Indian Constitution: 1 Basics of

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1 Basics of

CHAPTER
Indian Constitution
set of fundamental legal-politicalrules that:
A
making institutions;
o binding on everyone in the state, including law
government, political principles, and
concern the structure and operation of the institutions of
the rights of citizens;
based on widespread public legitimacy;
o harder to change than ordinary laws;
and human rights.
recognized criteria for a democratic system in termsof representation
Functions of a Constitution
Declare and define the boundaries of the political community.
Declare and define the nature and authority of the political community.
Express the identity and values of a national community.
Declare and define the rights and duties of citizens.
Establish legislative, executive, and judicial branches of government.
sub-state communities.
Share power between different layers of government or
Declare the official religious identity of the state
Commit states to particular social, economic, or developmental goals.

Evolution of Constitution of India


Company Rule in India (1773-1858)

India.
laid the foundation of Central Administration in
Hastings)
Governor of Bengal’ Governor-General of Bengal. (Lord Warren
Executive Council of 4 members tO assist the GGB.
Regulating Governors of Madras & Bombay presidencies subordinate to GGB.
Act, 1773
Set up the SC of Calcutta with 1 Chief justice and 3 other judges.
Government regarding
Court of Directors of the Company to report the British
Company's revenue, civil and military affairs in India.
Safeguarded the GGB and its council from the jurisdiction of the SC.
Act of provided immunity to the servants for their official actions.
Settlement, Exempted revenue matters of Company from jurisdiction of the SC
1781 SCto administer the personal law of the defendant.
GGBto frame regulations for Provincial Courts and Councils.

Pitt's India Established a system of Double Government.


Act, 1784 Court of Director to manage Company's commercial affairs

1
(ouBombay,
Council.
it
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and
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Separated Introduced of 15 members for
and
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of Secretary a to Indians: established to to Increased
legislative
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British Viceroy
Created Viceroy Viceroy Provided
CLC
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PLCS by Governors on the recommendation of district boards, Municipalities,


universities, trade associations, zamindars and chambers.
aka Morley-Minto Reforms.
members in the CLC ‘ from 16 to 60 and members in the PLCs also increased but
Indian not uniformly.
Councils Act, members of LC can ask supplementary questions, move resolutions on the budget, etc.
1909 association of Indians with the executive councils of the Viceroy and Governors.
(Satyendra Prasad Sinha as the Law member)
communal representation for Muslims and separate electorate.
aka the Montagu-Chelmsford Reforms.
Separated Central and Provincial subjects.
o Provincial subjects:
Transferred subjects: governed by the Governor with the aid of ministers of
the LC
Reserved subjects: governed by the Governor withhis executive council.
Government
Introduced bicameralism and direct elections in the country.
of India Act,
3 out of 6 members of the Viceroy's executive council = Indian.
1919
separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans also.
Granted franchise to a people based on property, tax or education.
Created office of High Commissioner for India in London.
set up a Central Service Commission for recruiting civil servants.
Separated provincialbudgets from the Central budget and authorized the provincial
legislatures to enact their budgets.
Established AllIndia Federation = provinces + princely states.
Divided powers into three lists:
Federal list (for Centre, with 59 items),
Provincial list (for Provinces, with 54 items)
Concurrent list (for both,with 36 items).
Residuary Powers: vested in the Viceroy
Abolished dyarchy in the provinces and introduced provincial autonomy.
Government
o introduced responsible Governments in provinces
of India Act,
adoption of dyarchy at the Centre
Federal subjects were divided into transferred subjects and reserved subjects.
1935
Introduced bicameralism in 6 out of 11 provinces (Bengal, Bombay, Madras, Bihar,
Assam and the United Provinces).
separate electorates for depressed classes, women and labour.
Abolished the Council of India.
Established
Reserve Bank of India to control currency and credit of the country.
Federal Public Service Commission,
Provincial Public Service Commission
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Joint Public Service Commission.


Federal Court.

gave immediate effect to Mountbatten Plan


Ended British rule in India
o declared India independent and sovereign state from August 15, 1947.
partitioned of India and Pakistan as two independent dominions with right to ser
from the British Commonwealth.
empowered the Constituent Assemblies to frame and adopt any constitutiom
Indian their respective nations
|Independence abolished the office of SSI and transferred his powers to the Secretary of State
Act, 1947 Commonwealth Affairs.
o discontinued the appointment of Civil Servants
dropped the title of Emperor of India of the King of England.
Crownceased to be the Source of Authority.
o deprived him of his right to veto bills or ask for reservation of certain bills for
approval.
designated the GGl and provincial govermors =constitutional (nominal) heads of the sta

Constituent Assembly
Cabinet Mission Plan provisioned to set up a Constituent Assembly of India:
total strength = 389 partly elected and partly nominated
296 seats were allotted to British India
292 members from the 11 governors' provinces 389 296 +43
4from the 4 chief commissioners' provinces
93 seats to the Princely States.
allotted seats in proportion to their respective population.
Seats allocated to each British province were to be divided among Muslims, Sikhs and Genera
(others), in proportion to their population.
representatives of each community ’ elected by members of that community by proportiona
representation usinga single transferable vote.
representatives of the princely states were to be nominated by the heads of the princely states
members were indirectly elected by the members of the provincial assemblies.
did not present the sentiments of the masses as the members of provincial
assemblies themseve
were elected on a limited franchise.
election for British Indian Provinces was held in July-August 1946.
Indian NationalCongress won 208 seats,
o Muslim League won 73 seats
o Independent players held 15 seats
seats of princely states were not filled as they refrained from the Assembly
Assembly had representatives from every section of the society
Mahatma Gandhi was not a member of the Constituent Assembly.
" OnApril 28, 1947 representatives ofthe 6 states became part of the
assembly
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after the Mountbatten Plan of June 3, 1947, most of the princely states entered the assembly.
Later Muslim League from the Indian dominion also joined the assembly.
Working of the Constituent Assembly
"(first meeting: December 9, 1946.
o Muslim League boycotted and demanded a separate state of Pakistan
Only 21 members attended the first meeting.
Assembly,
Dr Sachchidananda Sinha was elected as the interim President of the
(French practice)
o Dr Rajendra Prasad was elected as the President of the Assembly
H.C. Mukherjee and V.T. Krishnamachari Vice-President

Objective Resolution:
Presented on Dec 13, 1946, by JL Nehru in the Constituent AsSsembly, unanimously
adopted by the assembly on January 22, 1947.
Important provisions:
o proclaim India as th Independent Sovereign Republic
o India, shall be a Union of territories of British India that join it
o Boundaries determined bythe Constituent Assembly which shall possess residuary p0wers and
exercise all powersand functions of the Government and administration implied in the Union
power and authority of Independent India derived from the people
o shall guarantee to all the people of India
justice, social, economic and political;
Vequality of status of opportunity, and before the law;
reedom of thought, expression, belief, faith, worship, association and action
and depressed
o adequate safeguards shall be provided for minorities, backward and tribal areas
and other backward classes
rights on land, sea and air
O Maintain integrity of the territory of the Republic andits sovereign
accordingto justice and the law of civilized nations
full and willing contribution
o attains its rightful and honoured place in the world and makes its
mankind.
tothe promotion of world peace and the welfare of
Changes after the Indian Independence Act, 1947
Assembly’ fully sovereign body to frame Constitution
became the legislative body.
o responsible to frame the Constitution and enact ordinary laws for the country.
worked as the Constitutional body -’ chaired by Dr Rajendra Prasad
as alegislative body’ G.V. Mavlankar became chairman (till Nov 26, 1949).
Muslim League withdrew from the assembly
o reduced the total strength of the assembly to 299 from 389.
o strength of Indian provinces reduced to 229 from 296
o princely states to 70 from 93.
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Other Functions Performed by the Assembly
Ratified India's membership of the Commonwealth in May 1949
Adopted National Flag of India on July 22, 1947
Adopted NationalAnthem on January 24, 1950
Elected Dr Rajendra Prasad as the first President of India on January 24, 1950
On January 24, 1950, the Constituent ASsembly held its final session but continued as
the provincial parliament from January 26, 1950, tillthe first general elections in
1951-52were held.
Committees of the Constituent Assembly
Committee Headed by
Union Powers Committee J.L. Nehru
J.L. Nehru
Union ConstitutionCommittee
Sardar Patel
ProvincialConstitution Committee
Drafting Committee Dr B.R. Ambedkar
Advisory Committee on Fundamental Rights, Minorities and Sardar Patel
Tribal and Excluded Areas
Fundamental Rights Sub-Committee J.B. Kriplani
Major Minorities Sub-Committee H.C. Mukherjee
Committee North-East Frontier Tribal Areas and Assam Excluded & Gopinath Bardoloi
Partially Excluded Areas Sub-Committee
Excluded and Partially Excluded Areas (Other than those in A.V. Thakkar
Assam) Sub-Committee
North-West Frontier Tribal Areas Sub-Committee
Rules of Procedure Committee Dr Rajendra Prasad
States Committee (for Negotiation with states) J.L. Nehru
Steering Committee Dr RajendraPrasad
Finance and Staff Committee Dr Rajendra Prasad
Credentials Committee A.K. Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee Dr K.M. Munshi
Ad-hoc Committee on National FIlag Dr Rajendra Prasad
Committee on Functions of the Constituent Assembly G.V. Mavalankar
Minor Ad-hoc Committee on the SC S. Varadachari
Committee Committee on Chief Commissioners' Provinces B. PattabhiSitaramayya
Expert Committee on the Financial Provisions of the Union Nalini Ranjan Sarkar
Constitution
Linguistic Provinces Commission S.K. Dar
Special Committee to Examine the Draft Constitution
J.L. Nehru
Press Gallery Committee Usha Nath Sen
Ad-hoc Committee on Citizenship S. Vallabhachari

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Drafting Committee
On August 29, 1947, set up to prepare a draft of the new Constitution.
seven-member committee with
o Dr B.R.Ambedkar ’ Chairman
o N. Gopalaswamy Ayyangar
Alladi KrishnaswamyAyyar
Dr K.M. Munshi
o Syed Mohammad Saadullah
o 'N.M. Rau
o T.T. Krishnamachari
First draft published in February 1948
second draft published in October 1948.
Enactment of the Constitution
Dr B.R.Ambedkar introduced the final draft on Nov 4, 1948,for first reading.
Second reading held on November 15, 1948,
third reading on November 14, 1949.
" draft was passed on November 26, 1949 (Constitution day).
Constitution as adopted on November 26, 1949, contained
Preamble
394 Articles
o 8 Schedules.
temporary and transitional provisions and
Provisions of citizenship, elections, provisional parliament, and 393 came
324, 366, 367, 379, 380, 388, 391, 392
short title contained in Article 5, 6, 7, 8, 9, 60,
provisions came into force on January 26, 1950.
intoforce on November 26, 1949. The remaining
provisions under the Indian Independence Act, 1947
With the adoption of the Constitution, all the
repealed.
and the Government of India Act, 1935 were
Abolition of Privy Council Jurisdiction Act (1949) continued.
Criticism to the Constituent Assembly
mass verdict due to election by the E
Not a Representative Body - did not reflect the
limited franchise.
based on the proposals of the British
Not a Sovereign body as it was formed
Government and held its meeting with their permission. which took
as compared to the American constitution
Tookgreater time in framing the Constitution
only 4 months.
Dominated by Congress
Domination of Lawyers and Politicians
Dominated by Hindus

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S.N. Mukherjee = chief draftsman of the constitution


Prem Behari Narain Raizada =calligrapher nglish)
o handwritten the original text of the constitution in a flowing italic style.
beautified and decorated by artists from Shanti Niketan including Nand Lal Bose and Beoha
Rammanohar Sinha.
calligraphy of the Hindiversion = Vasant Krishan Vaidya
o decorated and illuminated = Nand Lal Bose.
elephant = symbolof the Constituent Assembly.
o Elephant figurine carved on the seal of the assembly.
Originally, the Constitution of India did not make any provision concerning an authoritative tex
of the Constitution in the Hindi Language.
made by the 58th ConstitutionalAmendment Act of 1987which inserted a new Article 394
Ainthe last part of the constitution.
2
CHAPTER Preamble

THE CONSTITUTION OF
INDA
PRE MBLE

WE, THE PEOPLE OF NDIA, having


Solemnly resolved toconstitute India into a
ISOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC] and to secre
to all its citizens :
JUSTICE, social, econ0mic and
political;
LIBERTY of thought, expression, belief,
faith andworship;
EQUALITY of status and of opportunity
and to promoteamong them all;
FRATERNITY asSuring the dignity of
the individual and the "unity and
integrity ofthe Nation]:
IN OUR CONSTITUENT ASSEMBLY
this twenty-sixth dayof November, 1949 do
HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
1. Subs. by the Constilution (Forty second Amend1ment) Act, 1976. Sec.2.
for"Sovereign Demo:ratic Republic (w.e.f. 3.1.1977)
2
Subs. by the Constitution (Forty-sCond Amendment) Act. 1976. Sec.2.
for"Unity of the Nation" (w.e.f. 3. 1.197)
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Introduction or preface to the Constitution


Provides guidelines for the Constitution
embodies basic philosophyand fundamental values as basis for the Constitution
Reflects dreams and aspirations of founding fathers of the Constitution.
enacted after the rest of the Constitution was already enacted.
neither a source of power to the legislature nor a prohibition
non justiciable not enforceable in Courts of law.
can be amended without altering the basic structure.
Ingredients of the Preamble
" Preamble makes people of India, the ultimate authority
declares India as sovereign, socialist, secular democratic and republican polity.
Objectives of the Constitution: justice, liberty, equality and fraternity
Date of adoption of the Constitution: It stipulates November 26, 1949 as the date.

Key Terms related to Preamble


Sovereignty: absolute Independence that is a Government which is not controlled by
any other power: internal or external. A country cannot have its own
Constitution
without being sovereign. India is a sovereign country. It is free from any
external
control., D
Socialist: not part of the original Constitution.
Added by42nd Amendment act
used in the context of economic planning.
o commitment to attain ideals like
removalof inequalities, provision of minimum basic necessiti
to all, equal pay for equal work.
Secularism: added by 42nd Constitutional Amendment Act 1976.
o India is neither religious nor
irreligious nor anti-religious.
no state religion- the state does not
support any particular religion
Democratic Republic: Government is elected by the people and is responsible and
the people. accountablet
o democratic
provisions: Universal adult franchise, elections,
Government. Fundamental Rights and responsio
o Republic: the elected
head of the state (President ’
Britain. indirectly elected) not a hereditary ruler
Justice: to give people what they are entitled to
interms of basic rights to
participation in decision making and
o taken from the living with dignity as human beings.
food, clothing, house
o three
Russian Revolution (1917)
dimensions of Justice- social, economic and
Social justice: equal treatment of all political.
colour, race, religion, sex and so on. citizens without any social distinction based on
Economicjustice:
non-discrimination
Social justice +
on economic
factors.
economic justice ='distributive justice'

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Political justice: all citizens should have equal political rights, equal access to all political
offices and equal voice in the Government.
Liberty: of thought and expression; absence of restraints on the activities of individuals, and at the
same time, providing opportunities for the development of individual personalities.
taken from the French Revolution (1789-1799).
Equality: absence of special privileges to any section of the society, and the provision of adequate
opportunities for allindividualswithout any discrimination.
three dimensions of equality-civic, political and economic.
Fraternity: sense of brotherhood; promotes the feeling of fraternity by a system of
single citizenship and by article 51A (Fundamental Duties).
Preamble as a part of the Constitution
Berubari Union v. Unknown Case, Kesavananda Bharati v. State of Union Government Vs LIC of
1960 Kerala Case, 1973 India Case, 1995
SC stated that 'Preamble is the SC held that "Preamble of the SC held that Preamble is
key to open the mind of the Constitution will now be the integral part of the
makers' but it cannot_be considered aspart of the Constitution but is not
considered as part of the Constitution. The Preamble is directly enforceable in a
Constitution. Therefore it is not not the supreme power or Court of justice in India.
enforceable in a Court of law. source of any restriction or
prohibition but it plays an
important role in the
interpretation of statutes and
ssitie provisions of the Constitution."

Salient Features of the Constitution


Longest written constitution: it contains:
their inter-relationship.
o Separate provisions for states and centre and
of the world.
borrowed provisions from several sources and constitutions
ole to
Countries Borrowed Features of Indian Constitution
Concurrent list
sible
Australia Freedom of trade, commerce and intercourse
Joint-sitting of the two Houses of Parliament
eras
Federation with a strong Centre
Vesting of residuary powers in the Centre
sing Canada Appointment of state Governors by the Centre
Advisory jurisdiction of the SC
Directive Principles of State Policy
Ireland Nomination of members to RajyaSabha
ste Method of electionof the President
Procedure Established by law
Japan
Fundamental Duties
the Preamble
USSR/Russia Ideal of justice (social, economíc and political) in
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Parliamentary Government
Rule of Law
" Legislative procedure
Single Citizenship
UK " Cabinet system
" Prerogative writs
Parliamentary privileges
Bicameralism
Procedure Established bylaw
Fundamental Rights
Independence of judiciary
Judicial Review
US
Impeachment of the President
Removal of SC and HCJudges
Post of vice-President
Germany
(Weimar)
Suspension of Fundamental Rights during emergency
South Africa Procedure for Amendment in the Indian Constitution
Election of members of Rajya Sabha
France Republic
Ideals of liberty, equalityand fraternity in the
separate provisions for SC, ST, Women, children, and Preamble
o detailed list of rights, DPSPs and backward regions.
details of administration procedures
o Originally (1949), had a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules.
Presently, it consists of a Preamble, 25 parts, 448
till date. Articles, 12 Schedules, and 104 Amendmer
Unique blendof rigidity and flexibility:
o Some parts can be
amended by ordinary law making procedure while certain
amended by a majority of the total provisions cant
than two-third of the membership of that house and by a majority of not le
o Some members of that house present and voting.
amendments are also required to be ratified by the
of the states before
being presented to the legislatures of not less than one-hd
India as a sovereign, President for assent.
through their elected socialist, secular, democratic and republic: India is governed by its peoP
representatives based on universal adult
Parliamentary System of Government: Parliament controls the franchise.
executive is responsible to the functioning of the CoM
confidence of the legislature. legislature and remains in power as long as it
I enjoy
President of India, who remains in
constitutional head (Executive). office for five vears, is the
PM is the real nomninal, titula
executive and head of the CoM who is
house (Lok Sabha).
collectively responsible to the i

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Single Citizenship: single citizenship provided by the union and recognized by all the states across
India.
Universal Adult Franchise: establishes political equality in India through the method of universal
adult franchise which functions on the basis of 'one person one vote'.
elections, irrespective of
o Every Indian who is 18 years of age or above is entitled to vote in the
caste, sex, race, religion or status.
the executive and the
Independent and Integrated Judicial System: free from the influence of
legislature.
come
o SCas the apex court below which HCs and lower courts
Fundamental Rights, Fundamental Duties and DPSPs:
subject to the limitations defined by the
o Fundamental Rights are not absolute but are
constitution itself and are enforceable in the court of law.
regarding governance and are not
DPSPs are the guidelines to be followed by the states
enforceable in the court of law.
conscience which ought to be
FundamentalDuties, added by the 42nd Amendment are moral
followed bythe Citizens.
India is an indestructible Union with destructible
Federation with a strong centralising tendency:
the time of emergency.
states means it acquires a unitary character during
Review: An independent judiciary with the power
Balancing Parliamentary supremacy with Judicial
of judicial review
Salient Features of
3
CHAPTER the Constitution
contains:
Longest written constitution: it
their inter-relationship.
o Separate provisions for states and centre and
world.
borrowed provisions from several sources and constitutions of the
Countries Borrowed Features of Indian Constitution
Concurrent list
Australia Freedom of trade, commerce and intercourse
Joint-sitting of the two Houses of Parliament
Federation with a strong Centre
Vesting of residuary powers in the Centre
Canada
Appointment of state Governors by the Centre
Advisory jurisdiction of the SC
Directive Principles of State Policy
Ireland Nomination of members to RajyaSabha
Method of election of the President

Japan Procedure Established by law


Fundamental Duties
USSR/Russia Ideal of justice (social, economicand political) in the Preamble
Parliamentary Government
" Rule of Law
Legislative procedure
Single Citizenship
UK Cabinet system
Prerogative writs
Parliamentary privileges
Bicameralism
Procedure Established by law
Fundamental Rights
Independence of judiciary
Judicial Review
US
Impeachment of the President
Removal of SC and HC Judges
Post of vice-President
Germany (Weimar) Suspension of Fundamental Rights during emergency
South Africa
Procedure for Amendment inthe Indian Constitution
Election of members of Rajya Sabha
Republic
France
Ideals of liberty, equality and fraternity in the Preamble
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o separate provisions for SC, ST,Women, children, and backward regions.
o detailed list of rights, DPSPs and details of administration procedures
and 8 Schedules.
o Originally (1949), had a Preamble, 395 Articles (divided into 22 Parts)
12 Schedules, and 104 Amendments
O Presently, it consists ofaPreamble, 25 parts,448 Articles,
tilldate.
Unique blend of rigidity and flexibility:
procedure while certain provisions can be
Some parts can be amended by ordinary law making
by a majority of not less
amended by a majority of the total membership of that house and
than two-third of the members of that house present and voting.
legislatures of not less than one-half
Some amendments are also required to be ratified by the
for assent.
of the states before being presented tothe President
republic: India is governed by its people
fo India as asovereign, socialist, secular, democratic and franchise.
through their elected representatives based on universal adult
functioning of the CoM
Parliamentary System of Government: Parliament controls the
remains in power as long as it enjoys the
o executive is responsible to the legislature and
confidence of the legislature.
years, is the nominal, titular or
President of India, who remains in office for five
constitutional head (Executive).
who is collectively responsible to the lower
PM is the real executive and head of the CoM
house (Lok Sabha).
across
the union and recognized by all the states
Single Citizenship: single citizenship provided by
India. universal
equality in India through the method of
Universal Adult Franchise: establishes political vote'.
basis of 'one person one
adult franchise which functions on the elections, irrespective of
is 18 years of age or above is entitled to vote in the
o Every Indian who
caste, sex, race, religion or status. executive and the
System: free from the influence of the
Independent and Integrated Judicial
legislature.
which HCs and lower courts comne
SCas the apex court below
and DPSPs:
Fundamental Rights, Fundamental Duties by the
not absolute but are subject to the limitations defined
O Fundamental Rights are
the court of law.
constitution itself and are enforceable in governance and are not
guidelines to be followed by the states regarding
DPSPs are the
enforceable in the court of law. ought to be
added by the 42nd Amendment are moral conscience which
O Fundamental Duties,
followed by the Citizens. with destructible
centralising tendency: India is an indestructible Union
Y)Federation with astrong
unitary character during the time of emergency.
states means it acquires a independent judiciary with the power
Judicial Review: An
Balancing Parliamentary supremacy with
of judicial review

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Parts and Schedules of Indian Constitution X

Parts Subject Matter Articles


1 to 4
Covere
The Union and its territory
5 to 11
Citizenship
12 to 35
Fundamental Rights
IV Directive Principles of State Policy 36to 51

IV-A Fundamental Duties 51-A


(476
V The Union Government 52 to 151

Chapter|-The Executive 52 to 78
Chapter l|- Parliament 79 to 122
Chapter Il|- Legislative Powers of President 123
Chapter IV - The Union Judiciary 124 to 147
Chapter V- Comptroller and Auditor-General of India 148 to 151

VI The State Governments 152 to 237

Chapter |- General 152


Chapter I| - The Executive 153 to 167
Chapter IlI| -The State Legislature 168 to 212
Chapter IV - Legislative Powers of Governor 213
Chapter V-The High Courts 214 to 232
Chapter VI -Subordinate Courts 233 to 237

VIlII The Union Territories 239 to 242

The Panchayats 243 to 243-0

IX-A The Municipalities 243-P to 243-2G

IX-B The Co-operative Societies 243-ZH to 243


ZT
X The Scheduled and Tribal Areas 244 to 244-A
XI Relations between the Union and the States 245 to 263

Chapter l|-Legislative Relations 245 to 255


Chapter ||- Administrative Relations 256 to 263
XII Finance, Property, Contracts and Suits 264 to 300-A

Chapter|- Finance 264 to 291


Chapter lI| -Borrowing 292 to 293
Chapter Il- Property, Contracts, Rights, Liabilities, Obligations and 294to 300
Suits 300-A
Chapter IV - Right to Property
XII Trade, Commerce and Intercourse within the Territory of India 301 to 307

16
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308 to 323
Services under the Union and the States
XIV
308 to 314
Chapter |- Services 315 to 323
Chapter I| -Public Service Commissions
323-A to 323-B
XIV-A Tribunals
324 to 329-A
XV Elections
330to 342
XVI Special Provisions relating to Certain Classes
343 to 351
XVI Official Language
343 to 344
Chapterl- Language ofthe Union 345 to 347
Chapter ll- Regional Languages
s0 on 348 to 349
Chapter l|-Language of the Supreme Court, High Courts, and 350 to 351
Chapter IV-Special Directives
352 to 360
XVII Emergency Provisions
361 to 367
XIX Miscellaneous
Amendment of the Constitution 368
XX
369 to 392
XXI
Temporary, Transitional and Special Provisions
and Repeals 393 to 395
XXIl Short title, Commencement, Authoritative Text in Hindi

tabulate bureaucratic activity and policy


Schedules are the lists in the Constitution that categorize and
of Government.
Numbers Subject Matter
jurisdiction.
First 1. Names of the States and their territorial
their extent.
Schedule 2. Names of the Union Territories and
privileges and so on of:
Second Provisions relating to the emoluments, allowances,
Schedule 1. The President of India
2. The Governors of States
LokSabha
3. The Speaker and the Deputy Speaker of the
RajyaSabha
4. The Chairman and the Deputy Chairman of the
Assembly in the states
5.The Speaker and the Deputy Speaker of the Legislative
the Legislative Council in the states
6. The Chairman and the Deputy Chairman of
7. The Judges of the Supreme Court
8.The Judges of the High Courts
of India
9. The Comptroller and Auditor-General
Third Forms of Oaths or Affirmations for:
Schedule 1. The Union ministers
2. The candidates for election to the Parliament
3. The members of Parliament
4.The Judges of the Supreme Court
5. The Comptroller and Auditor-General of India
6. The state ministers

17
Schedule
Twelfth
Schedule
Eleventh Schedule Tenth Schedule Ninth ScheduleEighth
Schedule
Seventh
Schedule Schedule
Sixth Schedule
Fifth Fourth
TEARS
Specifies
This schedule Specifies
Amendment
Legislatures
ProvisionsscheduleRights. the with with Acts
added added byNepali,Hindi, there contains
Languages (originally(State
schedule laws other land and List)
DivisionIl Provisions
Meghalaya, scheduledProvisionsAllocation 9. 8. 7.
the
The The The
OF the was the However,
after included Regulations reforms
by 71 Oriya, by
Kannada, are
Judges
the st the 5297), of members
candidates
was added
powers, powers, Act relating on matters. recognized 22
OL0 of the April Amendment92nd 21st languages.
Punjabi,
subjects powers
and relating
Tripura tribes.
relating of
seats of
added in in the
by 1985, 24, and Amendment Kashmiri, Li st the of
authorityauthority ground to 2007, itThis(originally Amendment state between and in the for
Pm by
the
disqualification
also
1973, from
schedule
abolition
Sanskrit,
(originally
by
(Concurrent
Il to to the High election
the 73rd They th e list Mizoram. the the
state
judicial
the Act Konkani, RajyaSabhaCourts
andknown of are contains administration the
74th
Amendment and of Act Constitution. legislature to
responsibilities
responsibilities
Amendment
defection. Supreme
now of 13
scrutiny was the but 1992; ofAssamese,
Act Santhali, are: 47). Union
administration
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Anti-defection open added presently 2003. 1967;
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and the
of and subjects the topper
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schedule ruled system tribal
of1992. ground fei Tamil, (originally and
Municipalities.of 1st 19Dongri, the control
Law. Review. that Manipuri it
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oniuage Li st in
It Parliament laws the. and and languages
Dogri and of
thscheduled
e
has added contains List territories.
It legislatures
Parliament NepaliManipuri,
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4
CHAPTER
Union And Its Territory
Constitutional Provisions
Articles 1- 4 in Part I of the Indian Constitution
Provisions
Article
1 Name and territory of the union
2
Admission or Establishment of new states
Formationof newstates and alteration of boundaies or names of existing States
Laws made under art. 2 and 3 to amend Iand IV Schedules and supplemental, incidental
and consequential matters.

Article 1: Name and Territory of the Union


India, that is Bharat, shall be a Union of States.
Schedule.
States and territories thereof shall be as specified in the First
Territory of India:
o The territoriesof the States;
Schedule;
te The Union territories specified in the First
nt o Such other territories that may be acquired.
th Unton of India: sharing a
only States enjoying the status of being members of the federal system and
Includes
tati distribution of powers with the Union.
2n Union Territorjes not included.
Ferritory of India: (GUTS
territories as may be acquired by lIndia.
" Includes States, UTs and such other
Th
First Schedule of the Constitution.
States andTerritories - specified in the
'Union of States' to 'Federation of States':
Dr. B.R. Ambedkar for preferring Federation
among the states like the American
e.
not the consequence of agreement
Indian Federation is Union is indestructible.
the federation.
States have no right to secede from
into states for smooth administration.
Country is a single entity and divided
of newStates
Article 2: Admission or establishment conditions as
admitted to Union or established by statute on the terms and
New States may be
Parliament deems appropriate.
the French settlements of Pondicherry, Karaikal, Mahe and Yanam,
Eg. Parliament has admitted
andDaman, etc., into India.
the Portuguese settlements of Goa, were/are not part of india,v
admission/ establishment of new states that
19
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Article 3Formation of New State and alternation of Areas, boundaries or hax


of existing States.
" Parliament may by law :
o Form a new State by separation of territory from any State or by uniting two or more Stato.
parts of States or by uniting any territory to a part of any State;
Increase the area of any State
o Diminish the areaof any State
o Alter the boundaries of any State,
O Alter the name of any State:
Bill proposing the above changes can be introduced in Parliament only with the n
recommendation of the President.
Before recommending the bill, the President has to refer it to the concerned state legislature fo
views within a specified period.
Procedure:
o President before introducing the bill in Parliament, should send the Billto the State Legisla
for its views to be sent within atime frame.
I Ifit fails todo so, will be considered that views have been presented.
o President has the authority to extend the time limit.
o Parliament is not obligated to accept or act on the opinions of the State Legislature eveni
presents them within the prescribed/ extended time frame.
o Making fresh reference to the State Legislature every time an amendment to the Billis propo
and accepted is not required.
Inthe case of Union Territories, however, the opinions of their legislatures are not requ
before a Bill changing their boundaries or titles is introduced.
IEx: Bills in respect of Mizoram, Arunachal Pradesh and Goa, Diu and Daman were introdu
in Parliament without obtaining such views.
o Approved by a simple majority vote.

India - Bangladesh Land Boundary Agreement


100th Constitutional Amendment Act (2015)- to give effect to
India's acquisition of SOm
territories and the handover of other regions to Bangladesh in accordance with the
and its protocol between the Indian and agreeme
Bangladeshi governments.
Indiagave 111 enclaves to Bangladesh while
Also included the transfer of adverse
Bangladesh gave 51 enclaves to India.
holdings and the marking of a previously unmarkeo
kilometer boundary segment.
Amendment changed provisions in the First Schedule related to the
Bengal, Meghalaya and Tripura. territory of Assam,
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for the amendment of the First


Article 4: Laws made under Articles 2and 3 to provide
consequential matters.
and the Fourth Schedules and supplemental, incidental and
provisions for amending the 1st and 4th
Any lawreferred to in Article 2 or Article 3 may include
well as supplemental, incidental, and
Schedules to give effect to the law's provisions, as
Consequential provisions as Parliament may deem necessary. Article 368 of the Constitution.
amendment to this Constitution under
No such law shall be considered an
legislative process.
can be passed by a simple majority and ordinary
Evolution of states and Union Territories
India
At the time of Independence of
Total Princely States: 552
Joined India: 549
Kashmir), later integrated
Refused to join: 3 (Hyderabad, Junagarh and
action,
o Hyderabad: By Means of police
C Junagarh: By Means of referendum
Accession.
Kashmir: By Means of the Instrument of
Reorganisation of States After independence
mostly driven by linguistic factors.
o Demand for additional states
heldavariety of viewpoints.
o Framers of the Constitution a large
have enough time to investigate such
The Constituent Assembly did not
andadministratively complicated topic ’ createda Commission.
scale
1. Dhar Commission
Year: June 1948
of the Allahabad HC).
Chairman: S.K. Dhar (retired Judge member of constituent assembly)
and Panna Lall
Lal (lawyer and
Other Members: Jagat Narain
(retired Indian Civil Service officer).
1948 administrative
Report Submitted: December States should be on the basis of
of
Recommendations: The reorganization
basis.
convenience rather than linguistic another Linguistic Provinces
Committee
disappointment -’ appointment of
Result : General
by the Congress.
2. JVP Committee:
Year: December 1948. Sitaramayya
Lal Nehru, Vallabhbhai Patel and Pattabhi
Members: Jawahar
Report Submitted: 1949
the Dhar Commission. on other important
Reaffirmed the position of new provinces and focus
establishment of
Recommendations: Postpone
issues
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|Arrangement of States as on 26th January 1950


Nev
4-fold classification:
governor's provinces of British India
Part A:Comprised 9 erstwhile
states with legislatures
Part B: Consisted of 9 erstwhile princely erstwhile chief commissioner's
provínces of
10 centrally administered
Part C: Consisted of
India and some of the erstwhile princely states.
Part D: TheAndaman and Nicobar Islands.
Continuation of demands for linguistic States: t
Potti Srimulu the first linguistic state, Andhra Pradesh was formed, bv
After the death of
October 1953.
telugu-speaking districts from Madras state in
linguistically-based states.
o intensified the demand for other Reorganisation Commission in Dec 1953.
Government formed a 3-member States
3. Fazal Ali Commission:
Year:December 1953
Chairman: Fazal Ali
Members: H.N Kunzru and K.M. Pannikar
basis of reorganisation of sta
Report Submitted: September 1955 and accepted language as
BUT rejected the theory of 'one language-one state'
Recommendations: Unity of India should be regarded as the primary consideration in a
redrawing of the country's political units.
Alsosuggested abolition of 4-fold classification of states and creation of 16 states an
centrally administered territories.
o ldentified 4 major factors for reorganisation of states:
Preservation and strengthening the unity and security of the country.
I Linguistic and cultural homogeneity.
I Financial, economic and administrative considerations.
Planning and promotion of the welfare of the people in each state as well as of the nati
as a whole.

States Reorganisation Act 1956


on recommendations of State Reorganisation Commission, 1953 (submitted report in
1955)
States Reorganisation Act (1956) + 7th Constitutional Amendment Act (1956),
disbanded Part C states and division b/wPart Aand Part Bstates were
abolished.
Some were combined with neighbouring states, while others were
declared union territorte
November 1, 1956- 14 states and 6 union territories were formed.
States:Andhra Pradesh, Assam, Bihar, Bombay,J&K, Kerala,
MadhyaPradesh, Madras, iy
Orissa, Punjab, Rajasthan, Uttar Pradesh and West
J Bengal.
UTs: Andaman and nicobar islands, Delhi, Himachal Pradesh, laccadive, Minicoy &Amint
Islands,Pondicherry, Manipur and tripura.
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New states Created After 1956:


Gujarat and Maharashtra: BombayReorganisation Act 1960, divided Bombay state.
Nagaland: State of Nagaland Act 1962, established as aSeparate State.
Punjab and Haryana: Punjab Reorganisation Act 1966, Divided Punjab.
Himachal Pradesh: State of Himachal Pradesh Act, 1970, comprising of the existing
Union Territory of Himachal Pradesh
North Eastern Areas (Reorganization) Act, 1971:New States of Manipur, Tripura, Meghalaya and
Union Territories of Mizoram and Arunachal Pradesh were established.
Mizoram and Arunachal Pradesh: Achieved statehood by State of Mizoram Act, 1986 and State of
ArunachalPradesh Act 1986.
Sikkim: Constitution (36th Amendment) Act, 1975.
Goa: State of Goa Act, 1987 incorporated Goaas a separate State.
Chhattisgarh: aresult of Madhya Pradesh Reorganisation Act, 2000 on Nov 1, 2000.
Uttaranchal:Uttar Pradesh Reorganisation Act, 2000 on 8th November, 2000, comprising the
northerndistricts of Kumaon and Garhwal hills of Uttar Pradesh.
" Jharkhand: established by Bihar Reorganisation Act, 2000 on 15th Nov, 2000, by comprising 18
southerndistricts of Chhota Nagpur and Santhal Pargana areas of Bihar
" Telangana: Andhra Pradesh Reorganisation Act, 2014 on 2nd June 2014.

New UTscreated after 1956


Pondicherry: Constitution (14th Amendment) Act, 1962; 2006 renamed as Puducherry
Chandigarh: Punjab Reorganisation Act, 1966.
Dadra & Nagar Haveli: Constitution (10th Amendment) Act, 1961.
Daman & Diu: Constitution (12" Amendment) Act, 1962
1973.
Lakshadweep: Altered name of Laccadive, Minicoy &Amindivi Islands,
Reorganisation Act, 2019, bifurcated the
Jammu & Kashmir and Ladakh: Jammu and Kashmir
territories
erstwhile State of Jammu and Kashmir into two separate union
the erstwhile State of Jammu and Kashmir except
o UT of Jammu& Kashmir: allthe districts of
the Kargiland Leh districts.
o UT of Ladakh: the Kargil and Leh districts.
down of Article 370 (J&K) in 2020
Presently, there are 28 states + 8 UTs (following striking
5
CHAPTER
Citizenship
Constitutional provisions
Indian Constitution
Articles 5- 11 inPart Ilof the
Britain(UK)
Provision borrowed from
Article related to Citizenship:
Article Provisions
commencement of the Constitution.
5 Citizenship at the from Pakistan.
of citizenship of persons who have migrated to India
6 Rights
migrantsto Pakistan.
Rightsof citizenship of certain outside India.
citizenship of certain persons of Indian origin residing
8 Rights of citizens.
voluntarily acquiring citizenship of a foreign State not to be
9 Persons
10 Continuance of the rights of citizenship
citizenship by law
11 Parliament to regulate the right of

Citizenship
Determines

a person'scomplete political
participation in the nation,
o hisongoing commitment to nation,
into the political system.
o State's legal acceptance of his/her rightful integration
2kinds of people - citizens and aliens
Citizen: Enjoys full membership of the Indian state and owes allegiance to it.
Enjoy allthe civiland political rights.
Aliens: Citizens of some other state
Do not enjoy allciviland politicalrights.
2categories:
a Friendly aliens: countries that have cordial relations with India.
Enemy aliens: From the country that is at war with India.
Enjoy less rights than the friendiy aliens.

RIGHTS DENIED TO ALIENS


" Right against discrimination based on religion, race, caste, sex or place of birth (Article 15)
Right toequality of opportunity in the matter of public employment (Article 16).
Right to freedom of speech and expression, assembly, association, movement, residenceo

profession (Article 19).


Cultural and educational rights (Articles 29 and 30).

24

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