Polity#6 Preamble and other Fundaes

Structure and framework of Indian constitution

Adopted and enacted on Nov 26, 1949

“Sovereign, socialist, secular, democratic, republic”

The words- socialist, secular, unity and integrity- added by 42nd amendment- 1976

Preamble- not enforceable by law

Berubari case- The SC had taken the view that the Preamble is not a part of constitution and but later, in Keshavananda Bharati case- Preamble declared as a part of constitution

Basic elements cannot be amended.

Integration and merger of states:

State reorganisations- threefold process- Patel's scheme- Vallabhai Patel was minister of home affairs

• 216 states were merged geographically- included in part B- 1st schedule. Orissa and chattisgarh- 1st merger
• 61 states in part C
• union of states- 275 states were integrated to five unions
• Later 7th amendment cancelled part B and included both part A and B in a single list

The Union and its territories:

• Article 1- union of states- union territories and territory acquired
• UT is not included in union of states
• 1st schedule- state and its territories
• Change of boundaries, creation of new state, merger of states- these bill can be introduced in both houses- only on the recommendation of the president
• President only refers the concerned state, the bill requires simple majority between the states.
• State reorganization act-1956- 14 states and 6 UTs were formed
• The Bombay reorganization act- 1960- Gujarat and Maharashtra
• Punjab was divided into Punjab and Haryana
• UT of himachal was made himachal state in Hp act-1970
• Sikkim was made the state of India by 36th amendment
• 2013- Telangana- 29th state

Citizenship- single citizenship, person residing or parents residing in India at the time of constitution. A person residing in India for more than 7 years- can seek citizenship by naturalization.

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Polity #5 Important Features of the Constitution.

Indian constitution- lengthy and most comprehensively written constitution-sufficiently flexible

Federal System with a unitary bias.

• Consti provides for a Federation with a strong centre.
• Describes India as a “Union of States”.
• Both federal and unitary features.
• Federal structure acquires a unitary character during emergency.
• (The federal and unitary features are dealt with in detail in the end.)

Fundamental Rights

• Consti has an elaborate lists of Fundamental Rights which cannot be taken away or abridged.

Fundamental Duties

• 11 fundamental duties. 10 added by 42nd Amendment, 1976, 11th added by the 86th Amendment, 2002.

Directive Principles of State Policy

• Non-justiciable.

Bicameral Legislature

• Lok Sabha and Rajya Sabha

Rule of Law

• No person can be punished expression for the breach of an existing law.
• All persons are equal before law.
• The Consti is the Supreme law of the land. Laws made must adhere to it.

Single Integrated Judiciary

• One Supreme Court with High courts under it and Subordinate courts under it.

Provision of Independent Bodies

• Election Commission.
• Comptroller and Auditor General
• Public Service Commissions (union&state)
• (Salaries drawn from the Consolidated Fund of India)

Other

Secular State - People as source of authority (“We, the people of India…”) - Universal Adult Franchise - Emergency Powers - Single Citizenship - Special Provisions for Minorities - Panchayati Raj - Independent Judiciary - Strikes balance between Constitutional supremacy and Parliamentary sovereignty.

Panchayati raj- art-40 of part-4, 73rd amendment, municipality- 74th amendment

Federal and unitary features

Indian constitution- both federal and unitary features

Federal features:

• Distribution of powers between centre and state in three lists (central, state and concurrent lists)
• Neither centre nor state alone has the power to alter the constitution, and an amendment procedure is clearly mentioned.
• Amendment should be made by the parliament, if it affects the federal structure- should be ratified by at least half of the state legislature.
• Independent and single unified judiciary.

Unitary features:

• Single citizenship, in other federal states often have dual citizenship
• Residuary powers  belong to the centre, union list is to be legislated upon by the centre only
• However Centre can also indulge in concurrent list
• In case of a clash between centre and state legislations, the central legislation will prevail.
• The proclamation of national emergency can immediately change the nature from federal to unitary.
• In federation each state should get equal representation- but in india- allocation is by population and president can nominate 12 persons
• Governors are appointed by the President
• Comptroller and auditor general and chief election commissioner have equal authority over centre and states.
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Polity #4 : Constituents of the Constitution

PDF available, here.
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Part-I

Art- 1-4

The union and its territory


Part-II
Art-5-11
Citizenship


Part- III
Art-12-35
Fundamental Rights

Right to equality- 14-18

• 14- equality before law
• 15-no discrimination on grounds of religion, race, caste, sex, birth
• 16-equal opportunity in employment
• 17- abolition of untouchability
• 18- abolition of titles

Right to freedom-19-22

• 21- protection of life and personal liberty
• 21-A- right to education
• 22- protection against arrest and detention in certain cases

Right against exploitation-23-24

• 23-traffic in human being and forced labour
• 24-prohibition of employment of children in factories

Right to freedom of religion-25-28

Cultural and educational rights-29-30

• 29- protection of interests of minorities
• 30- right of minorities to administer educational institutions

Saving certain laws- 31A to 31C
Right to constitutional remedies-32-35
33-power of parliament


Part-IV
Directive principles of state policy
Article 36-51

• 39- principles and policies to be followed by the state
• 39A-equal justice and free legal aid
• 40- organization of village panjayats
• 43-wage for workers
• 43A- participation of workers in management industries
• 44- uniform civil code for citizens
• 46- education to sc and sts
• 47- health improvement by state
• 48-agriculture and animal husbandry protection
• 48A- environment and wildlife
• 49- monuments and national important places protection
• 50- separation of judiciary from executive
• 51- promotion of international peace and security

Part-IV A- fundamental duties


Part- V- the union
5- chapters

Chapter-1- The executive

• 52- president of india
• 53- executive power of union
• 54-election of president
• 61- impeachment of president
• 63- vice president
• 64- vice president as ex office chairman of council of states
• 65- vice president to act as president in time of vacccancy
• 66- election of vice president
• 74- council to aid and advice president
• 75- Prime minister
• 76- attorney general of india

       Chapter-2- parliament

• 79- constitution of parliament
• 80- rajya sabha- council of states
• 81- lok sabha- house of people
• 83- duration of houses
• 85-sessions of parliament
• 86- right of president to address the houses
• 87- special rights of the president
• 89-chairman and deputy chairman, 90- resignation
• 93- speaker, deputy speaker, 94- resignation
• 95- power of deputy speaker to act as speaker
• 98- secretariat of parliament
• 108- joint sitting
• 110-money bills
• 112- budget
• 120-language to be used in parliament’
• 122- courts cannot inquire into the proceedings of the parliament

Chapter-3- legislative powers of president

• 123-power of president to promulgate ordinances during recess of parliament

Chapter-IV- Union Judiciary

• 124- establishment and constitution of supreme court
• 125- salaries of judges
• 126- appointment of acting chief justice
• 143-power of president to consult supreme court
• 144- civil and judicial authorities to act in aid of supreme court

Chapter-V- comptroller and auditor general of india

• 148- comptroller and auditor general of india
• 149- duties and powers of him

Part-VI- The states
Art-152-237- state level legislature, high courts and subordinate courts

Part-VIII- The union Territories-239-241

Part-IX- The Panchayat- 243-243O

Part-IX-A- The municipalities

Part IX-B- the cooperative societies
Part X- the scheduled and tribal areas

Part-XI- relation between union and states

Part-XII-  finance, property, suits


Art 300-A- Right to property


Part- XIII- trade, commerce within india

Part- XIV- services under the union and states
Art-309-323

• 309- recruitment
• 310-tenure
• 311- dismissal, removal
• 312- all india services
• 315- PSC

Part-XIV-A-Tribunals

Part-XV- Election
326- election through adult suffrage

Part-XVII- official languages

Part-XX- amendment of the constitution

Last part- Part-XXII

Totally- 22 parts, 395 articles initially. 25 parts 448 articles, now

Schedules of Indian Constitution:

Initially-8 schedules- and 4 were added later

1st schedule- 28 states, 7union territories

2nd schedule- salaries

• Part A- salary- president and governor
• Part-B-omitted
• Part-C- salary of speaker, deputy, chairman/voce chairman of lok and rajya
• Part-D-salary- judges- supreme and high
• Part-E-salary- comptroller and auditor general of India

3rd schedule-oaths of both houses

4th schedule-allocation of seats in Rajya Sabha- states and UTs

5th schedule – administration of Scheduled areas and Sts

6th schedule- Administration of tribal areas of north eastern states

7th schedule – distribution of power between union and states- union, state and concurrent list
8th schedule- description of 22 languages

9th schedule- validation certain acts and regulations

10th schedule- provision as to disqualification- anti-defection law

11th schedule- panchayats power – 73rd amendment

12th schedule- 74th amendment

Polity #3 : Sources of the Constitution

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Skeleton of the Indian constitution – Govt of India Act -1935
Govt of India Act-1935- blue print, features of federal system, office of governor, powers of Federal Judiciary.

Britian: 

• Bicameral parliamentary system, rule of law, law making procedure
• single citizenship

USA:

• Fundamental rights 
• Preamble 
• functions of president (as executive head) and vice president
• independence of judiciary,  judicial review, removal of judges of supreme court and high court

Canada:

• Federation with strong centre, residuary powers to the centre
• Advisory power of Supreme Court

Ireland:

• Directive principles of state policy
• Election of President and nominations of members of Rajya Sabha by President

Weimar constitution of Germany:

• Suspension of fundamental rights during emergency

Australia:

• Concurrent list, trade and commerce provisions

South Africa:

• 2/3 rd majority in parliament for amendments 
• election of members of rajya sabha by the proportional representation

France: 

• Republican system
• liberty, equality and fraternity

USSR:

• Fundamental duties
• ideals of justice in the Preamble

Polity #2 : The Constituent Assembly.

Downloadable pdf version, here.
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The cabinet mission- establishment of constituent assembly to frame the constitution of india, members  of constituent assembly were elected by the provincial legislature.

Dr. Sachchidananda Sinha - first elected chairman (temporary) of Constituent Assembly.

Later Dr. Rajendra Prasad was elected as the president and Its vice-president was H C Mookerjee

B. N. Rau - constitutional adviser to the assembly - initial draft based on the reports and research into the constitutions of other nations.

Timeline (lifted off Wikipedia)

9 December 1946: The first meeting of the Constituent Assembly.

13 December 1946: An 'Objective Resolution' was moved by Jawaharlal Nehru. later became the Preamble of the constitution.

22 July 1947: National flag adopted.

15 August 1947: Indian independence achieved as the Dominion of India.

29 August 1947: Drafting Committee appointed with Dr. B. R. Ambedkar as the Chairman.

26 November 1949: Constitution passed and accepted by the assembly.

24 January 1950: "Jana Gana Mana" adopted as the national anthem, "Vande Mataram" the national song. Rajendra Prasad elected the first president of India.

Important Committee and their Chairmen

Steering committee and finance and staff committee, ad hoc committee on national flag- Rajendra Prasad

Union powers Union Constitution, state committees - J.Nehru

Drafting Committee- B R Ambedkar

Functions of constituent assembly- Mavalnkar

Credential Committee: Alladi Krishnaswami Iyar

House Committee: B. Pattabhi Sitaramayya

Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Vallabhbhai Patel


It took 2 yrs, 11 months, 18 days to finalize the constitution by the constituent assembly and at a total expenditure of ₹6.4 million.

Objective resolution- 1st session of constituent assembly -1946 by J,Nehru

1st draft by ambedkar- 1947- drafting committee, the third and the final draft, 1949

Adopted on nov 26, 1949 and came into force on Jan 26,1950- commencement of Indian constitution

Polity #1 - Constitution and its Evolution

The more readable PDF version of this post can be downloaded by clicking here. Also, do remember that this is NOT an exhaustible 'capsule' or anything. Consti has a lot more. Use this only as a outline for revision and don't sue us if questions come from outside this. Be sensible. Prep well !

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All countries have written constitutions - except United Kingdom, Israel, New Zealand and Saudi Arabia.

Indian constitution is the longest written constitution

Framed in Nov 26, 1949 and adopted in Jan 26,1950

22 parts, 395 articles and 8 schedules- initially

25 parts with 448 articles, 12 schedules, 5 appendices - currently

101 amendments so far.

Before 1857:

Regulating act-1773

• Report by Lord North, east India company under British control.
• Governor of Bengal nominated as governor general of three presidencies Madras, Bombay and Calcutta-
• Warren Hastings was the first Governor General.
• Supreme Court was established in Fort William, Calcutta.

Pitts India Act-1784

• Improve regulating act, 6 member board of controllers were established

Charter Act-1793- payment of salaries from indian revenue, courts have given power to interpret rules and regulations.

Charter act -1813- trade monopoly of East india company came to end, Christian missionaries were permitted to spread their religion.

Charter act-1833

• redesignated the Governor-General of Bengal as the Governor-General of India.
• Lord William Bentinck became the first Governor-General of India.
• single budget by governor general,
• Governor General’s government to be called the Govt of India and his council called Indian council

Charter act 1853

• Last Charter Act, report by Dalhousie, separate governor of Bengal was appointed
• civil services exams were introduced and Indian Civil Service was born.

After-1857:

Government of India act- 1858:

• Sepoy mutiny- 1st Indian war of independence
• After that the British have ultimate control over the country.
• Secretary of State received the powers and duties of the Company's Court of Directors
• Secretary of State for India was accountable to the British parliament and was assisted by a council of fifteen members called Council of India.

Indian councils act- 1861

• Powers of crown were to be exercised by the secretary of state-assisted by council of fifteen members
• Secretary of state- governed India through governor general assisted by executive council
• Decentralized legislative powers of governor general council and vested them to Bombay and Madras

Indian council act- 1892

• authorized an increase in the size of the various legislative councils
• Non official member’s appointments- by Bengal chamber of commerce,
• Universities, district board, zamindars, chambers of commerce and local municipalities can recommend members to provisional legislative councils

Minto Morley reforms: 1909 (Indian Councils Act 1909)

• After Lord Curzon’s Partition of Bengal.
• Members of the Legislative Council at the Center- from 16 to 69
• members of the provincial legislative councils, under a governor or lieutenant governor, was also increased by including non official members
• Separate electorate for the Muslim community
• Two Indians were nominated to the Council of the Secretary of State for Indian Affairs.
•  The Governor-General was empowered to nominate one Indian member to his Executive Council.

Montague Chelmsford reforms and Govt of India Act-1919

• Secretary of state- Montague and governor general Chelmsford
• Diarchy or dual form of Govt introduced, central and provincial.
• The Central Legislature would comprise two chambers- The Council of State and the Indian Legislative Assembly
• Central Legislature was empowered to enact laws on any matter for whole of India.
• Central- under the control of central govt, Provincial-subdivided into transferred and reserved lists.
• Transferred- admin by governor aided by ministers of legislative assembly
• Reversed- admin by governor with no responsibility to ministers of legislative assembly
• First time introduced bicameral Provincial Legislative councils.
• Upper house- council of state,60 members in which 34 elected, lower house- legislative assembly- 144 members- 104 were elected
• Separate budget

Simon commission- 1928

• Sir John Simon assisted by Clement Attlee
• Lala Lajpat Rai was martyred.

Govt of India Act- 1935

• The longest Act (British) of Parliament ever enacted by that time. Had 321 sections and 10 schedules.
• Prescribed a federation, option for Indian states to join federation- but no one joined.
• introduction of direct elections
• established a Federal Court
• Authority in the centre was vested in the governor general on behalf of the Crown,
• Central legislature - Bicameral- federal and council of state
• Dominion status- promised by Simon was not conferred

Cripps mission:1942

• Proposals by Stafford Cripps
• Constitution of india by elected constituent assembly by the Indian people
• Dominion status
• One Indian union comprising all the provinces and Indian states

Cabinet mission plan-1946

• Atlee- three cabinet ministers- to help India attain independence asap, set up a constituent assembly,
• Rejected idea of the separate constituent assembly for muslims

Mountbatten plan-1947-june

• Transfer of power to Indians and partition of country

Indian independence act -1947

• Office of secretary of state was abolished, governor general and governors lost extraordinary powers, constituent assembly can function as central legislature with full freedom.