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Indian Parliament


Indian Parliament History

Part V, Chapter II & III, Articles 79 to 123 deals with the Union Parliament. The Constitution assigns the name Parliament ( Sansad ) to the Union Legislature. It consists of the President and two Houses – Rajya Sabha ( Council of States ) and Lok Sabha ( House of the People ), Thus our Parliament is bicameral The House of the Pfeople represents people on the basts of population and Council of States gives representation to the Constituent States.

The Rajya Sabha is not exclusively the representative of the Constituent units of the Union. It also consists of 12 nominated members which by itself is a departure from the federal principle.

Rajya Sabha ( Council of States )

Rajya Sabha

  • 250 Maximum strength
  • 245 Present strength

245 Present strength – 233 members elected by various Legislative Assemblies, 12 nominated by the President

The Rajya Sabha is the upper house of the Parliament. The Constitution fixes the maximum strength of the Rajya Sabha at 250. Twelve are nominated by the President to represent literature, science, art and social services and not more than 238 members represent the States and the Union Territories. The representatives of a State are elected by the elected members of its Legislative Assembly in accordance with the system of proportional representation by means of single transferable vote. The method of election is thus indirect. In the case of Union Territories members are chosen in such a manner as the Parliament may, by law, determine.

The Rajya Sabha is a continuous body and is not subject to dissolution, one third of its members retiring after every two years.

Qualification for Members : To be qualified, a candidate for election to the Rajya Sabha must be ( a ) a citizen of India ( b ) not less than thirty years of age and ( c ) possess such other qualifications as may be prescribed by Parliament.General Studies Question Bank CD

By Representation of the Peoples Act, 1951, a candidate for election to the Rajya Sabha must be a Parliamentary elector in the State from which he seeks election. The Vice – President of India is the ex – officer Chairman of the Rajya Sabha. But he is not a member of the Rajya Sabha, He has no right to vote except in the event of a tie. The Rajya Sabha elects a Deputy Chairman from among its own members who presides in the absence of the Chairman or during any period when the Vice – President may be removed by the resolution of the Rajya Sabha. The Deputy Chairman may also be removed by a resolution of the House supported by an absolute majority of the total membership.

Functions of the Rajya Sabha : In the process of law – making the Lok Sabha alone cannot do anything. All bills, except money bills can originate in either House of Parliament, In case of disagreement, the President is empowered to summon both Rajya Sabha and Lok Sabha in a joint sitting for deliberation and voting on the Bill. But at the joint sitting the will of the Lok Sabha is bound to prevail on account of its numerical strength. Regarding money Bills, Rajya Sabha practically has no power. The Constituent function of the Rajya Sabha is equally important.

A bill to amend the Constitution may originate in either House of the Parliament. And this bill must be passed by both the Houses of Parliament with requisite majority. The Rajya Sabha has a share in the election of the President and the Vice – President and in their removal from office. A judge of the Supreme Court or a High Court may be removed for proven misbehavior or incapacity on the address passed by both Houses of Parliament supported by requisite majorities. The approval of both the Rajya Sabha and Lok Sabha, is necessary for the continuance of the proclamation of Emergency beyond a period of two months.

Special Powers of Rajya Sabha

Special powers of Rajya Sabha are in the form of initiating certain resolutions or bills.

Articles 67, 249, 312 give special powers to the Rajya Sabha.

  • Article 67 : A resolution seeking the removal of Vice – President can originate only in the Rajya Sabha.
  • Article 249 : Any resolution seeking creation of one or more All India Services including All India Judicial Services can only be initiated from the Rajya Sabha.
  • Article 312 : A resolution seeking legislation on any subject of the State List can only originate in the Rajya Sabha.

Lok Sabha ( House of the People )

The Lok Sabha is the Lower House of Parliament. Maximum strength of the House envisaged by the Constitution is now 552 ( 530 members to represent the States, 20 to represent the Union Territories, and the President may, if he is of the opinion that the Anglo – Indian community is not adequately represented, nominate 2 members of that community ).

Lok Sabha – 552 Maximum strength

552 Maximum Strength General Studies Question Bank CD

  • 530 Chosen by direct election
  • 20 representatives of UTs
  • 2 nominated Anglo – Indians

545 Present Strength

  • 530 chosan by direct election
  • 13 representatives of UTs
  • 2 nominated Anglo – Indians

Qualifications for Membership : A candidate for the membership of the Lok Sabha must be ( a ) a citizen of India ( b ) not less than twenty – five years of age and ( c ) possess such other qualifications as may be prescribed by Parliament, by law.

A person is disqualified to be chosen or to remain as a member of either House ( a ) if he holds any office of profit under the Union or the State other than an office declared by Parliament or the State Legislature not as disqualifying its holder ( b ) if he is declared unsound in mind by a competent court ( c ) if he is an undischarged insolvent ( d ) if he is not a citizen of India or has voluntarily accepted the citizenship of a foreign state or is under acknowledgment of allegiance or adherence to a foreign state and ( e ) if he is so disqualified by or under any law made by the Parliament. A member who has been absent without permission for sixty days may be disqualified to remain a member of the House and his seat is declared vacant.

Duration of the House : The Lok Sabha has a life of five years, unless sooner dissolved. But while a proclamation of Emergency is in operation the life of the House may be extended by the law of Parliament for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the proclamation has ceased to operate. The strength of the Lok Sabha is 545 consisting of 530 elected members from the states and 13 elected members from the Union Territories and the remaining 2 appointed by the President.

Leader of the Opposition :

Lok Sabha

  • There was no provision for the leader of the opposition in the original constitution.
  • This was created and given a cabinet rank by an Act of the Parliament.
  • The party ( other than from the ruling side ) with the largest number of the Members in the Parliament, having at least one – tenth of the strength of the Lok Sabha, is recognized as the Opposition Party.
  • The first leader of the opposition was Mr. YB.Chavan.

Functions of the Lok Sabha : Any Bill including money bill can originate in the Lok Sabha. The demands for grants are not submitted to the Rajya Sabha. The sanctioning of expenditure is the exclusive privilege of the Lok Sabha. The elected members of both Houses of Parliament form part of the Electoral College for the election of the President. The Lok Sabha enjoys equal power with the Rajya Sabha in the election of the Vice – President of India. The important function is that the Lok Sabha controls the executive.

The Constitution makes the Council of Ministers collectively responsible to the Lok Sabha. The constituent functions of the Lok Sabha are the same as those of the Rajya Sabha. ( Refer to Rajya Sabha ). The Parliament has the power to remove the judges of the Supreme Court, those of the High Courts, the Chief Election Commissioner, Comptroller and Auditor General, and the members of the Union Public Service Commission. Any of the two houses can prefer the charge for the impeachment of the President. The resolution to remove the Vice-President of India, passed by the Rajya Sabha must be ratified by the Lok Sabha.

The approval of the Lok Sabha along with the Rajya Sabha is necessary for the continuance of various proclamations of Emergency issued by the President. The reports of the Union Public Service Commission, the Comptroller and Auditor General, the Scheduled Castes and Tribes Commission, the Finance Commission are placed before both the Houses for their consideration.


The Speaker of Lok Sabha is elected by its members to preside over its sittings and conduct the proceedings. The Speaker vacates his office and ceases to be member of the House when he resigns at any time or he may be removed by a resolution by the majority of the members after giving 14 days notice. The Speaker does not vacate his office on the dissolution of the Lok Sabha. He continues in office until the next elected House meets.

The Constitution also provides for the office of the Deputy – Speaker and he performs the duties of the Speaker when the latter is absent or while the office of the Speaker is vacant. The Constitution gives to the Speaker only a casting vote in the case of a tie.General Studies Question Bank CD

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William GopallawaSri Lanka1976 - 1978
Junius Richard JayawardeneSri Lanka1978 - 1979
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Robert MugabeZimbabwe1986 - 1989
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Stjepan ( Stipe ) MesicYugoslavia1991
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Ernesto Samper PizanoColombia1995 - 1998
Andres Pastrana ArangoColombia1998
Nelson MandelaSouth Africa1998 - 1999
Thabo MbekiSouth Africa1999 - 2003
Mahathir bin MohammadMalaysia2003
Abdullah Ahmad Badawi Malaysia2003 -2006
Fidel CastroCuba2006 - 2008
Raul CastroCuba2008 - 2009
Hosni MubarakEgypt2009 - 2011

Amending Powers of the Parliament

Speaker Pro – Term

  • As soon as the new Lok Sabha is constituted, the President appoints a Speaker Pro-term who is generally the senior – most Member ( seniority in terms of number of years he / she served as a member ) of the House.
  • In case two Members are equally qualified, weightage is given to the Member’s age. His functions include administering oath to the Lok Sabha Members and presiding over the election of a new Speaker.
  • The office of the Speaker Pro – term sinks as soon as the Speaker is elected.

The Indian Constitution can be characterised as partly flexible and partly rigid. It is said that Indian Constitution strikes a good balance between extreme rigidity and too much flexibility.

The Constitution of India prescribes three different methods for Amendment of the different provisions of the Constitution ( See Article 368 ).

1) Some parts of the Constitution can be amended by a simple majority in both Houses of Parliament. It must however be pointed out that there are a very few provisions which allow alterations by simple majority. By this, new states may be created and abolished. The provisions for the administration of Scheduled Areas and Scheduled Tribes may be altered. But these matters will not be treated as Amendments for the purpose of the Article 368.

2) Certain specified subjects as Amendments affecting the method of electing the President, the extent of the Executive and Legislative powers of the Union or the States, the representation of the States in Parliament and the method of Amending the Constitution requires ( a ) a majority of the total membership in each House of Parliament; ( b ) a majority of not less than two thirds of the members present and voting in each House of the Parliament and ( c ) ratification by the Legislatures of one half of States.

3) The remaining provisions of the Constitution can be amended by

  • A majority of the total membership in each House of the Parliament and
  • A majority of not less than two – thirds of the members present and voting in each House of the Parliament.

General Studies Question Bank CD
The Supreme Court

The Supreme Court is the highest judicial organ in India. Situated in Delhi, it consists of one Chief Justice and Twenty Five other judges. There is no maximum number for Judges fixed by the Constitution. The number can be raised by an Act of Parliament. The Constitution says that no case involving a substantial question of law as to the interpretation of the Constitution or a reference under Article 143 shall be decided by less than five Judges.

Qualifications for Appointment of a Judge : A candidate for the appointment as a Judge of the Supreme Court shall not be qualified unless he is a citizen of India, and ( a ) has been for atleast five years a Judge of a High Court or of two or more such courts in succession or ( b ) has been for atleast ten years an advocate of a High Court or of two or more such courts in succession and ( c ) is in the opinion of the President a distinguished Jurist.

Every Judge of the Supreme Court is appointed by the President. A Judge holds the office until he attains the age of 65. He may resign from his office. He may be removed from his office after an address for removed is presented to the President by each House of Parliament. Such an address should be supported by a majority of not less than two – thirds of the members of that House present and voting in the same session. Removal can take place only on the ground of misbehaviour or incapacity investigated and proved in accordance with the Parliamentary procedure.

Powers of the Supreme Court : Constitution of India, vests the Supreme Court with the original and exclusive jurisdiction in any dispute ( a ) between the Government of India on one side and one or more States on the other side; or ( b ) between two or more States which involves a legal right. The Supreme Court is vested with special jurisdiction and responsibility in the matter of enforcement of Fundamental Rights.

The Supreme Court is the final appellate tribunal in the country. An appeal can be made in civil, criminal or other proceedings in which a Constitutional question is involved. The Supreme Court has advisory jurisdiction under which the President can refer any question of public importance.

The State Execute – Governor

The Governor of a State is appointed by the President. His term of office is five years. He is removable from office at any time by the same authority.

Qualifications for Appointment as Governor : A Governor must be a citizen of India and must have completed the age of thirty – five years. He shall not be a member of either House of Parliament or of a House of the Legislature of any State. He shall not hold any other office of profit.

Powers and Functions of the Governor : The powers of the Governor can be conveniently divided into ( a ) Executive powers ( b ) Legislative powers ( c ) Financial powers and ( d ) Judicial powers.

The executive power of the State is vested with the Governor. AH executive actions are expressed to be taken in the name of the Governor. The Governor appoints a Council of Ministers with the Chief Minister as the Head to aid and advise him in the exercise of his functions except in matters where the Governor acts in discretion. The discretionary power exercised by the Governor under Article 193 is unique, as the President has no discretionary power.

He receives advice from the Council of Ministers. But his discretion either to accept or reject them is final. The advice tendered by the Council of Ministers cannot be questioned in a Court of law. It is the duty of the Chief Minister to keep the Governor informed of all the decisions of the Council of Ministers relating to administration of – the affairs of the State and proposals for legislation. The Governor appoints the Advocate General of the State, the members of the State Public Service Commission, and Judges of High Court. The Ministers hold office during the pleasure of the Governor.

The sphere of the legislative powers of the Governor is wide. He is the part of the State Legislature. He can summon, prorogue any or both Houses of the State Legislature and dissolve the Legislative Assembly. He may address the House or both the Houses assembled together. A bill passed by the State Legislature with requisite majority becomes a law only after getting the assent of the Governor. He may assent or withhold or may reserve the bill for the consideration of the President. The Governor can promulgate ordinance during the recess of the Legislature. Ordinances have the same effect as law. The Ordinances so promulgated cease to operate after the expiry of six weeks from the reassembly of the Legislature or earlier.

The financial powers of the Governor resemble those of the President at the Centre. No money bill or other Financial bills can be introduced in the Legislative Assembly except on the recommendations of the Governor. The Governor is empowered to ask for supplementary, additional or excess grants from the Legislature.

The Governor has the power to pardon, commute or suspend sentence of any person convicted of any offence against any law relating to matters to which the executive power of the State extends. But this power is not intended to be used arbitrarily. The Governor receives annual report of the State Public Service Commission. He deals with the report of the Auditor General regarding income and expenditure of the State.

State Council of Ministers

The Constitution provides that there shall be a Council of Ministers with Chief Minister as the head to aid and advise the Governor in the exercise of his functions except in the cases where Governor acts in his own discretion. The Governor appoints the Chief Minister and other Ministers on the advice of the Chief Minister. The Minister holds office during the pleasure of the Governor. The number of Ministers is not fixed. It is for the Chief Minister to determine the size. The Council of ministers are collectively responsible to Legislative Assembly of the State.

The Chief Minister

The Governor can appoint Leader of majority party as Chief Minister. But he / she must be an elected member of the Assembly. But the convention is that the – Governor summons the leader of the majority party and commissions she or he to form the Ministry. The Constitution prescribes that it shall be the duty of the Chief Minister ( a ) to communicate to the Governor all the decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; ( b ) to furnish such other information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for and ( c ) if the Governor so requires to submit the consideration of Minister but which has not been considered by the Council.

{tab=State Legislature}

The State Legislature

The Legislature of a State consists of a Governor and a House or two Houses, as the case may be. The Upper House in the States having bicameral legislature is known as Legislative Assembly ( Vidhan Sabha ).

In the States where there is only one chamber it is the Legislative Assembly. The Constitution provides for the abolition of the Legislative Council in a State which has one or for its creation in a State without one.

The Legislative Assembly ( Vidhan Sabha )

The Legislative Assembly is the popular chamber and the real centre of power in a State. It is composed of members directly elected by the people in territorial constituencies in which the State is divided.

The suffrage is universal, that is every adult citizen of 18 and above irrespective of his race, caste, creed or sex has the right to vote provided he is not otherwise disqualified on the grounds of non – residence, unsoundness of mind, crime or corrupt or illegal practice. It is provided in the Constitution that the maximum strength of a Legislative Assembly must hot exceed 500 and its minimum strength shall not fall below 60. Term of an assembly is five years unless otherwise it is dissolved earlier.

Qualifications for Membership and Functions : Refer to Lok Sabha.

The Legislative Council ( Vidhan Parishad )General Studies Question Bank CD

The minimum strength of the Council is 40 and the maximum is one third of the toted membership of the Legislative Assembly. The election to the council is indirect. The members are elected by proportional representation by means of single transferable vote. A candidate for election to the Legislative Council must be a citizen of India, not less than thirty years of age and should possess such other qualifications as may be prescribed by Parliament.

It is a permanent body. One – third of its members retire every two years. The Council along with the Assembly must be summoned atleast twice a year. The intervening period between two sessions should not exceed six months. The Governor can prorogue the Legislative Council. The Legislative Council chooses its own Chairman and a Deputy Chairman.

Functions off the Council : Immunities and privileges enjoyed by members of State Legislature. In the Legislative Chamber, the members enjoy freedom, of speech. They are not liable to any proceedings in any court of law in respect of anything said or any vote given by them in the legislature or a legislative committee.

The Strength of State Assemblies

SessionYearPlaceGeneral PresidentSessionYearPlaceGeneral President
26th1939LahoreJ.C. Ghosh63rd1976WaltairM.S. Swaminathan
27th1940ChennaiBirbal Sahni64th1977BhubaneswarH.N. Sethna
28th1941VaranasiArdeshir Dalai65th1978AhmedabadS.M. Sircar
29th1942VadodraD. N. Wadia66th1979HyderabadR.C. Mehrotra
30th1943KolkataD. N. Wadia67th1980JadavpurA.K.Saha
31st1944DelhiS. N. Bose68th1981VaranasiA.K. Sharma
32nd1945NagpurShanti Swarup Bhatnagar69th1982MysoreM.G.K. Menon
33rd1946BangaloreM. Afzal Hussain70th1983TirupatiB. Rama Chandra Rao
34th1947DelhiJawaharlal Nehru71st1984RanchiR.R Bambah
35th1948PatnaRam Nath Chopra72nd1985LucknowA.S. Paintal
36th1949AllahabadK.S. Krishnan73rd1986DelhiT.N. Khoshoo
37th1950PuneP C. Mahalanobis74th1987BangaloreArchana Sharma
38th1951BangaloreH. J. Bache75th1988PuneC.N.R. Rao
39th1952KolkataJ.N. Mukherjee76th1989MaduraiA.P Mitra
40th1953LucknowD.M. Bose77th1990KochiYash Pal
41st1954HyderabadS.L. Hora78th1991IndoreD.K. Sinha
42nd1955VadodraS.K. Mitra79th1992VadodraVasant Gowariker
43rd1956AgraM.S. Krishnan80th1993GoaS.Z. Qasim
44th1957KolkataB.C. Roy81st1994JaipurRN. Shrivastava
45th1958ChennaiM.S. Thacker82nd1995KolkataS.C. Pakrashi
46th1959DelhiA.L. Mudaliar83rd1996PatialaU.R. Rao
47th1960MumbaiP. Parija84th1997DelhiS.K. Joshi
48th1961RoorkeeN.R. Dhar85th1998HyderabadR Rama Rao
49th1962CuttackB. Mukherji86th1999ChennaiManju Sharma
50th1963Delhi. D.S. Kothari87th2000PuneR.A. Marshelkar
51st1964KolkataHumayun Kabir88th2001DelhiR.S. Paroda
52nd1965KolkataHumayun Kabir89th2002LucknowS.K. Latoya
53rd1966ChandigarhB.N. Prasad90th2003BangaloreK. Kasturirangan
54th1967HyderabadT.R. Seshadri91st2004ChandigarhAsis Dutta
55th1968VaranasiAtma Ram92nd2005AhmedabadN.K. Ganguly
56th1969MumbaiAC. Joshi93rd2006HyderabadI.V Subba Rao
57th1970KharagpurL.C. Verman94th2007Chidambaram ( TN )Harsh Gupta
58th1971BangaloreB.P. Pal95th2008VisakhapatnamDr. Ramamurthi Rallapalli
59th1972KolkataW.D. West96th2009ShillongDr. T. Ramasami
60th1973ChandigarhS. Bhagavantam97th2010ThiruvananthapuramDr. Madhavan Nair
61st1974NagpurR. S. Mishra98th2011ChennaiProf. K.C. Pandey
62nd1975DelhiAsima Chatterjee99th2012Bhubaneswar ( Scheduled )Geetha Bali
General Studies Question Bank CD

RankStates / UT’sSex RatioRankStates / UT’sSex Ratio
1Kerala1,08418Lakshadweep #946
2Puducherry #1,03819Nagaland931
3Tamil Nadu99520Madhya Pradesh930
4Andhra Pradesh99221Rajasthan926
6Manipur98723Arunachal Pradesh920
9Mizoram97526Uttar Pradesh908
10Himachal Pradesh97427Punjab893
12Goa96829Jammu & Kashmir883
13Uttarakhand96330Andaman & Nicobar Islands878
15Assam95432NCT of Delhi #866
16West Bengal94733Chandigarh #818
17Jharkhand94734Dadra & Nagar Haveli775
35Daman & Diu #618

* The Legislative Assembly of Jammu & Kashmir has been provided 100 seats but 24 seats fall in Pak – occupied Kashmir.

** All the Union Territories do not have a Legislative Assembly. Out of seven Union Territories, only two, i.e., Delhi and Puducherry have a Legislative Assembly.

Composition of Legislative Councils in States

ChoiceGeneral Category including OBCSC / ST / PH
For 1 Choice220.00110.00
For 2 Choice430.00215.00
For 3 Choice600.00300.00

The State Judiciary – High Court

The High Court is the Highest Court in a State and stands at the apex of its judicial organisation. A High Court consists of the Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint : The President appoints, the Chief Justice of a High Court by a warrant under his hand and seal after consultation with the Chief Justice of India and the Governor of the State.

But in appointing other Puisne Judges, the President consults the Chief Justice of the High Court to which they are appointed. A Judge of High Court must be a citizen of India and must have held for at least ten years a judicial, office in a territory of India or must have been, for at least ten years an advocate of a High Court. A Judge of a High Court holds his office until he attains the age of 62 years. But he may resign or may be removed by the President in the same manner as a Judge of the Supreme Court may be removed.

Attorney General of India

The President will appoint a person who is qualified to be appointed a judge of the Supreme court as the Attorney General of India. The duty of the Attorney General is to advise the President on such legal matters and to perform such other duties of legal


character, as may from time to time be referred or assigned to him by the President. He has the right of audience in all courts in the territory of India. The Attorney General will hold office during the pleasure of the President. He has the right to speak and take part in the proceedings of either House and to be a member of any Parliamentary Committee but is not entitled to vote ( Article 88 ).

Comptroller and Auditor General( CAG ) of India

He is, appointed by the President. He can be removed from the office in like manner and on like grounds as a Judge of the Supreme Court. He shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament. The reports of the Comptroller and Auditor General of India relating to the accounts of the Union and to those of a State shall be submitted to the President and to the Governor respectively who in turn shall lay them before the Parliament and Legislature of the State respectively.

Revised Salaries ( as on 12.8.2008 )

  • President of India : ₹ 1,50,000 per month
  • Vice – President of India : ₹ 1,25,000 per month
  • Governor of a State : ₹ 1,10,000 per month
  • Chief Justice of India : ₹ 1,00,000 per month
  • The Comptroller and Auditor General of India : ₹ 90,000 per month
  • Chief Justice of High Court and other Judges of Supreme Court : ₹ 90,000 per month
  • Other Judges of High Court : ₹ 80,000 per month

General Studies Question Bank CD

Salary and Perks of M.Ps

  • Salary and D.A : ₹ 50,000 per month, D.A. : ₹ 2000 per day during sessions,
  • Constituency allowance : ₹ 40,000 pm,
  • Office expenses : ₹ 40,000 pm,
  • Travelling allowance : ₹ 8 per km,
  • Free Electricity : 50,000 units,
  • Free water : upto ₹ 1,500,
  • Telephone calls : upto 1,70,000 free calls,
  • Accommodation : rent free huge bangalow or ₹ 35,000 pm,
  • Air Travel : 32 air tickets,
  • Train Travel : AC first class,
  • Foreign Travel : First class air ticket with 5 star hotel accommodation,
  • Pension : After a five – year term ₹ 20,000 per month for life plus ₹ 1500 for every year completed as MR
  • Computers : One palm – top cell phone – cum – computer. One desktop or laptop computer with printer.


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