Making of the constitution

1934: Idea of constituent assembly put forward by M N Roy

1935: INC officially demands constituent assembly
1938: JL Nehrus declaration on the constitution of India
1940: Nehrus demand accepted in the form of August Offer
August Offer
o PM: Winston Churchill
o While rejecting INCs demand for independence of India after the war
on the ground that INC is not representative of the minorities, three
offers were made
o Expansion of Viceroys executive council with the inclusion of Indian
representatives
o An advisory body with the members from British India and Indian
princely states which were supposed to meet at consequent
intervals was established
o Two practical steps were decided to be taken in which it was to
come at an agreement with the Indians on the form which the post
representatives body should take and the methods by which it
should come to a conclusion.
o It further planned to draw out the principles and outlines of the
Constitution itself
o Congress rejected the offer
1942: Cripps Mission
o PM: Winston Churchill
Sec of State: Leo Amery
Viceroy: Linlithgow
o On the framing of an independent constitution to be adopted after
the WW II
o Cripps proposals rejected by the ML which wanted India to be
divided into two autonomous states
1946: Cabinet Mission
o PM: Clement Attlee Viceroy: Lord Wavell
o Members: Pethick Lawrence (sec of state for India), Stafford Cripps,
A V Alexander
o Simla Conference
o May 16 plan
United dominion of india would be given independence
Muslim majority and Hindu majority provinces to be grouped
Central government to run foreign affairs, defence and
communications while rest of the responsibility would belong
to the provinces, coordinated by the two groups
o Interim cabinet was formed. ML joined the cabinet but decided to
boycott the constituent assembly
1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
First meeting of CA on December 9, 1946. Sacchidanada Sinha was
elected the temporary Presidetn
Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the
President and VP of the assembly respectively.
BN Rao was the constitutional advisor to the assembly

Dec 13, 1946: Objectives Resolution moved by JL Nehru

Jan 22, 1947: Objectives resolution adopted
June 3, 1947: Mountbatten plan. Partition of the country announced.
Jan 24, 1950: Final session of the CA. It however continued as a provisional
body from Jan 26, 1950 till the formation of the new Parliament after the
first general elections in 1951-52

Major Committees of CA
Committee
Union Powers Committee
Union Constitution Committee
Committee for Negotiating with States
Steering Committee
Rules of Procedure Committee
Provincial Constitution Committee
Committee on Fundamental Rights and
Minorities.
Two sub committees ( FR , Minorities)
Drafting Committee

Chairman
JL Nehru
JL Nehru
JL Nehru
Rajendra Prasad
Rajendra Prasad
Sardar Patel
Sardar Patel
(J B Kriplani, H C Mukharjee)
B R Ambedkar

Drafting Committee was setup on Aug 29, 1947. It had seven members
o B R Ambedkar
o Alladi Krisnaswamy Ayyer
o N Gopalaswamy Ayyangar
o K M Munshi
o TT Krishnamchari
o N Madhava Rau
o Syed Mohammad Saadullah
Nov 26, 1949: Constitution was adopted
The Preamble was enacted after the entire Constitution was already
enacted

Governor

Same person can be appointed the governor of two or more states

Appointed by the President
May resign by writing to the President
Qualification
o Citizen of India
o 35 years of age
Art 161: Pardon for any offence against a law relating to a matter to which
the executive power of the state extends
Constitution does not state the procedure or the grounds for the removal
of the Governor

Council of Ministers

The advice tendered by the CoM cannot be enquired in a court

Number of ministers in the CoM (including the PM) cannot exceed 15 pc of

the total number of members of LS (91st amendment, 2003)
If a person is disqualified under the 10 th schedule (defection), he cannot
become a minister
Art 75(3): Collective responsibility

Attorney General

Article 76
Should be qualified to be appointed as a judge of the SC
Right of audience in all courts in the territory of India
Has the right to take part in the proceedings of either houses, without the
right to vote.

Parliament

Consists of the President, Lok Sabha and Rajya Sabha

Six months should not intervene between consecutive sessions
The president shall address a joint sitting of both the houses at the first
session of every year and at the first session after the general elections
The Chairman and Speaker can vote only in case of equality of votes
Quorum: One-tenth of the total number of members of the House
MPs resign by addressing their resignation to the Speaker of the Chairman
If a member is continuously absent for 60 days without permission for all
the meetings of the House, his seat is declared vacant
Article 102: grounds for disqualification.
o 5 grounds
Decision on questions as to disqualification of members shall be referred
to the President and his decision shall be final. The President, in giving his
decision, shall act in accordance with the advice of the Election
Commission
Joint sitting: If passed by one house and rejected by the other,
disagreement between houses on the amendments to the bill, more than
six months has passed and the other house has not passed the bill
Joint sitting does not apply to Money Bills

Council of States

Elected members: 238 from state and union territories

o Allocation of seats given in the 4th schedule
Nominated members: 12
o From field of Literature, science, art and social service
Elected members of the states to be elected by respective Legislative
Assembly by proportional representation by means of single transferrable
vote
Representatives of UTs to be chosen as Parliament may by law prescribe
1/3 members retire every 2 years
At least 30 years of age
Deputy Chairman can resign by addressing to the Chairman

Most RS seats: UP>Maharashtra>TN=AP>Bihar=WB>Karnataka

States with only one RS seat: Arunachal, Goa, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura
States with least RS seats: Above 8<HP=Uttaranchal<J&K<Haryana=CG
UTs: Delhi-3, Puducherry-1, Rest-zero

House of People

530 members from states by direct elections

20 from UTs chosen in a manner prescribed by the Parliament
2 nominated by the President from the Anglo-Indian community if it is not
represented
Ratio of LS seats allocated to a state and its population should be same
across states
o This may not be followed if the population of the state is less than 6
million
Population kept as frozen till the census taken after 2026
o For LS constituency allotment to states: 1971 census data used
o For defining boundaries of constituencies: 2001 census data used
At least 25 years of age
Speaker can resign by addressing to the Dy Speaker. The latter can resign
by addressing to the Speaker
When LS is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the LS after its dissolution
Whenever the Deputy Speaker is appointed as a member of a
parliamentary committee, he automatically becomes its chairman

Most LS seats: UP>Maharashtra>AP=WB>Bihar>TN

States with one LS seat: Mizoram, Nagaland, Sikkim
Least LS seats: Above
3<Manipur=Meghalaya=Goa=AP=Tripura<HP<Uttaranchal<J&K
UTs: Delhi(7), Puducherry(2), Rest -1
Reserved for SC: UP 17, WB - 10
Reserved for ST: MP 6, Jharkhand, Orissa 5, CG, Gujarat, Maharashtra 4

Fundamental Rights

Discrimination not on grounds only of

o Art 15: religion, race, caste, sex, place of birth
o Art 16: religion, race, caste, sex, descent, place of birth, residence
Reservation

o First Backward Classes Commission: 1953, Kaka Kalelkar

o Second BCC: 1979, B P Mandal (by Morarji Desai govt)
o Article 340
Reasonable Restrictions
o Speech and Expression: sovereignty and integrity of India, security
of the state, friendly relations with foreign states, public order,
decency or morality, contempt of court, defamation and incitement
to an offence
o Assembly: sovereignty and integrity of India and public order
o Association: sovereignty and integrity of India, public order and
morality
o Movement: interest of general public and the protection of interests
of any scheduled tribe
o Residence: interest of general public and the protection of interests
of any scheduled tribe
o Profession: in the interest of the general public
Protection against self-incrimination does not extend to civil proceedings
Protection provided under normal detention in Art 22 not covers arrest
under the orders of a court, civil arrest, arrest on failure to pay the income
tax and deportation of an alien

The president doesnt sit in Parliament. Why is he still consider an integral part of
it?

Because a bill passed by the Parliament cannot become a law unless it

receives Presidents assent
He also performs certain functions relating to the parliament eg,
summoning and proroguing the sessions, issuing ordinances, addressing
both the houses

What does Rajya Sabha consist of?

Representative of states
o By elected members of state legislative assemblies
Representatives of Union Territories
o By members of an electoral college constituted specially for this
purpose
Nominated members
o From field of Art, Science, literature and social service.

But, why have nominated members?

To provide eminent persons a place in the RS without going through the

process of election

Why was proportional representation not adopted for election to LS?

Difficulty for the voters to understand the system due to low literacy rate
in the country
Unsuitability to the parliamentary government due to the tendency of the
system to multiply political parties leading to instability in government

Disqualification of an MP

Disqualification conditions mentioned in the constitution

o Decided by the President on the advice of the EC
Disqualification on the ground of defection (10 th Schedule)
o Decided by the Speaker/Chairman. Open to judicial review

In what cases does a MP vacate his seat?

Disqualification
Resignation
Absence
Double Membership
Some other cases

Distinction between SC and HC

Appointment of Judges

Tenure of judges
Jurisdiction

Original jurisdiction

Writ Jurisdiction

SC
A distinguished jurist can
be appointed a judge

Till 65
Jurisdiction cannot be
curtained as mentioned
in the constitution. Other
jurisdiction and powers
can be changed by the
Parliament.
In matters relating
disputes between centre
and states or between
states

HC
Constitution does not
make provision for
appointment of a
distinguished jurist
Till 62
Ditto. Other jurisdiction
and powers can be
changed by both the
Parliament and the State
legislature.

Can issue only for

enforcement of
fundamental rights

Some imp:
1. Disputes relating
to the election of
members of
Parliament and
state legislatures
Can issue for
fundamental rights and
for any other purpose

Appointment
Governor

Removal
President

Posts
Post
State Public Service

Commission
HC Judge

President in consultation
with the CJI and the
governor of the state

Same as SC judges

Taxes
1.

Levied
Centre

Collected
State

Appropriated
State

2.

Centre

Centre + State

Centre + State

3.

Centre

Centre

State

4.

Centre

Centre

Centre+ State

5.

State

State

State

6.

Centre

Centre

Centre

Example
Stamp duty on
some bills of
exchange,
Excise duty on
some medicinal
prep containing
alcohol
Service Tax
(88th
amendment.
Rule of
appropriation
decided by the
Parliament)
Some taxes on
inter-state
trade
All other taxes
expect those
mentioned
above and
below (division
decided by the
FC)
Wealth, Sales,
some excise etc
Surcharges on
taxes referred
to 3 and 4

Grants in aid

Statutory grants on the recommendation of the FC. There are charged on

the Consolidated Fund of India every year
Discretionary grants on the recommendation of the Planning Commission
These days discretionary grants > statutory grants

Charged expenditure

CAG
UPSC

CG, Jharkhand, MP and Orissa have to have a minister for tribal affairs.

How is original jurisdiction of SC different wrt disputes of federal nature

and those relating to fundamental rights?
Ans: In federal cases SC has exclusive original jurisdiction whereas in writ cases
SC has original jurisdiction which is not exclusive. It shares it with the high
courts. Secondly, the parties involved in the first case are units of the federation
while in the second case it is between a citizen and the government.

Ag:sc jude quali, 5 hc judge, 10 y hc advocate or eminent jurist

Asg:hc judge quali, 10 judic service, 10 hc advocate

Various Constitutional Posts

CAG

UPSC

SPSC

EC

Nat Comm
SC

Nat Comm
ST

Article

148
Oath

315-323

315-323

324

338A <89th
amendmen
t>

Appointme
nt

By
president

Chairman and
Members by
President

Governor
(but can be
removed
only by
President)

President

338. By
65th
amendmen
t (1990) as
Nat Comm
of SC and
ST
President

President

Chair, VC, 3
members
Qualificatio
n

None

None (except
half the
members govt
servants>=10
yrs

Tenure

Max six
years till 65
years

Max six years

till 65 years.
Single term.

Removal

Same
manner
and ground
as SC judge

Further
employmen
t

Not eligible
under
centre or
state govt

By president:
Insolvent,
outside
employment,
infirmity of
mind or body.
Also
misbehaviour
<has to refer
to SC. Binding
advice>
Chairman: Not
under the
govt or state
(except
governor).

None
(except half
the
members
govt
servants>=
10 yrs
Max six
years till 62
years.
Single term
President
<same as
UPSC>

Chairman:
As
Chairman
of UPSC of
any other

Max six years

till 65 pres
determined
CEC: Same
manner and
ground at SC
judge
Members:
cannot be
removed
without the
recommendat
ion of the
CEC
Not debarred
from any
further
employment

Determined
by Pres.
Hold office
for 3 years

Determined
by Pres.
Hold office
for 3 years

Officer
Linguistic
Minorities
350 B 7th
Amendmen
t.
1957

President

Members:
Only as UPSC
or SPSC
chairman

Service
conditions

Others

Determined
by
Parliament

By president.
Jurisdiction
can be
extended by
parliament
President can
exclude posts,
services and
matters from
purview of
SPSC.
Rejected
recommendati
ons to be
approved by
the
Appointments
Committee

SPSC but
no other
under govt.
Members:
Same
except that
they can
also be
appointed
as same
SPSC
chairman
Similar to
that of SC
Judge

Governor
can
exclude
posts,
services
and
matters
from
purview of
SPSC

Can
regulate its
own
procedure
Powers of
civil court
Also
enquires
matters
relating to
OBCs and
Anglo
Indians

Bifurcated
after 89th
amendmen
t (2003). So
came into
being in
2004

HQ:
Allahabad
Regional
office:
Belgaum,
Chennai,
Kolkata

Can
regulate its
own
procedure

Falls under
the
ministry of
Minority
Affairs

Powers of
civil court

Other Bodies
Estd

Composition

PC
1950 executive
resolution

NDC
1952 executive
resolution

NHRC
1993 Statutory

SHRC
1993 Statutory

1 Chair, 4 Members,
4 ex-officio members
(Chair of Nat com of
SC, ST, Minorities,
Women)

1 Chair, 2
Members

CVC
1964
executive res
2003 - statute
1 CVC, 2 VC

CIC
2005 statute

1 CIC and
<=10
members.
Persons of
eminence in
public life etc.

Qualification

Chair: Ex CJI
Members: Ex or
serving SC/HC judge;
2 persons having
human rights
knowledge or
experience
President on
recommendation of
six member
committee PM,
Speaker, Dy Chair
(RS), Leaders of
Opposition in Both
Houses, Home Min
5 years or till age of
70

Chair: Ex CJI of HC
Members: Ex or
serving HCJ/Dist J
min 7 year exp
and a person
having knowledge
of HR
By Governor on
recommendation
of committee
( centre
counterparts)

Further employment
Removal

Conditions of
services
Powers

Appointment

Tenure

If you know this, you know that

CIC State IC

President 3
member
committee

President by
committee: PL,
Leader of Opp
in LS, a
Cabinet
Minister

5 yrs of till age 70

4 years or till
age of 65

5 years of 65
age. No
reappointment
. IC can be
appointed as
CIC but total
term <=
5years

No
By President. Same
as UPSC.

No
By President.
Same as UPSC.

By Central Govt

By State Govt

No
By President.
Same as
UPSC.
Same as UPSC

Of a civil court. Can

look into a matter
only within one year
of its occurance.

Powers of Civil
court. Can look
into a matter only
within one year of
its occurrence.
Can enquire only
on HR violations in
matters relating to
state list and
concurrent list.

Powers of a
civil court

By President.
Same as
UPSC.
Same as
EC/SC
Powers of a
civil court