ZION IAS Institute

Submission of Resignations

Appointment---- Submits Resignation to
1.President------ Vice President
2.Vice President---- President
3.Prime Minister ----President

4.Judge of Supreme Court ----President
5.Governor----- President

6.Judge of High Court---- President
7.Speaker of Lok Sabha---- Deputy Speaker of Lok Sabha

8.Deputy Speaker of Lok Sabha---- Speaker of Lok Sabha

9.Deputy Chairman of Council of States---- Chairman

10.Member of house of Parliament--- Chairman of upper house or the Speaker of Lower House.

11. Speaker of Assembly Deputy----- Speaker of Assembly

12.Deputy Speaker of Assembly----- Speaker of Assembly

13.Chairman of Legislative Council of States -----Deputy Chairman

14.Deputy Chairman of Legislative Council of States -----Chairman

15.A member of Public Service Commission (Union Commission or Joint Commission)------ President.

16.A member of Public Service Commission (State Commission)----- Governor of the State.

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Indian Polity BASIC TERMS
1. State
The state is a political association that established sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions.
2. Government
Government includes any mechanism through which ordered rule is maintained. Thus, the core functions of government are to make law interpret law (adjudication).
3. Republicanism
The principle that political authority ultimately stems from the consent of the people. The rejection of manchical and dynastic principles.
4. Liberal Democracy
It is a form of democratic rule which is based on constitutional government and guarantees civil liberties and individual rights.
5. Westminster Model of Government
It is system of government is which the executive is drawn from and accountable to the elected parliament. Indian parliamentary system is based on west minister model.
6. Doctrine of necessity
It states that even though there is a reasonable ground to suspect that public authority may be biased. Still the authority may exercise its power only to break a stalemate.
7. Doctrine of progressive Interpretation
Under this doctrine, the Courts interpret the provisions of the constitution in the light of the social, economic and legal conditions prevailing at that point of time.
8. Doctrine of prospective Overruling
It is based on the premise that, judicial invalidation or new view of interpretation of law will not affect the past transactions or vested rights bus will be effective as regards to future transactions only.
9. Doctrine of Empirical adjudication
While excise the power of judicial review, the Courts ar3e not supposed to deal with hypothetical cases and therefore it is necessity that, the matter brought before a Court must be of a Concrete nature. The Court Seeks to confine. It-s decision, as far as practicable. Within the narrow limits of the controversy between the parties concerned in  particular case.
10. Doctrine of pith and substance
If there is a dispute upon the legislative sphere between the Centre and State. The supreme Court applies doctrine of pith and substance. If it is found that, the law in substance is within the subjects assigned to that legislature and the intention of the law is genuine. The law shall be valid in it s entity, even though there is overlapping.
11. Doctrine of colorable Legislation
In a Federal Government. The transgression of it’s limits of power by  legislature may be either overt and direct or convert and indirect. When the legislation is indirect and covert. It is called Colorable Legislation, In this case, applying the Doctrine of Colorable Legislation. The Court can invalidate the entire law.
12. Doctrine of Classification
Although Article 14 forbids class classification. It does not forbid reasonable classification for the purpose of legislation. It is called Doctrine of Classification.
13. Doctrine of Eclipse
As per Art. 13 (1) of the Constitution. All laws enforced in India immediately before the commencement of the constitution. In so far as they are inconsistent with any or all the Fundamental rights, shall be void to the extent of such inconsistency. This is called Doctrine of Eclipse.
14. Power of Eminent Domain
It indicates the legal capacity of the state to take over private property for public purposes by means of law. It is regarded as an essential attribute of sovereignty.
15. Rule of Severability
It states that. It is not the whole act that should be held inoperative but only such previsions of the act that are violation of constitutional provisions are to be held inoperative.

ANSWER THE FOLLOWING QUESTIONS
1. What was the important reason for the fall of Vijayanagar Empire ?
(a) Unity among the Muslim rulers
(b) Internal instability and weakness of Princes
(c) Moplah’s rebellion
(d) Economic bankruptcy

2. “Inquilab Zindabad” slogan was given by

(a) Chandra Shekhar Azad
(b) Subhash Chandra Bose
(c) Bhagat Singh
(d) Iqbal

3. “Red Shirts” movement aimed at

(a) To throw out Britishers from India
(b) To promote Communist organisational activities
(c) To promote trade union activities
(d) All of the above

CAVES
Ajanta Caves (WHS) - Aurangabad, Maharashtra
Amarnath Cave - Anantnag, Kashmir
Elephanta Caves (WHS) --Mumbai, Maharashtra
Ellora Caves (WHS) --Aurangabad, Maharashtra
Bhimbhetka Rock Shelters (WHS)-- Raisen, M.P.
Badami Caves --Bagalkot, Karnataka
Borra Caves --Visakhapatnam, A.P.
Udayagiri and Khandagiri Caves-- Bhubaneshwar, odissa.

Udaygiri Caves -- Vidisha, M.P.

Sonbhandar Caves --Rajgir, Bihar
Kutumsar Caves-- Bastar, Chhattisgarh
Pandu Leni Caves --Nasik, Maharashtra
Gates

Gate Location

Gateway of India --Mumbai
India Gate --New Delhi
Buland Darwaza --Fatehpur Sikri
Rumi Darwaza-- Lucknow

Towers/Minars Location

Charminar --Hyderabad
Kirti Stambha-- (Tower of Fame) Chittorgarh
Jai Stambha (Tower of Victory)-- Chittorgarh
Qutab Minar --Delhi
Shaking Minarets Sidi Bashir Mosque,-- Ahmedabad
Jinnah Tower --Guntur, Andhra Pradesh

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what is BIOTIN?

WHAT IS NCS ?

QUESTION . WHAT IS PROJECT Neha.

QUESTION AND ANSWER FOR IAS MAINS ON Fundamental Right
Background – Since days of independence the demand for basic rights was a major component of freedom fighters. The home rule movement of Annie Besant demanded that type of monarchy in which peoples have freedom of speech and expression, right of privacy, right to property, equality before law and personal freedom is provided to all individuals without any discrimination. Indian national Congress in its Mumbai session demanded that the British Indian citizen should also get freedom of speech, equality before law and freedom of press. Indian national congress in its Madras session (1927) demanded fundamental rights, especially rights related with protection of interests of minority community. The Nehru report of 1928 also included fundamental rights in its recommendation however the Indian constitution commission denied including fundamental rights in it reports. The Indian national congress in its Karachi session (1931) demanded written guarantee from British Govt. for basic rights. Article 295 of the Govt. of India Act 1935 provided some protection to very few rights for British Indian citizens.

What are Fundamental Rights?

 Fundamental Rights are those Rights which are mentioned under Part III of the Indian Constitution.
 There are certain Rights which are mentioned in the Constitution, but not under Fundamental Rights. Such Rights are called Constitutional Rights (E.g. Right to Vote).
 There are certain Rights which are available to citizens through laws passed by Legislatures (Centre or State). Such Rights are called Statutory Rights. (E.g. Right to Information).

Nature of Fundamental Rights

1. Most of the Rights are Negative Obligations on the State (E.g. Article 14), with certain exceptions (E.g. Article 21A). Negative Obligations means that the State cannot do something that hurts or curtails people’s rights.
2. Majority of Rights mentioned in Part III are enjoyed by citizens against the State.
3. These Rights are Justiciable.
4. Fundamental Rights are not absolute i.e. certain reasonable restrictions can be imposed upon them.
5. Fundamental Rights can be suspended during emergency.
6. Fundamental Rights of people occupying sensitive positions (Armed Forces, Intelligence Agencies etc.) can be restricted or even denied by Parliament by law.
7. Most of the Right are self-executory i.e. the parliament need not make laws to implement these Rights. There are certain exceptions e.g. For Right to Education under Article 21A, a law was required by the parliament.
8. Some of these Rights are available to aliens (Foreigners).
Amendment of Fundamental Rights
 Article 13 (2) states that the state shall not make any laws which take away Fundamental Rights of a citizen. A question arises as to whether the term ‘law’ in Article 13 (2) includes just ordinary laws or Constitutional Amendment Acts also. If Constitutional Amendment Act is not covered under law then the Parliament can amend the Fundamental rights by Amending the Constitution itself.
 The Supreme Court in Shankari Prasad vs. Union of India (1951) case held that Constitutional Amendment Act is not a law and thus Parliament can amend any Fundamental Right by using Constitutional Legislative Power. It gave a similar verdict in Sajjan Singh vs. State of Rajasthan Case (1965) case.
 However, in Golaknath vs. State of Punjab (1967) case the Supreme Court held that Fundamental Rights had been given transcendental position by the Constitution and even Parliament cannot amend Fundamental Rights.
 The 24th Constitutional Amendment Act amended Article 13 and 368 which made it clear that Parliament has the power to amend Fundamental Rights through Constitutional Amendment.
 This was challenged in the Supreme Court in Keshavananda Bharati vs. State of Kerala (1979) case. The Supreme Court upheld the validity of 24th Amendment Act. However, the Supreme Court held that the Parliament’s amendment power is limited and is subject to “Basic Structure” of the Constitution. The Supreme Court has not explicitly defined the term “Basic Structure”. However, in various judgments, the Supreme Court has held that the following concepts form a part of Basic Structure: -
• Supremacy of the Constitution
• Secular character of the Constitution
• Federalism
• Separation of Powers
• Power of Judicial Review
• The mandate to build a welfare state

Classification of Fundamental Rights
 Right to Equality (Article 14 to 18)
 Right to Freedom (Article 19 to 22)
 Right against Exploitation (Article 23 to 24)
 Right to Freedom of Religion (Article 25 to 28)
 Cultural and Educational Right (Article 29 to 30)
 Right to Constitutional Remedies (Article 32)

 RIGHT TO EQUALITY-- Foremost among the fundamental rights guaranteed by the constitution of India is the right to equality. Articles 14-18, state and elaborate the Right to Equality in India.
Art 14 states that “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
The two phrases—(a) equality before the law and (b) equal protection of the law do not mean exactly the same thing. The former is negative in content implying absence of special privilege in favor of any section of the people or any individual. Equal protection of the law is positive in content. It implies equality of treatment in equal circumstances.
Again “equality before the law” implies that all are equal in the eyes of law and from the highest to the humblest, all will be tried by the same law and will be given the same punishment for same crime.

The constitution stipulates three exceptions:
1. The President of India or, the Governor of a State is not answerable to any court for his official actions.
2. The President or, the Governor is not subject to criminal prosecution during his term of office.
3. Civil suits claiming relief for personal actions cannot be brought against the President or, a Governor when in office.
The phrase “equal protection of the laws” is borrowed from the 14th amendment of the U. S. constitution. It means that like should be treated alike, that none should be favored and none should be discriminated, against. This allows the Parliament to classify persons for the purpose of taxation. The classification should be reasonable. The state may also make some exceptions. Thus the state may exempt charities and trusts from taxation, may impose different rules of tax on different trades or professions and may tax real and personal property in different ways. Equal protection thus ensures equal treatment in equal circumstances and differing treatment in differing circumstances.

Rule of Law
The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called rule of law. Rule of law is the foundation of any democracy. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen.

Article 15 - Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth
15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them.
NOTE: This right is available only to citizens and not aliens. The state cannot discriminate only on the above mentioned grounds but can discriminate on grounds other than these (E.g. Marks in Entrance Exams).
15. (2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
NOTE: The rights under 15 (2) are not only available against a state but also against other citizens as shops, restaurants etc. can be owned by state or can be a private property.
15. (3) Nothing in this article shall prevent the State from making any special provision for women and children.
15. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
NOTE: Article 15 (1) states that no citizen shall be discriminated on the grounds of caste, s*x, religion. But there are special considerations for SC/ST, OBC, Women and Children. Exceptions for these categories are mentioned in Clause 2 and 3 of Article 15.
15.(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
NOTE: In order to serve the educationally and socially backward classes, the state asked the private education institutions also to reserve seats for the backward classes. Private institutions objected to it, stating it would amount to violation of right under Article 19 (1) g. The Parliament, by amending the constitution in 2005, added Clause 15 (5). According to this, it is mandatory to reserve seats for backward classes also even in private institutions whether aided or unaided, by law. The only exception is educational institutions run by minority communities. A law was enacted in this effect called Central Educational Institutions Reservation in Admission Act 2006. This Act was challenged in the Supreme Court, but the Supreme Court upheld the validity of this law.

Vishaka Case
A PIL was filed in Supreme Court by Vishaka and four other women's organizations in Rajasthan against the State of Rajasthan and the Union of India. This case in reference to the Bhanwari Devi’s alleged Gang R**e in 1992 in Rajasthan. Bhanwari Devi's legal battle culminated when the Supreme Court of India in a PIL, defined s*xual harassment at workplace, preventive measures and redress mechanism. Vishaka Guidelines against Sexual Harassment at Workplace Guidelines and norms were laid down by the Hon’ble Supreme Court in Vishaka and Others vs. State of Rajasthan and Others.

 Equality of Opportunity in matters of Public Employment (Art. 16):-

Art. 16 guarantees equality of opportunity in matters of public employment. The article states that:
1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. The article also forbids discrimination on grounds only of religion, race, caste, s*x, descent, and place of birth or any of them in matters of public employment. There are five exceptions to prohibition of discrimination under Art. 16. (I). The Parliament may lay down residence qualification for some appointments in states.
2. The state may reserve some appointments for backward classes if they are not adequately represented in the state services.
3. Offices in the religious institutions may be kept reserved for the followers of the religion concerned.
4. Posts in the state services may be kept reserved for the scheduled castes and tribes.
5. Finally Art. 16 forbid discrimination in matters of state employment only on the grounds stated in the article itself. It does not forbid preferential treatment on other grounds such as efficiency or mercy.

 Abolition of Untouchability (Art. 17)

Art. 17 of the constitution states states that - “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
The Constitution abolishes untouchability and its practice in any form is forbidden. The following actions are considered as offences when committed on the grounds of untouchability:-
 Refusing admission to any person to the public institutions;
 Preventing any person from worshipping in place of public worship;
 Insulting a member of Scheduled Caste on the grounds of untouchability;
 Preaching untouchability directly or indirectly.

Punishments for violations include minimum jail sentence of 6 months and/or fine, or the person can be permanently debarred from contesting any elections in the country. According to the Article, punishment has to be in accordance with law. Parliament, for this purpose, enacted ‘The Untouchability offences Act, 1955’. This was renamed as ‘The Civil Rights Protection Act’ in 1976. If a case of untouchability is brought before the court, the court will act on the assumption of guilt (unlike other cases where assumption is innocent until proven guilty).

 Abolition of Titles (Art. 18)

Art. 18 forbids titles except military or academic distinctions. Title from foreign governments such as knighthood is forbidden. However honors conferred by the government of India such as Bharat Ratna or Padmashri etc. are not titles but are only recognition of meritorious services. Right to equality in all its forms are available to Indian constitutional remedies against the violation of fundamental right to equality.

 Right to Freedom (Art.19-22)

Article 19 - These rights are enjoyed only by citizens. It confers six democratic rights as they are deemed essential for the healthy functioning of a democracy. Originally the constitution included 7 Democratic Rights. By 44th Amendment Act 1978, the Right to property was removed from the list. These rights are enjoyed by the citizen, but they are not absolute rights and each of them is liable to be curtailed by the State. The Constitution guarantees the following six Fundamental Freedoms at present:
1. Freedom of speech and expression,
2. Freedom to assemble peacefully without arms,
3. Freedom to form associations or unions,
4. Freedom to move freely throughout the territory of India,
5. Freedom to reside and settle in any part of the territory of India ,
6. Freedom to practice any profession or to carry on any occupation, trade or business.

The Six Fundamental Freedom can be curtailed by putting following restrictions:
(i) In the interest of sovereignty and integrity of India.
(ii) In the maintenance of public order, morality and decency.
(iii) In maintenance of friendly relations with Foreign State.
(iv) In the interest of the promotion of well being of the backward section of citizens and also the weaker sections of Society.
(v) In the interest of any Scheduled Tribe.

Freedom of speech and expression is an important freedom. This freedom ensures free and frank speech, discussion and exchange of opinions. It includes the freedom of the press. However these freedoms like freedom of speech and expression are not absolute. The state is empowered to impose reasonable restrictions on the exercise of this right in the interest of security of the state, public order, morality etc.
Concept of Inferred Rights: Article 19 (1) (a) gives the right to Freedom of speech and expression. This also means that a person can stay silent if he wishes to. This can be inferred from Article 19 (1) (a). Hence, there are rights in the constitution which can be inferred from the given rights. This is Concept of Inferred Rights.
Explaining the scope of freedom of speech and expression, the Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audio visual instrumentalities. It therefore includes the right to propagate one's views through the print media or through any other communication channel e.g. the radio and the television. Every citizen of this country therefore has the right to air his or their views through the printing and or the electronic media subject of course to permissible restrictions imposed under Article 19(2) of the Constitution.
 Freedom of Press: The fundamental right of the freedom of press implicit in the right the freedom of speech and expression is essential for the political liberty and proper functioning of democracy. The Indian Press Commission says that "Democracy can thrive not only under the vigilant eye of legislature, but also under the care and guidance of public opinion and the press is par excellence, the vehicle through which opinion can become articulate." Unlike the American Constitution, Art. 19(1) (a) of the Indian Constitution does not expressly mention the liberty of the press but it has been held that liberty of the press is included in the freedom of speech and expression. The editor of a press for the manager is merely exercising the right of the expression, and therefore, no special mention is necessary of the freedom of the press. Freedom of press is the heart of social and political in*******se. It is the primary duty of the courts to uphold the freedom of press and invalidate all laws or administrative actions, which interfere with it contrary to the constitutional mandate.

Indian AGRICULTURE