CONSTITUTION
EVOLUTION OF INDIAN CONSTITUTION (SUMMARY)
* The constitution of India can be studied under two broad head: The Company Rule ( 1773-1858), The Crown Rule (1858-1947).
*In 1757, Robert Clive defeated the Nawab of Bengal, Siraj-ud-daulad at the battle of Plassey.
*After the revolt of 1857, Company rule ended in India and begins the British Raj. Government of India Act, 1858 was the first statute passed by parliament as marked the beginning of the evolution of the Indian Constitution.
* The important Acts under the Company Rule 91773-1858) were-
(Important point were added)
1. Regulating Act of 1773 (Warren Hasting became the Governor General through the Act)
2. Pitt's Act of 1784 (British Crown was the supreme controller of the Company's affairs and administration)
3. Charter Act of 1813 (The Company's monopoly business model over trade in India was finished, subject of trade is available to British Crown)
4. Charter Acts of 1833 (Lord William Bentick became the Governor-General, the company transform into administrative body and ended its commercial activities)
5. Charter Acts of 1853 (Central legislative Council was established, Open civil service examination was introduced)
* Important Acts under the Crown Rule (1858-1947)
1. Government of India Act, 1858 (Governor-General was changed to Viceroy. Lord Canning was the first Viceroy of India, Board of control and court of Directors were abolished)
2. Indian Council Act, 1861
3. Indian Council Act, 1892
4. Indian Council Act, 1909 (This act is also known as Morley-Minto Reform, CLC was changed to ILC, This act introduced the concept of separate electorate to Muslims, Indian Council Acts came to an end with this Act)
5. Government of India Act, 1919 ( This Act is also known as Montague-Chelmsford Reforms, dual govt, bi-cameral legislature, Public Service Commission was introduced)
6.Government of India Act, 1935 (This Act is the result of Simon Commission Report, Burma was independent, Federal court & RBI were established))
7. Indian Independence Act, 1947 (Partition of India and Pakistan)
*The Constitution of India (January 26, 1950)
*Father of Indian Constitution is Dr. B.R. Ambedkar
* The draft of the new constitution was prepared on Feb, 1948 and came into force in 1950.
*Various features were taken from other countries. (USA, British, Canada, Ireland, France, Australian, Soviet Union, South Africa, Germany, Japan)
SALIENT FEATURES OF INDIAN CONSTITUTION
LENGTHIEST CONSTITUTION
* India has the lengthiest written constitution in the world with articles 448 and 12 schedules.
* Since 1950, Indian constitution has undergone many changes and amendments with many additional articles added to it.
FRAMED FROM DIFFERENT SOURCES
* Dr. B. R. Ambedkar took multiples from other countries while drafting constitution.
* The basic structure is taken from the Government of India Act 1935.
* Thus some modification/amendments is required to suit Indian needs and requirements.
FEDERAL SYSTEM WITH UNITARY FEATURES
*Indian constitution provide two government systems- Central and state governments.
* Powers are divided between three organs- Legislative, executive and judiciary, etc.
* Article 1 mentions that India is a Union of states and not a federation of states.
* Article 3 of the Constitution mentions that parliament is the only authority that can make a separate states.
INDEPENDENT AS WELL AS INTEGRATED JUDICIAL SYSTEM
* India has a single integrated system of judiciary where the Supreme Court is the supreme authority to make decisions.
DIRECTIVE PRINCIPLES OF STATE POLICY
* Directive Principles of State Policy were added in the constitution for making India a welfare state.
* These principles provide the social and economic guidance for Indian Democracy and pave the way for the establishment of a true welfare State.
PARLIAMENTARY FORM OF GOVERMENT
* The President of India is the constitutional head of the Union Executive, but he exercises the executive power, vested in him, in accordance with the advice of the Union Council of Ministers.
* The real executive power thus vests with the Council of Ministers with the Prime Minister as the head.
* The Council of Ministers is collectively responsible to the Lok Sabha. The same is true of the relationship between the Governors and the Council of Ministers in the States.
FLEXIBLE AS WELL AS RIGID
* The Indian Constitution is flexible as well as rigid.
* The amendment provision was provided in the article 368.
* Amendment can be made by majority of both the houses of parliament. (2/3rd majority)
* Some provisions can be amended with the special majority of member of parliament and with the ratification of at least 50% of the states.
SINGLE CITIZENSHIP
* In India there is single citizenship, Citizens belong to the Indian Union and not to any state.
EMERGENCY PROVISION
* When it is impossible to run the administration of the country or a part thereof, The President can declare an emergency and take administration of the country.
* This emergency can be financial or political.
Conclusion
Apart from what has been mentioned above, there are many other features of Indian constitution like fundamental rights/duties, and Universal Adult Franchise. Features that best distinguish the Indian constitution from the rest of the world are described above.
PREAMBLE
* The preamble reads: We, the people....give to ourselves this constitution.
* The words 'socialist, secular and integrity' were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.
* The Preamble accepts the principle of Popular Sovereignty. The words testify that People of India are ultimate source of all authority. The Government derives its power from them.
* The Preamble mentions five cardinal features of Indian state:
1. India is a Sovereign State
2. India is a socialist State
3. India is a secular State
4. India is a Democratic State
5. India is a Republic
* The Preamble list four cardinal objectives:
* Justice- Social Justice, Economic Justice, Political Justice.
* Liberty- Liberty of thought, expression, belief, faith and worship.
* Equality- Status, opportunity
* Fraternity- Strong feeling of spiritual and psychological unity among the people.
* In the final paragraph, the Preamble specifies that the Constitution was adopted on 26th November 1949.
* The constitution of India is a self-made constitution.
AMENDMENTS OF INDIAN CONSTITUTION
The constitution of India can be amended in the following ways-
1. Amendment by simple majority of the Parliament. ( Read Article 368)
2. Amendment by special majority of the Parliament.
3. Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.
List of Major Amendments of the Indian Constitution
* First Amendment Act, 1951
- The Ninth Schedule was added. (Later Amendment includes more Acts in the Ninth Schedule)
- 3 more grounds of restriction on Article 19 (1) were added- Public order, friendly relations with foreign states, Incitement to an offence.
* Second Amendment Act, 1952
- The scale of representation in the Lok Sabha was readjusted stating 1 member can represent even more than 7.5 lakh people.
* Seventh Amendment Act, 1956
-The provision of having High Court for two or more states was introduced.
-Abolition of Class A, B, C and D states- 14 states and 6 Union Territories were formed.
-Introduction of Union Territories.
* Ninth Amendment Act, 1960
-Cession of Indian territory of Berubari Union ( West Bengal) to Pakistan.
* Tenth Amendment Act, 1961
-Dadra, Nagar and Haveli were incorporated in the Union of Indian as a Union Territory.
* 12th Amendment Act, 1962
-Goa, Daman and Diu were incorporated in the Indian Union as a Union Territory.
* 13th Amendment Act, 1962
- Nagaland was formed with special status under Article 371A
* 14th Amendment Act, 1962
-Pondicherry was incorporated into the Indian Union
-UT of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry were provided the legislature and council of ministers.
* 19th Amendment Act, 1966
- System of Election Tribunals was abolished and High Court were given the power to hear the election petitions.
* 21st Amendment Act, 1971
-Sindhi language was language into 8th Schedule of Indian Constitution.
* 24th Amendment Act, 1971
-The President's assent to constitutional Amendment Bill was made compulsory.
* 25th Amendment Act, 1971
-Fundamental Right to Property was curtailed.
* 26th Amendment Act, 1971
-Privy Purse and privileges of former rulers of princely states were abolished.
* 31st Amendment Act, 1972
-Lok Sabha seats were increased from 525 to 524
* 35th Amendment Act, 1974
-The status of Sikkim as protectorates state was terminated and Sikkim was given the status of 'Associate State' of India.
* 36th Amendment Act, 1975
-Sikkim was made a full-fledged state of India.
* 40th Amendment Act, 1976
-Parliament was empowered to specify from time to time the limits of the territorial waters, the continental shelf, the exclusive economic zone (EEZ) and the maritime zones of India.
* 42nd Amendment Act, 1976
-Since the 42nd Amendment Act, there is a comprehensive Indian constitution called Mini-Constitution.
* 44th Amendment Act, 1978
-It is one of the important amendment enacted by Janata Government.
* 52nd Amendment, 1985
-Tenth Schedule was added for anti-defection laws.
* 61st Amendment Act, 1989
- Voting age was decreased from 21 to 18 for both Lok Sabha and Legislative Assemblies elections.
* 65th Amendment Act, 1990
-Multi-member National Commission for SC/ST was established and the office of a special officer for SCs and STs was removed.
* 69th Amendment Act, 1991
-Union Territory of Delhi was given the special status of 'National Capital Territoty of Delhi'.
* 71st Amendment Act, 1992
-Konkani, Manipuri and Nepali languages were included in the Eight Schedule of the Constitution.
-Total number of official languages increased to 18
* 73rd Amendment Act, 1992
-Panchayati Raj institution were given constitutional status.
* 74th Amendment Act, 1992
-Urban local bodies were granted constitutional status.
* 86th Amendment Act, 2002
-Elementary Education was made a fundamental right
* 88th Amendment Act 2003
-Provision of service tax was made under Article 268 A
* 92nd Amendment Act, 2003
- Bodo, Dogri, Mathili and Santhali were added in the Eight Schedule
* 95th Amendment Act, 2009
- Reservation of seats for SCs and STs was extended and special reservation for Anglo-Indian in the Lok Sabha and the state legislative assemblies for further period of ten years.
* 97th Amendment
- Co-operatives Societies were granted constitutional status
* 100th Amendment Act, 2015
-To pursue land boundary agreement 1974 between India and Bangladesh.
-Provisions relating to the territories of four states ( Assam, West Bengal, Meghalaya) in the first schedule of the Indian Constitution, amended.
* 101st Amendment Act, 2016
-GST was introduced
* 102nd Amendment Act, 2018
-Constitutional Status was grant to National Commission for Backward Class (NCBC)
* 103rd Amendment Act, 2019
- 10% reservation for economically weaker sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15
*104th Amendment Act, 2020
- Extended the deadline for the cessation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty.
ARTICLES OF INDIAN CONSTITUTION
PART I Article 1-4 Union and its territories
PART II Article 5-11 Citizenship
PART III Article 12-35 Fundamental Rights
PART IV Article 36-51 Directive Principles
PART IV A Article 51A Fundamental Duties
PART V Article 52-151 The Union
PART VI Article 152-237 The States
PART VII 7th Amendment Act, 1956 repealed Part VII
PART VIII Article 239-242 The Union Territories
PART IX Article 243-243O The Panchayats
PART IX A Article 243P-243ZG The Municipalities
PART IX B Article 243ZH-243ZT Co-operatives Societies
PART X Article 244-244A Scheduled and Tribal Areas
PART XI Article 245-263 Relation between Union & States
PART XII Article 264-300A Finance, Property, Contracts and Suits
PART XIII Article 301-307 Trade, Commerce within the territory of India
PART XIV Article 308-323 Services under the Union and States
PART XIV A Article 323A-323B Tribunals
PART XV Article 324-329A Elections
PART XVI Article 330-342 Special Provisions relating to certain classes
PART XVII Article 343-351 Officials Languages
PART XVIII Article 352-360 Emergency Provisions
PART XIX Article 361-367 Miscellaneous
PART XX Article 368 Amendment of the Constitution
PART XXI Article 369-392 Temporary, Transitional and Special Provisions
PART XXII Article 393-395 Short title, Commencement, Authoritative Text in Hindi and Repeals
SCHEDULES OF INDIAN CONSTITUTION
* FIRST SCHEDULE
- Names of States and Union Territories
* SECOND SCHEDULE
-Privileges, allowances and emoluments of:
- President of India
- Supreme Court Judges
- High Court Judges
- Speaker of Lok Sabha and Deputy Speaker of Lok Sabha
- Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha
- Speaker and Deputy Speaker of Legislative Assemblies of Indian States
- Chairman and Deputy of Legislative Councils of the Indian States
- Supreme Court Judges
- High Court Judges
- Comptroller and Auditor General of India (CAG)
* THIRD SCHEDULE
- Contains oath and affirmation for:
- States Minister
- High Court Judges
- Supreme Courts Judges
- Members of Parliament
- Union Ministers of India
- Parliament Election Candidates
- State Legislature Elections' Candidates
- State Legislature Members
- Comptroller and Auditor General
* FOURTH SCHEDULE
- Provision to the allocation of seats for States and Union Territories in the Rajya Sabha
* FIFTH SCHEDULE
- Provisions in relation the administration and control of scheduled areas and scheduled tribes
* SIXTH SCHEDULE
-Provision to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram
* SEVENTH SCHEDULE
-It deals with three legislative lists: Union, State, Concurrent
* EIGHT SCHEDULE
-It deals with 22 official languages
* NINTH SCHEDULE
-Acts and regulations with land reforms and abolition of the Zamindari system
-Added by 1st Amendment Act, 1951
* TENTH SCHEDULE
- Provision for disqualification of members of Parliament and State Legislatures on the ground defection.
- Added by 52nd Amendment Act, 1985
*11th Schedule
- Powers, authority and responsibilities of Panchayats
- Added by 73rd Amendment Act, 1992
*12th Schedule
-Powers, authority and responsibilities of Municipalities
- Added by 74th Amendment Act, 1992
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