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CONTENTS:-
• Constitution
Framing of the Indian Constitution
Enactment of the
Constitution
Preamble
The Preamble
Main Features
• Important Articles
Part I Union and its Territories (Article 1-4)
Part II Citizenship (Article 5-11)
Part III Fundamental Rights (Article 12-35)
Part IV Directive Principles of State Policy (Article 36-51)
Part V Fundamental Duties
(Article 51A)
Part VI Union (Article 52-151)
• The President
President
Powers of President
Impeachment Procedure
Emergency Powers
• Vice-President
• Council of Ministers
• Prime Minister
• Union Legislature
Rajya Sabha
(Council of States)
Lok Sabha (People’s House)
Speaker of the Lok Sabha
Facts about Speaker
• Supreme Court
Tenure and Qualification
Jurisdiction
Comptroller and Auditor
General (CAG) (Article 148-151)
Attorney General of India
• The Governor
Part VI The States (Article 152-237)
Qualifications
• State Legislature
• High Courts
Part VII High Courts (ARTICLE 214-232)
Part IX The Panchayats (Article
243-243O)
Part IXA The Municipalities (Article 243 P-243 ZG)
Jurisdiction and Seats of High Courts
Committees to Study Panchayat System
Part XI Relations between the Union
and the States (Article 245-263)
Part XII Finance, Property, Contracts and Suits (Article 264-300 A)
Part XIV Services Under the Union and the States (Article 308-323)
• Union and State Public
Service
Commissions
Functions
• Elections (Article 324-329)
Political Parties
Election Commission
• Planning Commission
• NITI Aayog
• National Development Council, NDC
• Finance Commission
• Amendments of the Constitution
• e-Governance
Impacts of e-Governance
e-Districts
• Parliamentary Terms
• Constitutional Amendments
CONSTITUTION
Framing of the Indian Constitution
● The idea to have a Constitution was first given by MN Roy (A pioneer of Communist Movement in India).
● The Constitution was framed by the Constituent Assembly of India, set-up on 16th May 1946, in accordance with the Cabinet Mission Plan, under the Chairmanship of Sach-chidanand Sinha, initially. Dr Rajendra Prasad and HC Mukherjee were elected as the President and Vice-President respectively on 11th December 1946. BN Rau was appointed as the Constitutional Advisor.
● The total membership of the Constituent Assembly was 389, of these 292 were representatives of British States; 93 were representatives of Princely States and 4 were from the Chief Commissioners Provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
● The Chairman of the Drafting Committee was Dr BR Ambedkar, also known as the Father of the Indian Constitution.
Enactment of the Constitution
● The Constituent Assembly took 2 years, 11 months and 18 days to complete the Constitution.
● Some of the provisions related to citizenship, elections, provisional Parliament etc were given immediate effect.
● The Constitution, is adopted on 26th November, 1949, contained a Preamble, 395 Articles divided into 22 Parts and 8 Schedules. Presently, it has 448 Articles divided into 25 Parts and 12 Schedules.
● The enforcement of Constitution was delayed till 26th January because, in 1929, on this day Indian National Congress demanded Poorna Swaraj in Lahore Session, Chaired by JL Nehru.
● The Constitution came into force on 26th January, 1950, known as Republic Day of India. The Constituent Assembly adopted our National Flag on 22nd July, 1947. It was designed by Pingali
Venkayya.
Preamble
● It is the preface or the introduction of the Constitution. It is an integral part of the Constitution. The interpretation of
the Constitution is based on the spirit of the Preamble.
● The Objective Resolution, drafted and moved by Pandit Jawaharlal Nehru and adopted by the Constituent Assembly, ultimately became the Preamble.
The idea of the Preamble was borrowed from the Constitution of USA.
● The words, Socialist, Secular and
Integrity were added by the 42nd
Constitutional Amendment Act in 1976.
The Preamble
‘‘WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Important Articles
Part I
Union and its Territories
(Article 1-4)
1. The Constitution says, “India, that is Bharat, shall be a Union of States”.
2. Admission or establishment of new States.
3. The Constitution empowers the
Parliament to form new States and to alter the areas, boundaries or names of existing States.
Note: Through J & K Reorganisation Act of 2019, the state of Jammu and Kashmir was divided into two Union Territory i.e. Union Territory of Ladakh and the Union Territory of Jammu and Kashmir.
Part II
Citizenship (Article 5-11)
The Citizenship Act of 1955 prescribes five ways to acquire citizenship of India
1. By birth
2. By descent
3. By registration
4. By naturalisation
5. By incorporation
Three modes of losing citizenship
1. Renunciation
2. Termination
3. Deprivation
Through Citizenship (Amendment) Act 2019 members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian religions minorities from Afghanistan, Bangladesh and Pakistan who entered India before 31st December, 2014 will be given Indian citizenship.
Part III
Fundamental Rights
(Article 12-35)
Rights to Equality (Article 14-18)
● Equality before Law (Article 14).
● Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.(Article 15)
● Equality of opportunity in matters of public employment. (Article 16)
● Abolition of untouchability (Article 17).
● Abolition of titles. (Article 18)
Rights to Freedom (Article 19-22)
● Protection of certain rights regarding;
Speech and expression, assembly,
association, movement, residence, and profession (Article 19)
● Protection in respect of conviction for offences. (Article 20)
● Protection of life and personal liberty (Article 21).
● Protection against arrest and detention in certain cases (Article 22).
Right to Education
Article 21A states that the state shall
provide free and compulsory education to all children of the age of 6-14 years.
Rights against Exploitation
(Article 23-24)
● Prohibition of human trafficking and forced labour (Article 23).
● Prohibition of employment of children in any factories, etc (Article 24).
Rights to Freedom of Religion
(Article 25-28)
● Freedom of conscience and right to profess, practice and propagate one’ religious beliefs. (Article 25)
Freedom to manage religious affairs (Article 26).
● Freedom from taxation for promotion of any particular religion (Article 27).
● Freedom from attendance of religious instructions or religious worship in certain educational institutions (Article 28).
Cultural and Educational Rights
● Protection of interest of minorities (Article 29).
● Right of minorities to establish and administer educational institutions (Article 30).
Freedom of Press is implicit in the
Article 19. Article 20 and 21 cannot be suspended even during National Emergency.(Article 352)
Right to Property under Article 19 (1) (f) was repealed by the 44th Amendment Act, 1978, and was made a legal right under Article 300A.
Rights to Constitutional Remedies
● Right to move to the Supreme Court (Article 32) and the High Courts (Article 226) in case of violation of the Fundamental Rights.
BR Ambedkar called Article 32 as the Heart and Soul of the Constitution.
● Writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto can be issued under this.(... Continue...)
PARLIAMENTARY TERMS
Quorum It is the minimum number of members required to transact the
business of the House. Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength
of the House.
Question Hour The first hour of every sitting of Parliament is called the Question Hour. Questions usually need a 10 day notice before being answered by the concerned minister.
Starred Questions To be answered orally on the floor of the House. Supplementary questions can be asked.
Unstarred Questions To be answered in writing. No supplementary questions may be asked.
Zero Hour Does not formally exist in the Parliamentary procedure. The hour after Question Hour is popularly known as Zero
Hour. Members raise matters which they feel urgent.
Adjournment Motion Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance. It can be moved by any member. Requires support from at least 50 members.
Calling Attention Motion A member may call the attention of a Minister to an urgent matter and the Minister may make a statement regarding it.
No Confidence Motion A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers. It can be introduced in the Lok Sabha only.
If the Motion is passed, the government must resign.
CONSTITUTIONAL AMENDMENTS
First Amendment Act, 1951 Added Ninth Schedule.
Seventh Amendment Act, 1956
Necessitated on account of reorganisation of States on a linguistic basis.
Fifteenth Amendment Act, 1963 Age of retirement of the Judges of High Court has been extended from 60 to 65 years.
Twenty Sixth Amendment Act, 1971
Abolished the titles and special privileges of former rulers of princely states.
Thirty Sixth Amendment Act, 1975
Made Sikkim a State.
Forty Fourth Amendment Act, 1978
The Right to Property was deleted from Part III. Article 352 was amended to provide ‘Armed Rebellion’ as one of the circumstances for declaration of
emergency.
Seventy Third Amendment Act, 1992
The institution of Panchayati Raj receive constitutional guarantee, status and legitimacy. XIth Schedule was added to deal with it. It also inserted Part IX, containing Articles, 243, 243 A to 243 O.
Eighty Ninth Amendment Act, 2003
The Act adds Article 338 A and provides for the creation of National Commission for Scheduled Tribes.
Ninety First Amendment Act, 2003
Amended the Anti-Defection Law and also made a provision that the number of ministers in the Centre and State Government, cannot be more than 15% of the strength of Lok Sabha and the respective Vidhan Sabha.
Ninety Third Amendment Act, 2005
To reserve seats for socially and
educationally backward classes, besides the Scheduled Castes and the Scheduled Tribes, in private unaided institutions other than those run by minorities.
Ninety Fifth Amendment Act, 2009
Extends the reservation of seats for
SC/STs in the Lok Sabha for another 10 years. In Article 334 of the Constitution, for the words ‘sixty years’, the words ‘seventy years’ was substituted.
Ninety Seventh Amendment, 2011
Amend- ment of Article 19(1)(i), Insertion of Article 43B, Insertion of Part IXB. This amendment gives constitutional status to cooperatives.
Ninety Eighth Amendment Act, 2012
(Insert Article 371 J) To empower the Governor of Karnataka to take steps to develop Hyderabad-Karnataka Region.
Ninety-Ninth Amendment Act, 2014 deals with replacing the collegium system for the appointments of the Judges of the
Supreme Court and the 24 High Courts. But Supreme Court of India has declared this unconstitutional and void.
One Hundredth Amendment Act, 2015 to give effect to the acquring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreements and its protocol.
One Hundredth One Amendment Act, 2016 with deals Goods and Services Tax
One Hundredth Two Amendment Act 2018 provides the
Constitutional status to National Commission for BackwardClasses.
One Hundredth Three Amendment Act 2018 provides 10% reservation to the economically backward classes of society.
