does 66
11:03state? It states the election of the
11:08Vice President. Okay? So if I talk
11:12about, well, 66 is not just about the
11:15election. But majorly, it talks about
11:18the election. Like in others, if we
11:20talk, then his disqualifications etc.,
11:22are mentioned. Then in that, it is
11:24mentioned what eligibility criteria are
11:26required for that. So, if we talk about
11:28the election, who all participate in it
11:29? All members of Parliament, all MPs,
11:32meaning both elected and nominated
11:34members. In a way, these are the same
11:38people who participate in the
11:40President's impeachment under Article
11:4361. So, we just need to remember that
11:46those who impeach the President also
11:48elect the Vice President. Keep this in
11:50mind. Meaning both elected and
11:52nominated members are present. In the
11:53President's election, only elected
11:54members participate, and MLAs are also
11:56included. But here, there are no MLAs.
11:59Alright? You need to keep this in mind.
12:01Let's move on. Next is, if we talk
12:03about the impeachment procedure, as I
12:06just told you, the resolution can be
12:08introduced in either the Lok Sabha or
12:11the Rajya Sabha. But whenever any
12:13proposal comes, it must be signed by at
12:15least 1/4th of the members. Only when
12:17at least 1/4th of the members sign it
12:19will it reach the stage for the
12:21presiding officer to accept it. If they
12:23accept it, then the resolution will be
12:25passed by a special majority in both
12:26houses. This is a kind of
12:28quasi-judicial process. Keep in mind,
12:30since someone is being removed from
12:32their office here, it will be a
12:33quasi-judicial process. Alright? You
12:35need to keep this in mind. And what
12:37else should you remember? I have
12:38already told you the grounds. The Lok
12:40Sabha and Rajya Sabha have equal powers
12:41here. The President gets 14 days, you
12:44could say, to represent themselves
12:46during this time. Which of the
12:49following executive powers is exercised
12:51by the President of India? Which of the
12:53following executive powers is exercised
12:56by the President of India? Tell me,
12:58which powers are they? Executive power.
13:09So, the President of India has various
13:11types of powers. Executive powers,
13:13legislative powers. Alright? And
13:15judicial powers as well. If we look at
13:17it, what is the executive power?
13:20Appointment, appointing the Prime
13:21Minister and other ministers on his
13:23advice is an executive power.
13:26Appointing High Court judges and
13:27framing Supreme Court rules, exactly.
13:29If we talk about High Court judges, the
13:30President does appoint Supreme Court
13:32and High Court judges, but Supreme
13:34Court rules are made by the Supreme
13:35Court, not the President. Conducting
13:37elections to Parliament, that is done
13:39by the Election Commission of India.
13:40Deciding the tenure of the Governor,
13:42that is not the case. So, the
13:43appointment of the Prime Minister and
13:45the Union Ministers on the advice of
13:46the Prime Minister is an executive
13:48power; under which article is it done?
13:5075 These appointments are made under
13:53clause one. All right? You have to keep
13:55this in mind, where the Prime Minister
13:57is appointed and other ministers are
13:59appointed on the advice of the Prime
14:00Minister. If a new Union Territory is
14:02created who will appoint its
14:04administrator. If a new union territory
14:06is created, who will appoint its
14:07administrator? So, this will be
14:10appointed by the President of India.
14:13The President of India possesses the
14:15power to remove or recall officials
14:17such as governors and ambassadors. This
14:19power is exercised based on the advice
14:22of, okay? So, the President of India
14:24has the power to remove or recall
14:26officials like governors and
14:27ambassadors. On whose advice is this
14:30power exercised? So, whatever power the
14:33President has, they will always act on
14:35the advice of the Council of Ministers.
14:38They will act on the advice of the
14:39Union Council of Ministers. Regardless
14:41of whichever power they might be
14:43exercising. All right? Exercising it.
14:46Who has the power to give directions to
14:48the state governments to ensure
14:49compliance with Union laws. Who has the
14:52power to give directions to the state
14:54governments to ensure compliance with
14:56Union laws? Your options are the Prime
14:58Minister, the Parliament, the Supreme
15:00Court, or the President of India. So,
15:02keep in mind, who has this power? The
15:04President of India. Option number D
15:06will be the correct answer here. All
15:07right? Article number 256, Article
15:10number 256. It gives this power that
15:14the Union, that the Union will do what?
15:17It will give directions to the state
15:19and the states will have to work
15:21accordingly in a way. All right? That
15:23is, executive, and if we talk about who
15:25has the power to give such directions?
15:28On behalf of the Union, the President
15:30gives this under Article 256. All right
15:32? Whatever executive power the state
15:34has, it should be exercised in
15:36compliance with the laws made by the
15:38Parliament. It should not happen that
15:40Parliament is making some laws and you
15:42are executing your executive power
15:43against them. So, this is what Article
15:46256 says, 256. Well, you have to tell
15:48me, if we talk about the President,
15:50then under which article is the
15:52President's legislative power given?
15:55Just like we studied about the
15:56executive power. Similarly, tell me
15:58about their legislative power. In which
15:59article is it mentioned? And also tell
16:01me, under which article is its judicial
16:03power mentioned? Judicial power and
16:05legislative power. The president may
16:08return a non-money bill to the
16:09parliament for reconsideration for how
16:11many number of times? So what is
16:13written here? A non-money bill.
16:14Non-money bill means an ordinary bill.
16:17Sir, it could also be a Constitutional
16:18Amendment Bill, right? It absolutely
16:19can be. But we should know that in the
16:22case of a Constitutional Amendment Bill
16:25, the president has no veto. No veto.
16:28Which amendment stated that the
16:30president would have no veto power in
16:32the case of an amendment bill? It was
16:34your 24th Constitutional Amendment Act
16:37of 1971 that said this. Okay? Why?
16:41Because Article 107 talks about an
16:43ordinary bill, how an ordinary bill
16:46will be passed. If a deadlock is
16:48created in it, then there is a
16:49provision in Article 108 that a joint
16:51sitting will be called under it. If a
16:53deadlock is created. When is a deadlock
16:55created? When the bill passed by the
16:58first house is rejected by the second
17:00house, or the recommendations suggested
17:01by the second house to the first house
17:03are rejected by the first house, or the
17:05second house has not responded for 6
17:07months, then in such a case, the
17:08president calls a joint sitting. The
17:11president calls a joint sitting of both
17:13houses under Article 108, which is
17:15presided over by whom? The Speaker of
17:17the Lok Sabha presides, that is, the
17:18Chairman of the Lok Sabha. If they are
17:20not there, then the Deputy Speaker of
17:21the Lok Sabha, and if they are also not
17:22there, then the Deputy Chairman of the
17:23Rajya Sabha. Why can't the Chairman of
17:25the Rajya Sabha preside? Because he is
17:27not a member of either house. Where
17:28have we taken the joint sitting from?
17:30So we borrowed this from the
17:31Constitution of Australia. To date, a
17:33joint sitting has been held three times
17:34. A joint sitting runs according to the
17:36rules of the Lok Sabha. And any bill
17:38has to be passed here by a simple
17:40majority. When did it happen three
17:41times? Dowry Prohibition Bill,
17:43Prevention of Terrorism Bill, and your
17:45Banking Service Commission Bill. I
17:48think I told you this yesterday too.
17:50Okay? So this was the ordinary bill.
17:52Then after that comes the procedure for
17:54a money bill in 109. Then 110 comes the
17:56definition of a money bill. Then 111
17:59comes the President's assent power and
18:02veto power. Meaning, without the
18:04President's consent, no bill can become
18:06an act. Whether it is an ordinary bill,
18:08a money bill, or a Constitutional
18:10Amendment Bill. So, the President's
18:11assent, meaning their agreement, is
18:13necessary. So, either the President
18:14gives their assent, or what else can
18:16the President do? They can use their
18:18veto power. There are three types of
18:21vetoes. Absolute veto, suspensive veto
18:25—which is called 'nilambit veto' in
18:28Hindi—and then there is your pocket
18:31veto. What happens in this? In the
18:34first, the President refuses to give
18:36assent to the bill, stating they will
18:38not provide it. In the second, the bill
18:40is returned, and in a pocket veto, the
18:42President provides no response at all.
18:44For instance, it happened once in 1987
18:46when Giani Zail Singh used it. Giani
18:48Zail Singh pocketed the Postal
18:50Amendment Bill, which was introduced
18:52during the Rajiv Gandhi government in
18:531987. The suspensive veto is not
18:55available in the case of a Money Bill.
18:57Meaning, you cannot return the bill.
19:00None of these vetoes are applicable in
19:03the case of an Amendment Bill. The
19:05suspensive one is not applicable in the
19:07case of a Money Bill. That is to say,
19:09all three of them only apply in the
19:11case of an ordinary bill. For a Money
19:14Bill, absolute and pocket vetoes are
19:15applicable. So, under the suspensive
19:19veto, the President can return the bill
19:22only once. And when it comes back again
19:25, they must give their assent; it is
19:28mandatory. Okay, this is something you
19:30need to keep in mind. What is the
19:31procedure for a Money Bill? I think I
19:33discussed the procedure for a Money
19:34Bill with you yesterday, that a Money
19:36Bill can only be introduced in the Lok
19:37Sabha. Firstly, who certifies a bill as
19:40a Money Bill? It is done by the Speaker
19:42of the Lok Sabha. Such bills, Money
19:44Bills, are introduced only with the
19:45President's prior recommendation. Right
19:47? I must have told you all these things
19:48, and a suspensive veto does not apply
19:49to it. And the Rajya Sabha does not
19:51have amending power in this. It only
19:53has recommending power. Meaning, it can
19:54only offer suggestions. Whether to
19:56accept them or not is in the hands of
19:58the Lok Sabha. Okay? Meaning, they are
20:00not binding. Any recommendations made
20:01by the Rajya Sabha in this case are not
20:03binding, and the Rajya Sabha only has a
20:0514-day window. It has 14 days to react
20:07to that bill. Otherwise, it will be
20:10assumed that the Rajya Sabha has passed
20:12it in the same form as it was sent by
20:13the Lok Sabha. The President of India's
20:17pocket veto refers to what exactly? So,
20:21pocket veto means keeping a bill
20:23pending indefinitely, that is, not
20:25acting on it at all. The US President
20:27is given a grace period of 10 days,
20:29stating that they must provide a
20:30response within that time. There is no
20:32such time limit for the Indian
20:33President. That is why it is said that
20:35the Indian President has very deep
20:36pockets. Under which article of the
20:38Constitution may the President of India
20:40proclaim President's rule when
20:41constitutional machinery fails in a
20:43state? Tell me. So, under which article
20:47of the Indian Constitution can the
20:49President of India declare President's
20:51rule in the event of the failure of
20:53constitutional machinery in a state?
20:56Article 356. Okay? 356 gives the power
20:59to proclaim President's rule. Speaking
21:03of President's rule, any proclamation
21:05must be approved by Parliament within 2
21:07months with a simple majority. It must
21:10be approved by Parliament within 2
21:11months with a simple majority. For the
21:13President's rule that has been imposed
21:15in that state. Where has President's
21:17rule been imposed the most number of
21:19times? Maximum number of times. So, you
21:23have to keep the maximum number of
21:24times in mind. It has been imposed in
21:26Manipur. Okay? It has been imposed in
21:28Manipur. Okay? It has been imposed 11
21:30times in Manipur. You have to keep this
21:31in mind. Okay? Which article gives the
21:34President of India the power to grant
21:36pardon and reprieve? Which article
21:38gives the President of India the power
21:39to grant pardons and reprieves? I just
21:41asked you about the President's
21:43legislative power and judicial power.
21:45So, Article 72 talks about the judicial
21:48power of the President. Okay? What does
21:50this talk about? This talks about the
21:53Attorney General. Who is a part of the
21:57Union Executive. Meaning, sir, Articles
22:0052 to 151 discuss the Union. In which
22:04Chapter One deals with the Union
22:06Executive. Articles 52 to 78 cover the
22:10Union Executive. Okay? Now, if we talk
22:14about the Union Executive, it includes
22:16the President, Vice President, PM,
22:18Council of Ministers, and who else? The
22:21Attorney General. So, these are
22:23included in the Union Executive. These
22:24are the components of the Union
22:27Executive. Okay? Now, the Attorney
22:29General is mentioned in Article 76, and
22:31who is he? He is the highest law
22:33officer of the country. The highest law
22:35officer means he is the supreme legal
22:38officer of India. Alright? He advises
22:40the government on legal matters. Who
22:42was our first one? It was M.C. Setalvad
22:44. Our country's first Attorney General
22:46was M.C. Setalvad. He was also the
22:48longest-serving one. Who is it
22:49currently? It is R. Venkataramani.
22:51Alright? You need to keep this in mind.
22:53They are allowed to conduct private
22:56legal practice. And they are not the
22:59full-time counsel of the Indian
23:02government. Meaning, they are not
23:04full-time employees of the government.
23:05The government can remove them whenever
23:07it wants, or they can step down from
23:09the government whenever they wish.
23:10Alright? He is the highest law officer.
23:12He advises the government on legal
23:13matters. It has four clauses. The first
23:15one talks about their appointment.
23:18Which is done by whom? It is done by
23:20the President of India. Alright? And
23:22they should be qualified to be—they
23:24should have the qualifications of a
23:25Supreme Court judge. They must have the
23:27qualifications of a Supreme Court judge
23:28, which are what? 5 years as a High
23:30Court judge, or 10 years as a High
23:32Court advocate, or a distinguished
23:33jurist in the eyes of the President.
23:35Okay? What does the second one talk
23:37about? The second one talks about his
23:39duty, that he advises the government on
23:41legal matters. Meaning, his duties are
23:43written here. Third, he has the right
23:46to audience. Right of audience. Alright
23:49? In all the courts of the country. He
23:52has the right of audience in all courts
23:54. And clause four talks about the
23:56doctrine of pleasure. Meaning, he
23:58serves during the pleasure of the
23:59President. Doctrine of pleasure means
24:01he serves until the pleasure of the
24:02President. What does Article 74 talk
24:05about? It talks about there shall be a
24:08Council of Ministers. There shall be a
24:11Council of Ministers headed by the
24:14Prime Minister. To aid and advise the
24:20President, to aid and advise the
24:22President. Alright? This is Article 74,
24:27that the President shall not act on his
24:30own discretion. He will act on the
24:32advice of the PM and the Council of
24:33Ministers. Meaning, in a way, the
24:35Council of Ministers, the ministerial
24:37council, is headed by the Prime
24:38Minister and they will advise the
24:40President, and the President will have
24:42to act on that advice. Now the question
24:44arises, is the advice binding? The
24:46answer is, yes, it is binding on the
24:50President. And who made it binding? The
24:5342nd Constitutional Amendment made the
24:56Council of Ministers 'advice binding on
24:58the President, meaning he must accept
25:01the advice. The 44th Amendment told the
25:05President that he could return it once.
25:07Right? You can return the advice once.
25:11But, okay? The reconsidered advice that
25:14comes back, you have to accept that. So
25:17, indirectly, who made it binding? The
25:1942nd Amendment. This is the President's
25:22judicial power under Article 72. Where
25:25he does what? What can he do? He can
25:28pardon someone. For example, in the
25:31recent Meerut blue drum case, both
25:33received the death penalty. So now what
25:37? Finally, suppose they don't get
25:38relief even in the High Court. They
25:40don't get relief even in the Supreme
25:41Court. Then they can file a mercy
25:44petition to the President, requesting
25:46him to pardon or modify their death
25:48sentence. A pardon means to absolve
25:51completely. To completely acquit
25:54someone of all charges leveled against
25:56them. Commute means to change the form
25:58of punishment. Remission means to
26:00change the duration of the punishment.
26:03Respite means changing the duration due
26:06to health grounds, and reprieve means
26:08putting a temporary hold on the
26:10sentence. Right? Is this clear? We will
26:13look at Article 75 later. If I talk
26:15about the Attorney General, he is under
26:17Article 76. Similarly, in Article 165,
26:19there is the highest legal officer of
26:22the state, whom we call the Advocate
26:24General. So, who is the Advocate
26:26General? He is the highest legal
26:28officer in the state. Right? Just like,
26:30who is appointing him? The President.
26:32Who will appoint this one? The Governor
26:33. He should be qualified as a Supreme
26:35Court judge, and he should be qualified
26:37as a High Court judge. That is how it
26:40works. To assist them. To assist the
26:43Attorney General, there is the
26:45Solicitor General. This is not a
26:47constitutional position. Right? Only
26:49this one is constitutional. This one is
26:51not constitutional. Their appointments
26:52are made by the Appointments Committee
26:54of the Cabinet, headed by the Prime
26:56Minister. Which of the following is a
26:58discretionary power of the President?
27:00You were just saying, sir, that there
27:01is no discretionary power; the
27:03President does not work on his own
27:04discretion. He works on the advice of
27:05the Council of Ministers. Absolutely,
27:07he does. For example, he uses his
27:09pardoning power. He cannot act on his
27:11own discretion. He will do so after
27:13asking. He will also act on the advice
27:15of the Council of Ministers. In fact,
27:18in Article 123, which I just asked you,
27:20which article mentions the President's
27:23legislative power? So the government's,
27:25sorry, the President's legislative
27:27power, meaning law-making power, is in
27:30Article 123. Even there, he acts on the
27:32advice of the Council of Ministers. So
27:33sir, when does this discretionary power
27:35come in? When there is no Council of
27:37Ministers, he will act on his
27:38discretion. When would there not be one
27:40? When appointing a PM and no party has
27:42a clear majority. For example,
27:44elections are held. Suppose elections
27:47were held in 2024. Did the BJP get a
27:49majority? They did not. Congress got 99
27:51seats. The BJP did not get a majority.
27:54But look at what the BJP did. What did
27:56the BJP do? They formed an alliance
27:59with TDP, JDU, and LJP and showed their
28:01majority to the President, saying, "
28:03Look, we have a majority." Let's
28:06suppose if there was no majority, let's
28:08suppose no one had a majority, then the
28:11President would say to the single
28:13largest party on his own: You come here
28:15. You will become the Prime Minister.
28:19Okay? But son, do one thing quickly.
28:22Prove your majority quickly. Okay? So
28:24when no one has a majority, there is no
28:26government yet. There is no Council of
28:27Ministers. So in that case, he acts on
28:30his discretion, his own will, and in a
28:32way, he makes the leader of the single
28:34largest party the Prime Minister and
28:35asks him to prove his majority on the
28:37floor. Do you understand? I am not
28:40writing one thing down. Just listen. It
28:41hasn't been asked as a question, but
28:42it's a very good point. And that is
28:44that the President has discretionary
28:46power. But such discretion is not
28:47written anywhere in the Constitution.
28:49However, for the Governor, discretion
28:50is written in the Constitution in some
28:52cases. Like Article 200 gives the
28:55Governor the power that, "Governor, you
28:58can reserve a state bill." You can
29:02reserve a state bill for the President.
29:05You can reserve a state bill for the
29:08President. And there, you don't need to
29:10act on the advice of the Council of
29:12Ministers. So in a way, what is that?
29:14It is written in the Constitution. It
29:15is constitutional discretion, but the
29:17President only has situational
29:19discretion, where a situation arises
29:20where he has to act on his own
29:22discretion. It is not written in the
29:24Constitution. What is this? Article
29:25number 123. It is given in Part Five
29:28and Chapter Three regarding ordinances,
29:30which is called the Legislative Power
29:31of the President. What is an ordinance?
29:34So, when your houses, meaning the Lok
29:36Sabha or Rajya Sabha, are not in
29:38session, the President has the power to
29:40bring an ordinance, that is, to make a
29:43law. You must keep this in mind, and
29:46once the Lok Sabha or Rajya Sabha
29:49reconvenes, it must be approved within
29:51six weeks. Otherwise, they cease to
29:54exist. You need to keep this in mind.
29:57Is this clear? So, this is the
29:59ordinance-making power. And in the same
30:01way, the Governor has the power to
30:03bring an ordinance under Article number
30:06213. What to do? It is 1 2 3.
30:08Interchange one and two. 2 1 3 will
30:10come. Or just add 90. Yesterday, I told
30:14you the trick of adding 89 and 90. Okay
30:17? Is it clear? Let's do some questions
30:19on the Vice President. Come on, try
30:21this question. Do Article 63, 64, 65,
30:2566. 63: There shall be a Vice President
30:34of India. Yes. I also told you about 66
30:36. It talks about the election of the
30:38Vice President. 64: He shall be the
30:41ex-officio Chairperson of the Council
30:43of States. Meaning, whoever becomes the
30:45Vice President will automatically
30:47become the ex-officio Chairman of the
30:49Rajya Sabha. That is, he will
30:51automatically become the ex-officio
30:52Chairperson of the Rajya Sabha. There
30:53are no separate elections for the
30:55Chairman of the Rajya Sabha. Whoever
30:57becomes the Vice President, what will
30:58he automatically become? He will
31:00automatically become your Chairman of
31:02the Rajya Sabha. He acts as a President
31:04during his absence. This is also
31:06correct. Option number D will be the
31:07answer. 1, 2, 3, and 4. Okay. Let's
31:12move on. But before that, tell me who
31:16resolves election disputes? If there is
31:20an election dispute regarding the
31:22President or Vice President, who looks
31:25into it? We should keep this in mind.
31:31Who looks into it? Article number 71 of
31:34the Constitution. Right? It is written
31:37in Article 71 that the Supreme Court
31:39has this exclusive power. Meaning, only
31:42the Supreme Court can look into it. So,
31:44it is the exclusive power of the
31:46Supreme Court to decide election
31:48disputes for the President and Vice
31:49President. Now let's come to the PM and
31:51Council of Ministers. Here is the first
31:54question on your screen. Tell me. Which
32:06article prohibits judicial inquiry into
32:08ministerial advice tendered to the
32:09President during constitutional
32:11functioning? Article 78 talks about the
32:13duties of the Prime Minister, which I
32:15have already explained earlier. Duties
32:17of Prime Minister, 76 Attorney General,
32:2072 Pardoning Power—we just saw what
32:23Article 74 said, right? There shall be
32:26a Council of Ministers headed by the
32:27Prime Minister to aid and advise the
32:29President, who shall act in accordance
32:31with such advice. And that advice
32:32cannot be inquired into in any court
32:34regarding what the advice was. Because
32:36the Prime Minister is the head of the
32:38Council of Ministers, he is called the'
32:40de facto head '; that is why he is
32:41called the' real head '. He is the real
32:44boss. The President is just the boss in
32:47name. The President is just the Head of
32:49State. He is the titular Head of State.
32:51He is the de jure head. He is nominal.
32:57Or he is the titular head. So, he is
33:03the head of government and he is the
33:07head of the country. Okay? 67, who
33:15administers the oath of office and
33:17secrecy to the Union Ministers under
33:19Article 75, Clause 4. 75 Clause 1,
33:22Clause 2, Clause 3, Clause 4, Clause 5,
33:26Clause 6—appointment, which I
33:28mentioned earlier, that the President
33:31appoints the Prime Minister and other
33:34ministers on the advice of the Prime
33:37Minister. The second clause talks about
33:40their individual responsibility. In a
33:44way, it is stated that they serve in
33:45their office only during the pleasure
33:47of the President. That is, they are
33:49individually responsible to the
33:51President of the country. The third
33:54clause talks about their collective
33:56responsibility. Meaning, they are
33:58collectively responsible to whom? They
34:00are collectively responsible to the Lok
34:03Sabha. Which is called the House of the
34:04People. That is why a no-confidence
34:07motion or any such motion where there
34:09is a chance of the government falling
34:12is only brought in the Lok Sabha. You
34:14can call the Motion of Thanks brought
34:17under Article 87 an exception. It is
34:19presented in both houses for a vote. If
34:22it doesn't pass in the Lok Sabha, the
34:24government falls. If it doesn't pass in
34:26the Rajya Sabha, it's not a matter of
34:28concern. Okay? Because the Rajya Sabha
34:30is a permanent house. It is not subject
34:31to dissolution. The Lok Sabha is
34:33subject to dissolution. Okay? So,
34:35collectively responsible to the Lok
34:36Sabha, individually responsible towards
34:38the President. Fourth, oath. Who will
34:41administer the oath? The President will
34:43administer the oath to them. The
34:44President will administer it. The oath
34:46written in Article 99 is for the
34:48members of the Lok Sabha. It is talking
34:51about the oath of the newly elected
34:53members of the Lok Sabha. The oath of
34:55the ministers is written here. Keep
34:56this in mind. The fifth clause states
34:59that anyone can remain a minister for 6
35:01months without being a member of either
35:03House, but they must obtain membership
35:04within six months. Clause six asks, who
35:07will decide their salary? So, they will
35:09decide the salary themselves. That
35:11means it is the Parliament that will
35:13decide the salary. It is asking about
35:15Clause four. So, what is written in
35:17Clause four? Who administers the oath?
35:18The President administers the oath to
35:20them. Keep this in mind. What is
35:21written in Article 99, regarding the
35:23Pro-Tem Speaker I told you about, like
35:25Bhartruhari Mahtab in our 18th Lok
35:27Sabha, is their job to administer the
35:29oath to the members of the newly formed
35:31Lok Sabha. Here we are talking about
35:33the oath of the ministers. How many
35:35times may the President of India ask
35:36the Prime Minister to have an executive
35:38recommendation considered by the
35:40cabinet? How many times can the
35:42President of India request the Prime
35:44Minister to have an executive
35:45recommendation reconsidered by the
35:46cabinet? Just once, saying, "Please
35:49look into this." But, if the
35:52reconsidered advice comes back, that is
35:54binding on the President. We have
35:56already seen this. 19th, okay, who
35:58among the following is the head of the
36:00Council of Ministers? The Prime
36:02Minister is the head of the Council of
36:03Ministers. That is why they are called
36:05the head of government. The real power
36:07lies in their hands. Does the President
36:08administer the oath to the PM? Article
36:1075, Clause 1. Can the President dismiss
36:13the PM arbitrarily? Can the President
36:14dismiss the PM in an arbitrary manner?
36:16Absolutely not. Clause two says that
36:18they serve at the pleasure of the
36:20President. That means your ministers
36:22serve at the pleasure of the President.
36:24But that does not mean. Right? But that
36:27does not mean the President can remove
36:29them whenever they feel like it. Why?
36:30Because the very next clause states
36:32that they are collectively responsible
36:33towards the Lok Sabha. Meaning, this
36:35implies that if the President wants
36:37tomorrow, they can remove a minister.
36:39Why? As the Prime Minister tells the
36:42President, for instance, if Modi ji
36:44tells Droupadi Murmu, "The minister you
36:46see, Chirag Paswan, remove him, remove
36:49him," then they will remove him. They
36:51cannot remove the PM because, my friend
36:53, the PM is their head, right? Firstly,
36:54secondly, the departure of the PM means
36:56the departure of the entire Council of
36:58Ministers; because if the PM dies, or
37:00the PM resigns, or anything happens to
37:02the PM, the entire Council of Ministers
37:04dissolves along with the PM. It is not
37:06necessary for your Lok Sabha to be
37:07dissolved, but the entire Council of
37:09Ministers ceases to exist. If the PM
37:11loses confidence in the Lok Sabha, they
37:13must resign or be dismissed. Yes. If
37:15there is no confidence. Confidence
37:17means that they do not have the numbers
37:18. Not having the numbers means they do
37:19not have the majority. There is no
37:21majority. Then a No-Confidence Motion
37:23can be brought against them. If it is
37:26passed, the Prime Minister is compelled
37:28to resign. There is another tool called
37:31a Censure Motion. What is the
37:33difference between this Censure Motion
37:34that you see and a No-Confidence Motion
37:36? To bring this, the approval of at
37:38least 50 members is required. To bring
37:41this, no member approval is needed.
37:43That is why it is necessary to state
37:44the reason here. The reason is that it
37:46can be brought against a single
37:49minister and also against the entire
37:51council. This can only be brought
37:53against the entire Council of Ministers
37:55. Against the entire cabinet. If this
37:58is passed, resignation is not mandatory
38:01. Here, if this is passed, resignation
38:04is mandatory. The government will have
38:07to resign. There is no other way here
38:11to avoid it. This is 21. In the Indian
38:17parliamentary system, who has the
38:19authority to dissolve the Lok Sabha
38:21before its term expires? So, who has
38:23the power to dissolve it? Article 85 of
38:27the Constitution: summoning the House,
38:32proroguing the House, and dissolving
38:37the Lok Sabha. All these powers lie
38:40with the President of the country.
38:42Summon means to call. Prorogue means to
38:44end the session. To bring the session
38:46to an end. Dissolve means to terminate
38:48the House itself. Here the session is
38:50being called, the session is being
38:51ended. Here the House itself is being
38:52dissolved. And this can only happen to
38:54the Lok Sabha. The Rajya Sabha cannot
38:55be dissolved. Because it is a permanent
38:57house. It is a continuing chamber. So
39:00who can do it? The President can do it
39:02on the advice of the PM. Okay? The Lok
39:05Sabha can be dissolved even before 5
39:07years, which has happened many times.
39:09The Lok Sabha can also be extended by
39:11one year. When? In what case? If a
39:13national emergency is imposed in the
39:15country. Which of the following is not
39:17one of the factors that the Prime
39:19Minister should consider when selecting
39:21ministers for the Union Council of
39:22Ministers? What factor will the PM not
39:25consider? They will see how capable the
39:27person is. Geographical representation,
39:28whether the North East and other
39:30regions have received representation or
39:31not? Like Kiren Rijiju who comes from
39:33the North East. Has the backward class
39:34received representation or not? The
39:35foreign community is not checked. In
39:37the first place, the foreign community
39:38doesn't even exist. So, how would they
39:39check it? Right? This was a very simple
39:41question. Which of the following
39:43correctly represents the three-tier
39:44structure of the Council of Ministers?
39:46Tell me. Which of the following
39:52correctly shows the three-tier
39:54structure of the Council of Ministers?
39:57The three-tier structure of the Council
39:59of Ministers. Look, at the very core
40:01are the Cabinet Ministers. Cabinet
40:03Ministers are those who hold very high
40:06portfolios. Meaning, they hold very
40:07important portfolios. These are senior
40:10ministers like Amit Shah. Rajnath Singh
40:13, Nirmala Sitharaman, S. Jaishankar,
40:14what are they all? They are Cabinet
40:16Ministers. They are senior ministers
40:18and hold very important ministries.
40:20Okay? After that come the Ministers of
40:23State. Who comes next? Ministers of
40:26State. And who comes after that? Deputy
40:28Ministers. What did I tell you? In the
40:31second circle, the Ministers of State.
40:33Ministers of State are of two types.
40:37How? One type are Ministers of State
40:39who are attached to someone. Okay? They
40:42are attached to a ministry. They are
40:44simply called Ministers of State. And
40:47the others who are independent. They
40:51are called Ministers of State with
40:52Independent Charge. These ones that are
40:55attached, okay? They are attached to
40:58the Cabinet Minister. For example, Amit
41:01Shah is the Home Minister. Okay? So,
41:04the Minister of State for Home will be
41:06attached to him. Like Jitendra Singh is
41:09attached to the Prime Minister for some
41:12ministries, and for others, he is
41:14independent. So, keep in mind, if a
41:17Minister of State is attached under
41:19someone, they are just called a
41:21Minister of State. And if they have
41:23independent charge, they are called
41:25Minister of State with Independent
41:26Charge. The difference is that this one
41:29reports directly to the Cabinet
41:30Minister under whom they are working.
41:32This one does not work under anyone.
41:34They are working in that same ministry
41:37but functioning independently. And
41:39these are your ministers of the lowest
41:42rank, you can say, who are called
41:44Deputy Ministers. And who were these?
41:46These were the Cabinet Ministers at the
41:48very core. Okay? Okay. So, Cabinet
41:52Ministers, Ministers of State, and
41:54Deputy Ministers, option number B. Keep
41:56in mind that this classification is
41:58nowhere mentioned in the Constitution.
42:01Nowhere in the Constitution. We
42:03understand it just to grasp the
42:05structure of the Council of Ministers,
42:07but it is not written anywhere in the
42:10Constitution. Which of the following is
42:13the correct descending order of
42:14ministerial ranks in the Union Council
42:16of Ministers as per Indian practice? So
42:18, we have just seen that first comes
42:20the Cabinet Minister, then comes the
42:21Minister of State, and then the Deputy
42:23Minister, option number D. Next
42:24question: Which of the following
42:26statements correctly distinguishes
42:27between the Cabinet and the Council of
42:29Ministers? Which of the following
42:31statements correctly explains the
42:32difference between the Cabinet and the
42:33Council of Ministers? Cabinet is not a
42:36part of the executive. Cabinet is
42:38larger. Cabinet includes senior
42:39ministers, while Council of Ministers
42:41includes all categories. This is what
42:43we were just looking at, the Council of
42:44Ministers, which includes all
42:45categories. Cabinet Ministers come,
42:47Ministers of State come. Ministers of
42:49State (Independent Charge) come, and
42:50Deputy Ministers come. What is a Shadow
42:53Cabinet? The Shadow Cabinet is also not
42:54mentioned anywhere in the Constitution.
42:56It is a cabinet of the opposition. You
42:57can understand it like this. For
42:58example, suppose tomorrow a
43:00no-confidence motion is passed, the
43:01government falls, or tomorrow there are
43:02Lok Sabha elections, a new government
43:04from the opposition comes, so the Prime
43:05Minister becomes Rahul Gandhi. Suppose
43:07Mallikarjun Kharge becomes the Home
43:09Minister. P. Chidambaram becomes the
43:11Finance Minister. Shashi Tharoor
43:12becomes the External Affairs Minister.
43:14So, what kind of thing is this? It
43:15becomes a Shadow Cabinet, that if this
43:17cabinet goes, then this one will come
43:18in. Okay, what is a Kitchen Cabinet?
43:21The inner cabinet of the Cabinet is
43:23called the Kitchen Cabinet. It means
43:25just that, the innermost circle can be
43:27called the Kitchen Cabinet. Like, you
43:30know who is closest to Modi ji? If we
43:33consider everyone, who is the closest
43:35among them? Amit Shah. S. Jaishankar.
43:38Okay? So assume these, and assume
43:40someone else. Uh, okay? S. Jaishankar
43:42and Rajnath Singh. So, these four
43:44people together, these four are his
43:46kitchen cabinet, meaning, consider when
43:48Article 370 must have been removed.
43:50Okay? So, do you think everyone was
43:53called and it was done? It is possible
43:55that only the Kitchen Cabinet knew
43:56about that matter. Only the Kitchen
43:58Cabinet knew about it. Right? That Amit
44:00Shah knows, Rajnath Singh knows, and
44:03Jaishankar knows. And just Modi ji. So,
44:06the kitchen cabinet within the cabinet.
44:10And if I were to ask, is the word'
44:11cabinet 'written anywhere in the
44:13Constitution? So, listen carefully. The
44:16word' cabinet 'is absolutely written in
44:17the Constitution, and it is not just
44:18written. It is also defined. In which
44:20article? It is defined in Article
44:23number 352. And it was mentioned. It
44:27was defined by the 44th Constitutional
44:30Amendment Act; that is how this was
44:32done. In what way does the Union
44:35cabinet differ from the other
44:36government committees? How is the Union
44:39Cabinet different from other government
44:41committees? It is elected by the public
44:44. It functions independently of the
44:46Prime Minister itself as the supreme
44:48decision-making body of the executive
44:50branch? It’s simple; which one seems
44:52more holistic? So it is clearly
44:54understandable that option C says it is
44:56the supreme decision-making body of the
44:58executive branch. Which of the
45:00following statement is true about the
45:02role of the cabinet ministers in India?
45:04So, which of the following statements
45:05is true about the role of cabinet
45:07ministers in India? They are not
45:08involved in the policy decisions. They
45:11are absolutely involved. They only
45:12assist other ministers in their duties.
45:14Brother, cabinet ministers are
45:15ministers of a very high rank. It is
45:17the Ministers of State who assist. They
45:19head important ministries like Home,
45:21Defense, and Finance. In the
45:23ministerial hierarchy in India,
45:24Ministers of State generally have what?
45:27So, in the ministerial hierarchy in
45:29India, what do Ministers of State
45:31generally hold? Authority over the
45:33cabinet portfolios. No executive
45:35responsibility in any of the portfolios
45:37. Secondary rank within the portfolio
45:40assigned to the cabinet minister. So,
45:42this is not talking about a Minister of
45:43State with independent charge. This is
45:46talking about your Minister of State
45:47who is dependent and has to report to
45:49the cabinet minister. They are working
45:51under them. Okay? Is it clear? So, you
45:54have to keep this in mind. So, if we
45:56talk about the Minister of State, then
45:57what will it be here? Secondary rank
45:59within the portfolios assigned to the
46:01cabinet minister. Okay? So, if it said'
46:04Minister of State with independent
46:05charge ', then we would go for the
46:07fourth one, but here it is C because
46:09they are at a secondary rank. Okay? Now
46:11come here. In some cases, the PM of
46:14India assigns an independent charge of
46:15a portfolio to a Minister of State.
46:18This implies that the Minister of State
46:20what? What does this imply? Tell me in
46:23the comments. So, what this does is
46:34that they function as if in cabinet
46:36rank with full independent
46:38responsibility. All right? There is
46:40complete independent responsibility.
46:42They work under the same cabinet,
46:44within the same ministry. But they have
46:46been given complete independent charge.
46:48They will operate in an independent
46:49manner. They are not under anyone and
46:51do not have to report to anyone. Which
46:53of the following powers is exercised by
46:55the Union Council of Ministers in India
46:57? So, which of these powers is
46:58exercised by the Union Council of
47:00Ministers? Conducting judicial review,
47:02supervising the state legislature,
47:04declaring war, or framing policies and
47:06advising the president. Well, judicial
47:09review is done by the judiciary;
47:10supervising the state legislature...
47:12This is not really their function.
47:14Declaring war, framing policies. All
47:17right? Meaning, formulate policies and
47:19advise the President. Under Article 74.
47:22Next. The Union Council of Ministers in
47:31India as the chief executive organ
47:33implicates which of the following? What
47:36is implied by the Union Council of
47:38Ministers in India being the chief
47:40executive organ? Ministers leave all
47:43operations to be done by civil servants
47:45, centralization of power and local
47:47bodies. Each minister is the political
47:48head of his ministry, the abolition of
47:50the role of secretary. The Union
47:52Council of Ministers in India as the
47:54chief executive organ implicates, what?
47:58Each minister is the political head of
48:00his own ministry? He is the head of his
48:02ministry. Who was the Union Finance
48:04Minister in the first cabinet formed in
48:07India in 1952? Rajkumari Amrit Kaur was
48:10the Health Minister, Baldev Singh was
48:13the Defense Minister, Shanmukham Chetty
48:16—Option C will be the correct answer
48:19here. This was our first cabinet, in
48:21which Bhabha ji was your Commerce
48:23Minister. All right? Nehru ji was also
48:25overseeing the External Affairs
48:26Ministry. He was the PM, but he was
48:28also handling the External Affairs
48:29Ministry and Commonwealth Relations
48:31Ministry. If we talk about Sardar Patel
48:32, he had the Home Ministry; Rajendra
48:34Prasad had Food and Agriculture. If we
48:36talk about Maulana Abul Kalam Azad, he
48:37was the country's first Education
48:39Minister. John Matthai was the first
48:41Railway Minister. And on the
48:42recommendation of John Matthai ji, a
48:44parliamentary committee was formed. The
48:45name of that committee is the Estimates
48:48Committee, which was formed for the
48:50first time in 1950, post-independence.
48:53All right? It has 30 members, and where
48:55are they all from? All members of the
48:57Estimates Committee are from the Lok
48:58Sabha. The Public Accounts Committee
49:00and the Committee on Public
49:01Undertakings have 22 members. 15 from
49:02the Lok Sabha and 7 from the Rajya
49:03Sabha. Baldev Singh was in Defense,
49:05Jagjivan Ram in Labor. All right? And
49:07Rajkumari Amrit Kaur was the only woman
49:09in the entire cabinet, in Health.
49:11Ambedkar ji was the Law Minister.
49:13Shanmukham Chetty was Finance Minister,
49:14and Syama Prasad Mukherjee was looking
49:16after Industry and Civil Supplies. All
49:18right? And you don't need to memorize
49:19this. Gadgil ji, the effect of the
49:21proclamation of emergency is explicitly
49:23provided in which of the following
49:25provisions of the Constitution of India
49:27? Tell me the effects of an emergency.
49:31So, if we talk about emergency, a
49:32national emergency is imposed under
49:34Article 352. A national emergency is
49:36imposed in the country; tell me how
49:38many times it has been imposed to date.
49:40And what are the grounds for it? Tell
49:41me that as well. So, Article 353 states
49:44what its effect will be. An effect, for
49:48instance, is that our entire federal
49:50structure of the country turns into a
49:53unitary structure. It gets converted.
49:55Why? Federal means where the states
49:58have some power. Unitary means where
50:00states have no power. The Center has
50:02more power. So, the power gets
50:04aggregated with the Center. The Center
50:06gets more power in cases of national
50:08emergency. That is why it changes from
50:11a federal to a unitary structure.
50:13National emergency has been imposed in
50:14the country three times so far. When?
50:16One was imposed in 1962 during the war
50:18with China. One in 1971 when it
50:20happened with Pakistan. There was also
50:22a war with Pakistan in 1965. But at
50:24that time, an emergency was already in
50:26place from '62, so it wasn't imposed.
50:28And in 1975, this emergency was imposed
50:31. Both of these were imposed in cases
50:34of war or external aggression. All
50:36right? They were imposed in cases of
50:38war or external aggression. And as for
50:40the one we are talking about, it was
50:42imposed on the grounds of internal
50:44disturbance. All right? On the grounds
50:46of internal disturbance, a national
50:48emergency must be approved by
50:50Parliament within the...So, the
50:51President imposes the emergency; the
50:53President will impose the emergency.
50:56But it must be approved by Parliament
50:58within 30 days with a special majority.
51:01All right? With a special majority. But
51:05if it is to be revoked tomorrow, tell
51:07me, in which part of the Constitution
51:09is the emergency mentioned? If it is to
51:12be revoked, the President can revoke it
51:14by himself without any trouble. But if
51:17the Lok Sabha passes a resolution with
51:19a simple majority, it also has to be
51:21revoked by a simple majority. As for
51:23the part, it is Part 18 of the
51:26Constitution. The phrase "internal
51:29disturbance" in the emergency provision
51:31of the Constitution of India was
51:32replaced by which term? So, as I just
51:34mentioned, the emergency imposed on
51:36June 25, 1975, was based on the grounds
51:38of "internal disturbance." So, what did
51:41the 44th Amendment, the 44th
51:43Constitutional Amendment, do? It
51:45replaced "internal disturbance" with "
51:47armed rebellion." That is to say, it
51:49made it "armed rebellion." Meaning, an
51:51emergency can no longer be imposed on
51:52the grounds of "internal disturbance."
51:53It can be imposed in the case of "armed
51:55rebellion." Which amendment made the
51:57cabinet advice mandatory for emergency
51:58in India? I mentioned a little while
52:00ago, which amendment mentioned the word
52:02"cabinet"? Defined it. That was the
52:0444th. What did it do? It stated that
52:07Parliament can amend the Fundamental
52:09Rights. Parliament can amend the
52:12Fundamental Rights. Can amend the
52:14Fundamental Rights—Parliament can
52:17amend the fundamental rights. What else
52:19did it say? It abolished all the veto
52:22powers of the President. The President
52:24has no veto in the case of a
52:25Constitutional Amendment Bill. I
52:27mentioned this just a while ago. What
52:28did the 26th Amendment Act do? This
52:30also happened in 1971. In 1971, it
52:33completely abolished the privy purses.
52:36The pensions that the kings of the
52:38princely states used to receive were
52:40abolished. What did the 42nd Amendment
52:43not do? If you look at the entire
52:44Constitution, some very major changes
52:46took place. That is why it is called
52:48the "mini-Constitution." Right? For
52:50example, the tenure of the Lok Sabha
52:51was increased from five years to six
52:52years. Fundamental duties were added.
52:55So, there were many changes in it,
52:57which we have also studied over time.
52:59Right? Suspension of enforcement of
53:02fundamental rights, except Articles 20
53:04and 21, occurs under which article of
53:05the Constitution? So, the first thing
53:08is that there are two articles
53:10regarding the suspension of fundamental
53:11rights. Article number 358, Article 358
53:15, and Article number 359. Right? So,
53:18the first thing is, from which
53:20country's constitution was the
53:21suspension of fundamental rights during
53:22an emergency borrowed? Tell me. Under
53:24Article 358, the six fundamental rights
53:27granted under Article 19. Which
53:29fundamental rights are those? You know
53:31"SAMROH," right? We have already
53:32studied it. So, under the right to
53:34freedom: right to freedom of speech and
53:35expression, right to assemble, right to
53:37form association, right to move, right
53:39to reside and settle in any part of
53:40India. And right to practice any
53:42occupation or profession. Sub-clauses a
53:44, b, c, d, e, and g; f is not there.
53:48Because' F 'used to contain the Right
53:50to Property, which has been removed by
53:52the 44th Constitutional Amendment Act
53:54of 1978. Now it exists as a legal right
53:58in Part 12 of the Constitution. Okay?
54:01So, if these six rights are to be
54:02suspended, then Article 358 applies;
54:04and if any other fundamental right is
54:06to be suspended, or the right to move
54:08the court is suspended—not the
54:09fundamental right itself. In this case,
54:12under 359, the right to move the court
54:14—you cannot go. You have the rights,
54:15but if those rights are violated, you
54:17cannot go to court. Okay? So remember
54:19it this way: Article 358 covers Article
54:2119, and all the others are in 359. The
54:23others do not include 20 and 21,
54:25because regardless of the grounds on
54:26which the emergency is imposed, Article
54:2820, which talks about protection in
54:30respect of conviction for offenses (
54:31i.e., protection regarding conviction
54:33for offenses), which includes the first
54:35clause on no ex-post facto law, the
54:37second on no double jeopardy, and the
54:38third on no self-incrimination, and
54:40Article 21, which talks about the right
54:42to life and personal liberty, can never
54:44be suspended. And if I told you the
54:46three grounds were war, external
54:48aggression, and armed rebellion (Sir,
54:50we were told internal disturbance).
54:52Internal disturbance used to be the
54:54term; I mentioned a while ago that the
54:5544th Amendment replaced the word'
54:57internal disturbance 'with' armed
54:58rebellion '(sashastra vidroh). So, if
55:00an emergency is imposed on the grounds
55:02of armed rebellion, then these cannot
55:04be suspended either. The six
55:05fundamental rights of Article 19,
55:07understand my point, these can never be
55:10suspended. No matter on what grounds
55:12the emergency is imposed, the
55:13fundamental rights of Article 19 cannot
55:15be suspended if the emergency is on the
55:17grounds of armed rebellion. And we have
55:19borrowed this from the Weimar
55:20Constitution of Germany. The suspension
55:22of fundamental rights during an
55:24emergency has been borrowed from
55:25Germany's Weimar Constitution. What was
55:27the main purpose of the commission of
55:29inquiry appointed by the Janata Party
55:32government in May 1977? So in May 1977,
55:35the Janata Party...meaning Morarji
55:37Desai became the Prime Minister after
55:39the elections. Okay? Then immediately
55:42after that, there was a rift between
55:43them. They had a fight, so Chaudhary
55:45Charan Singh became the Prime Minister.
55:46Then Indira Gandhi supported Chaudhary
55:48Charan Singh. Then she withdrew her
55:50support. She betrayed him. Okay? Anyway
55:52, whatever it was, a Shah Commission
55:54was set up in May 1977. Okay? Amit Shah
55:57was not the chairman of this. Okay? It
55:59was a different Shah. So, the Shah
56:02Commission was set up to examine how
56:04power was misused during the Emergency.
56:07Authority was abused. You might know
56:10how all the opposition members were put
56:13in jail. So, in a way, the entire
56:16authority was abused, and since, as I
56:20told you, one has to ask the Cabinet,
56:23whom? One has to ask the Cabinet. Okay?
56:28One second. The requirement we just saw
56:35, that one must consult the Cabinet
56:36while imposing an emergency. Okay? So
56:39why was that added? Because the
56:41emergency Indira Gandhi imposed on June
56:4425, 1975, was without asking the
56:45Cabinet, Fakhruddin Ali Ahmed—listen
56:48to this carefully. Okay? Who was the
56:50President when the emergency was
56:52imposed in 1975? He was Fakhruddin Ali
56:54Ahmed. So she told him to impose
56:56President's Rule without asking her
56:59Cabinet. That is why it was added later
57:01that the Prime Minister cannot do what
57:03regarding an emergency without asking
57:05the Cabinet? He cannot advise the
57:07President. Okay? What is the maximum
57:10total duration for which President's
57:12Rule can continue in a state under
57:14Article 356? So, up to 3 years. Maximum
57:173 years. Technically, it can only run
57:19for a year, but it can be extended in
57:21only two cases: either if an emergency
57:23is imposed across the country (national
57:25emergency), or the Election Commission
57:27of India has stated that elections
57:29cannot be held there. In that case, the
57:31conditions are not suitable. After
57:33proclamation, financial emergency must
57:35be approved within how many months by
57:37Parliament? So, there are three types
57:39of emergencies. Article 352 has
57:41National Emergency. 356 has State
57:43Emergency and 360 has Financial
57:46Emergency. First of all, listen to this
57:48. The word' State Emergency 'is not
57:50used anywhere in this article. It is
57:52called President's Rule. We just refer
57:54to it as State Emergency. Okay? So,
57:58this must be approved within one month
58:00by the Parliament with a special
58:02majority. These two must be taken
58:05within two months with a simple
58:06majority from the Parliament. Okay? So,
58:10Financial Emergency must be approved by
58:12both within two months, which is also
58:14required for President's Rule.
58:16Fundamental rights are not affected
58:18during a Financial Emergency. The only
58:20thing is that the salaries of judges
58:22and such can be reduced. Who can do
58:25that? The President can do it. Now
58:29let's move on to constitutional
58:30amendments. Constitutional amendments.
58:32We are going to study that here now.
58:33Okay? Keep in mind that a financial
58:35emergency has never been imposed in the
58:37country to date. Okay? To date, a
58:39financial emergency has not been
58:40imposed in the country. Come, but
58:42before that, in which part and article
58:43is the amendment given in the
58:45Constitution? We have discussed this
58:47before that Part 20 is where your
58:49amendment is provided. It is Article
58:52368. It is Article 368, and under this,
58:55two types of amendments can be made to
58:57the Constitution. Two types of
58:59amendments are given. One is a special
59:01majority, and the second is a special
59:03majority plus ratification from at
59:05least half of the states with a simple
59:08majority. Meaning, you need a special
59:10majority in Parliament and you need a
59:13simple majority. A simple majority is
59:14required where? In the states. I have
59:16already taught you this before. Okay? I
59:18have told you. Where there is any
59:19change of a federal nature. Like
59:21changing the election system of the
59:23President, that is the President's
59:25election, or some changes to the
59:26Supreme Court or High Courts, or the
59:28Seventh Schedule, which contains the
59:29Union, State, and Concurrent lists, if
59:31any change is to be made there, or if
59:33Article 368 itself is to be changed,
59:34then ratification from at least half of
59:36the states will be required. What does
59:38this apply to? If Fundamental Rights or
59:40DPSP are to be amended, the special
59:42majority and simple majority ones do
59:44not deal with amendments under Article
59:46368, so only two types of amendments
59:48come under 368. Which amendment
59:51introduced a cap on the size of the
59:52State Council of Ministers? Who placed
59:55that cap? Look, I taught you Article 75
59:59, clause one. Appointment of the Prime
1:00:01Minister and other Ministers. In this,
1:00:04there is a sub-clause A and a
1:00:05sub-clause B. Both these sub-clauses
1:00:07were added by the 91st Amendment of
1:00:102003. Option number B. First of all,
1:00:12let me tell you that we have already
1:00:13studied the procedure for amendments. I
1:00:15just told you a little bit about it. If
1:00:18you want to know about all the
1:00:19important amendments that have happened
1:00:21in the Constitution, then search for "
1:00:23Constitution Amendment Parmar SSC". I
1:00:25have posted a video on the Parmar SSC
1:00:27channel. It has around 1 million views,
1:00:29I think. So, watch that. I have covered
1:00:31everything in that. If you want to see
1:00:33all the amendments, the important ones,
1:00:34although we are covering them here
1:00:36anyway. Okay? But if you still want a
1:00:38dedicated separate lecture, I have
1:00:40already done that. So, this talks about
1:00:42the size of the Council of Ministers.
1:00:45It talks about the size. This is a
1:00:47sub-clause. The size can be 15%, a
1:00:49maximum of 15%of the House of the
1:00:51People, i.e., Lok Sabha. There cannot
1:00:53be more Council of Ministers than this.
1:00:55Including the Prime Minister. And it
1:00:58states that if any member is
1:01:00disqualified due to defection. Right?
1:01:05Disqualified due to defection, then
1:01:08they will also be disqualified from
1:01:12ministership. Both of these were added
1:01:15by the 91st Amendment in 2003. It added
1:01:17Part number nine. It added Schedule 11.
1:01:20Right? It is associated with Panchayats
1:01:22. Anyway, we were discussing this. What
1:01:25did the 61st Amendment do? It reduced
1:01:27the voting age. Right? It reduced the
1:01:31voting age. From how much to how much?
1:01:33It reduced it from 21 to 18. You have
1:01:35to keep this in mind. From 21 to 18.
1:01:37Right? In the case of Delhi, you have
1:01:40to keep in mind that the 69th Amendment
1:01:42, which deals with this, does not have
1:01:45this 15%rule. It has 10%of the
1:01:48Legislative Assembly. Because in all
1:01:50the states in India, the maximum
1:01:53capping, okay? For the Council of
1:01:55Ministers there, it is 15%. But in
1:01:57Delhi, there is a 10%capping. 69th
1:01:59Amendment. There is also a minimum
1:02:02capping in every state. There will be a
1:02:05minimum of 12. It is stated for every
1:02:07state that there should be at least 12
1:02:09ministers; in the case of the Lok Sabha
1:02:10, i.e., in the case of the Center,
1:02:12there is no such minimum capping. There
1:02:14is a maximum of 15%—there is a
1:02:16maximum of 15%in the states as well—
1:02:18but there is nothing here in the Center
1:02:20regarding a minimum of 12, which the
1:02:21states must have. After an amendment
1:02:24bill relating to the DPSP is passed by
1:02:25the Parliament, what is the next
1:02:27mandatory constitutional step for it to
1:02:29become a law? Hmm, so once it is passed
1:02:33by both Houses, the President's assent
1:02:34is required, and if it's a
1:02:35constitutional amendment, they must
1:02:37give their assent. They cannot use any
1:02:39veto. Right? They cannot use a veto.
1:02:41What is notification in the Gazette? So
1:02:44, in the case of an ordinary bill, it
1:02:45generally happens that a bill is passed
1:02:47in three stages. In the first stage, if
1:02:50we talk about it, the budget—sorry,
1:02:52the bill—is presented. What happens
1:02:54in the second stage? In the second
1:02:56stage, there is a discussion and voting
1:03:00. And sorry, there is discussion and
1:03:03amendments. Right? Discussions take
1:03:06place, and if any amendment or change
1:03:08is to be made, it happens, and what is
1:03:10the third stage? In the third stage,
1:03:12your voting takes place. Okay? 43.
1:03:14Which of the following provisions of
1:03:16the Constitution of India specify the
1:03:18power of Parliament to amend the
1:03:19Constitution? The question is simple.
1:03:21You can do it. You can easily solve
1:03:22this question. Okay? What would be the
1:03:24correct answer? The correct answer
1:03:26would be, as it refers to an amendment.
1:03:27Article 368; this has been repealed, as
1:03:29you know, which gave special powers to
1:03:31Jammu and Kashmir; this speaks about
1:03:32national emergency and President's rule
1:03:34. 44. Which of the following amendments
1:03:36to the Constitution of India allows
1:03:38both the Centre and States to levy the
1:03:41GST (Goods and Services Tax)? Tell me.
1:03:45So the 101st Amendment of 2016 would be
1:03:47the correct answer here. Okay? It was
1:03:49this that established the GST Council
1:03:52under Article 279A as a constitutional
1:03:54body. If we talk about the GST Council,
1:03:58it has 33 members. The Centre has 1/3
1:04:02of the voting power, and if we talk
1:04:05about the States, they have 2/3 power.
1:04:07To make any decision, a 3/4 majority is
1:04:10required if any decision is to be taken
1:04:13. Okay? Let's move on. The Constitution
1:04:1895th Amendment Act of 2009 extended the
1:04:20reservation of seats in the Lok Sabha
1:04:23and Assemblies for the SC, ST, and
1:04:25Anglo-Indians for how many years? So,
1:04:28you can relate this. We keep reading
1:04:31about the 104th Amendment Act. I
1:04:33mentioned yesterday too that under
1:04:35Article 330 in the Lok Sabha and
1:04:38Article 332 in the Legislative
1:04:40Assemblies. The reservation that SCs
1:04:43and STs receive. Okay? The reservation
1:04:45SCs and STs receive. It has been
1:04:47extended for 10 years. And the
1:04:50nomination of Anglo-Indians under
1:04:53Article 331 and Article 333. In 331,
1:04:56the President nominates two members,
1:04:58two Anglo-Indians, to the Lok Sabha,
1:05:00and here, under 333, one member from
1:05:02the Anglo-Indian community is nominated
1:05:04to the Legislative Assembly. This has
1:05:06been completely abolished by the 104th
1:05:08Amendment. So, the same thing must have
1:05:11been done by the 95th Amendment, it
1:05:12must have been extended for 10 years,
1:05:14and for the Anglo-Indians, it must have
1:05:16been extended as well. Then after 2009,
1:05:19we reached 2019, and what did we do in
1:05:222019? We abolished Anglo-Indian
1:05:23representation and extended the SC/ST
1:05:24reservation for 10 years. Now let's
1:05:26come to today's last topic, and that is
1:05:28Centre-State relations, that is, the
1:05:30relationship between the Union and the
1:05:32States. Now keep in mind that these are
1:05:34the two parts of ours that deal with
1:05:36this. One is Part 11. Okay? Part Five
1:05:40is the Union, Part Six is the State,
1:05:41Part Seven doesn't exist anymore. It
1:05:43has been repealed by the Seventh
1:05:44Amendment. Part Eight deals with UTs,
1:05:47Part Nine with Panchayats, Part Nine A
1:05:49with Municipalities, Nine B with
1:05:51Cooperative Societies, and Part 10
1:05:54talks about the administration of
1:05:56scheduled areas. Part 10, Part 11, and
1:05:59Part 12 deal with center-state
1:06:02relations, that is, the relations
1:06:04between the center and the states. Okay
1:06:08? So this Part 11 talks about the
1:06:12legislative relations. Okay? It talks
1:06:16about legislative relations. It talks
1:06:18about legislative relations. And if we
1:06:21talk about Part 12, then what does it
1:06:23talk about? Administrative. Okay?
1:06:28Administrative relations. That is,
1:06:32administrative relations and financial
1:06:35relations. If we talk about financial,
1:06:39then Articles 268 to 293. If we talk
1:06:43about administrative relations, 256 to
1:06:46263. And if we talk about legislative
1:06:50relations, then 245 to 255. Okay. So
1:06:56let's see, legislative means
1:06:57legislation, that is, who can legislate
1:06:59on what and when. I will give you an
1:07:02example, Article 249, Article 250,
1:07:05Article 252, Article 253; do you
1:07:07remember? These are the cases where the
1:07:10Union, i.e., Parliament, can make laws
1:07:13on subjects in the State List. What do
1:07:15they all come under? Isn't it talking
1:07:17about the legislative relations between
1:07:18the center and the state? So tell me,
1:07:20Article 245 to 255 of Part 11 of the
1:07:22Constitution primarily deal with which
1:07:24aspect of the center-state relations? I
1:07:27just told you, this deals with
1:07:28legislative relations. Where are the
1:07:31administrative relations? They come in
1:07:34Part 11 itself. Sorry, sorry, sorry,
1:07:38sorry, sorry, sorry, sorry, sorry,
1:07:39sorry, sorry. Okay? Financial relations
1:07:45come under Part 12. That got a bit
1:07:47strange. Come on. Okay. So legislative
1:07:50relations come under Part 11, from 245
1:07:52to 255. And administrative relations
1:07:54will come from 256 to 263. And the
1:07:56financial relations will come under
1:07:58Part 12, from 268 to 293. 268 to 293,
1:08:00which article of the Constitution deals
1:08:02with the distribution of legislative
1:08:04powers between the Union and States?
1:08:06Where is the distribution of
1:08:08legislative power? We have three lists:
1:08:10List One, List Two, and List Three.
1:08:12This talks about the amendment of the
1:08:13Constitution. This talks about the
1:08:15Finance Commission, which we will see
1:08:17tomorrow. Tomorrow will be our last
1:08:18lecture. We will cover constitutional
1:08:20bodies, non-constitutional bodies, and
1:08:21the judiciary. Okay? Article 246
1:08:24mentions List I, on which the Union can
1:08:26make laws, List II, on which the State
1:08:28can make laws, and List III, which is
1:08:30the Concurrent List. This is the Union
1:08:33List, State List, and Concurrent List
1:08:34on which both can make laws. If both
1:08:36make laws, whose will prevail, where is
1:08:39that written? It is written in Article
1:08:41254, which talks about the Doctrine of
1:08:43Repugnancy. Tell me, do you all know
1:08:46this well? I have explained it many
1:08:49times. Have I told you or not? Tell me
1:08:51quickly. If I were to say this, tell me
1:08:53, have I taught this or not? You
1:08:55haven't told us, sir, you haven't
1:08:56taught it at all. I am certain if I ask
1:08:59whether I have taught it or not? No, no
1:09:01, sir, you haven't, please explain it
1:09:02once more. Okay? So, I have taught this
1:09:04. I am asking you whether you remember
1:09:07it or not? Article 254 Clause 2 of the
1:09:09Constitution states a State law
1:09:11repugnant to a Central law can prevail.
1:09:13When can a State law prevail? What was
1:09:15taught about the Doctrine of Repugnancy
1:09:16? If it was reserved for the President
1:09:18and the President has given assent to
1:09:20that bill. Article 200 gives the
1:09:23Governor the power to reserve it for
1:09:25the President. Okay. Okay, we Didn't
1:09:32tell. Fine, if we didn't tell you, then
1:09:35we won't tell. Have you seen Lalu Yadav
1:09:37? We...this Mamata...this is a very
1:09:43good person of ours. We are not saying
1:09:47that they asked for a ministry. But
1:09:50then, is it not true that you asked for
1:09:52a ministry? We did not ask for any
1:09:55ministry. I mean, Banerjee says. So if
1:09:57you didn't ask, you won't get it. Did
1:09:59you guys see that? Yes. So if they
1:10:01didn't get it done, then we won't get
1:10:03it done. Which constitutional provision
1:10:05empowers the Government of India to
1:10:07give directions to a State in certain
1:10:09matters? Which constitutional provision
1:10:11empowers the Government of India to
1:10:13give directions to a state in certain
1:10:14matters? Can give directions to the
1:10:16state. The Union, as I mentioned a
1:10:18while ago. Article 256 can give
1:10:20directions. Keep this in mind. I would
1:10:22also like to mention Article 355 here.
1:10:24When I told you about President's Rule.
1:10:26Then President's Rule can be imposed on
1:10:27two grounds. The first ground is
1:10:29written in Article 355 and the second
1:10:31is written in Article 365. It talks
1:10:33about, sorry, it is written in Article
1:10:36356 and in Article 365. Article 355
1:10:39gives the Center or the Union the duty
1:10:42that, hey Center, your state is like
1:10:44your younger brother, you have to
1:10:47protect him, defend him against
1:10:49external aggression, etc. So, keeping
1:10:51this in mind, what does the Center do?
1:10:55It imposes President's Rule. Like, your
1:10:58older brother was told to take care of
1:11:00you, and then he beats you up; it's
1:11:02just like that. Okay? Meaning, the
1:11:04Constitution is like a father. So, our
1:11:06forefathers who made the Constitution
1:11:09said that Center, it is your duty to
1:11:11keep the state protected. So, what does
1:11:13the Center do? Acting like the big
1:11:14brother, it reprimands the state.
1:11:16Meaning, it imposes President's Rule.
1:11:17So, this is the ground written in 356,
1:11:22that if the state's constitutional
1:11:25machinery breaks down, and secondly, if
1:11:30the directions given by the Center...If
1:11:34the state refuses to follow the
1:11:37directions given by the Center. It is
1:11:41not following them at all. So in that
1:11:43case, these are the two grounds under
1:11:45which President's Rule can be imposed
1:11:47under Article 356, because it has been
1:11:48given the duty in 355. What is written
1:11:51in 256? 256 states that, State, you
1:11:53must work within your executive limits
1:11:55according to Parliament. Okay? Don't
1:11:57get too rowdy. Obey your big brother.
1:11:59Okay? Hmm, the Inter-State Council is
1:12:02constituted under which Article?
1:12:04Inter-State Council. Article 263.
1:12:07Meaning, it is a constitutional body.
1:12:09Look, the Sarkaria Commission which was
1:12:11formed in 1983. The Sarkaria Commission
1:12:14was formed in 1983. It recommended that
1:12:16an Inter-State Council be formed. Based
1:12:19on its recommendation, the country's
1:12:21first Inter-State Council was formed in
1:12:231990. In 1990. Who forms it? The
1:12:29President forms it for 5 years. Okay?
1:12:31Its advice continues for 5 years. So,
1:12:33the Sarkaria Commission was formed in
1:12:351983, which talked about creating an
1:12:37Inter-State Council, the first of which
1:12:39was formed in 1990. Other commissions
1:12:41have also talked about such things. For
1:12:42example, the Punchhi Commission, which
1:12:44was formed in 2007, also did. So,
1:12:45Article 280 mentions the Finance
1:12:47Commission. Article 368 talks about
1:12:49constitutional amendments. Okay?
1:12:52Alright. Uh. Like we saw 246 here,
1:12:58right? Now, tell me, what is written in
1:13:01248? So, in 248, keep in mind what is
1:13:04written. It mentions residuary powers,
1:13:07meaning any subject not mentioned in
1:13:09any of the three lists is called a
1:13:12residuary power. Then it is called a
1:13:14subject of the residuary list. We say
1:13:16that residuary power—any subject not
1:13:18mentioned in any list—who has the
1:13:20power to make laws on it? So, the power
1:13:22to make laws on it lies solely and
1:13:23exclusively with the Parliament. Where
1:13:25was this borrowed from? It has been
1:13:27borrowed from Canada, where the center
1:13:28has been given more power, just like
1:13:29here. It was borrowed from Canada.
1:13:31Which article of the Constitution
1:13:33empowers the Parliament to make grants
1:13:35to the states which are in need of
1:13:37financial assistance? So, grants can be
1:13:39given. Grants-in-aid can be provided.
1:13:41Now tell me, are we talking about
1:13:43financial relations? Yes, sir, we are.
1:13:46So what is 255 doing here? No, 255 is
1:13:49about legislative relations. What is
1:13:51265 doing? No, no, this is not—this
1:13:53is not a financial relation, this won't
1:13:55come under this either. Okay? Where do
1:13:57your financial relations begin? They
1:13:59start from 268. They start from 268. So
1:14:02, if you look at it in a simple way,
1:14:03two of your options are gone. What is
1:14:06left? Two remain, 275 and 285, but 285
1:14:09is not associated here. 275 would be
1:14:12the correct answer here. Okay? So, in
1:14:14this way, you can eliminate. If you
1:14:16know the range of articles and where
1:14:18what is given. How do center-state
1:14:20financial relations? Only two questions
1:14:22are left. Okay? How do center-state
1:14:24financial relations? What, kid, did you
1:14:33skip this? Tell me, what is given in
1:14:35this? It is about interstate water
1:14:40disputes. I was just seeing how many
1:14:43people are sleeping and how many are
1:14:44awake. Interstate water disputes. What
1:14:47did you think? That I just skipped it
1:14:49like that? No, there is a reason behind
1:14:51everything I do. Yes. So, if there is
1:14:54an interstate water dispute, Parliament
1:14:56can set up a tribunal for it. The power
1:14:59has been given to the Parliament.
1:15:01Listen to me carefully. The Inter-State
1:15:06Council formed under Article 263 is a
1:15:09constitutional body. It is
1:15:10constitutional. Who forms it? The
1:15:12President. The tribunal formed under
1:15:14Article 262 to resolve interstate water
1:15:17disputes is not constitutional. It is
1:15:19statutory. What is statutory? Something
1:15:21that is formed through law. And who
1:15:23forms that? Parliament. And It can
1:15:28debar any other court from interfering
1:15:31in this matter. Meaning, if two states
1:15:34fight over water, like Tamil Nadu and
1:15:37Karnataka fighting over Cauvery water.
1:15:39We fought. Parliament will step in.
1:15:42What, what brother? What happened? Here
1:15:44, a tribunal is formed. They formed a
1:15:46tribunal. The tribunal took a decision.
1:15:48Tamil Nadu and Karnataka say, "We will
1:15:49go to the Supreme Court." No, you can't
1:15:51; you simply cannot go. The tribunal's
1:15:53decision will be final. It won't be
1:15:55binding, okay. No appeal lies in any
1:15:57court, court of appeal, or any other
1:16:00court. Sir, tell us, there was 263, the
1:16:03Inter-State Council would be a
1:16:04constitutional body, it wasn't stated
1:16:06there. This is also written in Article
1:16:09262 that Parliament can make laws to
1:16:12resolve inter-state water disputes, so
1:16:15Parliament makes the Inter-State Water
1:16:18Dispute Act. It is an Act, statutory.
1:16:20Understood? Is it okay now? So you
1:16:22should understand, that is a statutory
1:16:25body. How do center-state financial
1:16:27relations impact the governance in
1:16:29India? How do center-state financial
1:16:31relations affect governance in India?
1:16:33By providing states with unlimited
1:16:35financial...resources, "unlimited
1:16:37resources," this has become extreme,
1:16:39extreme. Keyword: by centralizing all
1:16:41tax revenues at the center, centralize
1:16:43all tax revenues, that's extreme,
1:16:45through mechanisms like the Finance
1:16:47Commission that allocate resources by
1:16:49eliminating the need for state budgets.
1:16:51Just eliminate it. Okay? By eliminating
1:16:53the need for a state budget altogether.
1:16:54It is not like that. Through mechanisms
1:16:56like the Finance Commission that
1:16:57allocates resources. So the Finance
1:16:59Commission under Article 280 allocates
1:17:01resources, like how much will the
1:17:03center keep? How much will go to the
1:17:04states? For example, let's see, if you
1:17:06don't remember, we will study it
1:17:07tomorrow. Okay? How vertical and
1:17:09horizontal devolution happens. Tomorrow
1:17:11will be our last class of Polity. Okay?
1:17:14The Punchhi Commission 2007 was
1:17:15primarily constituted to examine and
1:17:17make recommendations regarding which
1:17:19provision of the Constitution. So the
1:17:21Punchhi Commission 2007 was primarily
1:17:23constituted to examine which provision
1:17:25of the Indian Constitution and make
1:17:27recommendations regarding it? So if we
1:17:29talk about the Punchhi Commission, it
1:17:30was formed in 2007 regarding
1:17:31center-state relations. The Sarkaria
1:17:33Commission in 1983 regarding
1:17:35center-state relations, Punchhi
1:17:36Commission in 2007 regarding
1:17:38center-state relations, and one more
1:17:40was formed which is called the
1:17:41Rajamannar Commission. This Rajamannar
1:17:44Commission was formed by the Tamil Nadu
1:17:47government. Sarkaria and Punchhi were
1:17:48formed by the central government. This
1:17:50one was formed by the DMK government of
1:17:53Tamil Nadu in 1969, in 1969. Meaning,
1:17:55this was the first one formed regarding
1:17:56Centre-State relations. But its
1:17:58recommendations have not been accepted.
1:18:01Thank you. Thanks. How much did you
1:18:08score? Tell me that out of 53. And if
1:18:11you want to download the PDF of this
1:18:12lecture, go to the Parmar Railway
1:18:14Telegram channel; you can do it from
1:18:15there. You can also do it on the Parmar
1:18:18Academy app, and if you want digital
1:18:20notes, more quizzes, if you need these
1:18:21quizzes to attempt and want more
1:18:23practice, then there is the NTPC
1:18:24revision batch; you can do it from
1:18:26there. Plus, you can also get access to
1:18:29the private Telegram group from here.
1:18:31Okay? Is it clear? Padmav got 50. And
1:18:38how is it going? I mean, this is our
1:18:40second-to-last lecture. Tomorrow will
1:18:42be the last one. Did you feel it? Did
1:18:44you get confidence in PT? I mean, does
1:18:47it feel like the big promises and big
1:18:49dreams the master showed on the first
1:18:52day are actually visible and the
1:18:54questions are getting solved? You must
1:18:56be solving questions, right? If there
1:18:58are people here, you can definitely
1:18:59tell. Are the questions being solved?
1:19:05There were questions from yesterday, 48
1:19:07and 49 were skipped, need to do them
1:19:08today. Oh, did we skip them yesterday?
1:19:12Wait, I must have gotten them done, in
1:19:14my opinion. Yes, wait, it was lecture
1:19:19four, right? It got deleted. What was
1:19:22the question? Hmm. What was the
1:19:26question? Do you remember? I mean, it
1:19:28must have been done. I think it will be
1:19:30solved with this. It's not running,
1:19:32it's racing, sir. Yes sir, today I have
1:19:35come to the Parmar farmhouse. Okay, the
1:19:37class will be tomorrow at 6:00 pm, your
1:19:40class will be at the usual time
1:19:42tomorrow. Okay, the science batch class
1:19:45, the physics one, which I had to
1:19:47reschedule because of the PET class.
1:19:50That class will be tomorrow morning.
1:19:52The physics class will be the day after
1:19:53tomorrow morning. Okay? On Saturday and
1:19:55Sunday, and this will be in the evening
1:19:56. You will have a break on Sunday.
1:19:58There will just be a break on Sunday,
1:19:59and from Monday we will start the next
1:20:01subject. Okay? Tell me in the comments
1:20:03which subject should be started. Thank
1:20:04you. Please tell us tomorrow's topic.
1:20:06So, I will tell you what the topics
1:20:07will be tomorrow, sir. So, tomorrow's
1:20:09topics will be, one is Constitutional
1:20:12and Non-Constitutional bodies. It will
1:20:14be Constitutional and
1:20:15Non-Constitutional bodies. The topic
1:20:18will be the Historical Background
1:20:20chapter, that topic, and the Judiciary.
1:20:23So, we will look at these three main
1:20:24topics tomorrow. The lecture might be a
1:20:26bit long. But yes, we will be covering
1:20:28these three topics tomorrow. These are
1:20:30the only three main topics. Okay? Let's
1:20:32go. Okay, don't hold class tomorrow.
1:20:37Why brother, what's tomorrow? Ravindra
1:20:43has 39. Okay. Well, that's great. But
1:20:50okay, that's good. Sir, please take
1:20:52revision classes for Math and Reasoning
1:20:54too. And take them for Math and
1:20:55Reasoning. You'll have the kids'
1:20:57blessings and you'll get married soon.
1:20:59Oh. Tell me the truth. Are you serious?
1:21:15Look, many people have said these
1:21:18things to me before. I have fulfilled
1:21:20their wishes. But I didn't get married,
1:21:22though. So I've lost faith in these
1:21:25things now. Okay? So don't say all
1:21:27these things to me. There will be a
1:21:29class tomorrow. What do you mean by no
1:21:31class tomorrow? There will be a class
1:21:32tomorrow. Okay? We will start a new
1:21:34subject from Monday. Thank you everyone
1:21:36. Thank you.

About this transcript

This page contains the full transcript of RRB NTPC GRAD & UG | PYQ SERIES | POLITY | LEC : 5 | PARMAR SIR by PARMAR RAILWAY, generated from the public captions YouTube serves with the video. The transcript has 13,953 words across 2,156 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

What you can do with it

Use the transcript to take notes, quote the speaker, build a study guide, generate a summary with ChatGPT or Claude via the YouTube Summary tool, or export it as a timed subtitle file with YouTube to SRT. You can also re-open it in the transcriber to translate the transcript into 100+ languages.

Free YouTube transcript tool

YouTube2Text is a free YouTube transcript generator — no signup, no daily limit. Paste any YouTube link and get the full transcript instantly, with timestamps, click-to-jump, translation to 100+ languages, AI prompts for ChatGPT, Claude, and Gemini, and exports to TXT, SRT, VTT, or Markdown.