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Complete Polity

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0% found this document useful (0 votes)
24 views42 pages

Complete Polity

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Complete polity Revision

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• 1934: First idea by M.N. Roy

• 1940: August Offer accepted

• 1942: The Cripps Mission

• 1946: Cabinet Mission Plan

• Constituent Assembly formed in December 1946.

• Sachchidananda Sinha (temporary chairman).

• Permanent President: Dr. Rajendra Prasad.


• Vice President – HC Mookerjee

• Drafting Committee Chairman – Dr. B.R. Ambedkar.

• Advisory Committee Chairman – Sardar Patel

• Time – 2 years 11 Months 18 Days

• Adopt – 26 November 1946

• Enforced – 26 January 1950

• Originally - 395 Articles, 22 Parts, 8 Schedule


• Current - 25 Parts, 12 Schedule

Sources –

• Parliamentary form – UK

• Single citizenship – UK

• Office of CAG – UK

• Fundamental Rights – USA

• Independence of Judiciary - USA


• Judicial Review – USA

• Impeachment of President – USA

• Vice-President – USA

• Preamble – USA

• Directive Principles of State Policy (DPSP) – Irland

• Federation with a strong Centre – Canada

• Residuary powers with Centre – Canada


• Concurrent List – Australian

• Joint Sitting of Parliament - Australian

• Suspension of Fundamental Rights during Emergency-


Weimar Constitution (Germany)

• Fundamental Duties - USSR (now Russia)

• Republic and ideals of Liberty, Equality, Fraternity (in


Preamble)- French Constitution
• Procedure of Constitutional Amendment - South Africa

• Election of Rajya Sabha members - South Africa

• first Speaker of the Lok Sabha was G.V. Mavalankar

Schedules: 12
• 4th → Rajya Sabha seats
• 1st → States & UTs
• 5th → Scheduled Areas & Tribes
• 2nd → Salaries
• 6th → Tribal Areas (NE India)
• 3rd → Oaths
• 7th → Union-State powers
• 8th → Languages

• 9th → Land reform laws

• 10th → Defection

• 11th → Panchayats

• 12th → Municipalities

• 6th Schedule - Administration of Tribal Areas in Assam,


Meghalaya, Tripura, Mizoram
• 7th Schedule - Division of powers between Union & States:
(Union List, State List & Concurrent List)

• 8th Schedule - Languages recognized by the Constitution

• Initially 14 languages, now 22 languages

• 9th Schedule (1st Amendment, 1951)

• 10th Schedule (52nd Amendment, 1985)

• 11th Schedule (73rd Amendment, 1992)


• 12th Schedule (74th Amendment, 1992)

22 Official Languages
• Kashmiri • Nepali
• Assamese • Telugu
• Konkani • Odia
• Bengali • Urdu
• Malayalam • Punjabi
• Gujarati • Bodo
• Manipuri • Sanskrit
• Hindi • Dogri
• Marathi • Sindhi
• Kannada • Maithili
• Tamil • Santhali
• 21st Amendment Act, 1967 - Added Sindhi language

• 71st Amendment Act, 1992 - Konkani, Manipuri, Nepali

• 92nd Amendment Act, 2003 - Bodo, Dogri, Maithili,


Santhali

• 96th Amendment Act, 2011 - Orissa to Odisha and the


language Oriya to Odia

• 11 Classical Languages of India


• Tamil – Recognized in 2004

• Sanskrit – Recognized in 2005

• Telugu – Recognized in 2008

• Kannada – Recognized in 2008

• Malayalam – Recognized in 2013

• Odia – Recognized in 2014


• Marathi – Recognized in 2024

• Pali – Recognized in 2024

• Prakrit – Recognized in 2024

• Assamese – Recognized in 2024

• Bengali – Recognized in 2024


Preamble –

• Summary of Constitution

• Borrowed – USA

• political horoscope– K.M. Munshi

• Identity card of the Constitution - N. A. Palkhivala

• he Preamble to the Indian Constitution is not justiciable

• Sovereign, Socialist, Secular, Democratic, and Republic


• Justice, Liberty, Equality, and Fraternity. (AIM)

• One time Amended in 1976, through the 42nd


Constitutional Amendment Act

• Socialist, Secular & Integrity (Added)

• Cases - Berubari , Kesavananda Bharati & LIC of India


Case
Articles –

Part – 1

• Article 1 – Name and Territory

• Article 2 – Admission or Establishment of New States

• Article 3 – Formation of New States and Alteration of


Areas, Names, or Boundaries

• Article 4 – Laws made under Articles 2 & 3


• Andra Pradesh – 1st Linguistic State After independence

• Telangana – 2014

• Goa – 1987

• Nagaland -1963

• Sikkim – 1975

• 1st November – Karnatak , Keral, Andra Pradesh,


Chhattisgarh, Haryana, Madhya Pradesh
Part – 2 ( Article 5- 11) (Citizenship)

• Article 5 – Citizenship at the commencement of the


Constitution

• Article 6 – Rights of citizenship of certain persons who


have migrated from Pakistan

• Article 7 – Rights of citizenship of certain migrants to


Pakistan
• Article 8 – Rights of citizenship of persons of Indian
origin residing outside India

• Article 9 – Persons voluntarily acquiring citizenship of a


foreign state

• Article 10 – Continuance of rights of citizenship

• Article 11 – Parliament to regulate citizenship

• Citizenship (Amendment) Act, 2019 (CAA)


Part – 3 (Fundamental Rights)

Justiciable in Nature

• Article 12 – Definition of "State“

• Article 13 – Laws inconsistent with Fundamental Rights


are void

• Articles 14 – 18 – Right to Equality

• Articles 19 – 22 – Right to Freedom

• Articles 23 – 24 – Right against Exploitation


• Articles 25 – 28 – Right to Freedom of Religion

• Articles 29 – 30 – Cultural & Educational Rights

• Article 14: Equality before law & equal protection of law

• Article 15: Prohibits discrimination on religion, race,


caste, sex, or place of birth; allows positive
discrimination for backward classes

• Article 16: Equality of opportunity in public employment


• Article 17: Abolition of untouchability

• Article 18: Abolition of titles, except academic/scientific


awards

• Article 19: Freedom of speech, expression, assembly,


association, movement, residence, profession

• Article 20: Protection in criminal cases

• Article 21: Protection of life and personal liberty


• Article 21A: Right to free & compulsory education (added
by 86th Amendment, 2002)

• Article 22: Protection against arrest & preventive

• Article 23: Prohibits human trafficking and forced labor

• Article 24: Prohibits child labor under 14 years in


factories, mines, or hazardous work

• Article 25: Freedom of conscience & religion → Right to


profess, practice, propagate religion
• Article 26: Freedom to manage religious affairs

• Article 27: No compulsion to pay taxes for any religion

• Article 28: Freedom from religious instruction in


educational institutions

• Article 29: Protection of interests of minorities → Right to


conserve language, script, culture

• Article 30: Right of minorities to establish & administer


educational institutions → Cannot be discriminated against
• Article 32: Right to move the Supreme Court or High
Courts

• Writs - Habeas Corpus, Mandamus, Prohibition,


Certiorari, Quo Warranto

• Constitutional Remedies is the Soule & hart of the


Constituent by B R Ambedkar
Part – 4 Articles (36 to 51) ( DPSP)

• Novel feature –B R Ambedkar

• Non-justiciable

• Aim: Socio-economic justice, welfare, and equitable


development

• Article 40: Village Panchayats as units of self-government

• Article 44: Uniform Civil Cod


• Article 46 – Promote educational and economic interests
of Scheduled Castes, Scheduled Tribes, and other weaker
sections

• Article 48 – Organization of agriculture and animal


husbandry

• Article 50 – Separation of judiciary from executive

• Article 51 – Promotion of international peace, respect for


international law, and treaty obligations
• Part IV-A - Article 51A (Fundamental Duties of citizens of
India)

• Added by the 42nd Amendment Act, 1976

• List of Fundamental Duties (Article 51A)

• Abide by the Constitution and respect its ideals &


institutions

• Cherish and follow the noble ideals of the freedom


struggle
• Uphold sovereignty, unity, and integrity of India

• Defend the country and render national service when


required

• Promote harmony and spirit of common brotherhood

• Renounce practices derogatory to the dignity of women

• Preserve the rich heritage of the country

• Protect the environment, forests, wildlife, and natural


resources
• Develop scientific temper, humanism, and the spirit of
inquiry & reform

• Safeguard public property and abjure violence

• Strive towards excellence in all spheres of individual &


collective activity

• Provide opportunities for education to children


between 6–14 years (added by 86th Amendment, 2002)
Part – 5 ( The Union Article – 52 – 151)

• Article 52 – President of India (Head of State)

• Article 54 – Election of President (electoral college: MPs


+ MLAs)

• Article 56 – President’s term: 5 years; eligible for re-


election

• Article 60 – Oath of President


• Article 61 – Impeachment procedure for violation of
Constitution

• Article 63 – Vice-President of India

• Article 64 – Acting President (Vice-President in vacancy)

• Article 66 – Election of Vice-President

• Article 67 – Term of Vice-President: 5 years

• Article 69 – Oath of Vice-President


Presidents

• Dr. Rajendra Prasad

• Dr. Sarvepalli Radhakrishnan

• Dr. Zakir Husain

• Pratibha Patil

• Droupadi Murmu
• Article 74 – Council of Ministers

• Article 75 – PM appointed by President

• Article 76 – Attorney General is legal advisor to Union


(Attorney General)

• Article 78 – Duties of PM

Union Legislature – Articles 79 to 112

• Article 79 – Parliament consists of President + two Houses


(Lok Sabha & Rajya Sabha)
• Article 85 – Sessions of Parliament; President summons
& prorogues

• Article 89 – Speaker & Deputy Speaker of Lok Sabha

• Article 94 – Deputy Chairman of Rajya Sabha

• Article 110 – Money bills definition

• Article 112 – Annual financial statement (Union Budget)

• Article 123 – Ordinance Making Power


• Article 124 – Establishment of Supreme Court; includes
Chief Justice + other judges (as prescribed by
Parliament)

• Article 131 – Original jurisdiction of Supreme Court in


disputes between Union and States or between States

• Article 137 – Power to review its own judgments

• Article 148 – Comptroller & Auditor General of India

• Article 151 – Audit Reports


Part VI - The States

• Article 152 – States of India

• Article 153 – Governor of State → Executive head

• Article 155–156 – Appointment and term of Governor

• Article 164 – Chief Minister and other Ministers →


Collective responsibility to State Legislature

• Article 165 – Advocate General of State (legal advisor)


• Article 248 – Residual matters

• National Emergency (Article 352)

• President’s Rule / State Emergency (Article 356)

• Financial Emergency (Article 360)

• Article 368 – Power of Parliament to Amend the


Constitution

• Article 246 – Subject-Matter of Laws Made by Parliament


and State Legislatures
• Article 246A – Power of Parliament and State
Legislatures to Make Laws on GST

• Article 324(1): Provides superintendence, direction, and


control of elections

• Article 214 – Establishment of High Courts for states


Constitutional Amendments –

• 1st Amendment Act (1951) - Added the Ninth Schedule

• 42nd Amendment Act (1976) - Known as the "Mini-


Constitution“

• 44th Amendment Act (1978) - Restored judicial review


and protected Fundamental Rights, especially during
emergencies.
• 52nd Amendment Act (1985)- Introduced the Tenth
Schedule, known as the Anti-Defection Law, to prevent
political defections.

• 61st Amendment Act (1988) - Reduced the voting age


from 21 to 18 years for Lok Sabha and state legislative
assembly elections

• 73rd & 74th Amendments (1992) - Constitutionalized


Panchayati Raj Institutions and Urban Local Bodies
• 86th Amendment Act (2002) - Made education a
Fundamental Right for children aged 6 to 14 years.

• 101st Amendment Act (2016) - Introduced Goods and


Services Tax (GST)

• 103rd Amendment Act (2019) - Provided 10%


reservation for economically weaker sections (EWS) in
educational institutions and government jobs.

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