POLITY
POLITY
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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
CA constitution
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
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l) Order of Business committee : Head: K M Munshi
m) House committee: Head:
Patabbi
n) committee on chief commissioner provinces: sitaramaiya
Prime Minister
President
Single citizenship
Rule of law
USA
Preamble (ਰਤਾਵਨਾ)
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
Russian Revolution
Parliament States
ਭਾ) ਰੀਸ਼ਦ)
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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
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* Classical Languages : 6
1. Tamil (2004)
2. Sanskrit (2005)
3. Telugu 2008
4. Kannada
5. Malayalam (2013)
6. Odia (2014)
ਧਕ ਵੀ state ਨੂੰ ਧਕ ਵੀ area ਨੂੰ ਆਣ ਮੁਲਕ ਧਵੱਚ add ਕਰ ਕਦ ਸ ਤ ਕਈ ਵੀ
ਨਵੀਂ state ਬਣਾ ਕਦ ਸ, Parliament ਕਲ power ਸ ਨਵੇਂ ਰਾਜਾਂ ਦਾ ਦਾਖਲਾ ਕਰਨਾ
ਜਾਂ ਨਵੇਂ ਰਾਜਾਂ ਦੀ ਥਾਨਾ ਕਰਨਾ (Article 2 ਉਨਹਾਂ area ਦੀ ਗੱਲ ਕਰਦੀ ਸ ਧਜਸੜਾ
Article 3: Parliament ਕਲ power ਸ ਉਸ ਚਾਸੁੰ ਣ ਤਾਂ ਆਣੀ ਧਕ state ਦਾ area
ਵਧਾ ਕਦ ਸ ਧਕ ਵੀ state ਦਾ area ਘਟਾ ਕਦ ਸ ਧਕ ਵੀ state ਦਾ ਨਾਮ
ਧਵੱਚ ਛੜਛਾੜ ਕਰਨੀ ਧਜਵੇਂ – ਆਂਧਰਾ ਰਦਸ਼ ਚੋਂ ਤਲੰਗਾਨਾ ਬਣਾ ਤਾਂ)
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Evolution of States
A. Hyderabad Princely state: was added to India:By Army Mission
Operation Polo
2019
Ladakh J&K
In 2020 , Dadra & Nagar Haveli & Daman and Diu were
Merged : 28 States and 8 UTs
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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-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
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State Govt.
Article 12: Definition of State
Local Govt.
“ Reasonable Restriction”
(Defamation)
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
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Part -4
Article (36 to 51)
Directive Principles of
state Policy (DPSPs)
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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
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.
UNION
Executive
Head of State Head of Govt
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
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 ਜਾਵਗਾ ਰ ਇਸ ਮਤਾ ਾ ਤਾਂ ਮੰ ਧਨਆ
ਜਾਵਗਾ ਜਕਰ ਧਜਸੜ ਸਾਊ ਦ ਧਵੱਚ ਧਲਆਂਦਾ ਸ ਉ ਸਾਊ ਦ 1/4th ਬੰ ਦ
Support ਕਰ ਦਣ । ਉ ਤੋਂ ਬਾਅਦ President ਨੂੰ 14 ਧਦਨਾਂ ਦਾ Notice
ਧਦੱਤਾ ਜਾਵਗਾ
After 14 days have passed ਤਾਂ ਦਨੇਂ ਸਾਊਾਂ ਧਵੱਚ ਧਬੱਲ ਧਲਆਂਦਾ ਜਾਵਗਾ
ਇਸ ਅੱਲਗ –ਅੱਲਗ ਦਨੇਂ ਸਾਊਾਂ ਧਵੱਚ ਾ ਸਣਾ ਜ਼ਰੂਰੀ ਸ । ਰ ਇਸ ਾ
ਤਾਂ ਮੰ ਧਨਆਂ ਜਾਵਗਾ ਜਕਰ ਉ ਸਾਊ ਦ 2/3rd ਬੰ ਦ Support ਕਰ ਦਣ
ਜਕਰ ਦਨੇਂ ਸਾਊਾਂ 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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233 12 238 12
Parliamentary proceedings
Attorney General
Ist : MC setalvad.
Today : R Venkataramani
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}
Parliament States
ਰਰੀਸ਼ਦ)
Governor nominates one member
into the assembly
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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.
Lieutenant administrator
Andaman and Nicobar sChandigarh
Puducherry Lakshadweep
Delhi Dadra and Nagar Haveli
Ladakh Daman and Diu
Jammu and Kashmir
69th amendment, 1991
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.
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
UPSC SPSC
There are 9 to 11 members No. of members are not fixed
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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2. Konkani
4. Nepali
7. Dogri
8. Santhali
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Classical Languages : 6
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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Part - 19
Article (361 to 367)
Miscellaneous
Protection of President and Governors.
Part - 20
Article (368)
Amendment of
Constitution
Constitution amendment bill can be introduced in
any house of parliament. {State Legislature ਕਲ ਕਈ
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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Part - 21
Article (369 to 392)
Temporary , transitional
& special Provisions
Constitutional
Development in India.
Britishers came to India as Traders and with Passage of
time, they became its Rulers. PM – Lord North