CONSTITUTION

Timeline of formation of the Constitution of India

 6 December 1946: Formation of the Constitution Assembly (in accordance with

French practice).
 9 December 1946: The first meeting was held in the constitution hall (now the Central
Hall of Parliament House). The 1st person to address was J. B.
Kripalani, Sachchidananda Sinha became temporary president. (Demanding a separate
state, the Muslim League boycotted the meeting.)
 11 December 1946: The Assembly appointed Rajendra Prasad as its president, H. C.
Mukherjee as its vice-president and, B. N. Rau as constitutional legal adviser. (There
were initially 389 members in total, which declined to 299 after partition. Out of the 389
members, 292 were from government provinces, four from chief commissioner provinces
and 93 from princely states.)
 13 December 1946: An "Objective Resolution" was presented by Jawaharlal Nehru,
laying down the underlying principles of the constitution. This later became the
Preamble of the Constitution.
 22 January 1947: Objective resolution unanimously adopted.
 22 July 1947: National flag adopted.
 15 August 1947: Achieved independence. India split into the Dominion of India and
the Dominion of Pakistan.
 29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its
chairman. The other six members of committee were K.M. Munshi, Muhammed
Sadulla, Alladi Krishnaswamy Iyer, N. Gopalaswami Ayyangar, Devi Prasad Khaitan and
BL Mitter.
 16 July 1948: Along with Harendra Coomar Mookerjee, V. T. Krishnamachari was also
elected as second vice-president of Constituent Assembly.
 26 November 1949: The Constitution of India was passed and adopted by the
assembly.
 24 January 1950: Last meeting of Constituent Assembly. The Constitution was
signed and accepted (with 395 Articles, 8 Schedules, and 22 Parts).
 26 January 1950: The Constitution came into force. (The process took 2 years, 11
months and 18 days—at a total expenditure of ₹6.4 million to finish.)
 H.V.R. Iyengar was the Secretary to the Constituent Assembly.
 Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original
constitution was handwritten by him in a flowing italic style.
 The calligraphy of the Hindi version of the original constitution was done by Vasant
Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.
 Sir BN Rau (1887-1953) was appointed as the constitutional advisor (Legal advisor) to the
Constituent Assembly.
 The drafting committee of the Constitution was appointed on August 29, 1947, with Dr. B.R.
Ambedkar as the Chairman. Surendra Nath Mukherjee was the chief draftsman of the
constitution in the Constituent Assembly.

Major Committees

1. Drafting Committee – Bhimrao Ramji Ambedkar

2. Union Power Committee – Jawaharlal Nehru
3. Union Constitution Committee – Jawaharlal Nehru
4. Provincial Constitution Committee – Vallabhbhai Patel
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded
Areas – Vallabhbhai Patel. This committee had the following subcommittees:
 1. Fundamental Rights Sub-Committee – J. B. Kripalani
2. Minorities Sub-Committee – Harendra Coomar Mookerjee,
3. North-East Frontier Tribal Areas and Assam Excluded & Partially
Excluded Areas Sub-Committee – Gopinath Bordoloi
4. Excluded and Partially Excluded Areas (Apart from those in Assam)
Sub-Committee – A V Thakkar.
6. Rules of Procedure Committee – Rajendra Prasad
7. States Committee (Committee for negotiating with states) – Jawaharlal Nehru
8. Steering Committee – Rajendra Prasad
9. Ad hoc Committee on the National Flag – Rajendra Prasad
10. Committee for the function of the Constitution Assembly – G V Mavlankar
11. Language Committee – Moturi Satyanarayana
 G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after
India turned into a republic.
 India declared itself a Republic since the making of the constitution in 1949.
 It means government by the people and for the people.
 We have an elected president as head of our state.
 All the offices including that of the president will be open to all the citizens.
 The government has no unlimited power, it is limited by the constitution.
 Sovereign powers rests in the hands of the people.
 Constitution provides for the reservation of seats for SCs & STs in the Lok Sabha on the basis
of population ratio. Extended by 104th CA Act 2020 till 25th January, 2030 (which was
expiring in 2020).

PREAMBLE

 Like any other part of the Constitution, the Preamble was also enacted by the Constituent
Assembly, but after the rest of the Constitution was already enacted.
 The reason for inserting the Preamble at the end was to ensure that it was in conformity with
the Constitution as adopted by the Constituent Assembly.
 The Preamble reveals the source of authority of the Constitution.
 The Preamble states that the Constitution derives its authority from the people of India.
 The Preamble reveals the nature of Indian State.
 It declares India to be of a sovereign, socialist, secular democratic and republican polity.
 The Preamble reveals the objectives of the Constitution.
 It specifies justice, liberty, equality and fraternity as the objectives.
 The Preamble reveals the date of adoption of the Constitution.
 It stipulates November 26, 1949 as the date.
 The question as to whether the Preamble can be amended under Article 368 of the
Constitution arose for the first time in the historic case of Kesavananda Bharati (1973).
 The Supreme Court held that the Preamble is a part of the Constitution.
 The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional
Amendment Act, which has added three new words— Socialist, Secular and Integrity—to
the Preamble. This amendment was held to be valid.

Influence of other constitutions

Government Influence
  Parliamentary government
 Nominal head of the state
 Post of Prime Minister
 More powerful lower house
United Kingdom  Concept of single citizenship
 Legislative procedure
(all the  Bicameral legislature
parliamentary  Rule of law
features)  Cabinet system
 The legislative speaker and their role
 Writs
 Parliamentary privilege
 Bill of Rights (Fundamental rights)
 Written constitution
 Preamble to the Constitution
 Federal structure of government
 Impeachment of the President
United States  Post of the Vice President and his functions
(all the presidential  The institution of the Supreme Court
features)  Removal of Supreme Court and High courts judges
 Electoral College
 Independent judiciary and separation of powers
 Judicial review
 President as commander-in-chief of the armed forces
 Equal protection under law
 Directive principles of state policy
Ireland  Nomination of members to the Rajya Sabha by the President
 Method of election of the President
 Freedom of trade between states
 National legislative power to implement treaties, even on matters
outside normal federal jurisdiction
Australia
 Concurrent List
 Provision of Joint Session of the Parliament
 Preamble terminology
 Notions of liberté, égalité,
France fraternité (liberty, equality, fraternity) in the preamble
 The ideals of republic in the preamble
 Quasi-federal government—a federal system with a strong
central government
 Distribution of powers between the central and state governments
Canada
 Residual powers, retained by the central government
 Appointment of Governor of states by Centre
 Advisory jurisdiction of the Supreme Court
Soviet Union  Fundamental Duties under article 51-A.
 Mandated planning commission to oversee economic
development
 Ideals of justice (social, economic and political) in the
 preamble. Distributive justice = social + economic.
 Economic justice is non discrimination based on income.
Weimar Republic  Suspension of fundamental rights during emergency
 Amendment procedure of the constitution
South Africa
 Election of members of Rajya Sabha
 Procedure established by law
Japan  Laws on which the Supreme Court functions
 Only other nation to have fundamental duties.

The constitution's articles are grouped into the following parts:

 Preamble, with the words "socialist", "secular" and 'integrity' added in 1976 by the 42nd
amendment
 Part I – The Union and its Territory – Articles 1 to 4
 Part II – Citizenship – Articles 5 to 11
 Part III – Fundamental Rights – Articles 12 to 35
 Part IV – Directive Principles of State Policy – Articles 36 to 51
 Part IVA – Fundamental Duties – Article 51A
 Part V – The Union – Articles 52 to 151
 Part VI – The States – Articles 152 to 237
 Part VII – States in the B part of the first schedule (repealed) – Article 238
 Part VIII – Union Territories – Articles 239 to 242
 Part IX – Panchayats – Articles 243 to 243(O)
 Part IXA – Municipalities – Articles 243(P) to 243(ZG)
 Part IXB – Co-operative societies – Articles 243(ZH) to 243(ZT)
 Part X – Scheduled and tribal areas – Articles 244 to 244A
 Part XI – Relations between the Union and the States – Articles 245 to 263
 Part XII – Finance, property, contracts and suits – Articles 264 to 300A
 Part XIII – Trade and commerce within India – Articles 301 to 307
 Part XIV – Services under the union and states – Articles 308 to 323
 Part XIVA – Tribunals – Articles 323A to 323B
 Part XV – Elections – Articles 324 to 329A
 Part XVI – Special provisions relating to certain classes – Articles 330 to 342
 Part XVII – Languages – Articles 343 to 351
 Part XVIII – Emergency provisions – Articles 352 to 360
 Part XIX – Miscellaneous – Articles 361 to 367
 Part XX – Amendment of the Constitution – Articles 368
 Part XXI – Temporary, transitional and special provisions – Articles 369 to 392
 Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals –
Articles 393 to 395
Schedules
Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and
government policy.

Schedule Article(s) Description

First 1 and 4 Lists India's states and territories, changes in their borders and the
 laws used to make that change.

Lists the salaries of public officials, judges, and

the comptroller and auditor general.

 The various offices are:

o The President of India
o The Governors of States
o The Speaker and the Deputy Speaker of the
Lok Sabha
o The Chairman and the Deputy Chairman of
59(3), 65(3), 75(6), the Rajya Sabha
97, 125, 148(3), o The Speaker and the Deputy Speaker of the
Second
158(3), 164(5), 186 Legislative Assembly in the states
and 221 o The Chairman and the Deputy Chairman of
the Legislative Council in the states
o The Judges of the Supreme Court
o The Judges of the High Courts
o The Comptroller and Auditor General of
India.
 The provisions relating to the emoluments,
allowances, and privileges of state chief ministers
and council of ministers are not mentioned in the
Second Schedule.

75(4), 99, 124(6), Forms of oaths – Lists the oaths of office for elected officials and
Third 148(2), 164(3), 188 judges. But does not include the oath for the President of India.
and 219 President takes oath as under article 60 of our constitution.

Details the allocation of seats in the Rajya Sabha (upper house of

Fourth 4(1) and 80(2)
Parliament) by state or union territory.

Provides for the administration and control of Scheduled

Areas and Scheduled Tribes (areas and tribes requiring
special protection).
Fifth 244(1)
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan
and Telangana

Provisions made for the administration of tribal areas

Sixth 244(2) and 275(1)
in Assam, Meghalaya, Tripura, and Mizoram.
Seventh 246 Central government, state, and concurrent lists of responsibilities

Eighth 344(1) and 351 Official languages

Ninth 31-B Validation of certain acts and regulations.

Anti-defection provisions for members of Parliament and state

Tenth 102(2) and 191(2)
legislatures.

Panchayat Raj (rural local government). The act does not apply
to the states of Nagaland, Meghalaya and Mizoram and certain
Eleventh 243-G other areas.

Twelfth 243-W Municipalities (urban local government)

Article 31B saves the acts and regulations included in the Ninth Schedule from being
challenged and invalidated on the ground of contravention of any of the Fundamental Rights.
However, in a significant judgement delivered in I.R. Coelho case (2007), the Supreme
Court ruled that there could not be any blanket immunity from judicial review of laws included in
the Ninth Schedule. Judicial review is a ‘basic feature’ of the constitution and it could not
be taken away by putting a law under the Ninth Schedule. The laws placed under the Ninth
Schedule after April 24, 1973, are open to challenge in court if they violated Fundamental
Rights guaranteed under the Articles 14, 15, 19 and 21 or the ‘basic structure’ of the Constitution.

Language Spoken in Indian State of Year of Recognition

Assamese Assam 1950

Bengali West Bengal 1950

Gujarati Gujarat 1950

Hindi North India 1950

Kashmiri Jammu & Kashmir 1950

Kannada Karnataka 1950

Malayalam Kerala 1950

Marathi Maharashtra 1950

Odia Odisha 1950

Punjabi Punjab 1950

Sanskrit Karnataka (Shivamogga District) 1950

Tamil Tamil Nadu 1950

Telugu Andhra Pradesh, Telangana 1950

Urdu Jammu & Kashmir, Telangana and Uttar Pradesh 1950

Sindhi Rajasthan, Gujarat and Madhya Pradesh 1967

Konkani Goa 1992

Manipuri Manipur 1992

Nepali Sikkim, Assam, Arunachal Pradesh 1992

Bodo Assam and Meghalaya 2004

 Dogri Jammu and Himachal Pradesh 2004

Maithili Bihar and Jharkhand 2004

Santhali West Bengal, Jharkhand and Odisha 2004

Official Languages Commission is an Indian commission which was constituted by the

president of India in pursuance to the provisions stated in the Article-344 of the Indian
Constitution.
This commission was constituted on June 7, 1955 vide a notification of the Ministry of
Home Affairs, government of India.
Present chairman is the Home Minister.
As defined in the Article-344 of the Constitution, it shall be the duty of the Commission to
make recommendations to the President as to:

1. the progressive use of the Hindi language for the official purposes of the
Union;
2. restrictions on the use of the English language for all or any of the official
purposes of the Union;
3. the language to be used for all or any of the purposes mentioned in Article
348;
4. the form of numerals to be used for any one or more specified purposes of the
Union;
5. any other matter referred to the Commission by the President as regards the
official language of the Union and the language for communication between
the Union and a State or between one State and another and their use.
As defined in the articles of the Constitution of India, the committee shall consist of thirty
members, of whom twenty shall be members of the House of the People and ten shall be
members of the Council of States to be elected respectively by the members of the House of
the People and the members of the Council of States in accordance with the system of
proportional representation by means of the single transferable vote.

3. Formation of new States and alteration of areas, boundaries or names of existing

States
Parliament may by law-(a)Form a new State by separation of territory from any State or by
uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b)increase the area of any State;(c)diminish the area of any State;(d)alter the boundaries of
any State;(e)alter the name of any State;
Provided that no Bill for the purpose shall be introduced in either House of Parliament
except on the recommendation of the President and unless, where the proposal contained
in the Bill affects the area, boundaries or name of any of the States , the Bill has been
referred by the President to the Legislature of that State for expressing its views thereon
within such period as may be specified in the reference or within such further period as the
President may allow and the period so specified or allowed has expired.

First Amendment Act, 1951

 First Amendment Act in response to the Supreme Court's decision in the Shankari Prasad
case(1951), which had ruled that laws enacted by the Parliament could be challenged if they violated
the fundamental rights guaranteed by the Constitution.
 The Ninth Schedule was added. It is a special provision in the Constitution of India that allows the
legislature to exempt certain laws from judicial review through a constitutional amendment.
 The Ninth Schedule was brought by adding new Article 31B, which along with Article 31A enacted
with the aim of protecting laws related to agrarian reform and to abolish the Zamindari System.
Land was distributed equally among all the farmers to create a just society.

The state was empowered to make special provisions for the advancement of socially and backward classes.

 Added three more grounds of restrictions on freedom of speech and expression, viz., public order,
friendly relations with foreign states and incitement to an offence. Also, made the restrictions
‘reasonable’ and thus, justiciable in nature.
 Provided that state trading and nationalisation of any trade or business by the state is not to be invalid
on the ground of violation of the right to trade or business.

The question of Laws in the Ninth Schedule completely exempt from judicial scrutiny has been resolved
through various Supreme Court judgments, which are given as follows:

 Keshavananda Bharati v. State of Kerala (1973): The Supreme Court held that any law which
violates "Basic structure of the Indian Constitution" can be declared unconstitutional by the court.

DPSP vs FUNDAMENTAL RIGHTS

Article 39 – The State shall, in particular, direct its policy towards securing—

(a)that the citizens, men and women equally, have the right to an adequate means to
livelihood;
(b)that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;(c)that the operation of the economic
system does not result in the concentration of wealth and means of production to the common
detriment;
(d)that there is equal pay for equal work for both men and women;
(e)that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited
to their age or strength.

 What does the term “material resources of the community” used in Article 39(b)
of the Constitution denote?
 In the 1970s the Constitution used to be routinely amended, primarily to make
certain kinds of legislation exempt from judicial review.
 Article 13 declared that any law made in breach of a fundamental right would be
void.
 Article 37, on the other hand, declared that DPSPs will not be “enforceable in
any court”.
 Through the 25th amendment, Parliament introduced a new provision, Article
31C.
 Article 31 A – state can acquire any land in public interest for better
management of property.
 Article 31 B – Protects the acts and regulations included in the Ninth Schedule
from being challenged and invalidated on the ground of contravention of any of
the fundamental rights.
 Article 31C stipulated that a law giving effect to clauses (b) and (c) of Article 39
— which respectively entreated the state to make legislation towards securing the
material resources of the community and towards implementing an economic
system that does not result in concentration of wealth — could not be declared
void on the ground that it violated the rights conferred by Articles 14 or 19.
 Kesavananda Bharati case found that no amendment can violate the basic
structure of the constitution.

Second Amendment Act, 1952

The scale of representation in the Lok Sabha was readjusted stating that 1 member can represent even more
than 7.5 lakh people.

Seventh Amendment Act, 1956

The provision of having a common 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

Tenth Amendment Act, 1961

 Dadra, Nagar, and Haveli incorporated in the Union of Indian as a Union Territory

11th CAA

The original Constitution provided that the vice president would be elected by the two
Houses of Parliament assembled at a joint meeting. This cumbersome procedure was done
away by the 11th Constitutional Amendment Act of 1961.
The Vice-President is elected by an electoral college consisting of members of both Houses
of Parliament, in accordance with the system of proportional representation by means of the
single transferable vote and the voting in such election is by secret ballot. The Electoral
College to elect a person to the office of the Vice-President consists of all members of both
Houses of Parliament.
The electoral college for electing the President of India comprises of only the elected
members of Parliament and State Legislative Assemblies.

12th Amendment Act, 1962

Goa, Daman and Diu 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 incorporated into the Indian Union

Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Puducherry were
provided the legislature and council of ministers

19th Amendment Act, 1966

System of Election Tribunals was abolished and High Courts were given the power to hear the election
petitions

21st Amendment Act, 1967

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

31st Amendment Act, 1972

Lok Sabha seats were increased from 525 to 545

35th Amendment Act, 1974

The status of Sikkim as protectorate state was terminated and Sikkim was given the status of ‘Associate State’
of India

Prior to the 35th Amendment, Sikkim was a protectorate state, and the people of Sikkim wanted to build closer
ties with India. On 8th May, 1973, a tripartite agreement was entered into by the Sikkim Chogyal, the
representative of the Indian Government (Foreign Secretary, Keval Singh) and the representatives of the
 political parties of Sikkim. The agreement provided that the people of Sikkim had a right to participate in an
election based on adult suffrage and envisaged the setting up of the Sikkim Assembly, which would have a 4-
year term. Subsequently, the Sikkim Assembly was established in 1974. The Assembly expressed a desire to
build close relations with India.

36th Amendment Act, 1975

Sikkim was made a full-fledged state of India

42nd CAA 1976

42nd Amendment Act, 1976 is one of the most important amendments to the Indian Constitution. It
was enacted by the Indian National Congress headed by Indira Gandhi then. Due to the large number
of amendments this act has brought to the Indian Constitution, it is also known as ‘Mini-Constitution.’

Changes in Details of the Amendment

Provisions by the
42nd Amendment
Act

Preamble The 42nd Constitutional Amendment Act, 1976 is also famous as the Mini
Constitution. This amendment brought a big change to the Constitution’s preamble by
adding the words ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’ in the preamble.
This amendment also added a vital Part IVA in the Constitution as Fundamental duties.

7th Schedule Transferred five subjects from the state list to the concurrent list:

1. Education
2. Forests
3. Weights & Measures
4. Protection of Wild Animals and Birds
5. Administration of Justice

Article 51A 10 Fundamental Duties added for the citizens. (The Fundamental Duties of citizens
were added upon the recommendations of the Swaran Singh Committee that was
constituted by the government in 1976)

Parliament 1. Made President bound to the advice of the cabinet

2. Gave special discretionary powers to the speaker of the Lok Sabha and Prime
Minister (Article 329A)
 Judicial Powers of Curtailed the judicial review power of the High Courts
HC

Articles 323A and Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and
323B, Part XIV-A ‘Tribunals for other matters’.

Article 312 To create national judicial services.

DPSPs Three new DPSPs (Directive Principles of State Policy) were added to the existing list
of DPSPs and one was amended:

1. To secure opportunities for the healthy development of children (Article 39)

2. To promote equal justice and to provide free legal aid to the poor (Article 39
A)
3. To take steps to secure the participation of workers in the management of
industries (Article 43 A)
4. To protect and improve the environment and to safeguard forests and wildlife
(Article 48 A)

44th CAA 1978

Reversed a lot of provisions brought by the 42nd CAA.

 Any changes in the basic structure of the constitution can be made only if they are
approved by the people of India by a majority of votes at a referendum in which at least
fifty-one per cent of the electorate participated.
 Article 368 is being amended to ensure this.
 The 44th Amendment Act of 1978 reversed the provision made by the 42nd amendment
act that allowed the government to amend the constitution on its wish by Article 368.
44th Amendment Act nullified this unjustified power to the government.
 Right to Property was removed from the list of fundamental rights (Article 31) and was
made a legal right under Article 300A.
 Proclamation of Emergency can be issued only when the security of India or any part of its
territory is threatened by war or external aggression or by armed rebellion. Internal
disturbance not amounting to armed rebellion would not be a ground for the issue of a
Proclamation.
 An emergency can be proclaimed only on the basis of written advice tendered to
the President by the Cabinet.
 The right to liberty is further strengthened by the provision that law for preventive detention
cannot authorise, in any case, detention for a longer period than three months, unless an
Advisory Board has reported that there is sufficient cause for such detention.
 Right of the media to report freely and without censorship the proceedings in Parliament and
the State Legislatures.

52nd Amendment Act, 1985

A new tenth Schedule was added providing for the anti-defection laws.

61st Amendment Act, 1989

The 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 Territory of Delhi.’

70-member legislative assembly and a 7-member council of ministers were established Delhi

71st Amendment Act, 1992

Konkani, Manipuri and Nepali languages were included in the Eighth Schedule of the Constitution.

Total number of official languages increased to 18

73rd Amendment Act, 1992

Panchayati Raj institutions were given constitutional status.

 A new Part-IX and 11th Schedule were added in the Indian Constitution to recognize Panchayati
Raj Institutions and provisions related to them. This part is entitled ‘The Panchayats’ and consists
of provisions from Articles 243 to 243 O.
 The provisions of this Part are applicable to the Union territories. But the President may direct that
they would apply to a Union territory subject to such exceptions and modifications as he may specify.
The act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas.
 However, the Parliament may extend the provisions of this Part to the scheduled areas and tribal
areas subject to such exceptions and modifications as it may specify.
 Under this provision, the Parliament enacted the “Provisions of the Panchayats (Extension to the
Scheduled Areas Act”, 1996, popularly known as the PESA Act or the Extension Act.

 It is compulsary for states to reserve seats (both members and chairpersons) for SCs and STs in
panchayats at all three levels, whereas, providing reservation of seats (members and chairpersons)
for backward classes in panchayats at any level is voluntary for the states to implement.
 It is compulsory for states to constitute a State Finance Commission after every five years to review
the financial position of the panchayats, whereas, making the grants-in-aid to the panchayats from
the consolidated fund of the state is a voluntary provision.
 Indirect elections to the post of chairperson of panchayats at intermediate and district levels is a
compulsory provision for states to implement.

74th Amendment Act, 1992

Urban local bodies were granted constitutional status

The Act provided for the establishment of three types of ULBs:

 Nagar panchayats for a ‘transitional area’.

 Municipal councils for a ‘smaller urban area’.
 Municipal corporations for a ‘larger urban area’.

A new Part IX-A and 12th Schedule were added to the Indian Constitution

86th Amendment Act, 2002

 Article 21A. Elementary Education was made a fundamental right – Free and compulsory education to
children between 6 and 14 years

A new Fundamental Duty under Article 51 A was added – “It shall be the duty of every citizen of India
who is a parent or guardian to provide opportunities for education to his child or ward between the age
of six and fourteen years”

92nd Amendment Act, 2003

Bodo, Dogri (Dongri), Maithili and Santhali were added in the Eighth schedule

Total official languages were increased from 18 to 22

95th Amendment Act, 2009

Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians
in the Lok Sabha and the state legislative assemblies for a further period of ten years i.e., up to 2020
(Article 334).

94th CAA 2006

The chief minister is appointed by the governor. The other ministers are appointed by the governor on
the advice of the chief minister. This means that the governor can appoint only those persons as
ministers who are recommended by the chief minister.

However, the Constitution provides for the appointment of tribal welfare ministers in Chhattisgarh,
Jharkhand, Madhya Pradesh and Odisha. Originally, this provision was applicable to Bihar,
Madhya Pradesh and Odisha.

The 94th Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare
minister as there are no Scheduled Areas in Bihar now and the fraction of the population of the
Scheduled Tribes is very small. The same Amendment also extended the above provision to the newly
formed states of Chhattisgarh and Jharkhand.

97th Amendment Act, 2011

 Co-operative Societies were granted constitutional status:

 Right to form cooperative societies made a fundamental right (Article 19)

 A new Directive Principle of State Policy ( Article 43-B) to promote cooperative societies
 A new part IX-B was added in the constitution for cooperative societies

99th CAA

The 99th Constitutional Amendment Act established the National Judicial Commission Act (NJAC)
in 2014 to replace the collegium system for appointing judges. The Supreme Court, on the other hand,
backed the collegium system and ruled the NJAC unconstitutional, arguing that the political
executive's involvement in judicial selections contradicted the Basic Structure Principles and the
Judiciary's independence.

100th Amendment Act, 2015

To pursue land boundary agreement 1974 between India and Bangladesh, exchange of some enclave territories
with Bangladesh mentioned

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

Goods and Service Tax (GST) was introduced. Read more about GST in the linked article.

102nd Amendment Act, 2018

Constitutional Status was granted to National Commission for Backward Classes (NCBC)

103rd Amendment Act, 2019

A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the
classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally
backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
 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. Removed the reserved seats for the Anglo-Indian community in the Lok
Sabha and state assemblies.

106th CAA 2023

Key Points: New clauses have been inserted in Article 239-AA that focuses on: Reservation of seats
for women in Legislative Assembly of Delhi.
1/3rd of the seats for Scheduled Castes will be reserved for women. 1/3rd of the seats that have to be
filled by direct election will be reserved for women (including women belonging to Scheduled
Castes).
330 wis for reservation of SC/STs in Lok Sabha and 332 for reservation in state assembly. Now
they are amended to include women as well.
Article 330-A has been inserted relating to: Reservation of seats for women in Lok Sabha or House of
the People. 1/3rd of the total number of seats reserved under Article 330 (2) will be reserved for
women belonging to Scheduled Castes or the Scheduled Tribes. 1/3rd of the seats that have to be
filled by direct election will be reserved for women (including the number of seats reserved for
women belonging to Scheduled Castes and Scheduled Tribes).
Article 332-A has been inserted relating to: Reservation of seats for women in the Legislative
Assembly of every State. 1/3rd of the total number of seats reserved under Article 332 (3) will be
reserved for women belonging to Scheduled Castes or the Scheduled Tribes. 1/3rd of the seats that
have to be filled by direct election will be reserved for women (including the number of seats reserved
for women belonging to Scheduled Castes and Scheduled Tribes).
Rotation of seats will be exercised after delimitation exercise.
The Act will expire after a period of 15 years from the date of commencement....

Articles 302 to 305 of Part XIII of the Constitution itself. These are explained below:

 Parliament can impose restrictions on the freedom of trade, commerce, and

intercourse between the states or within a state in the public interest. But the
Parliament cannot give preference to one state over another or discriminate between
the state except in the case of scarcity of goods in any part of India.
 The legislature of a state can impose reasonable restrictions on the freedom of
trade, commerce, and intercourse with that state or within that state in the
public interest. But, a bill for this purpose can be introduced in the legislature only
with the previous sanction of the president. Further, the state legislature cannot
give preference to one state over another or discriminate between the states.

A list of all 20 constitutional bodies and articles in which they are mentioned is provided below:
Constitutional Bodies Article in Constitution

Attorney General of India 76

State Election Commission 243-K

Union Public Service Commission 315-323

Comptroller and Auditor General of India 148

Election Commission of India 324

Inter-State Council 263

State Finance Commission 243-I

District Planning Committee 243ZD

Metropolitan Planning Committee 243ZE

Advocate General of State 165

Finance Commission 280

Goods and Service Tax Council 279A

State Public Service Commission 315-323

National Commission for Scheduled Castes 338

Official Language Commission and Official Language Committee of Parliament 344

National Commission for Scheduled Tribes 338A

National Commission for Backward Classes 338B

Special Officer for Linguistic Minorities 350B

Backward Classes Commission 340

Scheduled Area and Scheduled Tribes Commission 339

The First Backward Classes Commission was established by a presidential order on 29
January 1953 under the chairmanship of Kaka Kalelkar. It was set up in accordance with
Article 340 of the Constitution of India. It recommended treating all women as a class as
‘backward’.
Second was constituted after Indira Sawhney Case – Mandal Commission is the popular
name.
Third and current commission is headed by Gangaram Hans Raj Ahir.
The following States and Union Territories have one seat each in the Lok Sabha - Mizoram,
Nagaland, Sikkim, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli,
Daman and Diu, Lakshadweep, Pondicherry.

Order of Precedence

Rank Post

1 President

2 Vice-President

3 Prime Minister

4 Governors of States within their respective States

5 Former Presidents

5A Deputy Prime Minister

6  Chief Justice of India

 Speaker of Lok Sabha

7  Cabinet Ministers of the Union

  Chief Ministers of States within their respective States
 Deputy Chairman Planning commission (NITI Aayog)
 Former Prime Ministers
 Leaders of Opposition in Rajya Sabha and Lok Sabha

7A Holders of Bharat Ratna decoration

 Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth

countries accredited to India
8
 Chief Ministers of States (outside their respective States)
 Governors of States (outside their respective States)

9 Judges of Supreme Court

 Chairperson of Union Public Service Commission

9A  Chief Election Commissioner
 Comptroller and Auditor General of India

 Deputy Chairman of Rajya Sabha

 Deputy Chief Ministers of States
 Deputy Speaker of Lok Sabha
10
 Members of the Planning Commission
 Ministers of State of the Union
 National Security Advisor

 Attorney General of India

 Cabinet Secretary
11
 Lieutenant Governors within their respective Union Territories
 Principal Secretary to the Prime Minister

Chiefs of Staff holding the rank of full General or equivalent rank

 General of the Indian Army

12
 Air Chief Marshal of the Indian Air Force
 Admiral of the Indian navy
 LOK SABHA vs RAJYA SABHA

COMMON POWERS

 Election and impeachment of the President.

 Make law defining parliamentary privileges and also to punish for contempt.
 Enlargement of the jurisdiction of the Supreme Court and the UPSC.
 Approve Emergency under Article 352 and 356.
 Election and removal of the Vice-President (however, RS alone initiate removal + RS
special majority & LS agree by simple majority).
 Approval of ordinances by President.
 Receive reports and papers from various statutory authorities- Annual Financial Statement -
Audit Reports from CAG - Reports of UPSC - Reports of the Special Officer for the SCs &
STs- Report of the Commission to investigate the conditions of the Backward Classes -
Report of the Special Officer for Linguistic Minorities.

SPECIAL POWERS OF LS

 Money Bill can be introduced only in the Lok Sabha.

 A Financial Bill, not containing solely the matters of Article 110, also can be introduced only
in the Lok Sabha.
 Joint sitting presided by Lok Sabha speaker (Lok sabha also wins in such sitting due to larger
numbers).
 Resolution for the discontinuance of the national emergency can be passed only by the
Lok Sabha.
 Cannot amend or reject a Money Bill; can only recommend which can be accepted or not by
Lok sabha (has to return within 14 days).
 Final say on if bill is money bill or not lies with speaker of Lok Sabha.
 Only discuss the budget but cannot vote on the demands for grants.
 Cannot remove the Council of Ministers by passing a no-confidence motion.

SPECIAL POWERS OF RS

 It can declare the matter of state list as an important matter of national importance.
 ARTICLE 312 – It has the role of creating and removing All India Services.

Principal Secretary – secretary to PMO. It is a department under the allocation of

business rules 1961.

Cabinet Secretary – secretary to entire cabinet. It is a department under the allocation

of business rules 1961.

CONSTITUTIONAL AMENDMENT BILL

 Article 368 explains that, Parliament under Article 368 can alter any aspect of the
Constitution including the Fundamental Rights but without compromising the 'basic
structure' of the Constitution".
 Article 368 of Part XX of the Indian Constitution allows for two sorts of amendments.
o By a special majority of Parliament
o By a special majority of the Parliament with the ratification by half of the total
states
  Unlike a money bill or a financial bill, it does not require the President's prior
recommendation.
 It can be presented in either House and would require a special majority in each
to pass.
 There can be a deadlock, but there can't be a joint sitting to resolve it.
 The bill must be signed by the president. He cannot withhold his assent to the law or
return it to Parliament for reconsideration.
 If a constitutional amendment bill relates with the division of powers between the
Centre and the States, it must be ratified by at least half of the states.
 The 24th Constitutional Amendment Act of 1971 established that the president
would grant his consent to our Constitutional Amendment Bill after it had been duly
enacted by the Houses.
 Examples: The Constitution (Scheduled Tribes) Order (Amendment) Bill 2021,The
Constitution (One Hundred and Twenty-Seventh Amendment) Bill 2021,The
Constitution (One Hundred Twenty-Sixth Amendment) Bill 2019.

CONSTITUTIONAL AMENDMENT

 Article 368 governs the process of amending the Constitution.

 Constitutional amendments can take place through three different procedures.
 The first is through a simple majority of those present and voting in each House of
Parliament.
 That is, some provisions in the Constitution can be amended in the
same way ordinary legislations are passed.
 Such provisions are excluded from the purview of Article 368, thereby
creating a separate category.
 Some examples include amendments contemplated in Article 4 (changes related
to the organisation of States), Article 169 (abolition or creation of Legislative
Councils in States), and Schedule VI etc.
 The second category amendment require ‘special majority,’ wherein not less than
two-thirds of the members are present and voting in each House of Parliament as
well as by a majority of the total membership of each House.
 A third category requires both a ‘special majority’ and ratification by at
least half of the State legislatures.
 No specific time limit for ratification by the State legislatures has been specified but
resolutions ratifying the proposed amendment should be passed before the
Bill is presented to the President for his assent.
 They are listed in the proviso to Article 368(2) and pertain to the federal structure
of the Constitution.
 They are commonly referred to as ‘entrenched provisions’ and
are as follows — if there is a change in the provisions regarding elections to the post
of the President of India (Article 54 and 55); if there is a change in the extent of
the executive power of the Union or the State governments (Article 73 and 162); if
there is any change in the provisions regarding the Union judiciary or the High
Courts. (Articles 124–147 and 214–231); if the distribution of legislative and
 administrative powers between the Union and the States is affected (Article 245 to
255); if any of the Lists in the Seventh Schedule is affected; if the representation
of the States in Parliament is changed (Article 82); and if Article 368 itself is
amended.
 For instance, the Constitution (One Hundred and First Amendment) Act,
2016, which introduced the Goods and Services Tax regime was ratified by more
than half of the State legislatures before receiving the President’s assent on
September 8, 2016.
 Can a State rescind its ratification?
 There is no definite answer. There is no specific mention of it in the Constitution
nor have courts in India dealt with this before. Moreover, since the prevailing
constitutional practice makes ratification by at least half of all the States sufficient
for compliance without requiring all States to consent, such a situation is
unlikely to arise.
DPSP

 Borrowed from Ireland – Irish constitution

 Enshrines Socio-economic democracy
 They are an ‘instrument of instructions’ which are enumerated in the Government of
India Act, 1935.
 The concept behind the DPSP is to create a ‘Welfare State’.
 Sapru Report 1945 gave us both Fundamental Rights (justiciable) and DPSP(s)
(non-justiciable).
 The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental
in the governance of the country and it shall be the duty of the state to apply these
principles in making laws.’
 They were made non-justifiable considering that the State may not have enough
resources to implement all of them or it may even come up with some better and
progressive laws.

SOCIALIST PRINCIPLES

Article 38: Promoting welfare of the society by securing a social order permeated by justice.
Article 39: To secure

 Right of adequate means of livelihood

 Equitable distribution of material resources of the community for the common good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of health and strength of workers and children against forcible abuse
 Opportunities for healthy development of the child
Article 39A: To promote equal justice and to provide free legal aid to the poor
Article 41: To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement
Article 42: Make provisions for just and humane conditions for work and maternity relief
Article 43: To secure a living wage, a decent standard of life and social and cultural opportunities for
all workers
Article 43A: Steps to secure participation of workers in the management of industries
Article 47: Raise the level of nutrition and the standard of living of people and to improve public
health.

GANDHIAN PRINCIPLES
Article 40: To organize village panchayats and endow them with necessary powers
Article 43: To promote cottage industries on an individual and cooperative basis
Article 43B: To promote functioning of cooperative societies
Article 46: To promote educational and economic interests of SCs, STs and other weaker sections
Article 47: To prohibit the consumption of intoxicating drinks and drugs
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve their breeds.

LIBERAL INTELLECTUAL PRINCIPLES

Article 44: To secure a uniform civil code for all

Article 45: To provide early childhood care until 6 years of age
Article 48: To organize agriculture and animal husbandry on modern scientific lines
Article 48A: To protect and improve the environment and to safeguard forests and wildlife
Article 49: To protect monuments, places and objects of artistic or historic interest
Article 50: To separate judiciary from the executive
Article 51: To promote international peace and security

42nd Constitutional Amendment, 1976

Added four new DPSP
Article 39: To secure opportunities for healthy development of children
Article 39A: To provide free legal aid to the poor.
Article 43A: Participation of workers in management of Industries.
Article 48A: To protect and improve the environment.
44th CAA
Article 38: to minimize inequalities in income, status, facilities and opportunities
86th CAA
Changed the subject-matter and made elementary education a fundamental right under Article
21A. The amendment directed state to provide early childhood care until the completion of six years
97th CAA
Article 43B: cooperative societies.
FUNDAMENTAL DUTIES
No Duties of the Citizen were incorporated in the original constitution of India at the time of its
commencement in 1950.
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in
1976, upon the recommendations of the Swaran Singh Committee.
They help the courts in examining and determining the constitutional validity of a law.
In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a court
finds that the law in question seeks to give effect to a fundamental duty, it may consider such
law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) .
The idea of this section was borrowed from USSR constitution

 Enumerated in Part IV(A) and consist of single Art. 51

 Committee recommended only Eight Duties.

 In addition, one more duty added by 86th CAA 2002 – 51A(k) = Total 11 duties.
 Japanese constitution is one of the other democratic nations which have a
provision dealing with the duties of its citizens.
 FD apply only to citizens and DO NOT EXTEND TO FOREIGNERS

Swaran Singh Committee on Fundamental Duty:

Some recommendations of the committee which were not accepted include:

 Parliament may provide for any penalty for failure to adhere to any FD
 No law imposing such penalty could be questioned in the court
 Duty to pay taxes should also be a fundamental duty of the citizens

List of Fundamental Duties

1. To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for
freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all people
of India transcending religious, linguistic and regional or sectional diversities
and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
 7. To protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity, so
that the nation constantly rises to higher levels of endeavour and achievement.
11. Subsequently, another duty was added by the 86th Constitutional Amendment
Act of 2002: for a parent or guardian to provide opportunities for education of
the child or ward between the age of six and fourteen (It was added when under
Article 21A Right to education was made a FR).

The features of Fundamental duties are as follows:

 These duties are also related to Hindu traditions or mythology like paying respect
to the country or promoting the spirit of brotherhood
 Duties cannot be imposed by writs.