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POLITY

The document outlines the process of drafting the Indian Constitution, highlighting the roles of the Constituent Assembly (CA) and its members, which included 389 representatives. It details the significant dates, committees, and sources of the Constitution, as well as the Preamble and its importance. Additionally, it discusses the evolution of states in India post-independence and the various amendments made to the Constitution over time.

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Krishma goyal
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© © All Rights Reserved
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0% found this document useful (0 votes)
30 views

POLITY

The document outlines the process of drafting the Indian Constitution, highlighting the roles of the Constituent Assembly (CA) and its members, which included 389 representatives. It details the significant dates, committees, and sources of the Constitution, as well as the Preamble and its importance. Additionally, it discusses the evolution of states in India post-independence and the various amendments made to the Constitution over time.

Uploaded by

Krishma goyal
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
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RUPINDER SIDHU ACADEMY

(88475-71836)

MAKING OF CONSTITUTION
Definition : Constitution – it deals with the rules and norms
from which the governmental organs draw their powers
andfunctions
IN ORDER TO GOVERN THE SOCIETY,THERE ARE THREE ORGANS
Legislature (law making body)
Executive (Implementing body)
Judiciary (To resolve the dispute)
INDIAN CONSTITUTION IS DRAFTED BY : Constituent assembly (CA)

CA AV Alexander
CMP Pathick Lawrence
Stafford cripps
Secretary of state
for India (SOS)
Total members of CA= 389

 India constitution is drafted by “CA”


 CA was established on the recommendation of (CMP)
RUPINDER SIDHU ACADEMY
(88475-71836) CMP

CA constitution

 Members of CA were elected “indirectly” from provincial


assemblies
 Seats allotted to the assembly were according to “Population”
 The idea of CA was given by MN Roy in 1934
 This demand of CA was officially demanded by (INC) Indian
national congress in 1936 at lucknow session (president :
Jawaharlal Nehru)
 Britishers accepted this offer in 1940 in “August offer” and
finally CA was established by CMP in 1946
 These members (389) were divided into following categories
292: were representatives from states/provinces
93: were representatives from princely states
4 were representatives from chief commissioner provinces
Today known As -: UTs 4 were Delhi , Ajmer merwara, Coorg ,
Balochistan
 Highest member of CA: UP= 55
PB member = 12
Leader -: Giani Gurmukh Singh Musafir [10th CM of Punjab
(1966 -67) belong to congress party]
 Seats were divided into 3 Communities =(Muslims ,Sikhs &
general)
RUPINDER SIDHU ACADEMY
(88475-71836)

 Ist session of CA: 9 to 23 Dec 1946 on this date, Sachidanand


sinha was elected temporary president (French Model)
 Total Session of CA : 11
 11th Session of CA: 14 to 26 Nov 1949
 On 11 Dec 1946: permanent president : Dr Rajendra Prasad
 Vice-president: HC Mukherjee (he became Ist governor of West
Bengal)
 Constitutional adviser: BN Rao
 On 13 Dec 1946 : “objective resolution “ was introduced in CA
by Jawaharlal Nehru and adopted by CA on 22 Jan 1947
 CA took 2 years, 11 month, 18 days to frame the constitution
 There were 22 committees of CA

 Before Independence, total member of CA were : 389


 After Independence, total member of CA were : 299
 During adoption of constitution total members of CA:
284
 Out of 389 members 15 are women
RUPINDER SIDHU ACADEMY
(88475-71836)
IMPORTANT COMMITTEE OF CA
a) Drafting Committee : BR AMBEDKAR {established on 29 August
1947}
 Alladi Krishnaswamy Aiyyar
 Gopalswamy Ayyenger
 Madhav Rao – Replace (BL Mitter)
 Syed Saadullah
 DP Khaitan - ( 1948 died ) after death replace { TT
krishnamchari}
 KM Munshi

Head :
b) Union power Committee
Jawaharlal
c) Union Constitution committee Nehru
d) States committees
e) Provincial Constitution Committee Head:
sardar
f) Committee on Fundamental Rights and Minorities vallabhbhai
patel
g) Committee on excluded areas and Tribes
h) Finance and staff committee Head :
I) Committee on Rules of Procedure Rajendra
j) Steering Committee Prasad
 Adhoc Flag committee
k) Special committee to Review the draft : Head: Alladi
Krishnaswamy Ayyar
RUPINDER SIDHU ACADEMY
(88475-71836)
l) Order of Business committee : Head: K M Munshi
m) House committee: Head:
Patabbi
n) committee on chief commissioner provinces: sitaramaiya

o) Flag Committee: Head: JB Kriplani { Dr. S Radhakrishnan has


given full description of our national flag in CA}
IMPORTANT DATES
a) CA adopted our constitution on 26 Nov 1949 and it came into
force on (26 Jan 1950) Indian constitution was finally signed by
Members of CA on 24 Jan 1950

b) CA adopted our National anthem and National Song on 24 Jan 1950

c) CA inaugurated our Supreme Court on 28 Jan 1950


d) CA adopted our National Flag on 22 July 1947
CA arrived at their decisions by CONSENSUS
When our Constitution came into force, it contains
395 articles 470 Articles ਅਨੁਛਦ

But
22parts & Today 25 parts ਭਾਗ

8 schedules 12 schedules ਷ੂਚੀਆਂ


RUPINDER SIDHU ACADEMY
(88475-71836)
Sources of Indian Constitution
UK Parliamentary System

Prime Minister
President
Single citizenship
Rule of law

USA
Preamble (਩ਰ਷ਤਾਵਨਾ)

Fundamental Rights (ਮੂਲ ਅਧਧਕਾਰ)


Independence of Judiciary
Removal of Supreme Court & High Court judge

Ireland
Directive principles of state policy (DPSPs)
 Method of election of President
 Member Nomination to Rajya Sabha by President
USSR
(Russia) Fundamental Duties (FDs)
 5 year plan

South Africa Amendment of Constitution


 Election of Member to Rajya Sabha
RUPINDER SIDHU ACADEMY
(88475-71836)
 Emergency Provisions : Govt of India Act, 1935
 Suspension of Fundamental rights: Germany

PREAMBLE : It is the Latin word


It is the introduction of constitution
WE THE PEOPLE OF INDIA have solemnly resolved to constitute
Copy to : US constitution

India into : SOVEREIGN , SOCIALIST, SECULAR, DEMOCRATIC &


REPUBLIC (ਅ਷ੀਂ ਭਾਰਤ ਦ੃ ਲ੅ ਕ ਧਦਰੜ ਷ੰ ਕਲ਩ ਸ੅ ਕ੃ ਭਾਰਤ ਨੂੰ ਩ਰਭ਷
ੂ ੱਤਾ
French Revolution

਷ੰ ਩ਨ ਷ਮਾਜਵਾਦ ਧਰਮ ਧਨਰ਩ੱਖ ਲ੅ ਕਤੰ ਤਰੀ ਤ੃ ਗਣਤੰ ਤਰ ਬਣਾਵਾਗ੃ )

Russian Revolution

JUSTICE ---- social , economic and political


LIBERTY ---- of thought, expression, belief , faith & worship
EQUALITY French
FRATERNITY ------------------ Integrity Revolution
IN OUR CONSTITUENT ASSEMBLY, this 26th day of Nov
do here by adopt, enact and give to ourselves this
constitution .
The words : Socialist ,Secular, Integrity were not there in original
Constitution , they were added by 42nd amendment , 1976
This Preamble page is designed by –Beohar Rammanohar
 In Berubari case (1960), Supreme Court held that
Preamble is not part of constitution
But in Keshavnanda Bharti case (1973) and LIC case
(1995), Supreme Court held that Preamble is Part of
constitution
Thakurdas bhargava : Preamble is Soul of Constitution
NA Palkhivala : Identity card of Constitution
{Famous Book: WE, THE PEOPLE}
 KM Munshi : Preamble is Political Horoscope of
Constitution
SCHEDULES OF INDIAN CONSTITUTION
Scheduled 1: list of states and UTs. {28 states ਤ੃ 8 UTs}
Scheduled 2 : Salaries and allowances {President, Governor ,
Supreme Court Judges , High Court Judges, CAG, Speaker &
deputy Speaker of Lok Sabha and States legislative assemblies [
(SLA)ਧਵਧਾਨ ਷ਭਾ ], chairman & deputy Chairman of Rajya Sabha ਤ੃
State legislative councils (ਧਵਧਾਨ ਩ਰੀਸ਼ਦ)

Parliament States

Lok Sabha Rajya sabha States legislative State legislative


assemblies (ਧਵਧਾਨ councils (ਧਵਧਾਨ

਷ਭਾ) ਩ਰੀਸ਼ਦ)
RUPINDER SIDHU ACADEMY
(88475-71836)
Scheduled 3 : Forms of oaths and affirmations
Scheduled 4 : Allocation of seats from states in Rajya Sabha
Scheduled 5: Administration and Control of Schedule areas &
Tribes.
Scheduled 6: Administration and Control of Schedule areas &
Tribes for north eastern states (Assam, Meghalaya, Tripura ,
Mizoram )
Scheduled 7: Division of power between centre and states.
It contains 3 lists UNION LIST 100 Subject
STATE LIST 61
CONCURRENT LIST 52
 Sarkaria Commission: was set up in June 1983 , for
centre- state relations. It submitted its report in 1988.
Other Members : B Sivaraman & SR Sen.
Scheduled 8: official Languages { In original constitution there
were 14 official languages } But today, there are 22.
-: Sindhi Added by 21st Amendment- 1967
-: Konkani -: Maithili 92nd
-: Manipuri 71st Amendment 1992 -: Bodo Amend
-: Nepali -: Dogri 2003
-: Santhali
RUPINDER SIDHU ACADEMY
(88475-71836)
* Classical Languages : 6
1. Tamil (2004)
2. Sanskrit (2005)
3. Telugu 2008
4. Kannada
5. Malayalam (2013)
6. Odia (2014)

USA was the 1st country to write its constitution in 1789.


There were Only 7 articles
Till Date Total Amendment 27 has been done
“ Ist 10 Amendment :- Bill of rights”

SCHEDULES OF INDIAN CONSTITUTION


 Article : 368 Amendment of Constitution
Scheduled 9 : Added by Ist Amendment , 1951 : it contains the
provisions regarding land reforms
Scheduled 10 : Added by 52nd Amendment , 1985 : it contains
provisions regarding disqualification of Member on the grounds of
Anti-defection Law . ( Presiding officer )
Scheduled 11: Added by 73rd Amendment , 1992: It contains
provisions regarding Panchayats : ( 29 Subjects)
Scheduled 12: Added by 74th Amendment , 1992 : It contains
provisions regarding Municipalities ( 18 Subjects)
RUPINDER SIDHU ACADEMY
(88475-71836)
Part – I (Article 1 to 4)
UNION and Its TERRITORIES
( ਷ੰ ਘ ਅਤ੃ ਉ਷ ਦਾ ਰਾਜ ਖ੃ਤਰ )
Article 1: India that is Bharat is described as “UNION of STATES”(Unitary)
rather than “ FEDERATION of STATES” (federal)
(Federal: When there is clear cut division of power between centre
& states. )

 The word “FEDERATION” is used Nowhere in the


constitution

Article 2 : Article 2 ਨੇ ਆ਩ਣ੃ ਦ੃ਸ਼ ਦੀ Parliament ਨੂੰ power ਦ੃ ਧਦੱਤੀ ਸ੄ ਕੀ ਉਸ

ਧਕ਷੃ ਵੀ state ਨੂੰ ਧਕ਷੃ ਵੀ area ਨੂੰ ਆ਩ਣ੃ ਮੁਲਕ ਧਵੱਚ add ਕਰ ਷ਕਦ੃ ਸ੄ ਤ੃ ਕ੅ਈ ਵੀ

ਨਵੀਂ state ਬਣਾ ਷ਕਦ੃ ਸ੄, Parliament ਕ੅ਲ power ਸ੄ ਨਵੇਂ ਰਾਜਾਂ ਦਾ ਦਾਖਲਾ ਕਰਨਾ

ਜਾਂ ਨਵੇਂ ਰਾਜਾਂ ਦੀ ਷ਥਾ਩ਨਾ ਕਰਨਾ (Article 2 ਉਨਹਾਂ area ਦੀ ਗੱਲ ਕਰਦੀ ਸ੄ ਧਜਸੜਾ

ਆ਩ਣ੃ ਮੁਲਕ ਦਾ ਧਸੱ਷ਾ ਨਸੀਂ ਸੁੰ ਦੀਆਂ ਧਜਵੇਂ ਧਕ ( Sikkim: 1975)

Article 3: Parliament ਕ੅ਲ power ਸ੄ ਉਸ ਚਾਸੁੰ ਣ ਤਾਂ ਆ਩ਣੀ ਧਕ਷੃ state ਦਾ area

ਵਧਾ ਷ਕਦ੃ ਸ੄ ਧਕ਷੃ ਵੀ state ਦਾ area ਘਟਾ ਷ਕਦ੃ ਸ੄ ਧਕ਷੃ ਵੀ state ਦਾ ਨਾਮ

change ਕਰ ਷ਕਦ੃ ਸ੄. (ਧਜਸੜੀਆਂ States already ਆ਩ਣ੃ ਮੁਲਕ ਦੀਆਂ ਸਨ ਉ਷

ਧਵੱਚ ਛ੃ੜਛਾੜ ਕਰਨੀ ਧਜਵੇਂ – ਆਂਧਰਾ ਩ਰਦ੃ਸ਼ ਚੋਂ ਤ੃ਲੰਗਾਨਾ ਬਣਾ ਤਾਂ)
RUPINDER SIDHU ACADEMY
(88475-71836)

Article 2 : Empowers the Parliament to admit/entrance and


formation of New States in India. (Exp: Sikkim)

Article 3 : It gives the supreme Power to the Parliament to


change the Boundaries of any state in India
It can increase or decrease the area. It means India is described as
“ Indestructible union of destructible states”

 After the independence, states were organized but without


following any criteria. Therefore demand started arising to
reorganize the states.
 To address this issue, SK Dhar Commission was set up in June
1948, It was followed by JVP Committee in Dec 1948.
 But they decided that India will not be divided on languages
basis.
 But the situation became critical, when congress leaders
burnt themselves. And finally Andhra State was created on
Language Basis in Oct: 1953. (capital : Kurnool)
 In 1953, states reorganization commission was set up under
Fazal Ali and its other Member : HN Kunzru & KM Panniker
 And In 1956, states reorganization Act was passed, under
which 14 states and 6 UTs were established.
RUPINDER SIDHU ACADEMY
(88475-71836)

 6 UTs : - 1. Andaman& Nicobar


2. Delhi
3. HP
4. Manipur
5. Tripura 1973 Lakshadweep
6. Laccadive; Amindivi & Minicoy Island

List of changed Names


1. United province was Renamed as: Uttar Pradesh (1950)
2. Travancore-Cochin was Renamed as: Kerala ( 1956)
3. Madras was Renamed as: Tamil Nadu ( 1969)
4. Mysore was Renamed as: Karnatka (1973)
5. By 69th Amendment : 1991 Delhi was designated as
NCR/NCT
National Capital Region/ National Capital Territory
6. Pondicherry was Renamed as: Puducherry ( 2006)
7. Uttaranchal was Renamed as: UK (2007)
8. Orissa was Renamed as: Odisha (2011)
RUPINDER SIDHU ACADEMY
(88475-71836)
In 1947, the country was divided into FOUR PARTS

Part A : contains 9 states: Assam, Bihar, Bombay, MP,


Madras, Orissa, Punjab, UP and WB.
Which were the former governor’s Provinces of British India.

Part B: contains 8 States: PEPSU, J&K, Rajasthan, Saurashtra,


Travancore – cochin, Mysore, Hyderabad, Madhya Bharat.
Which were former Princely states

Part C: Included chief commissioner Provinces contains 10


states: Ajmer, Bhopal, Bilaspur, coorg, delhi, HP, cutch,
Manipur, Tripura and Vindhya Pradesh
Part D: Contains Andaman and Nicobar Islands

Evolution of States
A. Hyderabad Princely state: was added to India:By Army Mission
Operation Polo

B. Junagarh Princely state: was added to India:By Referendum


C. Kashmir Princely state: was added to India:By Instrument of
accession
In 1956 there were : 14 states & 6 UTs

And today : 28 states & 8 UTs


RUPINDER SIDHU ACADEMY
(88475-71836)
 Maharashtra and Gujarat: 1960
 Dadra and Nagar Haveli: 1961
 Goa , Daman & Diu: 1962
 Puducherry : 1962
 Nagaland : 1963
 Haryana ,Himachal Pradesh & Chandigarh : 1966 (Shah Com.)
 Himachal Pradesh : 1971 (State)
 Manipur, Tripura & Meghalaya : 1972 2014 : 29
states
 Sikkim: 1975
 Mizoram , Arunachal Pradesh & Goa: 1987 7 UTs
 Chhattisgarh, Uttarakhand , Jharkhand : 2000
 Telangana: 2 June 2014
29 States or 7 UTs

 In 2019 , Jammu & Kashmir State was divided into 2 UTs


28 States and 9 UTs

2019

Ladakh J&K
 In 2020 , Dadra & Nagar Haveli & Daman and Diu were
Merged : 28 States and 8 UTs
RUPINDER SIDHU ACADEMY
(88475-71836)

Ranking of States
Gujarat 15th state Nagaland 16th State
Haryana 17th state Himachal Pradesh 18th State
Manipur 19th State Tripura 20th State
Meghalaya 21th State Sikkim 22th State
Mizoram 23th State Arunachal Pradesh 24th state
Goa: 1987 (State) 25th Chhattisgarh 26th state
Uttarakhand 27th State Jharkhand 28th state
Telangana 29th state
Dadra and Nagar Haveli : UT
Goa , Daman & Diu: 1962 ( Goa: Union Territory )
Puducherry (UT)
 Himachal Pradesh & Chandigarh (UT)

PART – 2 (Article: 5 – 11)


CITIZENSHIP
Article 5 : Any person who will born in India will be given
citizenship of India and also citizenship is given to those persons
who had been living in India for continuously 5 year before the
commencement of constitution
RUPINDER SIDHU ACADEMY
(88475-71836)
Article 6 : Any Person who Migrates to India from Pakistan
Before 19 July 1948 , will be given citizenship of India.
Article 7 : It deals with Permit system (Pakistan)
Article 8 : It deals with overseas citizens, who wants to
Acquire Indian citizenship
Article 9: Persons voluntarily acquiring foreign citizenship will
not be Indian citizen
Article 10: Rights of Citizenship
Article 11: Parliament regulates rights of citizenship by Law
(Home Ministry)
6 Time Amended: 1986 ; 1992
; 2003 ; 2005 ; 2015 ; 2019

Indian Citizenship Act- 1955


By Birth
Modes of Citizenship
By Descent
By
By Incorporation of
By Registration Naturalization
Territory
RUPINDER SIDHU ACADEMY
(88475-71836)
1. By Birth : Any Person who is born In India on or after 26 Jan
1950 till 30 June 1987 , will be given citizenship of India.
However, after 1 July 1987 , Citizenship is given to those persons
whose either of Parents is citizen of India.
However, after 3 Dec 2004 , Instead of either , Both of the Parent
was added.
2. By Descent : Before 1992, Citizenship is given to those
persons whose father is citizen of India. But after 1992 , instead of
father , either of parent was added.
3. By Registration : Any foreign Person can acquire Indian
Citizenship provided He /She has to live for 5 Years. (Now changed
to 7 years)
4. By Incorporation of Territory : This Mode Prescribes
that if any foreign territory is acquired by India, People of that
territory will be given citizenship of India.
Note : The Territories of Puducherry, Karaikal, Mahe and
Yanam: were under France.
 The Territories of : Goa; Daman & Diu; Dadra & Nagar
Haveli were under Portugal
RUPINDER SIDHU ACADEMY
(88475-71836)
11 years ਦੀ ਜਗਹਾ 5 year ਕਰ ਤਾ
Latest Amendment 2019 ਚ ਷ਰਕਾਰ ਨੇ
5. By Naturalisation: Any person who is living in India for
11 years in his last 14 years, can acquire Indian citizenship and
should know one of the 22 official Languages.
 There are 3 situations, under which a Person can Loose
citizenship:
1. By Renunciation
2. By Termination
3. By Deprivation : Section 10 of Indian citizenship Act in 1955
empowers the govt. to deprive a citizen from his citizenship
by issuing an order

PART-3
(Article – 12 to 35)
FUNDAMENTAL RIGHTS
The framers of Constitution derived their inspiration from US
Constitution { Bill of Rights)
This Part is known as Magna Carta of Constitution
RUPINDER SIDHU ACADEMY
(88475-71836) Central Govt.

State Govt.
Article 12: Definition of State
Local Govt.

Supreme Court & High Court

Article 13 : Rule of Law


If Parliament Makes any Law against Fundament rights than the
court can Terminate it (Supreme Court & High Court ) and its
called theory of Judicial Review.

1. Right To Equality (14-18)

Article 14 : Equality Before law and Equal Protection by Law.


(British Constitution) ( American Constitution)

Article 15 : Prohibition of Discrimination on the Basis of :


religion, Caste, Race, Sex & Place of Birth
15(2) : All Public Places are open for all citizens without any
discrimination
15 (3) : Empowers the state to make special Provisions for
women’s and children’s.
RUPINDER SIDHU ACADEMY
(88475-71836)
15 (4) : Empowers to make Special Provisions for the
advancement of Socially and educationally backward Classes or
SC//STs

Article 16 : Equality of Opportunity in matters of Public


employment .

16(4): Reservation for SC/ST in Posts


 By 82 Amendment , 2000 : A state can reduce Minimum
qualifying marks for SC/ST .
Article 17: Abolition of Untouchability ( Untouchability
offence act-1955) “ Protection of Civil rights act – 1976”

Article 18 : Abolition of Titles


 By 26th amendment 1971 : Privy Purse was abolished.

2. Right To Freedom ( 19 – 22)


Article 19:
19 (a) : Freedom of Speech and expression.
19 (b) : Freedom to assemble Peacefully and without arms.
RUPINDER SIDHU ACADEMY
(88475-71836)
19 (c) : Freedom to Form associations or unions or
Cooperative Societies .

19 (d) : Freedom to move freely within Territory of India .


19 (e): Freedom to Reside and settle in any part of India.

19 (f) : Omitted by 44th Amendment, 1978.


19 (g): Freedom to Practice any Profession or any occupation
 These Rights are Not absolute.

“ Reasonable Restriction”
(Defamation)

Article 20 : Protection in respect of conviction for offences.


1. No ex Post Facto Law
2. No Double Jeopardy : Prosecuted & Punished twice for same
offence. (Trial)
3. No self incrimination
RUPINDER SIDHU ACADEMY
(88475-71836)
Article 21: Protection of life and Personal Liberty
Article 21 A: Right to education, added by 86th amendment
2002. State should provide education to children’s between age of
(6 and 14)
This Act came into force on 1 April 2010
Article 22: Protection against arrest and detention in certain
cases
( No Person can be detained without being known to him
the grounds of his arrest.
The detained Person has to be represented before the nearby
Magistrate within 24 hrs of his arrest.)

22A Detention ( 2 types)


22 B

Punitive detention Preventive detention


(Ordinary Law)
Advisory Board
Is to Punish 3 Months
RUPINDER SIDHU ACADEMY
(88475-71836)

3. Right against exploitation (23 -24)


Article 23: Prohibition of Human Trafficking and forced
labour.
Article 24: Prohibition of employment of children’s in
Factories etc. ( Below the 14 years)
( child and adolescent labour prohibition and
regulation act 2016)

4. Right To Religion (25 -28)


Article 25: Right to follow any religion and its customs.
Article 26: Freedom of Management of religious affairs.
Article 27 : Every religious Income is free from Income Tax.
Article 28: This article Mandates that No religious
Instructions/ educations would be imparted in state funded
institutions

5. Right To education and cultural rights (29 -30)

 These rights are for MINORITIES.


RUPINDER SIDHU ACADEMY
(88475-71836)
 Under the Provisions of Constitution any
community can be declared as Minority, on the
basis of either “Religion or Language”.

There are 6 MINORITIES In India


Muslims; Christians; Buddhists; Jains; Parsis;
Sikhs

6. Right To Constitutional Remedies (32)

Article 32 : Is described as Heart and Soul of the


constitution By BR Ambedkar
In case of violation of Fundamental Rights a person
can approach direct Supreme Court under Art. 32 &
also can approach its High Court under Art. 226
It Means Fundamental Rights are “ Enforceable “

Article 31: Right to Property. It was removed by


44th amendment, 1978 and moved to Article 300A
RUPINDER SIDHU ACADEMY
(88475-71836)
Latin word

JUDICIAL WRITS
Supreme Court and High Court issues writs against any
authority that has violated Fundamental rights .
1. Habaeus Corps: “ To have the Body “
It is order issued by the Court to Produce the person
2. Mandamus : “To command”
To bring public authority in action. Because has was
not performing his duty
3. Quo warranto: “ By what Authority ”
To prevent the Misuse of Public office
4. Prohibition: “ To Forbid ”
It is issued by a higher court to lower to prevent from
exceeding its jurisdiction.
5. Certiorari: “ To certify
It is issued by Higher
” court to lower court to transfer a
pending case or to quash the order given by lower
court
RUPINDER SIDHU ACADEMY
(88475-71836)

Article 33 : empowers the Parliament to restrict the


Fundamental rights of the members of Armed forces,
Para Military forces etc.

Article 34: Martial Law, means “Military Rule”


Martial law has not been defined in the constitution

Fundamental rights which are


available only to citizens and Not
to foreigner Article 15, 16, 19, 29, 30

Part -4
Article (36 to 51)
Directive Principles of
state Policy (DPSPs)
RUPINDER SIDHU ACADEMY
(88475-71836)

 Borrowed from Ireland ( Spain)


 These Principles Has been described by BR Ambedkar
as the “Noble Principles of constitution “
 The Purpose of the inclusion of DPSPs is to establish
“ Social and economic democracy” (Welfare State)
 Unlike Fundamental rights , DPSPs are Not
enforceable.
Article 37: DPSPs completely depends on the state
One cannot go in the Court against DPSPs.
Article 38: This is the duty of the state to run the Social
, economic and Political Programs for the citizens.
Article 38(2) : A state should also minimize the
inequalities in income.
 It was added by: 44th amendment 1978
Article 39: (a) The Right to adequate Means of
Livelihood.
39 (b) equitable distribution of Material resources of the
community for common good.
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39 (c) Prevention of concentration of wealth & Means of
Production.
39 (d) Equal pay for equal work without any sex
discrimination
39 A (Added by 42 amendment 1976)
To provide free legal aid to poor.
Article 40: To organize village Panchayats as units of
self govt.
Article 41: Right to get work
Article 42: State should provide just and human
condition to the work and Maternity facilities for women
Article 43: State should. Pay Minimum wages for
workers and state should promote cottage industries.
Article 43 A: Participation of workers in Management of
Industries. (ADDED by 42nd amendment )
Article 43 B: Development of establishment of co-
operative societies . (ADDED by 97nd amendment , 2011)
Article 44: Uniform civil code for all citizens.
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Article 45: provision of early childhood care and


education to children’s below the age of 6 years
( ਇਸ ਩ਧਸਲਾ 6 ਤੋਂ 14 years )
Changed by 86th amendment 2002
Article 46: Promotion of education and economic
interests of SC /STs and weaker sections of the society.
Article 47: Improvement of Public Health and Ban on
intoxicating drinks and drugs
Article 48: Development of agriculture and animal
husbandry on the modern lines and prohibition of slaughter
of cows.
Article 48 A: (Added by 42 amendment 1976) Protection
of environment and wildlife
Article 49 : Protection of National Monuments
Article 50: There should be separation of executive
from judiciary
Article 51: Promotion of International Peace and
security.
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On the basis of their content and direction ; DPSPs are


divided into 3 categories
a. Socialistic Principles: 38, 39, 41, 42, 43, 43A, and 47
b. Gandhian Principles: 40, 43, 43B & 46, 47, 48
c. Liberal-Intellectual Principles : 44, 45, 48, 48A, 49, 50, 51

Part -4 (A)
Article (51 A)

Fundamental duties
The Fundamental duties were not there in original
constitution but there need was greatly felt during the
emergency days of 1975.
So the than Prime Minister of India Indira Gandhi appointed
a committee under Sardar Swaran Singh.
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So, on recommendation of this committee, a code of

(10 )Fundamental duties were (added by 42nd amendment


1976).
But today there are 11
fundamental duties

FUNDAMENTAL DUTIES
(a) To abide by Constitution and to respect its ideals and institutions
the National Flag & National Anthem
(b) To cherish and follow the Noble ideals that inspired our National
Struggle for freedom.
(c) To uphold and protect the Sovereignity, unity and integrity of
India.
(d) To defend the country and render National Service when called to
do so.
(e) To promote Harmony and spirit of brotherhood amongst all the
people of India, transcending religious, linguistic and regional and
sectional diversities, to renounce practices derogatory to the dignity
of women.
(f) To preserve and value the rich heritage of our composite culture.
(g) To protect and improve the Natural environment including
forests, lakes , rivers and wildlife and to have campassion for living
creatures.
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(h) To develop the scientific temper, Humanism and the
spirit of inquiry and reforms.
(i) To safeguard Public Property and abjure violence.
(j) To Strive towards excellence in all spheres of individual
and collective activity, so that the nation constantly rises to
higher level of Endeavour & achievements.
 By 86th amendment, 2002, article 51A(K) was added:
“Each parent/Guardian has to provide education facilities
to his child between the age of 6 and 14 years.

 Verma committee on Fundamental Duties (1999):


Identified the existence of legal Provisions for the
implementation .
They are mentioned below:
1. Prevention of insults to national Honour Act (1971)
2. The Protection of Civil Rights Act (1955) Provides for
offences related to caste & Religion
3. The wildlife (Protection) Act of 1972, Prohibits trade in
rare and endangered species.
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Part -5 Article (52 - 151)

UNION

Executive (52 -78) Parliament (79 – 123)

Judiciary ( 124 -147 ) CAG (148 – 151 )

Executive
Head of State Head of Govt

President Prime Minister

De-Jure De-Facto
President
There was controversy from Time to
Time as what is the status of President. This controversy
was finally put at rest by Indira Gandhi, by Moving 42nd
amendment 1976 under which president shall work on the
advice of council of minister and Not by his discretion.
And Morarji desai passed 44th amendment under which
president shall work on the advice of council of minister and
can send the bill for reconsideration only once.
The Ist election for the President was held in 1952-1962
 Dr. Rajendra Prasad was the Ist & only to enjoy two
terms of President.( KT SHAH) 2nd president (1962 to 1967)
 14th President Ramnath Kovind (2017-22). He is the 2nd
SC President of India; after KR Narayan (10th President)
in 1997
 VV giri is the Ist President .who won the election as an
4th Iindependent candidate in 1969

(1969: Zakir Hussain ( 1967 – 69) (He became president


3rd
in 1967 and died in 1969) Vice president : VV giri; chief
Justice of India: Md.Hidyatullah)
President Vice president Chief Justice of India
Senior Most Judge of Supreme Court
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 2nd President to die in office: Fakruddin Ali Ahmed


(1977). Acting President : BD Jatti
 NS Reddy – is only President who won the election as
an unopposed candidate in 1977.
Janta Party

NS Reddy's Time (1977- 82)


NS Reddy ਷਩ੀਕਰ ਵੀ ਰਧਸ ਚੁੱਧਕਆ youngest ਵੀ ਰਧਸਆ ,ਆਂਧਰਾ

਩ਰਦ੃ਸ਼ ਦਾ ਩ਧਸਲਾ chief Minister ਵੀ ਸ੄,


7th President Giani Zail Singh (1982-87)
Article 52 : There shall be President for India
( He is the Ist citizen of India)
Article 53 : All the executive powers of the union is
vested with president
President is the Supreme Commander of all defence
forces of India .

Article 54: Election of President is held indirectly by the


electoral college, which consist of “ Elected Members “ of
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both Houses of Parliament and elected members of state
Legislative assemblies (SLA) (ਧਵਧਾਨ ਷ਭਾ)
By (70th Amendment 1992) Elected Members of Delhi and
Puducherry will also participate in elections.
Article 55: Election process of President is called
“proportional representation by Single Transferable vote
system”
Nomination: A candidate for the election to the office of
president Must be subscribed by at least 50 electors as
Proposers and 50 as seconders
Article 56: Term of President- 5 years; from the day of oath taking
 The President submits its resignation to – vice President
Article 57: Same person is eligible to be Re-appointed.
Article 58: Qualifications – Minimum age should be 35 years.
 He should be citizen of India
 He should be eligible to be elected as Member of Lok Sabha
Article 60: oath to the president is administered by chief Justice of
India . “To preserve, Protect and defend the constitution “
Article 61: Impeachment of President (quasi-Judicial Procedure)
President can be impeached only on one ground “ Violation of
Constitution”
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Lok Sabha
Either Resolution : pass:1/4th
Rajya Sabha Support

਩ਧਸਲਾਂ ਧਕ਷੃ ਵੀ ਇੱਕ ਸਾਊ਷ ਦ੃ ਧਵੱਚ ਜਾਂ ਤਾਂ ਲ੅ ਕ ਷ਭਾ ਜਾਂ ਤਾਂ ਰਾਜ ਷ਭਾ ਦ੃
ਧਵੱਚ ਮਤਾ(Resolution) ਧਲਆਂਦਾ ਜਾਵ੃ਗਾ ਩ਰ ਇਸ ਮਤਾ ਩ਾ਷ ਤਾਂ ਮੰ ਧਨਆ
ਜਾਵ੃ਗਾ ਜ੃ਕਰ ਧਜਸੜ੃ ਸਾਊ਷ ਦ੃ ਧਵੱਚ ਧਲਆਂਦਾ ਸ੄ ਉ਷ ਸਾਊ਷ ਦ੃ 1/4th ਬੰ ਦ੃
Support ਕਰ ਦ੃ਣ । ਉ਷ ਤੋਂ ਬਾਅਦ President ਨੂੰ 14 ਧਦਨਾਂ ਦਾ Notice
ਧਦੱਤਾ ਜਾਵ੃ਗਾ

Lok Sabha =਩ਾ਷=2/3rd president is


Both impeached
Rajya Sabha =਩ਾ਷=2/3rd

After 14 days have passed ਤਾਂ ਦ੅ਨੇਂ ਸਾਊ਷ਾਂ ਧਵੱਚ ਧਬੱਲ ਧਲਆਂਦਾ ਜਾਵ੃ਗਾ
ਇਸ ਅੱਲਗ –ਅੱਲਗ ਦ੅ਨੇਂ ਸਾਊ਷ਾਂ ਧਵੱਚ ਩ਾ਷ ਸ੅ਣਾ ਜ਼ਰੂਰੀ ਸ੄ । ਩ਰ ਇਸ ਩ਾ਷
ਤਾਂ ਮੰ ਧਨਆਂ ਜਾਵ੃ਗਾ ਜ੃ਕਰ ਉ਷ ਸਾਊ਷ ਦ੃ 2/3rd ਬੰ ਦ੃ Support ਕਰ ਦ੃ਣ
ਜ੃ਕਰ ਦ੅ਨੇਂ ਸਾਊ਷ਾਂ ਦ੃ ਧਵੱਚ 2/3rd majority ਧਮਲ ਗਈ ਤਾਂ president is
impeached.
Article 62 : In Case of Vacancy, the election should be held
within a period of 6 months
 The newly elected President remains in office for a full
terms of 5 years
Article 71: The disputes related to the election of the
president and vice-president can be challenged only in
Supreme Court and decision of Supreme Court is final and
exclusive .
Article 72: Pardon Powers of President. It is an executive
power and exercised by President on advice of union
cabinet.
a. Pardon: This removes both sentence & conviction.
b. Commute: This is the substitution of one form of
punishment for a lighter form .
c. Remission: Reducing the period of sentence without
changing its character.
d. Respite: Awarding a lesser sentence in place of one
originally awarded because of “some special circumstances”
Pregnant Women & disabled
e. Reprive: It implies a stay of the execution of a sentence
person
for a temporary period. Its Purpose is to enable the convict
to have time to seek pardon or commutation from the
president
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VICE- PRESIDENT
Article 63: There shall be vice- president for India. ( On the lines of
American Vice –President )
Article 64: Vice-President will be ex-officio chairperson of Rajya
Sabha) (Because of )
Article 65: In absence of President, then vice-president will do his
work.
Article 66: Election of vice – president elected by all members of
both house of parliament .
Art 66 (3) : Qualifications: Minimum age should be 35 years.
 He should be eligible to be member of Rajya Sabha .
 Nomination for the election must be subscribe by at least 20
electors as proposers & 20 electors as seconders.
Article 67. Term is 5 years.
He gives his resignation to President
Article 69: Oath to vice-president is administered by President of
India.
 No ground has been mentioned in the constitution for
removal of vice president .
 Vice president can be removed from office by a resolution
of Rajya sabha passed by “absolute Majority” of all
members and agreed to the Lok sabha by simple majority.
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Prime Minister and council of minister

Article : 74: There shall be council of minister (COM) with


Prime Minister (PM) at head to “Aid and advice the president”
Art 74 (2): President can send the advice of Council of
Minister for reconsideration, but only once.
Article 75(1): The Prime Minster shall be appointed by
president and other minster shall be appointed by the
president on advice of Prime Minster
75 (1 A) : Total Minister cannot be more than 15 % of
total Member of that house. (Added by 91st amendment,
2003) there must be a minimum of 12 ministers.
Another exception is the case of 7 ministers in Delhi
Art 75(2) : A Minster is individually Responsible to the
president It means Minister hold the office during the
Pleasure of President
Art 75 (3) : The Council of Minister is collectively
responsible to the Lok Sabha they work as a team.
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Art 75 (4) : The oath of office of a Minister is


administered by the President .

Art 75 (5) : If a person who is not a member of either of


the houses is appointed as Minister, Must become a
Member of either house within 6 months.

Article 78: It is the duty of Prime minister to inform the


president about the administration of UNION .
The Council of Minister consists of 3 categories of
ministers: (Not Mentioned in the constitution)

a) Cabinet Ministers. :- Highest decision making authority


India
Independent Charge
b) Minister of state
Attached to Cabinet Ministers.
c) Deputy Minister
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Cabinet Council of Minister

1.It is smaller body consisting 1.It is wider body


of 15 to 20 Ministers. Consisting of 60 to 70 Ministers
2. It includes the cabinet 2.It Includes all 3 Categories.
Minster only.
3. It Meets frequently to take 3. It does not Meet, as a
decisions regarding Govt. Body.
Business.
4. It directs COM by taking 4.Its functions are
Policy decisions which are determined by the
Binding on all ministers. Cabinet

Parliament French word: Parlor means


to talk/ discuss.

Article 79: Parliament of India- Consist of president;


Lok sabha and Rajya sabha
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Article 80 : Composition of Rajya Sabha / Council of


states/ Upper House/ Permanent House/ House of elders.
 Established in 3 April , 1952.
 Maximum Members = 250 12 are nominated by
80(3) president from the fields of
238 Elected from
: Art , Science , literature
legislative
and social service.
assemblies
 Term of Member =6 Years ( This terms is not fixed by
constitution. It is according to : representation of people
act, 1951) The Rajya Sabha has a maximum

 Maximum Member = UP(31) membership of 250


Member of Rajya Sabha today 245
( Punjab(7)
245 250

233 12 238 12

Article 81: Composition of Lok sabha / House of


People/ Lower House. (Ist session on 13 may 1952.)

Maximum Member : 552


2 Member are
nominated by
530 President ( Anglo-
20 Indian)
States UTs
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Sikkim , Mizoram, Nagaland
 3 States have 1-1 seat:
 Largest seat (area wise) = Ladakh
 Smallest seat (area wise) = Chadni chownk
 Largest seat (Population wise)= Malkajgiri (31,83,325)
 Smallest seat (Population wise)= Lakshadweep (49,922)

Lok sabha 552 These seats are fixed according to 1971


Rajya sabha 250 Census.
By 84th amendment , 2001
Seats will remain same till 2026

Article 83 : Duration of Houses of Parliament


83(1) : The council of States shall not be subject to
dissolution, But 1/3 Members retires after 2 years.
Term of Member = 6 years.
1/3 member retires after = 2 years

83 (2) : The house of People Unless sooner dissolved, shall


continue for 5 years from its Ist Meeting.
 While a proclamation of emergency is in operation, parliament
by Law can be extended one year at a time.
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Article 84: qualification:
Minimum age for Rajya sabha =30 years
Minimum age for Lok sabha = 25 years
Article 85 : Sessions of Parliament, prorogation and dissolution.
85(1): the President shall from time to time summon each
house of parliament for sessions and Maximum Gap between
sessions cannot be more than 6 months.
85(2): The president may from time to time.
a) Prorogue the Houses or either House.
b) Dissolve the House of the People.
Article 87: At the commencement of Ist session after each
general election to house of people & at the commencement of
Ist session of each year(Budget) president shall address both
houses of parliament assembled together.
Article 89: Chairperson and Vice- Chairperson of Rajya sabha
 VP is the ex-officio chairperson of RS and He is not the Member of RS.
 The deputy chairman is from the Member of Rajya Sabha .
Article 93: Members of LS elects a speaker and deputy
speaker for Lok Sabha .
Protem speaker -: Appointed by President
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Parliamentary proceedings

a. Summoning: The President time to time summons


each house of Parliament to meet.
b. Adjournment: An adjournment suspends the work
in a sitting for a specified time, which may be hours,
days or weeks.
c. Adjournment Sine die: Means Terminating a
sitting of Parliament for an Indefinite period.
 The Power of adjournment as well as adjournment
sine die lies with the presiding officer of the House.
d. Prorogation: It Not only terminates But also
session of the house, Means END of Session.
It is done by President of India.
 However, President can also prorogue the House
while in session.
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WHIP The office of WHIP is not mentioned


in the constitution. Every Political party, whether ruling
or opposition has its own WHIP in the Parliament.
He is charged with the responsibility of ensuring the
attendance of his party Member in large Numbers and
securing their support in favour of or against a
parliament Issue.

QUORUM Article : 100

It is minimum number of Members


required to be present in the House before it can
transact any business
 It is 1/10th of total NO. of Members.

LAME DUCK SESSION It refers to the Last


session of the existing LS, after a New LS has been
elected.
 Those members of the existing LS who couldn’t get
elected to the New LS are called Lame Ducks.
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1. Question Hour: The Ist hour of a sitting of LS is
devoted to the Question Hour. The Govt. is put on trial
during the Question Hour and every Minister Has to
stand up and answer.
 The questions are of 3 Kinds:

a. Starred question: It requires an oral answer and


Hence supplementary questions can follow.
b. Unstarred question: It requires a written answer
and Hence supplementary questions cannot follow.
c. Short Notice question: Is one that is asked by
giving a Notice of Not less than 10 days. It is answered
orally.
2. Zero Hour : Follows the question Hour and starts
at the Noon, with its duration being one hour.
 It is available to Member to raise Matters without
any prior notice; if utmost importance.
Article 107: Any ordinary Bill can be introduced in
either House of Parliament.
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Article 109: Money Bill cannot be introduced in


Rajya Sabha. The speaker is the final authority to
decide whether the bill is money or Not .
 The Positions with respect to lapsing of bills is a follows:
a. A Bill Pending in LS Lapses.
b. A Bill passed by LS But pending in RS also Lapses.
c. A Bill Not passed by two Houses due to disagreement
and If President has notified the holding of Joint sitting
before the dissolution of LS , DOES NOT LAPSE.
d. A Bill pending in the RS But not passed by LS does
not lapse.
e. A bill passed by Both houses But pending assent of
the president Does not Lapse.
f. A Bill passed by Both Houses, But returned by the
president for reconsideration of Houses does not lapse
Article 108: In case of deadlock, there is
provision for Joint Session of Parliament.(JSP)
 JSP is summoned / convened by president of India.
But JSP is presided By Speaker.
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 There is No provision for JSP , In case of : Money Bill
and Constitution Amendment Bill In Joint session of
 JSP has taken place 3 Times: Parliament , the bill
would be passed with
1961 :- Dowry prohibition Bill simple majority

1978 :- Banking services Commission Bill


2003 :- Prevention of Terrorism Bill

 Veto Power of President (Art: 111)


a. Suspensive Veto : When president sends the bill for
reconsideration, only once .
b. Pocket Veto: When president Neither sends the bill for
reconsideration, Nor expresses his mind.
c. Absolute Veto: Completely with holding his assent.

Article 123: President has ordinance Making


power. (When parliament is not in session)
 The validity of the ordinance is six weeks when
the session of Parliament begins
Maximum life of ordinance is = 7.5 Month
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Article 76: Attorney General (AG) : He is known


as highest Law officer of India.
 He represents the Union Govt. in the case that is filed
against them.
 Qualification: Person must be qualified to be
appointed as Supreme Court Judge.
 He holds office during the pleasure of president

Attorney General
 Ist : MC setalvad.
 Today : R Venkataramani

Advocate General : (Art 165) At state level


there is Advocate General
Article 148: Comptroller and Auditor General:
 He is referred to as guardian of Public Purse.
 He audits the accounts of both central and state
Govts. And accordingly prepares the report and
submits to president. Art.151
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Who then lays the report in parliament.
(The CAG reports to the President)
 In the parliament this report is examined by PAC
(Public account Committee)
PAC has 22 members : 15 From Lok Sabha and 7
Rajya Sabha
Largest committee = Estimate committee (30
Member) The 30 member comes from Lok Sabha
alone
CAG Term is 6 years or 65 years.
Ist CAG : VN Rao
Today : GC Murmu
BR ambedkar said that CAG : it is the most
important Public officer of India

Part-5 JUDICIARY (124-147)

SUPREME COURT “ The Supreme Court of India has more


powers than any other Supreme Court in any part of the world”----
Alladi Krishnaswamy Ayyar.
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SUPREME COURT
 Inaugurated on 28 Jan 1950 with 8 Judges.
{and there number becomes 34 (Maximum) in
2019. But today ( jan 2023 ) there are 27 judges}

 For the first time in the history of the Supreme Court in


Aug , 2021: 9 Judges were appointed.
 For the first time, 3 of these 9 judges were women
judges
 There is convention that only senior Most Judge of
Supreme Court shall be appointed as CJI,
But this convention was broken by Indira Gandhi,
when she appointed AN Ray as as CJI
AN Ray {4th in seniority List)
Shalet Blackest day in
Hedge Indian
Grover democracy
AN Ray
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 Ist CJI – HJ Kania.
 50th CJI – DY Chandrachud.
Longest Tenure – YV chandrachud ( 1978-85)
Shortest Tenure – KN Singh ( 1991 Nov-Dec)
Ist Women Judge – Fatima Beebi (1989)

Till date, only 11 women have been judges in the


Supreme Court

Today Supreme Court has 4 woman Judges


1. Indira Banerjee 2. Hima Kohli
3. BV Nagarathna 4. Bela Trivedi
Article 124: There will be Supreme Court of India with its CJI.
124(2) : Judges of Supreme Court are appointed by the
president in consultation with CJI.
124(2)(a): Judge gives his resignation to president
THE FOUR JUDGES CASE

 Ist: 1982 – Supreme Court said the advice of CJI was


only “Consultation” NOT BINDING
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 2nd: 1993 – Supreme Court reversed its earlier ruling
and changed meaning of word consultation to
concurrence – advice by CJI is binding on the
president
But CJI would consult 2 of his senior Most colleagues.
3rd: 1998 – Supreme Court said CJI should consult a
collegium of 4 senior Most Judges and even if two
judges give an adverse opinion, he should Not send the
recommendation to the govt.
The 99th Constitutional Amendment was introduced
in 2014
They set up a separate commission - the National
Judicial Appointments Commission
In this The body of 6 people will appoint the judges.

4th : 2015 – NJAC (National Judicial Appointments


Commission) act was scrapped and collegium system
restored.
124 (3): Qualifications/Eligibilities.
There is no minimum prescribed age.
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a) A Person should be Judge of High Court for 5 Years
or
b) An advocate of High Court for 10 years. Or
c) Should Have been a distinguished jurist in the
opinion of president

124(4): A Judge of Supreme Court can be removed


through impeachment and can be removed from office
by president on recommendation by parliament.
 There are 2 grounds Mentioned:
i. Proved Misbehavior
ii. Incapacity.
 The removal Procedure can be initiated in either
House.

 If the procedure begins in Lok Sabha:


 A removal Motion of Supreme Court judge is signed
by 100 Members in case of LS.
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 The signed removal motion is to be given to the
speaker
 The speaker may admit or refuse to admit the same.
 If it is admitted the speaker constitutes a 3 member
committee to Investigate into the charges.
 Committee should consist of:
 CJI or Judge of supreme Court
 Chief Justice of High Court
 A distinguished Jurist.
 If the committee finds the judge to be guilty , the LS
can take up consideration of the Motion.
 Then after special Majority {2/3rd present and voting),
the motion is passed in both houses.
 If the procedure begins in RS:
A removal Motion of Supreme Court Judge is signed
by 50 Members in case of Rajya Sabha
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Article 125: Salaries and allowances of Supreme


Court Judges, are determined by parliament from time
to time.
 Salary of CJI – 2.80 Lakh
 Judges of SC – 2.5 Lakh
Article 129: Supreme Court is the court of
record.
( Judgement of Supreme Court are preserved
for future judgments. )

Article 130: Seat of Supreme Court.


Today the seat of the Supreme Court is New
Delhi.
Until 1958, Supreme Court was in Parliament
Building.
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Article 131: Original Jurisdiction of Supreme Court (


In case of dispute between 2 or More states. Or between
the Govt. of India and one or more states)

Article 133: Appellate Jurisdiction of Supreme Court


in appeals from High Courts in regard to civil matters.

Article 134: Appellate Jurisdiction of Supreme Court


in regard to criminal matters.

Article 137: Supreme Court can review its own


decisions.

Article 141: Law declared by Supreme Court to be


binding on all courts.

Article 143: Power of president to consult Supreme


Court (Advisory Jurisdiction)

Article 146: All recruitments in supreme Court will


be managed by Chief justice of India.
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PART – 6 (Article 152 to 237)


States
Article 153 : There shall be governor for each
state. same person can be appointed as governor for 2
or more states.
It was not written in the original constitution. It was
added in the 7th amendment in 1956
Article 155: Governor is appointed by the
President .
Article 156: Term of office of governor. Governor holds
office during pleasure of President.
Article 157: Qualifications – Age for governor is 35 years.
Article 159:Oath to the governor is administered by chief
justice of High Court.
Article 161: Pardon power of Governor.
Death sentence : president only
Article 163: There shall be Council of Minister with CM at
head to aid and advice the governor
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Article 164: CM and His COM, will be appointed by
governor.
Article 165: Advocate General for states.
Article 170: Composition of legislative assembly: the Total
members of assembly should not be more than 500 and Not
less than 60.
UP has the highest number of MLA =404
Four assemblies have Less than 60 seats
 Puducherry = 30 MLA
 Sikkim = 32 MLA
 Mizoram = 40 MLA
 Goa = 40 MLA

Parliament States

Rajya Sabha Lok Sabha States legislative State


assembly (ਧਵਧਾਨ legislative
Member of parliament
਷ਭਾ) Council
(ਧਵਧਾਨ

਩ਰਰੀਸ਼ਦ)
Governor nominates one member
into the assembly
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Article 171: Composition of legislative council:


Total Member of council should not be more than 1/3
members of assembly members and should not be less
than 40. 6 States have both houses : Bihar ,
UP, Maharashtra , Karnataka, Andhra Pradesh , Telangana

 OF the total number of Members of council:


 1/3 shall be elected by members of municipalities,
district board.
 1//3 are elected by state’s MLA
 1/6 appointed by governor.
 1/12 by an electorate of teachers And another 1/12
by registered graduates.
Article 169: Parliament has the right to create or
abolish legislative council in states.
Article 174: The governor shall from time to
time summon the house to meet.
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174(2): The Governor May from time to time:
a) Prorogue the House.
b) Dissolve the legislative assembly.
Article 178: Provision of speaker and deputy
speaker of legislative assembly.
Article 182: Chairman and deputy chairman of
legislative council

High Courts (214 to 231)


Article 214: There shall be High Court for every
state.( There are 25 High Courts)
 Calcutta High Court is oldest in India (2 July 1862)
 Latest Andhra Pradesh High Court “Amravati” Seat
 Telangana High Court “Hyderabad” Seat 2019
Article 217: Judges of High Court are appointed
by president of India, in Consultation with chief justice
of India (resignation – president of India )
Article 219: Oath to High Court judges is
administered by Governor.
Article 231: Establishment of Common High
Court for 2 or More states.
ImP Note:

 Andaman & Nicobar Jurisdiction comes under: Calcutta


High Court.
 Puducherry Jurisdiction comes under: Madras High
Court.
 Lakshadweep Jurisdiction comes under: Kerala High
Court.
 Maharashtra Jurisdiction comes under:
Bombay
 Goa Jurisdiction comes under:
High Court
 Daman and Diu Jurisdiction comes under:
 Dadra and Nagar Haveli Jurisdiction comes under:

 Manipur They have their  Assam


 Tripura own High Court  Arunachal Pradesh
 Meghalaya  Nagaland
 Mizoram
jurisdiction comes under
 Sikkim have its own High
Guwahati High Court
Court
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Salaries: Chief Justice of High court = 2.5 Lakh

Judges = 2,25,000
 The salary of High Court Judges are charged from –
Consolidated Fund of state.
But Pension – is charged from Consolidated fund of
India.

Article 241 : There shall be High Courts for


Union Territory

Delhi is only UT to have its own High Court

Article 200: Governor has the power to submit


any Bill to the President of India. Absolute Veto

Article 213: Ordinance making power of the


Governor
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Part – 7 The States in Part B / 238

It was deleted by (7th amendment, 1956 )

{ 1956 ਧਵੱਚ ਆ਩ਣ੃ ਦ੃ਸ਼ ਧਵੱਚ ਆਜ਼ਾਦੀ ਦ੃ 9 ਷ਾਲਾਂ ਬਾਅਦ State

reorganization Act ਩ਾ਷ ਸ੅ਇਆ ਷ੀ। ਇ਷ Act ਤੋਂ ਩ਧਸਲਾਂ ਆ਩ਣ੃

ਦ੃ਸ਼ ਦ੃ ਚਾਰ Part ਷ੀ। Part A, Part B, Part C, Part D, ਇ਷ Part

ਦਾ ਨਾਮ The States in Part B ਷ੀ

Part -8 Article (239 to 242)


UNION TERRITORIES
Article 239: The UTs are administered by
president through an “administrator” appointed by
him.
The word Administrator is known by 2 names.
Lieutenant governor or administrators.
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Lieutenant administrator
 Andaman and Nicobar sChandigarh
 Puducherry Lakshadweep
 Delhi Dadra and Nagar Haveli
 Ladakh Daman and Diu
 Jammu and Kashmir
69th amendment, 1991

Article 239 AA: Provides for an elected


legislature of 70 Members directly elected by the
People.

Part -9 Article (243 to 243O)

Panchayats
After independence the Ist Major development
programme Launched in India was
“ community Development Programme” (CDP)
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 Core philosophy was overall development of rural areas
and people’s Participation.
 In 1957 , The Balwant Rai Mehta committee was
appointed to study the CDP and to recommend the
creation of institution through which participation can
be achieved.
 India’s experiment with Democratic Decentralization
started in Rajasthan on 2 Oct. 1959 at Nagaur.

9 days later it was introduced in shadnager ( Telangana)

 Balwant Rai recommended 3 Tier structure:


a. Gram Panchayat – Village Level. Father of
b. Panchayat Samiti – Block Level . Panchayati Raj
(2nd CM of Gujarat)
c. Zila Parishad – District level.

 However states having Population below 20 Lakh


have an option to Not have intermediate Tier
 Santhanam Committee: 1963 – to study the
financial Matters of Panchayati raj institutions.
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 Ashok Mehta Committee: 1977- Recommended
2 Tier structure.
He also recommended that there should be Minister
for panchayati Raj in State council of Minister.
 GVK Rao Committee: 1985 – recommended that
a post District development commissioner should be
created.
 LM Singhvi Committee, 1986 – Best known for
recommending constitutional status to panchayats.
 Thungon Committee- Recommended that there
should be reservation of women’s in the panchayat.
Constitutional Provisions
Article 243 A: There shall be gram sabha in
each village.
 GS is the Permanent unit in Panchayati Raj. it is
defined as body of all adult Members of a Village
who has right to vote.
Article 243 B: Provided for 3 Tier Panchayat.
Article 243 D: Provides reservation in Panchayats.
Article 243 E: Term of Panchayat.( 5 years)
Article 243 G: Provides Provision w.r.t powers,
authority and responsibilities of panchayats. (29 Subjects)

Article 243 H: “State legislature” can authorize


the Panchayats to collect and appropriate suitable
local taxes.
Article 243 I : State Govt. would appoint
finance commission which shall review the financial
position of the panchayts.
Article 243 K : Provisions w.r.t elections of
panchayts ( If there is dispute in panchayat elections,
the courts have No jurisdiction over them)
Article 243 M : The provisions of these articles
are Not applicable: Nagaland, Meghalaya , Mizoram.
Article 243 O : This article Bars the Court to
interfere in the panchayat matters.
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Part -9 A Article (243P to ZG)


Municipalities
Nagarpalika Act
 In 1687, India’s Ist Municipal corporation was set up
in Madras(Bombay & Calcutta established in 1726)
 The 74th amendment 1992 came into force on Ist
June 1993
Article 243 P : defines metropolitan area,it is
an area where population is above 10 Lakh.
Article 243 Q: Types of Municipalities, This
article provides for establishment of 3 Kinds of
Municipalities.
a. Nagar Panchayat – Transitional areas that is transit
from rural areas to urban areas.
b. Municipal Council – Smaller urban body.
c. Municipal Corporation – Larger urban body.
Article 243 S : Makes the provision that there
shall be ward committees consisting of one or more
wards.

Article 243 T: Reservation of Seats.


Article 243 U: Duration of Municipalities.(5 years)
Article 243 w : Powers, authorities and
responsibilities of municipalities. (18 subjects)

Part -10 Article (244)


Schedule & Tribal Areas
Article 244: scheduled areas means such areas
as the President may declare to be schedule areas.
NOTE: The criteria is not spelt out in constitution of
India.
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 The 5th schedule of constitution provides for


establishment of “Tribes advisory Council” in any
state having scheduled areas.
 The “Tribes advisory Council” shall not have more
than 20 members.
 At present , 12 states namely: Andhra Pradesh,
Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand,
Madhya Pradesh, Maharashtra, Odisha, Rajasthan,
West Bengal, Tamil Nadu, and Telangana have 5th
schedule areas.
Tribal Areas : The 6th schedule consists of
provisions for the administration of Tribal areas in:
Assam, Meghalaya, Tripura and Mizoram, according to
(Article 244 A) of constitution
 The governors of these states are empowered to
reorganize boundaries of tribal areas.
 To Safeguard the rights of tribal population,
“ Autonomous district council” (ADC) have been
created consist of 30 Members.
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 There are 10 ADC:

Meghalaya Mizoram Assam


 Garo ADC  Chakma ADC  Dima Hasao ADC
 Khasi ADC  Lai ADC  Karbi ADC
 Jaintia ADC  Mara ADC  Bodoland
Territorial Council

 Tripura: Tripura Tribal Area ADC

List of Tribes:
 Bakarwals: Jammu & Kashmir
 Gaddis : Himachal Pradesh
 Munda: Bihar, Odisha, Jharkhand , West Bengal
 Maladhari : Gujarat
 Santhals : Jharkhand
 Kurubas : Telangana , Andhra Pradesh and Karnataka
 Toda : Tamil Nadu
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 Uralis :
 Kanis : Kerala
 Moplah:
 Khasis: Assam & Meghalaya
 Lepchas :
 Bhutias : Sikkim
 Abors :
 Adi : Arunachal Pradesh
 Aptani :
 Lambada: Rajasthan
 Baigas:
 Gonds : Madhya Pradesh
 Shompens:
 Onges: Andaman and Nicobar
 Sentinlese:
Part - 11 Article (245 to 263)
Relations between
union and states
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Article 246: Division of Power between Union &
States. 100 Items
UNION LIST – Defence, citizenship, railway, currency,
Post, Ports, Stock exchange, external affairs, passport,
census.
61
STATE LIST - Items
Agriculture, Irrigation, Animal
Husbandry, Police, Jail, Liquor, Public Health and
Sanitation, Theatres (entertainment) 52 Items
CONCURRENT LIST - Education, Forests, 1
2
3
Protection of wild animals and birds, administration of
Justice, weights and Measures, Marriage or divorce , 4
family economic 5

These 5 issues used to be in the state list. They were shifted


from state to concurrent list by : 42nd amendment 1976

Article 248: Those subjects which are not


mentioned in either of the list only parliament can
make laws on those subjects. (Residuary List)
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Article 249: Parliament can make laws on
Matters enumerated in state list, when Rajya Sabha
passes a resolution support by 2/3rd Members present
& voting
Article 250: Power of parliament to legislate
w.r.t any matters in the state list, if there is
proclamation of emergency.
Article 252: If the legislatures of the two or
more states pass resolution to the effect that it is
desirable to have a parliamentary law regulating any of
the matters included in the state list, then it is lawful
for the parliament to make
Article 263: To ensure Better coordination of
Policies between centre and states, president is empowered
to establish Inter-State Council.
(The first such interstate council was established in 1990 on
recommendation of Sarkaria Commission)
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Zonal Councils : The Zonal Councils have been
established by the State reorganization Act 1956.
 At present, there are 6 Zonal Councils –
a) Northern Zonal Councils
b) Central Zonal Councils
c) Eastern Zonal Councils
d) Western Zonal Councils
e) Southern Zonal Councils
 Northeastern Zonal Council : was set up in 1971. Sikkim
is also the part of this Council
 The chairman of Zonal Councils is UNION HOME
MINISTER
 Andaman and Nicobar & Lakshadweep are not member
of any council
They are special guests in the Southern Zonal Council
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Part - 12 Article (264 to 300A)


Finance, property and contracts

Article 266: Consolidated fund of India.(It is the


fund in which all the income of government is stored.)
This authority is with Parliament

Article 267: Contingency fund of India. (It is the


fund which is used in case of emergency.)
This authority is with President

Article 280: Finance commission – established


in 1951. It consist of 1 chairman and 4 members.
 15th Finance Commission chairman ( 2020 -25) NK Singh
 14th Finance Commission chairman (2015-20) YV Reddy.
 First Finance Commission chairman : KC Neogy.
 It recommends the president for distribution of
taxes between centre and states.
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Part – 13 Article (301 to 307)


Trade, commerce and
intercourse within
territory of India

Part - 14 Article (308 to 323)


Services under Union & States

Article 312: All India services: These are the


services recruited by central Govt. But posted in the
states.( Today there are 3 All India Services in our
country)
1. Indian Administrative Service (IAS)
2. Indian Police Service (IPS)
3. Indian Forest Service (IFS)
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Article 315: Union Public service commission and
public service commission for each State.
 UPSC - established on 1st Oct 1926 on recommendation
of royal commission Under : Lord lee.

UPSC SPSC
 There are 9 to 11 members No. of members are not fixed

 Chairman & Members are Chairman & Members are


Appointed by the President Appointed by the governor
 Term is : 6 years or 65 years Term is 6 years or 62 years
 They can be removed by They are also removed by
president. President.

 Joint State PSC- JSPSC can be created by an Act of


Parliament. Thus it is statutory, Not constitutional Body.
 Chairman and Members of JSPSC are appointed by
President
 Holds office for term of : 6 year / 62 years.
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Part – 15 Article (324 to 329)


ELECTIONS
Article 324: There is provision of election
commission of India. (established on 25 Jan 1950:
25 Jan National voters day)
There is 1 Chief election commissioner, But since Oct,
1993, two additional election commissioner are
appointed.
Once upon a time a woman was also an election
commissioner : VS Ramadevi.

Article 326: Adult franchise/ Right to vote.


 By 61st amendment 1988, voting age was reduced
from 21 to 18.
 Ink that is used on finger – silver Nitrate.
 Maximum votes that can be polled in EVM – 3840.
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 Maximum candidates that can contest elections –


64.
 Moodakurichi seat(Tamil Nadu) = 1033.
Conditions for recognition as National Party:
1. If it secures 6% of valid votes polled in any 4 or more
states at general election to Lok Sabha or to legislative
assembly and in addition, it wins 4 seats in the Lok
Sabha from any state or states; OR
2. If it wins 2% of seats in the Lok Sabha at general
elections and these candidates are elected from three
states.
3. If it is recognized as state party in 4 states.
Today there are 8 national parties in our country

 Trinamool Congress. (TMC)


 Bahujan Samaj Party. (BSP)
 Bharatiya Janata Party. (BJP)
 Communist Party of India. (CPI)
 Communist Party of India (Marxist) {CPI(M)}
 Indian National Congress. (INC)
 Nationalist Congress Party.(NCP)
 National People's Party (India)( Created by P A Sangma of
Meghalaya)
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 Election Campaign- The official campaign lasts at least two
weeks and officially ends 48 Hours before polling closes.
 Under Article 82 of the constitution, parliament by law
enacts a delimitation Act.
 Who draws the boundaries of constituencies : delimitation
commission (The delimitation commission has met 4 times
so far. It is set up under Article 82 of the Constitution)
 Anti-defection Law - Defection means jumping from one
political party to the other after getting elected.
 In Parliament & State Legislatures there are 3 categories of
members present.
1. Political Party Members.
2. Independent Members.
3. Nominated Members.
 What is Merger ? if a 2/3rd of political party forms a
separate group and joining another political party is called
merger.
 If a Member goes out as a result of merger the member is
Not disqualified.
 The deciding authority regarding disqualification of a
member is – Presiding officer . {Speaker/Chairman}
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 Dinesh goswami committee – (1990)
No candidates should be allowed to contest an
election from more than 2 constituencies.
 Indrajit gupta committee – (1998) On State
funding of elections.

Part – 16 Article (330 to 342)


Special provision for
certain classes

Article 330: Reservation of seats for SCs & STs in


the House of People.
There is no reservation in the Rajya Sabha
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Article 331: Representation of 2 Anglo Indians in


Lok sabha

Article 332: Reservation for SCs & STs in


legislative assemblies.

Article 333: Representation of Anglo Indians in


legislative assemblies.

Article 335: Claims for SCs & STs to services and


Posts.

Article 338 : National Commission for SCs for


their welfare.

Article 338A : National Commission for STs for


their welfare. (Added by 89th amendment, 2003)
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Article 338 B: National commission for


Backward classes for their welfare (added by 102nd
amendment, 2018)
 105 amendment, 2021- amended Article 338B.
It gives power to state to make their own OBC lists.

Part - 17
Article (343 to 351)

Official language
Article 343: Official language of Union.(Hindi)
{Hindi Diwas 14 Sept.} in 1949
Hindi official language 14 Sept ਨੂੰ ਸੀ adopt ਤਾਂ ਕੀਤੀ ਷ੀ ਧਕਉਧਕ ਉ਷
ਧਦਨ Beohar Rajendra Sinha ਦੀ birth anniversary ਷ੀ।
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Article 345: Official language of states.


 Today there are 22 official languages in our
country.
 When our constitution came into force on 26
January 1950, there were 14 official languages
 8 languages were added later

1. Sindhi : added by 21st amendment 1967

2. Konkani

3. Manipuri added by 71st amendment 1992

4. Nepali

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6. Bodo added by 92nd amendment 2003

7. Dogri

8. Santhali
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Classical Languages : 6

1. Tamil (2004) 2. Sanskrit (2005)


3. Telugu (2008) 4. Kannada (2008)
5. Malaylam (2013) 6. Odia (2014)

Article 348: Language to be used in Supreme


Court and High Court will be English until parliament
by law changes.
Article 350 A: It should be Endeavour of every
state in India to Provide education facilities in Mother
Tongue Language at Primary stage of education.
Article 351: It is duty of centre to develop and
spread official language of Union.
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Part - 18
Article (352 to 360)

Emergency
These provisions enable the central govt. to meet any
abnormal situation effectively.
During emergency, it converts the federal structure
into a unitary one without a formal amendment of the
constitution.
The constitution stipulates 3 types of emergencies
a) Article 352: National emergency
 An emergency due to war, external aggression or
armed rebellion
 This emergency is denoted as” Proclamation of
Emergency”
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 Originally the constitution mentioned “ Internal
disturbance” as the 3rd ground for the proclamation
of emergency. But it is substituted by “armed
rebellion” by 44th amendment 1978.
 National emergency should be approved by both
houses of parliament within one month from the
date of its issue.
 Resolution approving the proclamation of
emergency must be passed by either house of
Parliament by Special Majority (Not less than 2/3
present & voting)
 Effect: While the proclamation of National
Emergency is in operation, the life of Lok sabha may
be extended beyond its Normal term of 5 years by
Law of Parliament for one year at a time (for any
length of time)
 Article 358 and 359: describe the effect of
National emergency on the fundamental rights.
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 Article 358: deals with suspension of


Fundament rights guaranteed by Article 19, while
 Article 359: deals with suspension of other
Fundamental Rights (except those under {Article 20
& 21}
Article 358: The six fundamental rights under Article 19
are automatically suspended during proclamation of emergency
{Only when emergency is declared on the ground of war or
external aggression and not on ground of armed rebellion}

Article 359: authorizes the president to suspend the


right to move to any court for the enforcement of
Fundamental Rights during National Emergency for other
articles. { The President cannot suspend article 20 & 21)
This emergency has been proclaimed 3 times so Far
1. Oct 1962 : Chinese (1968)
2. Dec 1971 : Pakistan
3. June 1975: This emergency was Proclaimed while 2nd
National Emergency was in operation (Indira Gandhi
declared on the basis of Internal disturbance)
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Failure of constitutional Machinery
B) Article 356: in a State.
Popularly Known as “President Rule “, State emergency or
Constitutional emergency.
 A Proclamation imposing President rule must be
approved by both the houses of Parliament within 2
months.
 If approved by both houses, President Rule continues for
6 months.
(It can be extended for Maximum period of 3 years.)
 Resolution approving the Proclamation of President Rule can
be passed by either house of Parliament only by SIMPLE
MAJORITY.
 When President Rule is imposed in a State, the President
dismisses the council of Ministers headed by the Chief
Minister.
 Since 1950, the President’s Rule has been imposed on More
than 100 occasions.
 For the 1st time state emergency was imposed in Punjab.
(20/6/1951)
 Maximum No. of time this, emergency is imposed in UP = 10
Times
 It has never been imposed in : Chhattisgarh & Telangana
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C) Article 360: Financial emergency


A Proclamation declaring Financial Emergency must be
approved by both houses within 2 Months from the date of
its issue.
 Once approved the Financial emergency continues
indefinitely till it is revoked.

Part - 19
Article (361 to 367)

Miscellaneous
Protection of President and Governors.

 The President or the governor shall not be answerable to


any court for the exercise and Performance of the
powers.
 NO Criminal Proceedings whatsoever shall be instituted
or continued against the president or Governor in any
Court during his terms of office.
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Part - 20
Article (368)

Amendment of
Constitution
 Constitution amendment bill can be introduced in
any house of parliament. {State Legislature ਕ੅ਲ ਕ੅ਈ
power ਨਸੀਂ.}
 The ordinance making power of the president can
Not be used to amend the constitution.
 Prior recommendation of president is Not Needed
in introducing the constitution amendment Bill.
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 Constitution amendment bill must be passed in


both houses separately by special Majority (2/3rd
Present & voting)
 If there is disagreement Between 2 houses, there is
No provision of Joint sitting.
 Once the Bill is passed in Both houses, the Bill is
sent to President for approval.
 The 24th amendment 1971 Had made it obligatory
for the president to give his assent to constitution
amendment bill.
 Important amendments
 7th amendment 1956: Same Person can be
appointed as governor for two or more states.
 The Maximum Strength of the Legislative council of a
state has been raised from 1/4th to 1/3rd of the strength
of legislative assembly.
 Article 350 A : was added by this amendment.
 Article 231 : was amended to enable parliament to
establish common High Court for two or more states.
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 10th amendment 1961: By this amendment Dadra
& Nagar Haveli was declared as UT of India.
 12th amendment 1962: By this Goa, Daman & Diu
were declared as UT.
 15th amendment 1963 : It Raised retirement age of
High Court Judges from 60 to 62
 26th amendment 1971 : By this Privy Purse Paid to
former rulers of Princely states was Abolished.
 35th amendment 1975 : By this Sikkim was
incorporated into Union of India.
 36th amendment 1975 : By this Sikkim was declared
as STATE within Indian Union.
 91st amendment 2003 : It restrict the size of COM
to 15% of total Members.
 100th amendment 2015 : Ratified land boundary
agreement between India and Bangladesh.
 103rd amendment 2019 : It provided 10 %
reservation for economically weaker sections in
educational institutions
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 104th amendment 2020 : Reservation for SC / ST


was extended for another 10 years. And removed
the reserved seats for Anglo Indian community.

Part - 21
Article (369 to 392)
Temporary , transitional
& special Provisions

Article 370: Special Provision for Jammu and


Kashmir
Article 371: Special Provision for Maharashtra,
Gujarat & Himachal Pradesh.
Article 371 A: Special Provision for Nagaland
Article 371 B: Special Provision for Assam
RUPINDER SIDHU ACADEMY
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Article 371 C: Special Provision for Manipur


Article 371 D : special Provision for Andhra
Pradesh

Article 371 F: Special Provision for Sikkim


Article 371 G: Special Provision for Mizoram
Article 371 H : Special Provision for Arunachal
Pradesh

Article 371 I: Special Provision for Goa


Article 371 J: Special Provision for Karnataka &
Hyderabad.

Part – 22 Article (393 to 395)


Short Titles, Commencements
& Repeals
RUPINDER SIDHU ACADEMY
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Constitutional
Development in India.
Britishers came to India as Traders and with Passage of
time, they became its Rulers. PM – Lord North

 REGULATING ACT (1773) was the 1st


landmark in the constitutional development of India.
OBJECTIVE: To address the Problem of management
of company in India.
 By this act, Administration is managed by Body of 24
Directors called “Court of directors”
 In India, three Presidencies were established at
Bombay, Madras and Kolkata under President called
Governor General and his council .
RUPINDER SIDHU ACADEMY
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 Warren hastings – became 1st Governor General


and Members of Council were: John Clavering ;
George Monson, Richard Barwell and Philip francis
 This act also provided for establishment of Supreme
Court with 1 chief Justice and 3 other Judges.
Sir Elijah Imphey.
PM – William Pitt

 Pitts India Act (1784) The Title of this act


was “ An Act for better regulation and Management
of affairs of East India Company (EIC)”
 This Act made the company directly subordinate to
the British Govt.
 This Act established “Board of Control”
This board was made of 6 People

1 Secretary of State, 2Finance Minister, 4 nominated by King


 A Board of control was created to Look after the
Political Matters and court of directors was
appointed for commercial affairs.
RUPINDER SIDHU ACADEMY
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 Governor General’s council was reduced to 3


Members.
 The Company’s Territories in India were for the 1st
time called “British Possessions in India”

 Charter Act of 1793 This act authorized


the company to carry on trade with India for next
20 years.
 A company will Pay 5 Lakh British Pounds annually
out of surplus revenue to British Govt.
Senior company officials were barred from leaving
India without permission

 Charter Act 1813 Was passed by


British Parliament to renew the charter.
 However, the Rise of Napolean Bonaparte Had
brought Hard days to Businessmen of ENGLAND.
 The Britisher traders demanded entry to Ports of
ASIA and dissolve Monopoly of East India Company
RUPINDER SIDHU ACADEMY
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 This act ended the monopoly of East India Company
in India. However company’s Monopoly in Trade
with China and Trade with India in Tea was kept
intact.
 The company should invest Rs 1 Lakh every year
on the education of Indians.
 This Act also granted Permission to the persons
who wished to go to India for Promoting Moral
and Religious improvements.

 Charter Act 1833 With this Act, the


Monopoly of East India Company was Completely
dissolved and with this British were allowed to settle
freely India.
 This Act made Governor General of Bengal, as
Governor General of British India.
 Lord William Bentinck – Became the Ist Governor
General thus this act created strong central
authority.
RUPINDER SIDHU ACADEMY
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 This Act is considered to be an attempt to codify all


the Indian laws.
 India’s 1st Law commission was set up under this Act
& Lord Macaulay was its chairman.

 Charter Act 1853


Was the last charter
act .
 This act reduced the number of directors of company
from 24 to 18
 This act separated the legislative and executive
functions of Governor General Council.
 This Act expanded Governor General council to 12
members for legislative purposes.
 The act provided for appointment of separate
Governor for Bengal.
In April 1854, Fredric Halliday was appointed as LG.
 This act introduced an open competition for
selection of civil servants.
RUPINDER SIDHU ACADEMY
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1857 ਧਵਚ ਜ਼ਬਰਦ਷ਤ ਧਵਦਰ੅ਸ ਸ੅ ਧਗਆ ਆਧਖਰਕਾਰ ਧਜਸੜੀ ਕੰ ਩ਨੀ ਆ਩ਣ੃

ਮੁਲਕ ਤ੃ ਕਈ ਷ਾਲਾਂ ਤੋਂ ਰਾਜ ਕਰ ਰਸੀ ਷ੀ ਉ਷ ਕੰ ਩ਨੀ ਦਾ ਆ਩ਣ੃ ਦ੃ਸ਼ ਦ੃ ਲ੅ ਕਾਂ

ਨੇ ਖਾਤਮਾ ਕਰ ਧਦੱਤਾ। 13 ਮਸੀਧਨਆਂ ਦੀ ਜੰ ਗ ਷ੀ ਤ੃ ਆਧਖਰਕਾਰ UK ਷ਰਕਾਰ

ਨੂੰ ਵੀ ਝਟਕਾ ਲੱਗ ਧਗਆ । ਧਵਦਰ੅ਸ ਦ੃ ਷ਮੇਂ ਆ਩ਣ੃ ਦ੃ਸ਼ ਦਾ Governor

General : Lord Canning ਷ੀ ।

Govt. of India Act, 1858


Marked the new
beginning in constitutional History of India.
 British PM, Palmerstone introduced a Bill in 1858 in
the Parliament for transfer of power to crown.
 The act was titled as “An ACT for the Better
Government of India”
 This Act Abolished the company rule, abolished
court of directors and abolished board of Control.
 The Act provided that Crown will govern India.
Through “Secretary of State for India”
RUPINDER SIDHU ACADEMY
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Lord Stanley was Made First Secretary of State for


India

 The Act provided for “Council of India”, which


consist of 15 Members.
 Along with this, a New office of VICEROY was
created to work as a diplomat to parley with
Princely States. {However, Both the offices to be
Held by same Person}

Indian Council Act , 1861 The most


Significant feature of this Act was association of
Indians with the Legislation work
 In 1862 Lord canning nominated 3 Indians to his
legislative council {Raja of Benaras; Maha Raja of
Patiala and Sir Dinkar Rao.}
Maha Raja Patiala ਉ਷ ਷ਮੇਂ Narinder Singh ਷ੀ

 The Act introduced “Portfolio system in India”.


 The Act provided for the establishment of New
legislative councils for Bengal, North western
Frontier Province.
Indian Council Act ,
Was passed to increase the size of legislative councils and
Governor General Council.
 Governor General’s council was increased to 16
Members.
 A system of Indirect elections was introduced to elect
the members of the councils.
 This Act allowed for the discussion of the Budget, that is
members of legislative councils were authorized to ask
questions with respect to discussion on budget.

Indian Council Act , 1909


Minto Morley reforms
Viceroy Secretary
Was passed to
increase the participation of Indians in the
governance.
 The Act enlarged the size of legislative council both
at central and provincial.
 The Number of Members in central Legislative
council was raised from 16 to 60.
 Members of legislative councils of :Bengal
Bombay 50
Madras Members
UP
Assam, Burma & Punjab = 30 members.
 Under this Act, one Indian was to be appointed to
the viceroy’s executive council.
{ Satyendra Sinha was the 1st Indian to be appointed in
1909. He was appointed as law members}
 This Act Provided for – Admission of 2 Indians to
the Council of secretary of state.
 In this Act, 1st time an element of election was
added, but this Positive element was retrograded
by One negative element, by providing an separate
Electorate for Muslims.
 This Act proved to be Most short lived of all the
constitutional acts.
RUPINDER SIDHU ACADEMY
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Government of India Act 1919 It is called as


Montague Chelmsford Reforms.
Secretary Governor General
 Introduction of responsible govt. in India, is Most
Important Feature of this act.
 Government of India Act 1919 had Separate
Preamble.
 In this act, the spheres of central and provincial
Govts. Were demarcated by division of subjects
into central and provincial. (ਇ਷ ਐਕਟ ਧਵੱਚ ਩ਾਵਰਾਂ ਦੀ ਵੰ ਡ ਸ੅
ਗਰੀਕ ਭਾਸ਼ਾ ਦਾ word ਸ੄.ਇ਷ ਦਾ
ਰਸੀ ਸ੄ ਷ੈਂਟਰ ਤ੃ ਷ਟ੄ਟ ਷ਰਕਾਰਾਂ ਦੀ )
ਮਤਲਬ Double Rule
 The dyarchy was introduced for the provincial govts. The
Provincial subjects were divided into 2 categories reserved
and transferred. {Provinces ਨੂੰ autonomy ਨਸੀਂ ਧਦੱਤੀ}

 By this Act, A Bicameral Legislature was set up at


centre with two houses Viz. Legislative assembly
and council of state. Rajya sabha Lok sabha
RUPINDER SIDHU ACADEMY
(88475-71836)
 Legislative assembly was lower House with 3
years as its tenure. It was made of 145 Members.
 Council of states was upper house and had 60
members tenure is 5 years.
 The Act provided for establishment of Public
service commission in India for the 1st time. { UPSC
1 Oct 1926)
 The Act created a new office of High commissioner
for India in London.{ Sir William Stevenson Meyer}

Government of India Act 1935


Was passed
with 321 sections and 10 schedules.
 This act ended the system of dyarchy introduced in
1919 and provided for establishment of federation
of India.
 Most remarkable feature of act was the provincial
autonomy.
RUPINDER SIDHU ACADEMY
(88475-71836)
 The Bicameral federal legislature would be
consisted of 2 houses viz. council of states and
federal assembly. LS RS

 Council of States: was upper house and permanent


body with 1/3rd members retire every 3rd years.
It consist of 260 members.
 Federal assembly- was lower house with tenure 5
years.
It consist of 375 members.
 This Act abolished dyarchy at provinces and it
provided dyarchy at centre.
 So federal subjects were divided into 2 categories
of Reserved and transferred subjects.
Dyarchy at Provinces 1919
Dyarchy at Centre 1935
 This Act Provided for establishment of Federal
court which consist of one chief Justice and not
more than 6 judges.
RUPINDER SIDHU ACADEMY
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 This Act abolished “Council of India”, established
by Govt. of India act 1858

Indian Independence Act 1947

It abolished the office of the secretary of state for


India.
The Governor General of India as to act as
constitutional Head.

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