Important Acts:
Regulating Act,
1773
|
• British
government to regulate affairs of East India Company.
• Designated
Governor of Bengal as Governor General of Bengal. Warren Hastings was the
first
Governor General
of Bengal.
•
Established a Supreme Court at Calcutta (1774).
|
Pitts India Act,
|
1784 • Indian
affairs under direct control of British government.
•
Board of Control was established to manage political affairs.
|
Charter Act of
1793
|
• Salary of
company to drawn from the Indian exchequer.
• The Governor
General and governors to override the decision of Councils.
•
Company got monopoly of trade with India for another 20 years.
|
Charter Act of
1833
|
• Governor
General of Bengal became Governor General of India.
• Lord William
Bentinck was the first Governor General of India.
• The Act
centralized British rule in India.
• Created
Government of India, with authority over all of British India.
• East India Co.
lost its monopoly of tea trade and China trade.
•
The Indian Civil Services was founded.
|
Charter Act of
1853
|
• Separated
legislative & executive functions of Governor General’s Council.
• Civil Services
was thrown open to Indians also.
• Patronage of
the directors of the company ends.
• It introduced
local representation in the Indian (Central) Legislative Council.
•
It abolished the East India Company.
|
Government of
India Act 1858
|
• This Act is
known as the Act for the Good Government of India.
• Designation of
Governor-General of India was changed to that of Viceroy of India.
• Lord Canning
became the first Viceroy of India.
• It created a
new office of Secretary of State for India.
• It abolished
the Board of Control and Court of Directors.
•
The Secretary of State was responsible ultimately to the British Parliament.
|
Indian Councils
Act 1861
|
• Viceroy should
nominate some Indians as non-official members of his expanded council.
• It initiated
the process of decentralization by restoring the legislative powers to Bombay
and Madras Presidencies.
• It provided
for establishment of new legislative councils for Bengal, NWFP and Punjab.
•
It recognized the ‘Portfolio’ system, introduced by Lord Canning in 1859.
|
Indian Councils
Act:
1892
|
• It added the
number of non-official members in the central and provincial legislative
councils.
• The act made a
limited and indirect provision for the use of elections.
|
Indian Councils
Act:
1909 (Morley-Minto
Reforms.
|
• Lord Morley
was then the secretary of state for India and Lord Minto was then the viceroy
of
India).
• It increased
the size of the legislative councils, both central and provincial.
• It enlarged
the deliberative functions of the legislative councils of both the levels.
• It introduced
a system of communal representation for Muslims by accepting the concept of
‘separate
electorate’.
• Lord Minto is
known as the Father of Communal Electorate.
• It also
provided for association of Indians with the executive councils of the
Viceroy and
Governors.
|
Government of
India
Act: 1919/ Montague
- Chelmsford
Reforms.
|
• Montague was
the secretary of state for India and Lord Chelmeford was the viceroy of
India.
• This Act is
also known as Act of Devolution.
• It demarcated
and separated the central and provincial subjects.
• Provincial
subjects were divided into transferred and reserved subjects.
• It provided
for the establishment of a Public Service Commission.
• It created a
new office of the High Commissioner for India in London.
• Transferred
subjects were administered by Governor with the help of ministers who were
responsible to
the legislature.
• Reserved
subjects were administered by Governor and executive council who were not
responsible to
the legislature.
• Dyarchy/ Dual system
of government was introduced.
• Bicameral
legislature with
upper and lower houses were formed with direct elections.
• Majority of
members in both houses were directly elected.
• 3 of the 6
members of governor-general’s council had to be Indians.
|
Simon
Commission:
(1927)
|
• 7 members
Statutory Commission Constituted to report o the Condition of India under its
new
Constitution.
• The Commission
recommended the abolition of dyarchy, extension of responsible government
in the
provinces.
• Establishment
of a federation of British India and Princely states was recommended but it
never
came into
existence.
• A white paper
on constitutional reforms was prepared based on the recommendations of Simon
Commission.
|
Communal Awards:
(1932)
|
• Announced by
the British Prime Minister Ramsay MacDonal.
• It announced a
scheme of representation of the minorities, which came to be known as the
Communal Award.
|
Poona Pact:
(1932)
|
• Gandhiji
undertook fast undo death in Yeravada jail against the extension of Communal
Award.
• At last there
was agreement between the leaders of the Congress and the depressed classes.
|
Government of
India
Act: 1935
|
•• It provided
for the establishment of an all-India Federation consisting of provinces and
princely
states as units.
However such a federation never came into existence.
•• It abolished
dyarchy in the provinces and introduced ‘provincial autonomy’.
•• It provided
for the adoption of dyarchy at the centre.
•• It introduced
bicameralism in six out of eleven provinces.
•• It extended
the principle of communal representation by providing separate electorates
for depressed
classes
(Scheduled Castes), women and labour (workers).
•• It abolished
the Council of India.
•• It provided
for establishment of a Federal Court.
•• It provided
for the establishment of a Federal Public Service Commission.
•• It provided
for the establishment of Reserve Bank of India.
•• Introduced
responsible governments in provinces.
|
The August
Offer,
1940
|
• Establishment
of an Advisory War Council.
• A
“Constitution making Body” shall be appointed immediately after the war.
• The number of
Indians in the Viceroy’s Executive Council to be increased.
|
Cripps Mission:
1942
|
• The
Constitution of India was to be framed by an elected Constituent Assembly by
the Indian
People.
• India to get a
Dominion states.
• There shall be
on Union of India comprising all the British provinces and princely states.
• The British
provinces and princely states would be free to retain their existing
constitutional
position.
|
C.R. Formula,
1944
|
• The Muslim
League would support the Congress’s demand for complete freedom.
• As the end of
was a Commission would demarcate these contiguous areas in NWFP and NEI
where Muslims
were in majority.
|
Wavell Plan:
1945
|
• A new
Executive Council was to be formed at the Centre.
• Except the
Viceroy and the Commander in Chief, all other members of the new Executive
Council are to
be Indians.
• All portfolios
except the Defence would be held by the Indian Members
|
Lord Attlee’s
Announcement,
March
1946
|
• On 15 March
1946, Lord Attlee declared that as the tide of nationalism was surging ahead
in
India, it was in
British interest to take positive action.
|
Cabinet Mission
Plan: 1946
|
• Objective of
the Mission was to help India achieve its independence as early as possible.
• The Cabinet
Mission rejected the claim for a separate Constituent Assembly and a separate
state
for the Muslim.
• There was to
be a Union of India, comprising both British India and the states having
jurisdiction
over the
subjects of Foreign Affairs, Defence and Communication.
• All residency
powers were to be vested in the Provinces and the states.
• The Union was
to have an executive and a legislature consisting of representatives of the
Provinces and
the states.
• A Constituent
assembly should be set up to draw up the future Constitution of the country.
|
Indian
Independence
Act, 1947
|
• It abolished the
office of Viceroy and provided for each dominion a governor general.
• It empowered
the constituent Assemblies of the to dominions to frame and adopt any
constitution
for their
respective nations.
• It abolished
the office of the Secretary of State for India.
• It granted
freedom to the Indian princely states either to join the Dominion of India or
Dominion
of Pakistan or
to remain independent.
• Declared India
as independent & sovereign state.
• Established
responsible government at the centre & Provinces.
• Designated
governor general of India & Provincial Governors as Constitutional heads
or
nominal heads.
• Lord mount
batten became the first governor general of free India. The first & last
Indian
Governor General
was C. Rajagopalachari.
|
INTERIM GOVERNMENT in
1946
S.
no.
|
Members
|
Portfolio
|
1.
|
Jawahar lal
Nehru
|
External Affairs
and
Commonwealth
Relations
|
2.
|
Sardar
Vallabhbhai
Patel
|
Home,
Information
and Broadcasting
|
3.
|
Dr Rajendra
Prasad
|
Food and
Agriculture
|
4.
|
Dr John Mathai
|
Industries and
Supplies
|
5.
|
Jagijvan Ram
|
Labour
|
6.
|
Sardar Baldev
Singh
|
Defence
|
7.
|
CH
Bhabha
|
Works, Mines and
Power
|
8.
|
Liaquat
Ali Khan
|
Finance
|
9.
|
Abdur Rab
Nishtar
|
Posts and Air
|
10.
|
Asaf
Ali
|
Railways and
Transport
|
11.
|
C
Rajagopalachari
|
Education and
Arts
|
12.
|
Ibrahim Ismail Chundrigar
|
Commerce
|
13.
|
Ghaznafar Ali
Khan
|
Health
|
14.
|
Joginder Nath
Mandal
|
Law
|
FIRST CABINET OF FREE
INDIA
S.
No.
|
Members
|
Portfolio
|
1.
|
Pt. Jawaharlal
Nehru
|
Prime Minister,
External
Affairs and
Commonwealth Relation;
Scientific
Research
|
2.
|
Sardar
Vallabhbhai
Patel
|
Home, Information
and
Broadcasting;
States
|
3.
|
Dr. Rajendra
Prasad
|
Food
and Agriculture
|
4.
|
Maulana Abul
Kalam
Azad
|
Education
|
5.
|
Dr. John Mathai
|
Railways
and Transport
|
6.
|
RK Shanmugham
Chetty
|
Finance
|
7.
|
Dr. BR Ambedkar
|
Law
|
8.
|
Jagjivan Ram
|
Labour
|
9.
|
Sardar Baldev
Singh
|
Defence
|
10.
|
Raj Kumari Amrit
Kaur
|
Health
|
11.
|
C.H. Bhabha
|
Commerce
|
12.
|
Rafi Ahmed
Kidwai
|
Communication
|
13.
|
Dr. Shyama
Prasad
Mukherji
|
Industries and
Supplies
|
14.
|
V.N. Gadhil
|
Works, Mines and
Power
|
Sources from where elements
of Indian Constitution have been borrowed:
S.no.
|
Country
|
Provision(s)
borrowed
|
1.
|
Government
of India Act,
1935
|
• Federal
scheme.
• Emergency
powers.
• Ordinance
defining the power of the
President and
Governors.
• Office of the
Governor.
• Judiciary.
• Administration
at the centre and
state level.
|
2.
|
United
Kingdom
|
• Parliamentary
system.
• Bicameral
parliament.
• Prime
minister.
• Council of
ministers.
• Single
citizenship.
• Office of CAG.
• Writ
jurisdiction of courts.
• Rule of law.
|
3.
|
USA
|
• Written constitution.
• Fundamental
rights.
• Supreme Court.
• President as
executive head of the state.
• Impeachment of
the president, removal of
SC and HC
judges.
• Vice President
as chairman of Rajya Sabha.
• Judicial
review, independence of
judiciary.
|
4.
|
Australia
|
• Concurrent
list.
• Cooperative
federalism.
• Joint sitting
of two houses of parliament.
|
5.
|
USSR
|
• Fundamental
duties.
|
6.
|
Weimer
Constitution
of Germany
|
• Suspension of
fundamental rights during
emergency.
• Ballot system.
|
7.
|
Canada
|
• Federal system.
• Residuary
powers.
• Appointment of
Governor.
• Advisory
jurisdiction of SC.
|
8.
|
South
Africa
|
• Procedure of
constitutional amendment.
• Electing
member to Rajya Sabha.
|
9.
|
Ireland
|
• Concept of
directive principles
of state
policy.
• Nomination of
members to Rajya
Sabha
by the
President.
• Presidential
election.
|
Making of Indian
Constitution:
1.
The first non-official attempt for
drafting a Constitution of India was made in the form of “The Constitution of
India Bill” in 1985.
2.
The idea of Constituent Assembly for making
the Constitution was first mooted by M. N. Roy in 1934.
3.
Official
demand for formation of Constituent Assembly was made by Indian National
Congress in 1935.
4.
The
demand was accepted in August Offer in 1940.
5.
In
November, 1946 a Constituent Assembly was formed as per Cabinet Mission plan.
6.
The
idea of two constituent assemblies was rejected by the Cabinet Mission plan.
Composition of the
Constituent Assembly:
1. The total strength
of the Constituent Assembly was to be 389. (296 seats were allotted to British
India and 93 seats to be Princely states).
2. Each province and
princely state were to be allotted seats in proportion to their respective
population.
3. Seats to each
British province were to be divided among the Muslims, Sikhs and General.
4. Voting was to be
held by the method of proportional representation by means of single
transferable vote.
5. The members from
princely states were to be nominated by the heads of the princely states.
6. Therefore, the
Constituent Assembly was partly elected and partly nominated.
7. Although the
Constituent Assembly was not directly elected by the people of India on the
basis of adult franchise, the Assembly comprised representative of all sections
of Indian society.
8. First meeting of
Constituent Assembly was held on Dec 9, 1946.
9. Muslim League
boycotted the constituent assembly.
10. Dr. Sachidanand
Sinha, the senior most member of the assembly, was elected as the temporary
president of the assembly.
11. Dr. Rajendra
Prasad was elected as the permanent president of the assembly.
12. Sir B. N. Rau was
appointed as the legal advisor to the assembly.
13. An Objective
Resolution’ was moved by Jawaharlal Nehru on Dec. 13, 1946,
which later became the Preamble to the constitution.
14. On the 26th November,
1949 the Constitution was declared as passed after the President of the
Assembly signed the document. Thus on 26th November, 1949 the
constitution of India was adopted. Thecommencement of the constitution
began on 26th Jan. 1950.
15. Provisions
relating to citizenship, elections, provisional parliament, and temporary
provisions became effective from 26th November, 1949.
16. On January 24,
1950 the constituent assembly held its final session. It had continued as a
provisional parliament from 26 January, 1950 till the formation of new
parliament in May, 1952.
17. First ‘Draft
Constitution of India’ was published in Feb, 1948. It was prepared by Sir
B. N. Rau, Constitutional Advisor to the Constituent Assembly.
18. Dr. B. R. Ambedkar
is considered the father of the Indian constitution.
19. The constituent
assembly took almost 3 years (2 years, 11 months & 18 days) to draft the
constitution for independent India.
20. It held 11
sessions covering a total of 165 days.
Committee
of the Constituent Assembly and its Members:
S.
no.
|
Committee
|
Chairman
|
1.
|
Drafting
Committee
Members:
• Alladi
Krishnaswamy Ayyar
• N. Gopala
Swami Ayyangar
• Dr. KM Munshi
• Syed Mohammad
Saadullah
• N Madhava Rao
•
TT Krishna Machari
|
Dr.
B.R. Ambedkar
|
2.
|
Flag Committee
|
J.
B. Kriplani
|
3.
|
Union
Constitution Committee
|
Jawaharlal Nehru
|
4.
|
Provincial
Constitution Committee
|
Sardar Vallabh
Bhai
Patel
|
5.
|
Union Powers
Committee
|
Jawaharlal
Nehru
|
6.
|
Committee on
Fundamental
Rights and
Minorities
|
Sardar Vallabh
Bhai Patel
|
7.
|
Special
Committee to Examine
the Draft
Constitution
|
Alladi
Krishnaswamy
Iyer
|
8.
|
Finance &
Staff Committee
|
Dr. Rajendra
Prasad
|
9.
|
Ad-hoc Committee
on Supreme
Court
|
S. Varadachariar
|
10.
|
Ad-hoc Committee
on National
Flag
|
Dr. Rajendra
Prasad
|
11.
|
Committee on
Chief Commissioners’
Provinces
|
B. Pattabhi
Sitaramayya
|
Salient
Features of Indian Constitution:
(i) Bulkiest
Constitution of the World
Indian
Constitution is the one of longest Constitution in the world. Originally it
contained
395 Articles, 22
Parts and 8 Schedules. After amendments till date, there are more than 447
Articles, 24 Parts
and 12 Schedules.
(ii) Combination
of Rigidity and Flexibility
The Indian
Constitution is a combination of rigidity and flexibility. While some
provisions of the Constitution
can be amended by
the Parliament by a simple majority, others require a two-third majority of the
members of
the parliament as
well as ratification of not less than one half of the state legislatures
(Article 368). Again, some
provisions of the
Constitution can be amended by the parliament alone by a two-third majority.
(iii)
Parliamentary System of Government
The Constitution
provides for a parliamentary system of government under which the real
executive power rests
with the council
of ministers and the president is only a nominal head. The council of ministers
stay in office as
long as they enjoy
the confidence of the Parliament.
(iv) Federal
System with a Unitary Bias
The Indian
Constitution provides for a federation with a strong centre. It is noteworthy
that the Constitution
has not used the
word ‘federation’, anywhere, and has described India as a ‘Union of
States’ which implies that
the Indian
federation is not the result of any agreement among the units and the units
cannot secede from it. India possesses most of the federal features but
also several of the unitary features. The Indian federal structure acquires a
unitary character during emergency, when the normal distribution of powers
between the centre and the states undergoes vital changes.
As per KC Wheare
India has a quasi federal setup.
Morris Jonnes called it as Bargaining
Federalism & Granville Austine called it as Cooperative Federalism.
India is a
distinct federation with following characteristics:
·
Division
of power.
·
▪▪
Bicameral legislature.
·
▪▪
Supremacy of the constitution.
·
▪▪
Written constitution.
·
▪▪
Independency of Judiciary.
Constitution has a unitary bias:
·
Appointment of Governors by the centre.
·
Parliament’s power to legislate in national
·
interest.
·
Parliament’s power to form new states, change
·
their
names and alter boundaries of existing
·
states.
·
Emergency
provisions.
·
Single
constitution.
·
Single citizenship.
·
Integrated
judiciary.
·
Office
of CAG.
(v) Fundamental
Rights
The Constitution
contains an elaborate list of Fundamental Rights. The state cannot make laws
which takes away
or abridge any of
the fundamental rights of the citizens. If it does so, the courts can declare
such a law as
unconstitutional. It may be noted
that the fundamental rights granted by the Constitution are not absolute and
are subject to
certain restrictions. In other words, the Constitution seeks to strike a
balance between individual
liberty and
societal interests.
(vi) Fundamental
Duties
The constitution
also contains a list of 11 fundamental duties. While ten of these duties
were added to the
Constitution by
the forty second amendment in 1976, the eleventh duty was added
by the 86th Constitutional
Amendment Act
(2002). These duties serve as constant reminders to the citizens that they have
to observe certain
basic norms of
democratic conduct.
(vii) Directive
Principles of State Policy
The Constitution
outlines certain Directive Principles of State Policy which the government has
to keep in mind
while formulating
any policy. These principles seek to provide social and economic basis for
democracy and the
establishment of a
welfare state. Unlike the Fundamental Rights, the Directive Principles of State
Policy are nonjusticiable, which implies that no action can be brought
against the State before a court of law for its failure of
implementing the
Directive Principles of States policy.
(viii) Secular
State
The Constitution
makes India a secular state. This means that there is no state religion and the
state is completely
detached from
religious dogmas. It also implies that citizens are free to profess, practise
and propagate any
religion. However,
freedom of religion is not absolute and the same can be regulated in the
interest of the public.
(ix) Independent
& Integrated Judiciary
The Constitution
provides for an independent judiciary which ensures that the government is
carried on in accordance with the provisions of the Constitution. Judiciary
acts as the guardian of the liberties and
fundamental rights
of the citizens. It also determines the limits of the powers of the centre and
the states.
The Constitution
provides a single integrated judiciary with the Supreme Court at the top. Below
the Supreme
Court, there are
high Courts at the state level. Under the High Court, there are Subordinate
courts.
(x) People as
Source of Authority
The constitution
draws its authority from the people and has been promulgated in the name of the
people. This is
evident from the
Preamble which states ‘We, the people of India... do hereby adopt, enact and
give to ourselves
this
Constitution.’
(xi) Universal
Adult Franchise
The Constitution
introduces universal adult franchise and accords the right to vote to all
citizens above 18
years of age
without discrimination. However, it makes reservation of seats for Scheduled
Castes and Scheduled
Tribes to provide
them adequate representation.
(xii) Emergency
Provisions
The Constitution
vests extraordinary powers in the President during emergencies arising out of armed
rebellion or external
aggression; emergency due to the breakdown of constitutional machinery in
the state;
and financial
emergency when the credit of the country is threatened. In fact, during
emergency the federal
Constitution can
virtually be converted into a unitary Constitution.
(xiii) Single
Citizenship
It provides single
citizenship. All persons residing in different parts of the country are treated
as Indian citizens
and are entitled
to the same rights of citizenship. There is no separate citizenship of states.
(xiv) Bicameral
Legislature
It provides a
bicameral legislature at the centre consisting of the Lok Sabha and the Rajya
Sabha. The former
contains
representative of the people, while the latter contains representatives of the
states.
(xv) Special
Provision of Minorities
The Consitution
makes special provision for minorities, Scheduled Castes, Scheduled Tribes,
etc. It not only
reserves seats for
them in the Parliament and State legislatures, but also grants them certain
special rights
and privileges.
(xvi) Panchayati
Raj
The Constitution provides
constitutional basis to Panchayati Raj institutions as well as urban local
bodies.
This was achieved
through the seventy-third and seventy-fourth amendments to the
Constitution carried
out in December
1992.
(xvii) Synthesis
of Parliamentary Sovereignty and Judicial Supremacy:
a. The doctrine of
Sovereignty of Parliament is associated with the British Parliament while the
principle of judicial supremacy with that of the American Supreme Court.
b. The American Constitution provides for ‘due
process of law’ against that of ‘procedure established by law’contained in the
Indian Constitution. The Supreme Court through its power of judicial review can
declare the laws passed by the Parliament as unconstitutional. On the other
hand, the Parliament can amend major portions of the Constitution.
(xviii) Basic
Structure Doctrine.
Certain features
of the constitution are beyond the amending powers of the Parliament. All laws
and
constitutional
amendments which transgress the basic structure are liable to be struck down.
Some of the
major features of
the basic structure include; supremacy of the Constitution, republican form of
government,
secularism,
federal character, sovereignty of the country, parliamentary democracy,
fundamental rights, directive
principles etc. In
Kesavananda Bharati Vs State of Kerala case 1973, Supreme Court
propounded the
doctrine of basic
structure of the constitution.
SCHEDULES IN
CONSTITUTION OF INDIA:
Schedule
|
Subject matter
|
First Schedule
|
1. Names of the
States and their territorial jurisdiction
2. Names of the
Union Territories and their extent.
|
Second Schedule
|
Provisions
relating to the emoluments, allowances, privileges
and so on :
1. The President
of India
2. The Governors
of States
3. The Speaker
and the Deputy Speaker of the Lok Sabha
4. The Chairman
and the Deputy Chairman of the Rajya
Sabha
5. The Speaker
and the Deputy Speaker of the Legislative Assembly in the states
6. The Chairman
and the Deputy Chairman of the Legislative Council in the states
7. The Judges of
the Supreme Court
8. The Judges of
the High Courts
9. The
Comptroller and Auditor-General of India
|
Third Schedule
|
Forms of Oaths
or Affirmations for:
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
7. The
candidates for election to the state legislature
8. The members
of the state legislature
9. The judges of
the High Courts
|
Fourth Schedule
|
Allocation of
seats in the Rajya Sabha to the states and the union territories
|
Fifth Schedule
|
Provisions
relating to the administration and control of
scheduled areas
and scheduled tribes
|
Sixth Schedule
|
Provisions
relating to the administration of tribal areas in the states of Assam,
Meghalaya, Tripura and Mizoram.
|
Seventh Schedule
|
Division of
powers between the Union and the States in
terms of List I
(Union List), List II (State List) and List III (Concurrent List). Presently,
the Union List Contains 100 subjects (originally 97), the state list contains
61 subjects (originally 66) and the concurrent list contains 52 subjects (originally
47).
|
Eighth Schedule
|
Languages
recognized by the Constitution.
Originally, it
had 14 languages but presently there are 22 languages.
They are:
Assamese, Bengali, Bodo, Dogri (Dongri),
Gujarati, Hindi,
Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi,
Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu.
Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and
Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili
and Santhali were added by the 92nd Amendment Act of 2003.
|
Ninth Schedule
|
Acts and
Regulations (originally 13 but presently 282)19 of the state legislatures
dealing with land reforms and abolition of the Zamindari system and of the
Parliament dealing with other matters. This schedule was added by the 1st
Amendment (1951) to protect the laws included in it from judicial scrutiny on
the ground of violation of fundamental rights.
However, in
2007, the Supreme Court ruled that the laws included in this schedule after
April 24, 1973, are now open to judicial review.
|
Tenth Schedule
|
Provisions
relating to disqualification of the members of
Parliament and
State Legislatures on the ground of defection.
This schedule
was added by the 52nd Amendment Act
of 1985, also
known as Anti-defection Law.
|
Eleventh
Schedule
|
Specifies the
powers, authority and responsibilities of Panchayats.
It has 29
matters. This schedule was added by the
73rd Amendment
Act of 1992.
|
Twelfth Schedule
|
Specifies the
powers, authority and responsibilities of Municipalities.
It has 18
matters. This schedule was added by
the 74th
Amendment Act of 1992.
|
PARTS
OF CONSTITUTION:
Preamble
The
term Preamble refers to the introduction or preface to the constitution. It
provides a key to the understanding and interpretation of the constitution, it
has, therefore, been described as the soul of the constitution. In cases of
doubt the supreme court has referred to the preamble to elucidate vague aspects
of the constitution.
The
Constitution of India is preceded by a preamble which:
(i)
indicates the source from which it derives authority; and
(ii)
state the objective which the constitution seeks to achieve.
It has
been amended by the 42nd Amendment Act 1976 which added 3 new words– Socialist,
Secular & Integrity.
‘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 we do hereby adopt, enact and
give to ourselves this Constitution.’
·
Supreme
Court has pronounced that Preamble is an integral part of the Constitution. The
importance and utility of the Preamble has been highlighted in several decision
of Supreme Court.
·
The
word sovereign means that India is both internally as well as
externally free and is not dependent upon any outside authority.
·
The
term ‘socialist’ in the Preamble refers to eliminationof
inequality in income and status and standards of living.
·
Secularism implies that the state is only concerned
with relations between various citizens and is not concerned with relations of
man with God. Further, it means that the state has no religion of its own.
·
The
term Democratic implies that the government draws its authority
from the people. The rulers are elected by the people and are accountable to
them.
·
The
word republic implies that the head of the state in India shall
be an elected person and shall hold office for a fixed term. The President of
India is the chief executive head of India.
Justice
The preamble
speaks of social, economic, and political justice.
Social justice implies that
discrimination on the basis of caste, race, sex or religion should cease.
Economic justice implies that the
gap between the rich and the poor is bridged, and that exploitation ceases.
Political justice implies that all
citizens should have equal opportunity to participate in the political system.
Liberty
Derived from latin
word ‘liber’ means freedom. Certain minimal rights must be enjoyed by every
person in a community for a free and civilised existence.
Equality
All citizens are
equal before law and enjoy equal protection of the laws of the land.
Fraternity
Fraternity means a
sense of brotherhood. Fraternity is also sought to be promoted by
ensuring equal rights to all. Fraternity is not possible unless the dignity of
each individual is presented and respected.
Significance of
the Preamble
·
The
Preamble embodies the basic philosophy and fundamental values – Political,
Moral and Religious on which the Constitution is based.
Views on Preamble:
•• “The Preamble
to our Constitution expresses what we had thought or dreamt so long”. – Sir
Alladi Krishnaswami Iyer.
•• “Preamble is
the ‘horoscope of our Sovereign democratic republic”. – K. M. Munshi
•• “Preamble is
key to the constitution. It is the soul of the Constitution”. – Pandit Thakur
das Bhargava.
•• “Preamble is the
‘Key-note’ to the Constitution. – Sir Ernest Barker.
Preamble as part
of the Constitution
•• The current
opinion held by the Supreme Court that the Preamble is a part of the
Constitution.
•• However it
should be noted that :
1. T he
Preamble is neither a source of power to legislature nor a prohibition upon the
powers of legislature.
2. It is
non-justifiable, that is, its provisions are not enforceable in courts of law.
Whether Preamble
can be amended?
•• The Supreme
Court held that the Preamble is a part of the Constitution.
•• Preamble can
be amended, subject to the condition that no amendment is done to the
‘basic features’.
•• The Preamble
has been amended only once so far in 1976, by the 42nd Constitution Amendment
Act, which has added three new words – Socialist, Secular and Integrity
to the Preamble.
The Union and its
Territory
Part 1 of the
Constitution comprises four Articles concerned with the territory of India. Article
1 stipulates that India, that is Bharat, shall be a Union of
States. The states and territories of India are to be specified in the First
Schedule. It is to be noted that the expression, ‘Union of India’, is not
synonymous with ‘the territory of India’; the ‘Union’ includes only the States
which are members of the federal system and share a distribution of powers with
the Union while the ‘territory of India’ includes the entire area over which
the sovereignty of India extends.
The makers of the
Indian Constitution, gave the Union Parliament the power to reorganise the
States by a simple procedure. In the original Constitution there were four
categories of States and Territories. But since the Seventh Amendment Act,
1956, all the States (except for Jammu and Kashmir) belong to one class and all
the constitutional provisions relating to States apply to all of them in the
same manner. As for the administration of the certain Scheduled Areas and
Tribal Areas within the States, the provisions are specially listed in the Fifth
and Sixth Schedules. The Union Territories are centrally administered according
to provisions contained in Part VII of
the Constitution.
They are governed by the President through an administrator appointed by him. At
present, there are 29 states & 7 Union Territories.
Citizenship Meaning
of Citizenship
The population of
a state is divided into two classes – Citizens and aliens. While citizens enjoy
full civil and political rights, aliens do not enjoy all of them. Citizens are
members of the political community to which they belong.
Citizens are full
members of the Indian state and owe allegiance to it. They enjoy all civil and
political rights.
Part II of
constitution (Articles 5-11) contains provisions relating to
citizenship of India. In brief:
Article 5 - citizenship at
the commencement of the constitution.
Article 6 - rights of
citizenship of certain persons who have migrated to India from Pakistan.
Article 7 - rights of
citizenship of certain migrants to Pakistan;
Article 8 - right of
citizenship of certain persons of India origin residing outside India.
Article 9 - persons
voluntarily acquiring citizenship of a foreign state not be citizens.
Article 10 - continuance of
the rights of citizenship.
Article 11 - parliament to
regulate the right of citizenship by law.
•• The
Constitution of India provides for single citizenship.
All persons
residing in different parts of the country enjoy Indian citizenship (Article
5). There is no separate citizenship of states. According to the
Constitution, the following
three categories
of persons are entitled to citizenship:
1. Person domiciled
in India,
2. Refugees who
migrated to India from Pakistan,
3. Indians living
in other countries.
•• Domiciled persons
include those with permanent homes in India, persons born in India, persons
either of whose parents was born in Indian territory, and persons ordinarily
residing in India
for at least five years before the commencement of the Constitution, provided
they had not voluntarily acquired the citizenship of some foreign country.
Acquisition and
Termination of Citizenship:
Rules regarding
acquisition and termination of Indian citizenship have been laid down in the Citizenship
Act of 1955. A person can acquire citizenship of India in five ways.
1. Citizenship by
Birth
A person born in
India on or after January 1950 is treated as citizen of India by birth.
2. Citizenship by
Descent
A person who was
residing outside India on or after 26 January 1950 is treated as a citizen of
India by descent if his
father was citizen
of India at the time of his birth.
3. Citizenship by
Registration
The following
categories of persons can be registered as citizens of India on application by
the prescribed authority:
(a) persons of
Indian origin who are ordinarily resident in India for five years before filing
of application for registration.
(b) persons of
Indian origin who are ordinarily resident in of any country or place outside
India.
(c) women who are
married to citizens of India.
(d) minor’
children of persons who are citizens of India.
(e) persons of
full age and capacity who are citizens of Commonwealth countries or the
Republic of Ireland.
4. Citizenship by
Naturalisation
A person can
acquire citizenship of India through naturalisation if he (a) belongs to a
country where the citizens of India are allowed to become subjects or citizens
of that country by naturalisation;
(b) renounces the
citizenship of his country and intimates the renunciation to the government of
India;
(c) has been residing
in India or serving the government for 12 months before the date of making
application for naturalisation;
(d) possesses a
good character;
(e) possesses
workable knowledge of an Indian language;
(f) intends to
reside in India or to serve under the Government of India after naturalisation.
However, the Government of India can
waive any or all of the above conditions in case of a person who has rendered
distinguished service in the cause of philosophy, science, art, literature,
world peace and the like.
5. By
Incorporation of Territory
If any new
territory is added to India, the Government of India can specify the persons of
the territory who shall be citizens of India by reasons of their connection
with that territory.
Citizenship can be
terminated in three ways:
(a) A citizen may
voluntarily renounce his citizenship by making necessary declaration to this
effect in the
prescribed form.
Usually citizenship is renounced by a citizen who wants to become the national
to another
country.
(b) The
citizenship can be terminated if a person voluntarily acquires the citizenship
of any other country by
naturalisation,
registration or otherwise.
(c) The Central
Government can deprive a naturalised citizen of his citizenship, if it is
satisfied that the citizenship was acquired by fraud, false representation
or concealment of material facts; or if the person shows disloyalty
towards the Indian Constitution or indulges in trade with enemy countries
during war; or if the person has been sentenced to imprisonment for a period of
two years or more within five years of his registration of naturalisation or if
he has been continuously residing out of India for more than seven years.
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