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What must be constituted in every State regarding Panchayats?
Panchayats shall be constituted in every State at the village, intermediate, and district levels according to this Part.
Under what condition may Panchayats at the intermediate level not be constituted?
They may not be constituted in a State having a population that exceeds twenty lakhs.
What can the Legislature of a State do regarding the composition of Panchayats?
The Legislature of a State may, by law, make provisions with respect to the composition of Panchayats.
How must all seats in a Panchayat be filled?
All seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies within the Panchayat area.
What is required regarding reservations for Scheduled Castes and Scheduled Tribes in Panchayats?
Seats must be reserved for Scheduled Castes and Scheduled Tribes, with the proportion being nearly the same as their population bears to the total population of that area.
What is the duration of every Panchayat unless it is sooner dissolved?
Every Panchayat shall continue for five years from the date appointed for its first meeting and no longer.
Who is responsible for the superintendence, direction, and control of all elections to the Panchayats?
This superintendence, direction, and control shall be vested in a State Election Commission consisting of a State Election Commissioner appointed by the Governor.
What must the Governor of a State do when requested by the State Election Commission?
The Governor shall make available to the State Election Commission such staff as may be necessary for the discharge of its functions.
What can the Legislature of a State do regarding elections to the Panchayats?
By law, the Legislature of a State may make provision with respect to all matters relating to or in connection with elections to the Panchayats.
How are references to the Governor of a State handled when applying this Part to Union territories?
References to the Governor of a State are treated as references to the Administrator of the Union territory appointed under article 239.
What is one area to which nothing in this Part shall apply, according to Article 243M?
Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1) or the tribal areas referred to in clause (2) of article 244.
What must be done if a State's Legislative Assembly passes a resolution regarding the extension of this part?
The Legislature of a State may, by law, extend this part to that State if its Legislative Assembly passes a resolution with a specified majority.
What must continue in force for Panchayats existing immediately before the commencement of the Seventy-third Amendment Act, 1992?
Such Panchayats shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement.
What is a 'Metropolitan area' defined as in this Part?
A Metropolitan area means an area with a population of ten lakhs or more, comprising one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas specified by the Governor.
What are the three types of municipalities that shall be constituted in every State?
A Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area, and a Municipal Corporation for a larger urban area must be constituted.
What is one way the Legislature of a State may provide for representation in a Municipality?
The Legislature may provide for the representation of persons having special knowledge or experience in Municipal administration, or members of specific legislative bodies.
How long shall every Municipality continue unless sooner dissolved under any law?
Every Municipality shall continue for five years from the date appointed for its first meeting and no longer.
What must the Governor cause to be laid before the Legislature of the State regarding recommendations from the Finance Commission?
The Governor shall cause every recommendation made by the Commission, along with an explanatory memorandum on the action taken thereon, to be laid before the Legislature of the State.
What power does a State Legislature have concerning the accounts and auditing of Municipalities?
A State Legislature may make provisions regarding the maintenance of accounts by the Municipalities and the auditing of such accounts.
Where is the superintendence, direction, and control of electoral rolls for Municipalities vested?
This superintendence is vested in the State Election Commission referred to in article 243K.
What must be done if a provision of this Part applies to a Union territory?
The provisions shall have effect as if references to the Governor of a State are references to the Administrator of the Union territory appointed under article 239.
What is one thing that District Planning Committees must have regard in preparing a draft development plan?
They must have regard to matters of common interest between the Panchayats and the Municipalities, such as spatial planning and sharing of resources.
Who receives the development plan prepared by a Metropolitan Planning Committee?
The Chairperson of every Metropolitan Planning Committee shall forward the development plan to the Government of the State.
What is the consequence if any law relating to delimitation of constituencies under article 243ZA is challenged in court?
The validity of such a law shall not be called in question in any court.
Under what condition can Parliament make laws for the whole or any part of the territory of India?
Parliament may make laws for the whole or any part of the territory of India, subject to the provisions of this Constitution.
What power does Parliament have regarding matters not enumerated in the Concurrent List or State List?
Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
What is the role of the Council of States concerning the necessity for Parliament to legislate on a State List matter?
The Council of States must declare by resolution, supported by at least two-thirds of members present and voting, that it is necessary or expedient in the national interest.
What can Parliament do regarding matters in the State List if a Proclamation of Emergency is active?
Parliament has the power to make laws for the whole or any part of the territory of India concerning any matter enumerated in the State List.
How long must a resolution passed under clause (1) remain in force if it relates to matters where Parliament can legislate?
A resolution passed under clause (1) shall remain in force for a period not exceeding one year as specified therein.
What happens to a law made by Parliament that was only necessary due to a resolution under clause (1)?
It ceases to have effect to the extent of the incompetency after six months following the cessation of the resolution, unless concerning things done or omitted before that period.
What is the consequence if a State's law is repugnant to a law made by Parliament under articles 249 or 250?
The law made by Parliament shall prevail, and the State's law will be inoperative to the extent of the repugnancy as long as the Parliamentary law remains effective.
Under what conditions can Parliament pass an Act for a matter that is normally outside its power but concerns two or more States?
This requires resolutions to such effect being passed by all the Houses of the Legislatures of those states.
What must be done regarding any Act passed by Parliament under articles 249 and 250 concerning a State's law?
The Parliamentary act may not be amended or repealed by an Act of the Legislature of that specific state.
What power does Parliament have regarding international agreements, treaties, or conventions?
Parliament has the power to make any law for the whole or any part of India to implement such agreements or decisions.
Inconsistency between a State's Concurrent List law and a Parliamentary law can result in what regarding the State's law?
The State's law shall be void to the extent of the repugnancy, provided it is inconsistent with a Parliamentary or existing law on that matter.
What must be given throughout the territory of India concerning public acts, records, and judicial proceedings?
Full faith and credit shall be given to the public acts, records, and judicial proceedings of the Union and every State.
Who can establish a Council to advise on disputes or investigate common interests between States if the President deems it necessary?
The President may, by order, establish such a Council after determining that public interests would be served by its duties.
What is the Consolidated Fund of India formed from?
It is formed from all moneys received by that Government in repayment of loans, ways and means advances, and all revenues received by the Government.
What does the Consolidated Fund of the State consist of?
It consists of all revenues received by the Government of a State, along with moneys from repayments of loans, loans raised by the state, or ways and means advances.
Under what conditions can money from the Consolidated Fund of India be appropriated?
It can only be appropriated in accordance with law and for the purposes and manner provided in the Constitution.
What is established by Parliament to meet unforeseen expenditure pending authorization?
Parliament may establish a Contingency Fund of India, which is an imprest placed at the disposal of the President.
Who has the power to make advances from the Contingency Fund of India?
The President can make advances from the Contingency Fund of India.
What must a State's Legislature establish for unforeseen expenditure pending authorization?
It must establish a Contingency Fund of the State, which is an imprest placed at the disposal of the Governor.
When are stamp duties and excise on medicinal and toilet preparations levied by the Government of India collected by the States?
They are collected by the States in cases where such duties are leviable within any State, but not within a Union territory.
What is assigned to the States from taxes on the sale or purchase of goods and consignment of goods?
These taxes, levied and collected by the Government of India, shall be assigned to the States on or after April 1, 1996.
What is a surcharge on duties or taxes referred to in articles 268 and 269?
Parliament may increase any of those duties or taxes by a surcharge for the purposes of the Union, and all proceeds of such a surcharge form part of the Consolidated Fund of India.
What is required before introducing a Bill that imposes tax in which States are interested?
Such a bill must be introduced or moved in either House of Parliament only on the recommendation of the President.
What must be done if taxes or duties mentioned in the Union List are to continue being levied?
They must continue to be levied and applied to the same purposes until Parliament makes provision to the contrary by law.
What does 'net proceeds' mean in relation to any tax or duty?
It means the proceeds of that tax or duty reduced by the cost of collection.
Who must ascertain and certify the net proceeds of a tax or duty?
The Comptroller and Auditor-General of India must do so, and their certificate is final.
What can a law made by Parliament or an order of the President provide for regarding assigned tax proceeds?
It can provide for how the proceeds are to be calculated, payment methods, adjustments between financial years, and other incidental matters.
When must the President constitute a Finance Commission?
The President must do so within two years from the commencement of this Constitution and subsequently at the expiration of every fifth year or sooner as deemed necessary.
What is one duty of the Finance Commission regarding taxes?
It must make recommendations on the distribution between the Union and the States of net proceeds of taxes that are to be divided.
What must the President do with every recommendation made by the Finance Commission?
The President must cause it, along with an explanatory memorandum regarding action taken, to be laid before each House of Parliament.
What is a restriction on State laws concerning the sale or purchase of goods outside the State?
A State law shall not impose a tax on such a sale or purchase.
What must be done regarding the custody of the Consolidated Fund of India and the Contingency Fund of India?
These matters must be regulated by law made by Parliament, and until so provided, by rules made by the President.
How is the property and income of a State treated regarding Union taxation?
The property and income of a State are exempt from Union taxation, save where Parliament may otherwise provide.
Under what conditions can India borrow within its territory?
India may borrow upon the security of the Consolidated Fund of the State or by giving guarantees within specified limits.
What must be charged on the Consolidated Fund of India for loans made by the Government of India to a State?
Any sums required for making such loans shall be charged on the Consolidated Fund of India, provided limits under article 292 are not exceeded.
When may a State not raise a loan without consent from the Government of India?
A State may not raise a loan if there is outstanding a part of a loan made by or a guarantee given by the Government of India to that State.
What must be expressed in all contracts made in the exercise of the executive power of the Union?
All such contracts must be expressed to be made by the President, or by the Governor of the State as directed.
Who is not personally liable regarding a contract made for the purposes of this Constitution?
Neither the President nor the Governor shall be personally liable in respect of any such contract or assurance.
What must all lands and minerals underlying the ocean within India's territorial waters vest in?
All such things shall vest in the Union and be held for the purposes of the Union.
Who shall be sued by the name of a State regarding its affairs?
A State may sue or be sued by the name of the State, subject to any provisions made by Act of Parliament or the Legislature of that State.
What is the general principle regarding trade, commerce, and intercourse throughout the territory of India?
Trade, commerce, and intercourse throughout the territory of India shall be free, subject to other provisions of this Part.
What can Parliament do regarding restrictions on trade between states or within India?
Parliament may by law impose such restrictions as may be required in the public interest.
Who holds office during the pleasure of the Governor for a civil service member of a State?
Every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of that State.
What can be provided for if a contract under which a person is appointed to a post is abolished or the person is required to vacate the post without misconduct?
The President or Governor may provide compensation to the person.
Who must dismiss or remove a civil service member of the Union or a State?
A subordinate authority to that by which the person was appointed cannot do this.
What is required before a civil service member can be dismissed, removed, or reduced in rank?
They must undergo an inquiry where they are informed of charges and given a reasonable opportunity to be heard.
Under what circumstances may the penalty imposed on a person during an inquiry not require a representation opportunity?
The penalty can be based on evidence adduced during the inquiry.
What are two grounds under which this clause (requiring inquiry) does not apply?
When dismissal is due to conviction in a criminal charge, or when it is not reasonably practicable to hold an inquiry for other reasons.
What must the Council of States declare before Parliament can create all-India services?
The Council of States must declare by resolution supported by at least two-thirds of members present and voting that it is necessary or expedient in the national interest.
Who appoints the Chairman and other members of a Public Service Commission for the Union or a Joint Commission?
The President appoints them.
What is the term of office for a member of a Public Service Commission?
A member holds office for six years from their entry date or until they reach sixty-five years (for Union) or sixty-two years (for State/Joint), whichever is earlier.
Who removes a Chairman or member of a Public Service Commission on the ground of misbehaviour?
The President removes them after the Supreme Court reports that they ought to be removed.
What is one reason the President may remove a member of a Public Service Commission, besides misbehaviour?
If the member is adjudged insolvent or engages in paid employment outside their duties.
What is the consequence if a Commission member is interested in a contract made by the Government?
If a Chairman or any other member of a Public Service Commission is concerned or interested in a government contract, they shall be deemed guilty of misbehaviour.
Who determines the number of members and their service conditions for a Union Commission?
The President may determine the number of members and their conditions of service for the Union Commission.
What is the condition regarding the service conditions of a Public Service Commission member after appointment?
The conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
What employment is the Chairman of the Union Public Service Commission ineligible for after ceasing office?
The Chairman of the Union Public Service Commission shall be ineligible for further employment under the Government of India or under the Government of a State.
Who must be consulted on matters relating to recruitment methods for civil services?
The Union or State Public Service Commissions must be consulted on all matters relating to methods of recruitment to civil services and for civil posts.
What is one duty of the Union and State Public Service Commissions regarding appointments?
It is their duty to conduct examinations for appointments to the services of the Union and the services of the State respectively.
What must the Union Commission present annually to the President?
The Union Commission must present an annual report to the President regarding the work done by the Commission.
What can Parliament provide for under Article 323A?
Parliament may provide for the adjudication or trial by administrative tribunals of disputes and complaints concerning recruitment and service conditions in public services.
What is one matter that an appropriate Legislature may provide for adjudication under Article 323B?
An appropriate Legislature may provide for the adjudication of matters such as levy, assessment, collection, and enforcement of any tax.
Where must the expenses of a Public Service Commission be charged?
The expenses of the Union or State Public Service Commission shall be charged on the Consolidated Fund of India or the Consolidated Fund of the State, respectively.
What is vested in a Commission regarding elections to Parliament and State Legislatures?
The superintendence, direction, and control of the preparation of electoral rolls and the conduct of all such elections are vested in an Election Commission.
Who appoints the Chief Election Commissioner and other Election Commissioners?
The President makes the appointment of the Chief Election Commissioner and other Election Commissioners, subject to any law made by Parliament.
When are Regional Commissioners appointed?
The President may appoint Regional Commissioners after consultation with the Election Commission before certain general elections.
What is a condition of service for the Chief Election Commissioner's removal?
The Chief Election Commissioner cannot be removed except in the same manner and on the same grounds as a Judge of the Supreme Court.
How must the President or Governor assist the Election Commission when requested?
They must make available any necessary staff to the Election Commission or a Regional Commissioner for discharging their functions.
What grounds are prohibited for ineligibility for inclusion in an electoral roll?
No person shall be ineligible based on religion, race, caste, sex, or any combination thereof.
On what basis are elections to the House of the People and State Legislative Assembly held?
They are held on the basis of adult suffrage.
What power does Parliament have regarding elections to either House of Parliament or a State Legislature?
Parliament may make provisions concerning all matters related to these elections, including delimitation of constituencies and electoral rolls.
What is the bar against courts interference in electoral matters according to Article 329(a)?
The validity of any law regarding the delimitation of constituencies or seat allotment under Articles 327 or 328 cannot be called into question in any court.
What is the maximum number of members from the Anglo-Indian community that the President may nominate to the House of the People?
The President may nominate not more than two members of the Anglo-Indian community to the House of the People.
What is the purpose of Article 335?
Article 335 states that the claims of members of Scheduled Castes and Scheduled Tribes must be considered when making appointments to services and posts.
What can be done for relaxation in qualifying marks or reservation in promotion, according to Article 335?
Nothing in Article 335 prevents provisions for relaxation in qualifying marks or lowering standards of evaluation for Scheduled Castes and Tribes.
What was the initial provision regarding appointments for the Anglo-Indian community in railway, customs, postal, and telegraph services?
During the first two years after the Constitution's commencement, appointments for the Anglo-Indian community were made on the same basis as before August 15, 1947.