Although the systems of ancient India do have their reflections in the Constitutions of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

Regulating Act of 1773

This Act was based on the report of a committee headed by the British Prime Minister Lord North.
Governance of the East India Company was put under the British Parliamentary control.
The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General.
A Supreme Court was established in Calcutta (now Kolkata)
Governor General was empowered to make laws, regulations and ordinances with the consent of the Supreme Court.

Pitts India Act of 1784

It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration.
A 6 member Board of Coordinators was set up which was headed by a minister of the British Government. All political responsibilities were given to this board.
Trade and commerce related issues were under the purview of the Court of the Directors of the company.
Provinces had to follow the instructions of the Central Government and Governor General was empowered to dismiss the failing provincial government.

Charter Act of 1793

Main provisions of the previous Acts were consolidated in this Act.
Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.
Courts were given the power to interpret rules and regulations

Charter Act of 1813

Trade monopoly of the East India Company came to an end.
Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.
The Christian Missionaries were allowed to spread their religion in India.
Local autonomous bodies were empowered to levy taxes.

Charter Act of 1833

The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Controllers.
The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.
The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
For the first time the Governor-General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

Charter Act of 1853

This was the last of the Charter Acts and it made important changes in the system of Indian legislation.
This Act followed a report of then Governor General Dalhousie for improving the administration of the company.
A separate Governor for Bengal was to be appointed.
Legislative and administrative functions of the Council were separately identified.
Recruitment of the Company’s employees was to be done through competitive exams.
British Parliament was empowered to put Company’s governance of India to an end at any suitable time.

Government of India Act, 1858

British Crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians.
The first statute for the governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
It Provide for absolute (British) imperial control over India without any popular participation in the administration of the country.
The powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India.
The country was divided into provinces headed by a Governor or Lieutenant-Governor aided by his Executive Council.
The Provincial Governments had to function under the superintendence, direction and control of the Governor- General in all matters.
All authority for the governance of India was vested in the Governor- General in Council who was responsible to the Secretary of State.
The Secretary of State was ultimately responsible to the British Parliament.

Indian Councils Act, 1861

This is an important landmark in the constitutional history of India. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.
This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.
This Act provided that the Governor General’s Executive Council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.
It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

Indian Councils Act, 1892

The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and Provincial Legislatives Council while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, districts boards, municipalities, zamindars etc.
The Councils were to have the power of discussing the Budget and addressing questions to the Executive.

Morley-Minto Reforms and the Indian Councils Act, 1909

Reforms recommended by the then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
The maximum number of additional members of the Indian Legislative Council (Governor- General’s Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councilors).
The size of Provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.
An element of election was introduced in the Legislative Council at the centre also but here the official majority was maintained.
The Legislative Councils were empowered to move resolutions on the Budget, and on any matter of public interest except certain specified subjects such as the Armed forces, Foreign Affairs and the Indian States.
It provided, for the first time, for separate representation of the Muslim community and thus sowed the seeds of separatism.

The Government of India Act, 1915

This act was passed to consolidate the provisions of the preceding Government of India Acts.

Montague-Chelmsford Report and the Government of India Act, 1919

The then Secretary of State for India Mr. E.S. Montague and the Governor General Lord Chelmsford formulated proposals for the Government of India Act, 1919.
Responsible Government in the Provinces was to be introduced, without impairing the responsibility of the Governor (through Governor General), for the administration of the province, by resorting to device known as ‘Diarchy’ or dual government.
The subjects of administration were to be divided into two categories Central and Provincial.
Central subjects were those which were exclusively kept under the control of the Central Government.
The provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
The ‘transferred subjects’ were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.
The ‘ reserved subjects’ were to be administered by the Governor and his Executive Council with no responsibility to the Legislature.
The previous Central control over the provinces in the administrative, legislative and financial matters was relaxed. Sources of revenue were divided into two categories so that the provinces could run the administration with the revenue raised y the provinces themselves.
The provincial budget was separated from the central budget.
The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.
The Central Legislature, retained power to legislate for the whole country on any subject.
The control of the Governor General over provincial legislature was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General.
The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters.
The Governor General in Council continued to remain responsible to the British Parliament through the Secretary of State for India.
The Indian Legislature was made more representative and, for the first time ‘bi-cameral.’
The Upper House was named the Council of State. This composed of 60 members of whom 34 were elected.
The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected.
The electorates were arranged on a communal and sectional basis, developing the Morley-Minto device further.
The Governor General’s overriding powers in respect of Central legislation were retained as follows:
His prior sanction was required to introduce Bills relating to certain matters;
He had the power to veto or reserve for consideration of the Crown any Bill passed by the Indian Legislature;
He had the converse power of certifying Bill or any grant refused by the Legislature;
He could make Ordinances, in case of emergency.

Simon Commission

This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament and the Government of India Bill was drafted accordingly.

The Government of India Act, 1935

The Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.
The Act divided legislative powers between the Centre and Provinces.
The executive authority of a Province was also exercised by a Governor on the behalf of the Crown and not as a subordinate of the Governor General.
The Governor was required to act with the advice of Ministers responsible to the legislature.
In certain matters, the Governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the Governor General, and, through him, of the Secretary of State.
The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).
The councilors of Council of Ministers responsible to the Legislature were not appointed although such provisions existed in the Act of 1935.
The Central Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.
Apart from the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities.
The Governor General had independent powers of legislatures, concurrently with those of the Legislature.
On some subjects no bill or amendment could be introduced in the Legislature without the Governor General’s previous sanction.
A three-fold division in the Act of 1935 –There was Federal List over which the Federal Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and the Provincial had competence.
The Governor General was empowered to authorize either the Federal or the Provincial Legislature to enact a law with respect to any matter which was not enumerated in the above noted Legislative Lists.
Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

Cripps Mission

In March, 1942 Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
These proposals were to be adopted at the end of the Second World War, provided Congress and the Muslim League could accept them.
According to the proposals-
The Constitution of India was to be framed by an elected Constituent Assembly by the Indian people.
The Constitution should give India Dominion Status.
There should be one Indian Union comprising all the Provinces and Indian States.
Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Province British Government could enter into separate Constitutional arrangements.

Cabinet Mission

In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The object of Cabinet Mission was to help India achieve its independence as early as possible, and to set up a Constitutional Assembly.
The Cabinet Mission rejected the claim for a separate Constituent Assembly and a Separate for the Muslim.
According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. All residuary powers were to be vested in the Provinces and the States.
The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States.
Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting.
The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects.

The Mountbatten Plan

The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan.
It was given a formal shape by a statement made by the British Government on 3rd June, 1947.

The Indian Independence Act, 1947 of the British Parliament

In pursuance of this Act, the Government of India Act, 1935 was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up future Constitution of the country.
From the 15th August 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
The office of the Secretary of State for India was abolished.
The Governor General and the Governors lost extraordinary powers of legislations to compete with the legislature.

The Central Legislature Of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

Making of the constitution

1934: Idea of constituent assembly put forward by M N Roy
1935: INC officially demands constituent assembly
1938: JL Nehru’s declaration on the constitution of India
1940: Nehru’s demand accepted in the form of August Offer
August Offer
- PM: Winston Churchill
- While rejecting INCs demand for independence of India after the war on the ground that INC is not representative of the minorities, three offers were made
- Expansion of Viceroy’s executive council with the inclusion of Indian representatives
- An advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established
- Two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form which the post representatives body should take and the methods by which it should come to a conclusion.
- It further planned to draw out the principles and outlines of the Constitution itself
- Congress rejected the offer
1942: Cripps Mission
- PM: Winston Churchill Sec of State: Leo Amery Viceroy: Linlithgow
- On the framing of an independent constitution to be adopted after the WW II
- Cripps proposals rejected by the ML which wanted India to be divided into two autonomous states
1946: Cabinet Mission
- PM: Clement Attlee Viceroy: Lord Wavell
- Members: Pethick Lawrence (sec of state for India), Stafford Cripps, A V Alexander
- Simla Conference
- May 16 plan
  - United dominion of india would be given independence
  - Muslim majority and Hindu majority provinces to be grouped
  - Central government to run foreign affairs, defence and communications while rest of the responsibility would belong to the provinces, coordinated by the two groups
- Interim cabinet was formed. ML joined the cabinet but decided to boycott the constituent assembly
1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
First meeting of CA on December 9, 1946. SacchidanadaSinha was elected the temporary Presidetn
Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the President and VP of the assembly respectively.
BN Rao was the constitutional advisor to the assembly
Dec 13, 1946: Objectives Resolution moved by JL Nehru
Jan 22, 1947: Objectives resolution adopted
June 3, 1947: Mountbatten plan. Partition of the country announced.
Jan 24, 1950: Final session of the CA. It however continued as a provisional body from Jan 26, 1950 till the formation of the new Parliament after the first general elections in 1951-52

Major Committees of CA

Committee	Chairman
Union Powers Committee	JL Nehru
Union Constitution Committee	JL Nehru
Committee for Negotiating with States	JL Nehru
Steering Committee	Rajendra Prasad
Rules of Procedure Committee	Rajendra Prasad
Provincial Constitution Committee	Sardar Patel
Committee on Fundamental Rights and Minorities. Two sub committees ( FR , Minorities)	Sardar Patel (J B Kriplani, H C Mukharjee)
Drafting Committee	B R Ambedkar

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

Basic Structure

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the fundamental rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of KesavanandaBharati v. State of Kerala. Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the judicial review of constitutional amendments by the Supreme Court. In the Minerva Mills case, NaniPalkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

The supremacy of the constitution.
A republican and democratic form of government.
The secular character of the Constitution.
Maintenance of the separation of powers.
The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

The mandate to build a welfare state contained in the Directive Principles of State Policy.
Maintenance of the unity and integrity of India.
The sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

The sovereignty of India.
The democratic character of the polity.
The unity of the country.
Essential features of individual freedoms.
The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

A sovereign democratic republic.
The provision of social, economic and political justice.
Liberty of thought, expression, belief, faith and worship.
Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since theKesavananda judgment.

Features

Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
Sovereignty of the Country: managing internal and external affairs freely without any external forces.
Democratic state: governing power is derived from the people by means of elected representatives of the people.
Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
Three tier government structure: union, state and panchayats.
Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.

Provisions

Emergency Provisions in the Constitution of India

The Emergency Provisions are mentioned from Article 352 to Article 360.

? Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

? Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

? Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

? Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

? Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

? Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

? Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

? Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

? Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

Special Provisions Relating to Certain Classes

The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342.

? Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People – this Article states that a certain number of seats should be reserved in the House of the People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of autonomous Assam districts should match the total number of seats allotted in the House of the People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union Territory should be proportional to the total number of seats reserved for such state or Union Territory in the house of the People.

? Article 331: Representation of the Anglo-Indian Community in the House of the People – it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community.

? Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States – This Article of the Constitution states that a definite number of seats in every state’s Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes category of Assam state cannot contest the Legislation Assembly election from any of the constituencies of the districts of the state. Also, all areas outside the periphery of the districts of Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total seats alloted to the state Legislative Assembly of Assam should be in proportion of the total population and the share of the SC/ST in such population.

As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the total number of seats assigned in the Assembly as the total population of the SC/STs in that state with respect to the total state population.

In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act 1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state.

The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of Tripura state should be proportional to the total number of existing seats in the Assembly. As per the Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura shall not be less than the total number of seats already available in the Assembly.

? Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States – according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.

? Article 334: Reservation of seats and special representation to cease after 289A – This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly.

? Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts – The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective of the provisions mentioned in this Article.

? Article 336: Special provision for Anglo-Indian community in certain services – as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947. It is also specified that in every two years the total number of seats allotted to the Anglo-Indian community in different services and posts will go down by 10%. The Article states that these provisions will become ineffective after 10 years of the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a candidate of the concerned community is eligible for any post other than the ones mentioned above then he will be selected with immediate effect.

? Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community – the provisions of this Article deal with the fact that grants to the Anglo-Indian community shall be offered in the first three years of the enactment of the Constitution following the same rules made on 31st March 1948. It is also stated that the amount of such grants will reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only when at least 40% of the admissions in educational units belong to communities other than Anglo-Indians, such grants will be offered to the said community.

? Article 338: National Commission for Scheduled Castes and Scheduled Tribes – This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should include a Chairperson, Vice-Chairperson and other members all of whom are elected by the President of India. The Commission, according to the Article, has the power to investigate all matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power by summoning any person from any part of the nation to interrogate him regarding a particular issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every year by the Commission.

? Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes – the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution’s enactment. The various procedures and powers of the commission are to be included in the said Order. Planning and execution of various schemes pertaining to the development of the Schedule Tribes included in the executive power of the Union is also mentioned in the Article.

? Article 340: Appointment of a Commission to investigate the conditions of backward classes – this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. This Commission is also supposed to recommend any state or union the necessary steps through which the underprivileged classes can improve their social and economic status. On the basis of the investigation done, the Commission shall submit a report to the President of India. The President, in turn, shall present such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe the necessary steps to be taken to develop the condition of the backward classes.

? Article 341: Scheduled Castes – this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. The president can do the same by issuing a public notification. However, the Parliament of India can, by law, accept or reject the list containing the Scheduled Caste groups.

? Article 342: Scheduled Tribe – a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice. The President consults with the Governor of the concerned state or Union Territory before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for declaration of the Scheduled Tribe can be saved by the Parliament.

Other provisions

Article 369 {Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List}

Article 370 {Temporary provisions with respect to the State of Jammu and Kashmir}

Article 371 {Special provision with respect to the States of Maharashtra and Gujarat}

Article 371A {Special provision with respect to the State of Nagaland}

Article 371B {Special provision with respect to the State of Assam}

Article 371C {Special provision with respect to the State of Manipur}

Article 371D {Special provisions with respect to the State of Andhra Pradesh}

Article 371E {Establishment of Central University in Andhra Pradesh}

Article 371F {Special provisions with respect to the State of Sikkim}

Article 371G {Special provision with respect to the State of Mizoram}

Article 371H {Special provision with respect to the State of Arunachal Pradesh}

Article 371I {Special provision with respect to the State of Goa}

Article 372 {Continuance in force of existing laws and their adaptation}

Article 372A {Power of the President to adapt laws}

Article 373 {Power of President to make order in respect of persons under preventive detention in certain cases}

Article 374 {Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council}

Article 375 {Courts, authorities and officers to continue to function subject to the provisions of the Constitution}

Article 376 {Provisions as to Judges of High Courts}

Article 377 {Provisions as to Comptroller and Auditor-General of India}

Article 378 {Provisions as to Public Commissions}

Article 378A {Special provisions as to duration of Andhra Pradesh Legislative Assembly}

Short Notes for Important Articles and Points

					Parts of the Constitution
Part		Articles			Areas
I			1-4		The Union & its Territories
II			5-11		Citizenship
III		12-35			Fundamental Rights
IV		36-51			Directive Principles of State Policy
IV A			51A		Fundamental Duties (42^nd Amendment)
V		52-151			The Union Government
VI		152-237			The State Government
VII			238		Dealt with states in Part B of the First Schedule. Repealed in 1956 by the
					Seventh Amendment.
VIII		239-241			Union Territories. Article 242 repealed.
IX	243 A-O				The Panchayats
IX-A	243 P-ZG				The Muncipalities
X	244-244 A				The Scheduled & Tribal Areas
XI		245-263			Relations between the Union & the States
XII	264-300A				Finance, Property, Contracts & Suits
XIII		301-307			Trade, Commerce &Intercouse within the territory of India
XIV		308-323			Services under the Union & the States
XIV A	323A-323B				Administrative Tribunals (42^nd Amendment 1976)
XV		324-329			Elections
XVI		330-342			Special Provisions (Reservations of SC, ST, Anglo Indian etc)
XVII		343-351			Official Language
XVIII		352-360			Emergency Provisions
XIX		361-367			Miscellaneous Provisions (Immunity of President, Legislature etc)
XX			368		Amendment of the Constitution
XXI		369-392			Temporary, Transitional & Special Provision
XXII		393-395			Short Title, Commencement, Authoritative
					Schedules of the Constitution
Schedule I				Deals with territories of the 28 states & 7 union territories
Schedule II				Salaries allowances of president, V.P, Speaker, Judges, CAG etc.
Schedule III				Various forms of Oaths & affirmation which various incumbents have to take.
Schedule IV				Seats allotted to various states & UTs in the RajyaSabha (Council of States)
Schedule V				Administration & Control of scheduled areas.
Schedule VI				Administration of tribal areas in Assam, Meghalaya & Mizoram
Schedule VII				Subjects in the three lists – Union, State & Concurrent
Schedule VIII				List of 22 regional languages
Schedule IX				Certain acts & regulations dealing with land reforms &zamidari system abolition.
				((Added by first constitutional amendment).
Schedule X				Disqualifications on grounds of defection. (52^nd Amendment)
Schedule XI				29 subjects on which panchayats can legislate. (73^rd Amendment)
Schedule XII				18 subjects on which municipalities have control. (74^th Amendment)

					Indian Constitution Borrowed Features
	1.		British Constitution			Parliamentary form of Government, Rule of Law, Law making
						procedure, Single Citizenship; Institution of Speaker, doctrine of
						pleasure tenure of civil servants.
	2.		American Constitution			Judicial System, Fundamental Rights
	3.		Canadian Constitution			Federal System with a strong central authority; Residual powers,
						Centre State Relation.
	4.		Irish Constitution			Directive Principles, Election of the President of India
	5.		Australian Constitution			Concurrent list; Freedom of Trade & Service within country
	6.		Weimar Constitution			Emergency Provision
	7.		Soviet Constitution			Five Year Plans; Fundamental duties
	8.		Govt of India Act 1935			Office of the governor, powers of the federal jury.
	9.		South African			Amendment of Constitution.
					Important Cases of the Constitution
1.		Berubari Case		Preamble not a part of the constitution
2.		Golaknath Case		Supreme court held that the Parliament had no power to amend any of the
		1967		provisions of Part III (Fundamental rights) The Indira Gandhi government
				in 1971 carried out the 24^th Amendment with a view to assert the right of
				the parliament to amend any part of the constitution.
3.		KeshvanadaBharti		Preamble was a part of the constitution & can be amended by Parliament
		Case		under Article 368. Parliament can also amend the fundamental rights
				(Against Golaknath case) but ruled that the parliament cannot destroy the
				basic structure of the constitution.
4.		Minerval Mills Case		The 42^nd.amendment carried out in 1976 gave asserted that parliament had
		1980		unlimited powers to amend the constitution & tried to accord precedence to
				Directive principles over fundamental rights. But in the Minerva Mills
				Case the Supreme court struck down those provisions
5.		Maneka Gandhi Vs		Right to live is not merely confined to physical existence but includes
		Union of India		within its ambit the right to live with human dignity

Preamble

We, the people of India, having solemnly resolved to constitute India into a Sovereign socialist secular democratic republic and to secure to all its citizens :

Justice, social, economic and political;

Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity;

and to promote among them all

Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.

In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution.

		Reorganization of States
1.	1956 Act	14 States & 6 Union territories formed.
		States – Andhra Pradesh, Assam, Bihar, Bombay, J&K, Kerala, M.P., Madras,
		Mysore, Orissa, Punjab, Rajasthan, U.P & West Bengal.
		UTs – Andaman & Nicobar, Delhi, Himachal Pradesh, Laccadive, Minicoy &
		Amindivi Islands, Manipur & Tripura
2.	1960	The states of Maharashtra & Gujarat created by bifurcating the state of Bombay.
3.	1963	Nagaland formed
4.	1966	Punjab & Haryana formed out of Punjab & hill areas merged with H.P (UT then).
5.	1969	Meghalaya created out of Assam.
6.	1971	Himachal Pradesh, Tripura & Manipur raised to the status of a state
7.	1975	Sikkim admitted as a state.
8.	1986	Mizormam& Arunachal Pradesh (UTs till then) given status of state
9.	1987	Goa created by separating it from the UT of Daman & Diu.
10.	2000	Chattisgarh, Jharkhand & Uttaranchal

	Various Political/Non Political Offices of India
President	Name proposed by 50 electors & security deposit of Rs 15000. Disputes in
	connection with the election of President are decided by Supreme Court. Oath by
	Chief justice of India. MLAs & members of both house of the parliament vote in the
	election. The president submits his resignation to the Vice President. Impeachment
	can be initiated by either house of parliament (2/3 majority). Nominated members can
	also participate but they do not participate in the election of president. MLAs do not
	participate in impeachment. In case the office becomes vacant fresh elections within
	6 months. The president enjoys suspensive veto powers & it applies only to the non
	money bills. With regards to constitutional amendments president has no veto
	powers. President can promulgate ordinances when the parliament is in recess only
	on matters in the union & concurrent list. The ordinances must be approved by
	parliament within 6 weeks. All money bills originate on the recommendation of the
	President. Appoints finance commission. If there is no party with clear cut majority
	the president can use his discretion. He cannot declare any emergency on his own.
	Can summon both houses separately.
Vice President	Name seconded by at least 25 members & security deposit of 15,000. More than 35
	years of age. Elected by the members of LokSabha&RajyaSabha at a joint meeting.
	Oath before the president or some other person appointed by him. Can act as
	president for a maximum 6 months period. Not a member of Rajyasabha only an ex-
	officio chairman.
Prime Minister	Gets the same salary & allowances as MPs but additional sumptuary allowance of
	3000 per month. If the prime minister is taken from RajyaSabha he cannot part in
	voting when a vote of no confidence is under consideration. In the event of his death
	the council of ministers stand automatically dissolved.
Deputy PM	Position not known to the constitution although 7 persons have occupies this post.
	Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi
	Lal& L. K. Advanihave served the office.
Council of	Should be a member of either house or do so within 6 months. Vote of no confidence
Ministers	against any minister leads to resignation of entire council. The cabinet, state & deputy
	ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the
	budget before the parliament. Collectively responsible to parliament but individual

	ministers responsible to President.
LokSabha	Strength of LokSabha fixed at 543 plus 2 nominated members of Anglo-Indian
	community in 1976. Minimum 25 years of age. The security deposit has been
	increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs
	250 to Rs 5000. 10 electors should propose. No candidate can contest elections from
	more than 2 constituencies. Oath before president or some person appointed by him.
	Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60
	days without intimation. The speaker continues in the house even after the dissolution
	of the LokSabha till a newly elected LokSabha meets. MPs are entitled to a monthly
	salary of Rs 12000 & pension of 3000 which increases according to the number of
	years served. The joint session is called if a bill passed is rejected by other house or
	no action is taken. Speaker presides over joint sessions.
RajyaSabha	238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state
	legislative assemblies on the basis of proportional representation through a single
	transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok
	Sabha, any bill pendin in the RajyaSabha but not passed by LokSabha does not
	lapse.
Supreme Court	5 years as high court judge or 10 years as advocate. Hold office till the age of 65.
Judge	Address their resignation to president. The salaries of chief justice & other judges are
	33000 & 30,000 respectively. Impeachment requires 2/3^rd majority in the two houses
	of the parliament. Original Jurisdiction (Centre-state & fundamental rights),
	Appellate jurisdiction (Only if high court certifies or the high court has awarded
	death sentence after reversing judgement or after withdrawing case from lower court
	& Advisory jurisdiction.
Governor	Oath before chief justice of high court of that state. 35 years of age. Draws
	36000.Adresses first session of state legislature after elections. Appoint one sixth
	members of legislative council. Nominates one member of Anglo Indian community
	to the legislative assembly. Makes laws through ordinances. Can grant pardon but not
	in case of death sentence. Reserve a bill for president’s consideration. He is permitted
	to act without the advice of the council of ministers unlike president. Ordinance
	issued by him remains in force for a maximum 6 months. The constitution does not
	contain any provision for his impeachment.
Advocate	Person who is qualified to be a judge of the high court. Remunerations as the
General	governor may determine.
Legislative	60 to 500 members according to population but Sikkim has only 32 members. 25
Assembly	years of age. Goa, Mizoram, Pondicherry have only 30 members.
Legislative	Its members are elected by legislative assembly (1/3^rd) local bodies (1/3^rd), teachers
Council	(1/12^th), university graduates (1/12^th) & nominated by governor (1/6^th). The
	maximum membership can be 1/3^rd that of Legislative Assembly but in no case less
	than 40 members. 30 years of age. The legislative council can delay an ordinary bill
	for 3 months & a money bill for 14 days. There is no provision for joint sitting here.
High Court	To become a judge – advocate for 10 years or held judicial office in Indian Territory
	for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other
	judges 26000. The pension of the high court judges is charged to the Consolidated
	fund of India.
Administrative	Incorporated by 42^nd amendment through addition of articles 323A & 323B. CAT is
Tribunals	located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision
	of CAT can be challenged in a high court.

Inter State	Created on the recommendations of the Sarkaria commission although constitution
Council	provided for it. Appointed by president. Advises on disputes between various states.
	Comprises of PM& CMs of all states & UTs. PM can nominate 6 ministers of
	cabinet rank. Meets atleast 3 times a year.
Zonal Council	Set up under state reorganization act 1956. 5 before & 6^th added in 1972 called NE
	council. Consists of Union minister nominated by president, CM of each state in the
	zone, two ministers from each state nominated by governor & one member per UT.
	The CM of the state where the zonal council meets is the ex-officio chairman.
UPSC	Chairman & 8 members. Members appointed for a 6 year term or till they attain 65
	years of age. President can issue orders for the removal of the members of the UPSC
	only after supreme court makes such recommendation on the basis of an enquiry.
	Members not eligible for employment by the government after retirement. The state
	can restrict the fundamental rights of civil servants.
Comptroller &	6 years or till the age of 65 years. The president can remove CAG only after
Auditor	recommendation of the two houses of parliament. Salary of 30,000. He only conducts
General	audit. Submits report to President who in turn places it before parliament.
Attorney	Qualification same as judge of supreme court. Appears before supreme court &
General	various high courts involving the Government of India.
Election	Two commissioners with equivalent power. Period of 5 years. Job also includes
Commission	delimitation of constituency to ensure same number of people in each. The election
	commission of India appoints the ‘Returning officers’ for the state assembly elections
	to help conduct fair elections. Election of local bodies comes under state election
	commission. The state election commission is a single member commission
	comprising SEC.
Finance	Qualified to be appointed as judges of the high court or special knowledge of finance
Commission	& accounts of government. Comprises chairman & four other members. Functions:-
	recommend distribution of taxes between centre & states, grant-in-aid to states,
	advice president on any matter.
Planning	Non-statutory body which formulates 5 year plans. The Commission works through
Commission	its various divisions, of which there are three kind: General Planning Divisions,
	Special Planning Divisions, Programme Administration Divisions
NDC	Extra constitutional &extra legal body. Its recommendations are binding in nature as
	per convention.
Minorities	Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate
commission	minister the welfare of SC/ST/OBC.
NHRC	Statutory body.
Panchayat	Panchayat is responsible to gram sabha, the general body of villagers comprising all
	adults. Members usually range from 5 to 31. Members have same requirements as
	MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI
	schedule
Panchayat	Genearlly comprises of the sarpanches of village panchayats under the block. Its
Samiti	chairman called ‘Pradhan’ is elected from among its members. Responsible to gram
	panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram
	panchayat&ZillaParishad
ZilaParishad	Consists of representatives of panchayatsamiti, local members of state legislature,
	members of parliament, members representing SC/ST/Women/cooperative bodies.
	Zillaparishad elects its chairman called ‘Pradhan’ form amongst its members.
	Depends entirely on state government for grants.

	Constitution of India (Upto Part IV)
Part I	The Union and its Territory
Article 1	Name and territory of the Union
Article 2	Admission or establishment of new States
Article 2a	[Repealed] Sikkim to be associated with the Union
Article 3	Formation of new States and alteration of areas, boundaries or names of existing States
Article 4	Laws made under articles 2 and 3 to provide for the amendment of the First and the
	Fourth Schedule and supplemental, incidental and consequential matters
Part II	Citizenship
Article 5	Citizenship at the commencement of the Constitution
Article 6	Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 7	Rights of citizenship of certain migrants to Pakistan
Article 8	Rights of citizenship of certain persons of Indian origin residing outside India
Article 9	Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Article 10	Continuance of the rights of citizenship
Article 11	Parliament to regulate the right of citizenship by law
Part III	Fundamental Rights
Article 12	Definition
Article 13	Laws inconsistent with or in derogation of the fundamental rights
Article 14	Equality before law meaning ‘equality of treatment within a class’
Article 15	Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16	Equality of opportunity in matters of public employment
Article 17	Abolition of Untouchability
Article 18	Abolition of titles
Article 19	Protection of certain rights regarding freedom of speech, etc.
Article 20	Protection in respect of conviction for offenses
Article 21	Protection of life and personal liberty
Article 21A	Right to education.
Article 22	Protection against arrest and detention in certain cases
Article 23	Prohibition of traffic in human beings and forced labour
Article 24	Prohibition of employment of children in factories, etc.
Article 25	Freedom of conscience and free profession, practice and propagation of religion
Article 26	Freedom to manage religious affairs
Article 27	Freedom as to payment of taxes for promotion of any particular religion
Article 28	Freedom as to attendance at religious instruction or religious worship in certain
	educational institutions
Article 29	Protection of interests of minorities
Article 30	Right of minorities to establish and administer educational institutions
Article 31	[Repealed] Compulsory acquisition of property
Article 31A	Saving of laws providing for acquisition of estates, etc.
Article 31B	Validation of certain Acts and Regulations
Article 31C	Saving of laws giving effect to certain directive principles
Article 31D	[Repealed] Saving of laws in respect of anti-national activities
Article 32	Remedies for enforcement of rights conferred by this Part
Article 32A	[Repealed]
Article 33	Power of Parliament to modify the rights conferred by this Part in their application to
	Forces, etc.

Article 34	Restriction on rights conferred by this Part while marital law is in force in any area
Article 35	Legislation to give effect to the provisions of this Part
Part IV	Directive Principles of State Policy
Article 36	Definition
Article 37	Application of the principles contained in this Part
Article 38	State to secure a social order for the promotion of welfare of the people
Article 39	Certain principles of policy to be followed by the State
Article 39A	A Equal justice and free legal aid
Article 40	Organisation of village panchayats
Article 41	Right to work, to education and to public assistance in certain cases
Article 42	Provision for just and humane conditions of work and maternity relief
Article 43	Living wage, etc., for workers
Article 43A	Participation of workers in management of industries
Article 44	Uniform civil code for the citizen
Article 45	Provision for free and compulsory education for children
Article 46	Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
	and other weaker sections
Article 47	Duty of the State to raise the level of nutrition and the standard of living and to improve
	public health
Article 48	Organisation of agriculture and animal husbandry
Article 48A	Protection and improvement of environment and safeguarding of forests and wild life
Article 49	Protection of monuments and places and objects of national importance
Article 50	Separation of judiciary from executive
Article 51	Promotion of international peace and security
Article 51A	Fundamental Duties

Parliamentary Committees

1.	Business Advisory Committee	15 members. Speaker is chairman
2.	Committee on Private Members Bills &	15 members. Deputy Chairman is chairman.
	Resolutions	Classifies bills according to importance.
3.	Select Committees	Constituted for considering different bills.
4.	Committee on Petitions	15 members.
5.	Rules Committee	15 members. Speaker is head. Rules of House
6.	Committee on Privileges	15 members. Violation of Privileges of M.P
7.	Committee on Subordinate Legislations
8.	Committee on Welfare of Scheduled Castes	30 Members. 20 M.Ps & 10 R.S.
	& Scheduled Tribes
9.	Committee on Government Assurances	15 members. How far assurances given by the
		ministers have been implemented
10.	Committee on Absence of Members	Examines leave applications of members
11.	Estimates Committee	30 members. Examines Annual Estimates &
		suggests alternative policies
12.	Public Accounts Committee	22 members. 15 M.Ps& 7 R.S. Assisted by
		Comptroller & Auditor general. It acts as a watch
		dog of expenditure.
13.	Committee on Public Undertakings	15 members. 10 M.Ps & 5 R.S. Examines working
		of public undertakings

14.	Joint Committee on Salaries & Allowances	15 members. 10 nominated by speaker & 5 by the
		chairman of RajyaSabha.
15.	Joint Committee on Offices of Profit	15 members. 10 L.S & 5 R.S.
16.	Parliamentary Subject Committees	17 parliamentary committees were constituted. 11
		by Speaker & 6 by chairman of RajyaSabha

Parliamentary Terms

Question Hour

First hour of every sitting in the two houses of the parliament is devoted to

asking& answering questions known as Question hour. The questions

consist of starred (oral), unstarred (written) & short notice question.

Zero Hour

The hour after the question hour. There is no mention of zero hour in the

rules of the parliamentary procedure & the term was coined by press in the

early 1960’s. Members raise matters which cannot brook any delay.

Adjournment Motion

Moved to draw the attention to a recent matter of urgent public importance.

Only if 50 members support it & speaker grants permission.

Calling Attention

A member with prior attention of the speaker may call the attention of a

Notice

minister to a matter of urgent public importance.

Short Duration

Private members can also bring matters of urgent public importance to the

Discussions

notice of the House. The notice must be signed by at least 3 members

Cut Motion

Motions to reduce the amount of demand for grants. They are of 3 types:

Disapproval of policy cut, Economy cut, Token Cut.

Guillotine

When the discussion cannot be completed within stipulated time, the

speaker can put the matter to vote even without concluding discussion.

Censure Motion

At least 50 members support it & speaker should admit it. If the motion is

passed in the LokSabha, the council of ministers have to resign.

By Elections

To fill up the seat rendered vacant due to death.

Lists

Union List (99)

Defence,

Foreign affaris, currency, banking, communication, inter-state

trade, commerce, atomic energy, railways, highways, aerodromes.

[Originally 97 items – one deleted, 3 added]

State List (61)

Health, sanitation, public order, agriculture, prisons, local government,

liquor, transportation, relief of disabled, sales tax &octroi, taxes on

entertainment& wealth. [Originally 66 items out of which 5 transferred to

concurrent list].

Concurrent list (52)

Criminal law, electricity, factories, forests, education, marriage & divorce,

drugs, newspapers, books & printing press, social insurance, trade unions,

preventive detention, stamp duties. [Originally 47 but 5 items transferred to

this list from state list]

Commissions/committees & their Purpose

S.K Dhar committee

Reorganization of states on linguistic basis

JVP committee

Jawahar, Vallabh, PattabhiSitaramayya (same as above)

Shah Commission

Punjab Reorganization Act

Tarkunde Committee

Electoral Reforms. Voting age to be reduced to 18 years (61^st

amendment). Voter councils to be formed.

Dinesh Goswami

Electoral Reforms. To save the security candidates should secure

Committe

at least 1/4^th of valid votes.

6.	BalwantRai Mehta	Recommendations approved by NDC. Rajasthan first adopted 3
		tier structure, followed by Andhra Pradesh & Bihar.
7.	Ashok Mehta Committee	Working of panchayati raj institutions.
8.	Rajamannar Commission	Recommended abolition of IAS & the IPS

	Select Political Doctrines & Principles
The Doctrine Of	Idea that when the legislature wants to do something that it cannot do
Colourability,	within the constraints of the constitution, it colours the law with a
	substitute purpose which will still allow it to accomplish its original goal.
Pith And Substance	Interpretation used to determine under which head of power a given piece
	of legislation falls. The doctrine is primarily used when a law is
	challenged on the basis that one level of government (be it provincial or
	federal) has encroached upon the exclusive jurisdiction of another level of
	government.
Doctrine of Severability	Associated with declaration of law as unconstitutional & void by the
	courts.
Principle of Harmonious	Concerned with the relationship between the fundamental rights & the
Construction	directive principles.

Miscellaneous Facts

The idea of a constituent assembly to frame a constitution for India was first mooted by the Swaraja Party in 1928. Dr.SachhidanandSinha was the Provincial president of the assembly that drafted the Indian constitution later Rajendra Prasad took over. The constituent assembly set up 13 committees for framing the constitution. On the basis of the reports, a draft of the constitution was prepared by a seven member drafting committee under the chairmanship of Dr. B. R. Ambedkar. B.N. Rau acted as the constitutional advisor to the constituent assembly. The preamble was proposed before the drafting committee by J.L. Nehru.

While dealing with the reorganization of princely states, the constitution provided a four-fold distribution of states, viz. A, B, C & D. Part A states comprised of nine erstwhile states under the government of British India. Part B comprised of five princely states with legislatures. Part C of five centrally administered areas & Part D comprised of Andamans& Nicobar.

The citizenship act of 1955 was first amended in 1986 & later in 2003. In 2003 a new law was passed which permits PIO residing in 16 countries to have dual citizenship status. This will enable them to participate in economic activities & real estate. However they cannot participate in elections.

The right to property (Article 31) eliminated from the list of fundamental rights by 44^thamendment in 1978. Now it is a constitutional right.

The writ of Prohibition is available during the period when the proceedings are pending & the final order is not made. Certiorari (meaning ‘to be informed’) can be issued only after the final order has been made.

Right to education is granted by the 86^th amendment carried out in 2002. Under this the government shall provide free & compulsory education to all children from the age of 6 to 14. The right to information has been granted to the citizens under the information act 2002.

In 1976 the delimitation of constituencies was freezed on the basis of the 1971 census upto 2001. In 2002 the 84^th amendment extended the freeze up to 2026.

The Parliament can also legislate on subjects in the state list if (a) the RajyaSabha passes a resolution by 2/3^rd majority (b.) if the legislatures of two or more states recommend to parliament (c) For the implementation of treaty with foreign powers (d) during emergency.

The stages of bill introduction are first reading, publishing in gazette, second reading, referred to committee, committee submits its report with recommendations (amendments can be introduced here) & third reading involving formal voting to accept or reject the bill (No amendments possible here).

The final decision whether a bill is a money bill or not rests with the speaker. RajyaSabha can delay money bill only by 14 days.

Vote of Account is a provision to meet the expenses due the gap between the presentation & passage of the budget. Normally vote of account is taken as two months for a sum equivalent to one-sixth of the estimated expenditure of the whole financial year.

The government is collectively responsible only to the LokSabha.

In the appointment of the judges of the Supreme Court & the high courts, the president is bound t act in accordance with the opinion of the Chief Justice of India who would tender his opinion after consulting his colleagues.

The court appoints its officer & servants in consultation with the UPSC.

Bihar, J&K, Karnataka, Maharashtra & U.P are the only states with bicameral legislature.

Family Courts, LokAdalats (under State Legal Aid & Advice Boards) &NyayaPanchayat are other judicial bodies.

The administrators are known as lieutenant governors (Daman & Pondicherry), Chief commissioners (Andamans& Chandigarh) & as administrators (Lakshadweep)

In UTs with legislative assembly the right to legislate on subjects enumerated in the state list & concurrent list vests with the assembly but for other UTs parliament enacts the laws.

The constitution has made special provision for the administration of scheduled areas in a state other than Assam, Meghalaya, Tripura& Mizoram. The right to declare any area as scheduled area rests with the President & is subject to legislation by the parliament.

Comptroller & auditor general looks after the accounts of both the centre & the state.

In case the law is passed by the state legislature & received the approval of the President before the enactment of law on the same subject by the Parliament, the former prevails.

Sarkariacommissions recommendations included inter-governmental council formation, sparing use of article 356, governor post/All India services/NDC to continue.

National Emergency: The proclamation of emergency should be approved by both houses within one month of the date of issue & passed by 2/3^rd majority otherwise ceases to operate in one month. Once it has been approved it remains in force for a period of 6 months. The life of LokSabha can be extended upto one year at a time & up to the period not exceeding beyond six months after the proclamation ceases to operate. Fundamental rights except guaranteed in article 20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78. However according to 44^th amendment, national emergency cannot be declared on grounds of internal disturbances.

Emergency due to constitutional failure in state: Ceases to be in operation after the expiry of two months unless approved by each house. After approval valid for 6 months. It can be extended by parliament for a further period of 6 months. To extend further election commission should certify & still maximum period is 3 years. Declared more than 100 times, first time in Punjab. The court can strike down emergency if found unconstitutional & revive the dissolved state assembly.

Financial Emergency: Remains in force for a period of 2 months unless approved. After approval 6 months. The maximum period is 3 years. President can reduce salary of judges of all courts & ask all money bills passed by state legislature to be reserved.

Initially the constitution recognized 14 regional languages which were Hindi, Sanskrit, Urdu, Telugu, Tamil, Malayalam, Kannada, Marathi, Gujarati, Oriya, Bengali, Assamese, Punjabi, Kashmiri. Sindhi was added through 21^st In 1992 three additional languages – Konkani, Manipuri & Nepali were added by 71^st amendment. In 2003 four more languages – Bodo, Maithili, Santhali&Dogri were added to the eighth schedule raising the number to 22.

Special Provisions for J&K: Directive priniciples& fundamental duties do not apply. High court of J&K enjoys very limited powers & cannot declare any law unconstitutional or issue writs except for enforcement of fundamental rights. Residuary powers rest with the state government. The V & VI schedule of constitution regarding scheduled areas & scheduled tribes not applicable. Assembly consists of 100 members & legislative council 36 members. Urdu is official language. The constitution was adopted on November 17, 1957. No emergency except that due to war/external aggression can be automatically extended to the state.

Money comes to consolidated fund of India from revenues, fresh loans, repayment of loans. Money can be spent out of this fund only after approval of parliament. Expenses charged on this fund include debt charges of GOI, sums payable due to court award & salaries of CAG, Auditor general, judges etc.

Contingency fund is at the disposal of President & was constituted in 1950 by parliament. Expenses should be subsequently authorized by parliament. State govt contingency fund is with governor.

The security deposit for general elections is Rs 10,000 & for reserved seats 5,000.

The 52^nd amendment added tenth schedule to the constitution which dealt with anti-defection. The final decision rested with speaker regarding defection, though it can be challenged in court.

6 all India party & over 40 regional parties. National party if it secures more 6 per cent of the votes polled in any four or more states. In addition it must win at least four seats in the House of the People or should have at least 2 percent of the LokSabha seats from at least three different states (ie 11 MPs). Regional party only six percent in a single state or at least 3 seats in the Assembly.

73^rd amendment gave constitutional status to panchayati raj. If panchayat is dissolved before 5 years, fresh elections should be held within 6 months.

Amendment normally needs at least two-thirds of the LokSabha and RajyaSabha to pass it. When RajyaSabha disagrees with the proposals, the amenment bill is lost.

Proportional representation with single transferable vote is followed in the elections of President, Vice President & Members of RajyaSabha.

The government of India instituted Bharat Ratna& Padma Shri under Article 18 of the constitution.

The procedure of election of the President can be modified through an amendment passed by two-thirds majority by both the houses & be ratified by legislatures of at least half of the states.

P Singh resigned after loosing vote of no confidence in the LokSabha.

Finance bill & appropriation bill are presented along with the budget. The recommendation of creation of new all India services is the exclusive power of RajyaSabha. A member of the panel of chairman announced by the speaker presides over loksabha if neither the speaker nor the depty speaker present.
30 seats are reserved for STs in the LokSabha.

The concept of PIL originated in U.K. The number of judges of high court is determined by the President.

The salary & emoluments of the president are exempt from income tax. This is not the case with chief justice of India & election commissioner.

Disputes regarding the age of the judge of a highcourt shall be decided by the president in consultation with the Chief Justice of India. A bench consisting of five or more judges is called a full bench of the supreme court.

National commission for SC & the State Election Commission are not statutory body. Keeping the units of Indian union under control & serving as the agents of the central government is not the purpose of All India services.

Only war & external aggression can lead to suspension of fundamental rights under article 19. Armed rebellion does not cause the suspension.

Provisions regarding citizenship & provisional parliament were given immediate effect from 26^th November 1949. Elections & fundamental rights came later on 26^th January 1950.

Only when president’s rule is imposed, the parliament gests the exclusive authority to legislate on a subject under state list.

When the three lists come in conflict, List-I has priority over both List II & List III. Further List III has priority over List II. The expression ‘Judicial review’ is not explicitly stated in the constitution & is implied. President of India is an integral part of the parliament.

The following enjoy the rank of a cabinet minister: deputy chairperson of planning commission, Leader of opposition in LokSabha, Speaker of LS, and Chairman of Finance Commission. The following are special voters in the elections to the loksabha& the assemblies – Presidnet, VP, Governors & Judges of the supreme court & high courts.

LokSabha enjoys the powers to pass vote on account, votes of credit & exceptional grants.

K has no written constitution. New Zealand was the first country to grant franchise to women.

Essential Extra Reference

Important Amendments

	Annexure – I
	Other Articles of the Constitution

Part V	The Union
Chapter I	The Executive – The President & the Vice President
Article 52	The President of India
Article 53	Executive power of the Union
Article 54	Election of President
Article 55	Manner of election of President
Article 56	Term of office of President
Article 57	Eligibility for re-election
Article 58	Qualifications for election as President
Article 59	Conditions of President’s office
Article 60	Oath or affirmation by the President
Article 61	Procedure for impeachment of the President
Article 62	Time of holding election to fill vacancy in the office of resident and the term of office
	or person elected to fill casual vacancy
Article 63	The Vice-President Of India
Article 64	The Vice-President to be ex-officio Chairman of the Council of States
Article 65	The Vice-President to act as President or to discharge his functions during casual
	vacancies in the office, or during the absence, of President
Article 66	Election of Vice-President
Article 67	Term of office of Vice-President
Article 68	Time of holding election to fill vacancy in the office of Vice-President and the term
	of office of person elected to fill casual vacancy
Article 69	Oath or affirmation by the Vice-President
Article 70	Discharge of President’s functions in other contingencies
Article 71	Matters relating to, or connected with, the election of a President or Vice-President
Article 72	Power of President to grant pardons, etc., and to suspend, remit or commute sentences
	in certain cases
Article 73	Extent of executive power of the Union
	Council of Ministers
Article 74	Council of Ministers to aid and advise President
Article 75	Other provisions as to Ministers
	Attorney General of India
Article 76	Attorney-General for India
	Conduct of Government Business
Article 77	Conduct of business of the Government of India
Article 78	Duties of Prime Minister as respects the furnishing of information to the President,
	etc.
	Chapter II Parliament
Article 79	Constitution of Parliament
Article 80	Composition of the Council of States –
Article 81	Composition of the House of the People
Article 82	Readjustment after each census
Article 83	Duration of Houses of Parliament
Article 84	Qualification for membership of Parliament

Article 85	Sessions of Parliament, prorogation and dissolution
Article 86	Right of President to address and send messages to Houses
Article 87	Special address by the President
Article 88	Rights of Ministers and Attorney-General as respects Houses
	Officers of the Paliament
Article 89	The Chairman and Deputy Chairman of the Council of States
Article 90	Vacation and resignation of, and removal from, the office of Deputy Chairman
Article 91	Power of the Deputy Chairman or other person to perform the duties of the office of,
	or to act as, Chairman
Article 92	The Chairman or the Deputy Chairman not to preside while a resolution for his
	removal from office is under consideration
Article 93	The Speaker and Deputy Speaker of the House of the People
Article 94	Vacation and resignation of, and removal from, the offices of Speaker and Deputy
	Speaker
Article 95	Power of the Deputy Speaker or other person to perform the duties of the office of, or
	to act as Speaker
Article 96	The Speaker or the Deputy Speaker not to preside while a resolution for his removal
	from office is under consideration
Article 97	Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and
	Deputy Speaker
Article 98	Secretariat of Parliament
	Conduct of Business
Article 99	Oath or affirmation by members
Article 100	Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
	Disqualification of Members
Article 101	Vacation of seats
Article 102	Disqualifications for membership
Article 103	Decision on questions as to disqualifications of members
Article 104	Penalty for sitting and voting before making oath or affirmation under article 99 or
	when not qualified or when disqualified
	Powers, Priviledges& Immunities of Parliament & its Members
Article 105	Powers, Privileges, etc., of the Houses of Parliament and of the members and
	committees thereof
Article 106	Salaries and allowances of members
	Legislative Procedure
Article 107	Provisions as to introduction and passing of Bills
Article 108	Joint sitting of both Houses in certain cases
Article 109	Special procedure in respect of Money Bills
Article 110	Definition of “Money Bills”
Article 111	Assent to Bills
	Procedure in Financial Matters
Article 112	Annual financial statement
Article 113	Procedure in Parliament with respect to estimates (1) So much of the estimates as
	relates to expenditure charged upon the Consolidated Fund of India shall not be
	submitted to the vote of Parliament, but nothing in this clause shall be construed as
	preventing the discussion in either House of Parliament of any of those estimates.
Article 114	Appropriation Bills

Article 115	Supplementary, additional or excess grants
Article 116	Votes on account, votes of credit and exceptional grants
Article 117	Special provisions as to financial Bills
Article 118	Rules of procedure
	Procedure Generally
Article 119	Regulation by law of procedure in Parliament in relation to financial business
Article 120	Language to be used in Parliament
Article 121	Restriction on discussion in Parliament
Article 122	Courts not inquire into proceedings of Parliament
Chapter III	Legislative Powers of the President
Article 123	Power of President to promulgate Ordinances during recess of Parliament
Chapter IV	The Union Judiciary
Article 124	Establishment and Constitution of Supreme Court
Article 125	Salaries, etc., of Judges
Article 126	Appointment of acting Chief Justice
Article 127	Appointment of ad hoc Judges
Article 128	Attendance of retired Judges at sittings of the Supreme Court
Article 129	Supreme Court to be a court of record
Article 130	Seat of Supreme Court
Article 131	Original jurisdiction of the Supreme Court
Article 131A	[Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to
	constitutional validity of Central laws
Article 132	Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases
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 134A	Certificate for appeal to the Supreme Court
Article 135	Jurisdiction and powers of the Federal Court under existing law to be exercisable by
	the Supreme Court
Article 136	Special leave to appeal by the Supreme Court
Article 137	Review of judgements or orders by the Supreme Court
Article 138	Enlargement of the jurisdiction of the Supreme Court
Article 139	Conferment on the Supreme Court of powers to issue certain writs
Article 139A	Transfer of certain cases
Article 140	Ancillary powers of Supreme Court
Article 141	Law declared by Supreme Court to be binding on all courts
Article 142	Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Article 143	Power of President to consult Supreme Court
Article 144	Civil and judicial authorities to act in aid of the Supreme Court
Article 144A	[Repealed]
Article 145	Rules of Court, etc.
Article 146A	Officers and servants and the expenses of the Supreme Court
Article 147	Interpretation
Chapter V	Comptroller and Auditor-General of India
Article 148	Comptroller and Auditor-General of India
Article 149	Duties and powers of the Comptroller and Auditor-General
Article 150	Form of accounts of the Union and of the States

Article 151	Audit reports
Part VI	The States
Chapter I	General
Article 152	Definition
Chapter II	The Executive – The Governor
Article 153	Governors of States
Article 154	Executive power of State
Article 155	Appointment of Governor
Article 156	Term of office of Governor
Article 157	Qualifications for appointment as Governor
Article 158	Conditions of Governor’s office
Article 159	Oath or affirmation by the Governor
Article 160	Discharge of the functions of the Governor in certain contingencies
Article 161	Power of Governor to grant pardons, etc., and to suspend, remit or commute
	sentences in certain cases
Article 162	Extent of executive power of State
	Council of Ministers
Article 163	Council of Ministers to aid and advise Governor
Article 164	Other provisions as to Ministers
	Advocate General of the State
Article 165	Advocate-General for the State
	Conduct of Government Business
Article 166	Conduct of business of the Government of a State
Article 167	Duties of Chief Minister as respects the furnishing of information to Governor, etc.
Chapter III	The State Legislature
Article 168	Constitution of Legislatures in States
Article 169	Abolition or creation of Legislative Councils in States
Article 170	Composition of the Legislative Assemblies
Article 171	Composition of the Legislative Council
Article 172	Duration of States Legislatures
Article 173	Qualification for membership of the State Legislature
Article 174	Sessions of the State Legislature, prorogation and dissolution
Article 175	Right of Governor to address and send messages to the House or Houses
Article 176	Special address by the Governor
Article 177	Rights of Ministers and Advocate
	Officers of the State Legislature
Article 178	The Speaker and Deputy Speaker of the Legislative Assembly
Article 179	Vacation and resignation of, and removal from, the offices of Speaker and Deputy
	Speaker
Article 180	Power of the Deputy Speaker or other person to perform the duties of the office of, or
	to act as, Speaker
Article 181	The Speaker or the Deputy Speaker not to preside while a resolution for his removal
	from office is under consideration
Article 182	The Chairman and Deputy Chairman of the Legislative Council
Article 183	Vacation and resignation, of and removal from, the offices of Chairman and Deputy
	Chairman
Article 184	Power of the Deputy Chairman or other person to perform the duties of the office of,

		or to act as, Chairman
Article 185		The Chairman or the Deputy Chairman not to preside while a resolution for his
		removal from office is under consideration
Article 186		Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
		Deputy Chairman
Article 187		Secretariat of State Legislature
Article 188		Oath or affirmation by members
		Conduct of Business
Article 189		Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Article 190		Vacation of seats
		Disqualification of Members
Article 191		Disqualification for membership
Article 192		Decision on question as to disqualifications of members
Article 193		Penalty for sitting and voting before making oath or affirmation under article 188 or
		when not qualified or when disqualified
	Power, Privileges & Immunities of State Legislatures & their Members
Article 194		Powers, privileges, etc., of the Houses of Legislatures and of the members and
		committees thereof
Article 195		Salaries and allowances of members
		Legislative Procedure
Article 196		Provisions as to introduction and passing of Bills
Article 197		Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 198		Special procedure in respect of Money Bills
Article 199		Definition of “Money Bills”
Article 200		Assent to Bills
Article 201		Bills reserved for consideration
		Procedure in Financial Matters
Article 202		Annual financial statement
Article 203		Procedure in Legislature with respect to estimates
Article 204		Appropriation Bills
Article 205		Supplementary, additional or excess grants
Article 206		Votes on account, votes of credit and exceptional grants
Article 207		Special provisions as to financial Bills
		Procedure Generally
Article 208		Rules of procedure
Article 209		Regulation by law of procedure in the Legislature of the State in relation to financial
		business
Article 210		Language to be used in the Legislature
Article 211		Restriction on discussion in the Legislature
Article 212		Courts not to inquire into proceedings of the Legislature
Chapter IV		Legislative Power of the Governor
Article 213		Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V		The High Courts in the States
Article 214		High Courts for States
Article 215		High Courts to be courts of record
Article 216		Constitution of High Courts
Article 217		Appointment and conditions of the office of a Judge of a High Court

Article 218	Application of certain provisions relating to Supreme Court to High Courts
Article 219	Oath or affirmation by Judges of High Courts
Article 220	Restriction on practice after being a permanent Judge
Article 221	Salaries, etc., of Judges
Article 222	Transfer of a Judge from one High Court to another
Article 223	Appointment of acting Chief Justice
Article 224	Appointment of additional and acting Judges
Article 224A	Appointment of retired Judges at sittings of High Courts
Article 225	Jurisdiction of existing High Courts
Article 226	Power of High Courts to issue certain writs
Article 226A	[Repealed] Constitutional validity of Central laws not to be considered in
	proceedings under article 226
Article 227	Power of superintendence over all courts by the High Court
Article 228	Transfer of certain cases to High Court
Article 228A	[Repealed] Special provisions as to disposal of questions relating to constitutional
	validity of State laws
Article 229	Officers and servants and the expenses of High Courts
Article 230	Extension of jurisdiction of High Courts to Union territories
Article 231	Establishment of a common High Court for two or more States
Chapter VI	Subordinate Courts
Article 233	Appointment of district judges
Article 233A	Validation of appointments of, and judgments, etc. delivered by, certain district
	judges
Article 234	Recruitment of persons other than district judges to the judicial service
Article 235	Control over subordinate courts
Article 236	Interpretation
Article 237	Application of the provisions of this Chapter to certain class or classes of magistrates
Part VII	[Repealed] The States in Part B of the First Schedule
Part VIII	The Union Territories
Article 239	Administration of Union territories
Article 239A	Creation of local Legislatures or Council of Ministers or both for certain Union
	territories
Article 239AA	Special provisions with respect to Delhi
Article 239AB	Provision in case of failure of constitutional monarchy
Article 239B	Power of administrator to promulgate Ordinances during recess of Legislature
Article 240	Power of President to make regulations for certain Union territories
Article 241	High Courts for Union territories
Article 242	[Repealed]
Part IX	The Panchayats
Article 243	Definitions
Article 243A	Gram Sabha
Article 243B	Constitution of Panchayats
Article 243C	Composition of Panchayats
Article 243D	Reservation of seats
Article 243E	Duration of Panchayats, etc.
Article 243F	Disqualifications for membership
Article 243G	Powers, authority and responsibilities of Panchayats

Article 243H	Powers to impose taxes by, and Funds of, the Panchayats
Article 243I	Constitution of Finance Commission to review financial position
Article 243J	Audit of accounts of Panchayats
Article 243K	Elections to the Panchayats
Article 243L	Application to Union territories
Article 243M	Part not to apply to certain areas
Article 243N	Continuance of existing laws and Panchayats
Article 243O	Bar to interference by courts in electoral matters
Part IXA	The Municipalities
Article 243P	Definitions
Article 243Q	Constitution of Municipalities
Article 243R	Composition of Municipalities
Article 243S	Constitution and composition of Wards Committees, etc.
Article 243T	Reservation of seats
Article 243U	Duration of Municipalities, etc.
Article 243V	Disqualifications for membership
Article 243W	Powers, authority and responsibilities of Municipalities etc.
Article 243X	Power to impose taxes by, and Funds of, the Municipalities
Article 243Y	Finance Commission
Article 243Z	Audit of accounts of Municipalities
Article 243ZA	Elections to the Municipalities
Article 243ZB	Application to Union territories
Article 243ZC	Part not to apply to certain areas
Article 243ZD	Committee for district planning
Article 243ZE	Committee for Metropolitan planning
Article 243ZF	Continuance of existing laws and Municipalities
Article 243ZG	Bar to interference by Courts in electoral matters
Part X	The Scheduled and Tribal Areas
Article 244	Administration of Scheduled Areas and Tribal Areas
Article 244A	Formation of an autonomous State comprising certain tribal areas in Assam and
	creation of local Legislature or Council of Ministers or both therefor
Part XI	Relations Between the Union and the States
Chapter I	Legislative Relations
Article 245	Extent of laws made by Parliament and by the Legislatures of States
Article 246	Subject-matter of laws made by Parliament and by the Legislatures of States
Article 247	Power of Parliament to provide for the establishment of certain additional courts
Article 248	Residuary powers of legislation
Article 249	Power of Parliament to legislate with respect to a matter in the State List in the
	National interest
Article 250	Power of Parliament to legislate with respect to any matter in the State List if a
	Proclamation of Emergency is in operation
Article 251	Inconsistency between laws made by Parliament under articles 249 and 250 and laws
	made by the legislatures of States
Article 252	Power of Parliament to legislate for two or more States by consent and adoption of
	such legislation by any other State
Article 253	Legislation for giving effect to international agreements
Article 254	Inconsistency between laws made by Parliament and laws made by the Legislatures

	of States
Article 255	Requirements as to recommendations and previous sanctions to be regarded as
	matters of procedure only
Chapter II	Administrative Relations
Article 256	Obligation of States and the Union
Article 257	Control of the Union over States in certain cases
Article 257A	Assistance to States by deployment of armed forces or other forces of the Union
Article 258	Power of the Union to confer powers, etc., on States in certain cases
Article 258A	Power of the States to entrust functions to the Union
Article 259	[Repealed] Armed Forces in States in Part B of the First Schedule
Article 260	Jurisdiction of the Union in relation to territories outside India
Article 261	Public acts, records and judicial proceedings
	Disputes relating to Waters
Article 262	Adjudication of disputes relating to waters of inter-State rivers or river valleys
	Co-ordination between States
Article 263	Provisions with respect to an inter-State Council
Part XII	Finance, Property, Contracts and Suits
Chapter I	Finance
Article 264	Interpretation
Article 265	Taxes not to be imposed save by authority of law
Article 266	Consolidated Funds and public accounts of India and of the States
Article 267	Contingency Fund
Article 268	Duties levied by the Union but collected and appropriated by the States
Article 269	Taxes levied and collected by the Union but assigned to the States
Article 270	Taxes levied and collected by the Union and distributed between the Union and the
	States
Article 271	Surcharge on certain duties and taxes for purposes of the Union
Article 272	[Omitted]
Article 273	Grants in lieu of export duty on jute and jute products
Article 274	Prior recommendation of President require to Bills affecting taxation in which States
	are interested
Article 275	Grants from the Union to certain States
Article 276	Taxes on professions, trades, callings and employments
Article 277	Savings
Article 278	[Repealed] Agreement with States in Part B of the First Schedule with regard to
	certain financial matters
Article 279	Calculation of “net proceeds”, etc.
Article 280	Finance Commission
Article 281	Recommendations of the Finance Commission
	Miscellaneous Financial Provisions
Article 282	Expenditure defrayable by the Union or a State out of its revenues
Article 283	Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the
	public accounts
Article 284	Custody of suitors’ deposits and other moneys received by public servants and courts
Article 285	Exemption of property of the Union from State taxation
Article 286	Restriction as to imposition of tax on the sale or purchase of goods
Article 287	Exemption from taxes on electricity

Article 288	Exemption from taxation by States in respect of water or electricity in certain cases
Article 289	Exemption of property and income of a State from Union taxation
Article 290	Adjustment in respect of certain expenses and pensions
Article 290A	Annual payment to certain Devaswom Funds
Article 291	[Repealed]
Chapter II	Borrowing
Article 292	Borrowing by the Government of India
Article 293	Borrowing by States
Chapter III	Property, Contacts, Rights, Liabilities, Obligations and Suits
Article 294	Succession to property, assets, rights, liabilities and obligations in certain cases
Article 295	Succession to property, assets, rights, liabilities and obligations in other cases
Article 296	Property accruing by escheat or lapse or as Bona vacantia
Article 297	Things of value within territorial waters or continental shelf and resources of the
	exclusive economic zone to vest in the Union
Article 298	Power to carry on trade, etc.
Article 299	Contracts
Article 300	Suits and proceedings
Chapter IV	Right to Property
Article 300A	Persons not to be deprived of property save by authority of law
Part XIII	Trade, Commerce and Intercourse Within the Territory of India
Article 301	Freedom of trade, commerce and intercourse
Article 302	Power of Parliament to impose restrictions on trade, commerce and intercourse
Article 303	Restrictions on the legislative powers of the Union and of the States with regard to
	trade and commerce
Article 304	Restriction on trade, commerce and intercourse among States
Article 305	Saving of existing laws and laws providing for State monopolies
Article 306	[Repealed]
Article 307	Appointment of authority for carrying out the purposes of articles 301 to 304
Part XIV	Services Under the Union and the States
Chapter I	Services
Article 308	Interpretation
Article 309	Recruitment and conditions of service of persons serving the Union or a State
Article 310	Tenure of office of persons serving the Union or a State
Article 311	Dismissal, removal or reduction in rank of persons employed in civil capacities under
	the Union or a State
Article 312	All-India services
Article 312A	Power of Parliament to vary or revoke conditions of service of officers of certain
	services
Article 313	Transitional provisions
Article 314	[Repealed]
Chapter II	Public Service Commissions
Article 315	Public Service Commissions for the Union and for the States
Article 316	Appointment and term of office of members
Article 317	Removal and suspension of a member of a Public Service Commission
Article 318	Power to make regulations as to conditions of service of members and staff of the
	Commission
Article 319	Prohibition as to the holding of offices by members of Commission on ceasing to be

	such members
Article 320	Functions of Public Service Commissions
Article 321	Power to extend functions of Public Service Commissions
Article 322	Expenses of Public Service Commissions
Article 323	Reports of Public Service Commissions
Part XIVA	Tribunals
Article 323A	Administrative tribunals
Article 323B	Tribunals for other matters
Part XV	Elections
Article 324	Superintendence, direction and control of elections to be vested in an election
	commission
Article 325	No person to be ineligible for inclusion in, or to claim to be included in a special,
	electoral roll on grounds of religion, race, caste or sex
Article 326	Elections to the House of the People and to the Legislative Assemblies of States to be
	on the basis of adult suffrage
Article 327	Power of Parliament to make provision with respect to elections to Legislatures
Article 328	Power of Legislature of a State to make provision with respect to elections to such
	Legislature
Article 329	Bar to interference by courts in electoral matters
Article 329A	[Repealed
Part XVI	Special Provisions Relating to Certain Classes
Article 330	Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
	People
Article 331	Representation of the Anglo-Indian community in the House of the People
Article 332	Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
	Assemblies of the States
Article 333	Representation of the Anglo-Indian community in the Legislative Assemblies of the
	States
Article 334	Reservation of seats and special representation to cease after fifty years
Article 335	Claims of Scheduled Castes and Scheduled Tribes to services and posts
Article 336	Special provision for Anglo-Indian community in certain services
Article 337	Special provision with respect to educational grants for the benefit of Anglo-Indian
	community
Article 338	National Commission for Scheduled Castes,
Article 338A	National Commission for Scheduled Tribes
Article 339	Control of the Union over the administration of Scheduled Areas and the welfare of
	Scheduled Tribes
Article 340	Appointment of a Commission to investigate the conditions of backward classes
Article 341	Scheduled Castes
Article 342	Scheduled Tribes
Part XVII	Official Language
Chapter I	Language of the Union
Article 343	Official language of the Union
Article 344	Commission and Committee of Parliament on official language
Chapter II	Regional Languages
Article 345	Official language or languages of a State
Article 346	Official language for communication between one State and another or between a

	State and the Union
Article 347	Special provision relating to language spoken by a section of the population of a
	State
Chapter III	Language of the Supreme Court, High Courts, etc.
Article 348	Language to be used in the Supreme Court and in the High Courts and for Acts,
	Bills, etc.
Article 349	Special procedure for enactment of certain laws relating to language
Chapter IV	Special Directives
Article 350	Language to be used in representations for redress of grievances
Article 350A	Facilities for instruction in mother-tongue at primary stage
Article 350B	Special Officer for linguistic minorities
Article 351	Directive for development of the Hindi language
Part XVIII	Emergency Provisions
Article 352	Proclamation of National Emergency
Article 353	Effect of Proclamation of Emergency
Article 354	Application of provisions relating to distribution of revenues while a Proclamation of
	Emergency is in operation
Article 355	Duty of the Union to protect States against external aggression and internal
	disturbance
Article 356	Provisions in case of failure of constitutional machinery in States
Article 357	Exercise of legislative powers under Proclamation issued under article 356
Article 358	Suspension of provisions of article 19 during emergencies
Article 359	Suspension of the enforcement of the rights conferred by Part III during emergencies
Article 359A	[Repealed] Application of this Part to the State of Punjab
Article 360	Provisions as to financial emergency
Part XIX	Micsellaneous
Article 361	Protection of President and Governors and Rajpramukhs
Article 361A	Protection of publication of proceedings of Parliament and State Legislatures
Article 362	[Repealed] Rights and privileges of Rulers of Indian States
Article 363	Bar to interference by courts in disputes arising out of certain treaties, agreements,
	etc.
Article 363A	Recognition granted to Rulers of Indian States to cease and Privy purses to be
	abolished
Article 364	Special provisions as to major ports and aerodromes
Article 365	Effect of failure to comply with, or to give effect to, directions given by the Union
Article 366	Definitions
Article 367	Interpretation
Part XX	Amendment of the Constitution
Article 368	Power of Parliament to amend the Constitution and procedure therefor
Part XXI	Temporary, Transitional and Special Provisions
Article 369	Temporary power to Parliament to make laws with respect to certain matters in the
	State List as if they were matters in the Concurrent List
Article 370	Temporary provisions with respect to the State of Jammu and Kashmir
Article 371	Special provision with respect to the States of Maharashtra and Gujarat
Article 371A	Special provision with respect to the State of Nagaland
Article 371B	Special provision with respect to the State of Assam
Article 371C	Special provision with respect to the State of Manipur

Article 371D	Special provisions with respect to the State of Andhra Pradesh
Article 371E	Establishment of Central University in Andhra Pradesh
Article 371F	Special provisions with respect to the State of Sikkim
Article 371G	Special provision with respect to the State of Mizoram
Article 371H	Special provision with respect to the State of Arunachal Pradesh
Article 371I	Special provision with respect to the State of Goa
Article 372	Continuance in force of existing laws and their adaptation
Article 372A	Power of the President to adapt laws
Article 373	Power of President to make order in respect of persons under preventive detention in
	certain cases
Article 374	Provisions as to Judges of the Federal Court and proceedings pending in the Federal
	Court or before His Majesty in Council
Article 375	Courts, authorities and officers to continue to function subject to the provisions of the
	Constitution
Article 376	Provisions as to Judges of High Courts
Article 377	Provisions as to Comptroller and Auditor-General of India
Article 378	Provisions as to Public Commissions
Article 378A	Special provisions as to duration of Andhra Pradesh Legislative Assembly
Article 379	[Article 379-391 Repealed]
Article 392	Power of the President to remove difficulties
Part XXII	Short Title, Commencement, Authoritative Text in Hindu and Repeals
Article 393	Short title
Article 394	Commencement
Article 394A	Authoritative text in the Hindi language
Article 395	Repeals

Citizenship

Part II of the Indian Constitution consists of the following articles:

Article 5. Citizenship at the commencement of the Constitution.
Article 6. Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7. Rights of citizenship of certain migrants to Pakistan.
Article 8. Rights of citizenship of certain persons of Indian origin residing outside India.
Article 9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
Article 10. Continuance of the rights of citizenship.
Article 11. Parliament to regulate the right of citizenship by law.

Citizen is a native or naturalized member of a state or other political community. The citizenship is a state of being a citizen of a particular social, political, or national community. The major issues in Constituent assembly on citizenship For the constitution assembly, to arrive at a final draft for Citizenship was one of the most arduous tasks while framing the constitution.

The problem was partition of India on one hand and India being recreated by uniting the princely states on the other. India’s partition into India and Pakistan caused millions of people cross the border. Partition on the basis of religion forced The Hindus and Sikhs who were born in Pakistan side came to India and Muslims who were born in India migrated to Pakistan. Apart from that, there were people who had left their homeland India and started living abroad and now wanted to come back as the country was a free nation.

Constitution as Part II. The problem of citizenship was basically as follows: The people who were born and living in Pakistan and migrated to India were to be provided Indian Citizenship. The people who were born and living in India and migrated to Pakistan were to be excluded and debarred from Indian Citizenship. People who migrated to Pakistan in 1947 but returned back to live in India permanently had to be provided Citizenship. The people who were born in India, but living abroad but came back, had to be provided citizenship.

Article 5 : Citizenship at the commencement of the Constitution. At the commencement of this Constitution, every person who has his domicile in the territory of India and- who was born in the territory of India; or either of whose parents was born in the territory of India; or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. Article5 refers to the Citizenship on January 26, 1950. This article provided that the ordinary resident in the territory of India since or before January 26, 1945 were deemed to be Indian Citizens

Article 6.Rights of citizenship of certain persons who have migrated to India from Pakistan. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if- he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him there for to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. Article 6 deals with those persons who migrated to India from Pakistan. India as defined in the Government of India Act, 1935 means undivided India.

These persons were divided into two categories.

Category 1: Those who came before July 19, 1948

Category 2: Those who came after July 19, 1948

Those who came from Pakistan to India before July 19, 1948 would automatically become Indian Citizens. Those who came after July 19, 1948 would become Indian Citizens provided they had been registered in the form and manner as prescribed by the Government of India.

Article 7: Rights of citizenship of certain migrants to Pakistan. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. Article 7 deals with those persons who had migrated to Pakistan but returned to India from Pakistan with intention to live here permanently. Please note that this article deals with the “permit system”. The permit system was introduced in July 19, 1948. This system provided that a person who is desiring to return back to India with an intention to permanently reside was required to get a separate permit

Article 8: Rights of citizenship of certain persons of Indian origin residing outside India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. Article 8 deals with those persons who were living abroad. The article provides that any person who was born or his parents /grandparents were born in undivided India but living abroad and wants to return to India would need to be registered at the as Citizen of India by the diplomatic or consular representative of India in that country.

Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State. Under article 9 of the constitution, any person who has voluntarily acquired the citizenship of a foreign country, even if qualified for Indian Citizenship under any of the provisions of the constitution will not be a Citizen of India.

Article 10: Continuance of the rights of citizenship. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 11: Parliament to regulate the right of citizenship by law. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. The nature of provisions from Article 5 to 9 show that the objective of the constituent assembly was not to make a permanent law for citizenship. Ours is a Republic Country and various offices are to be occupied by the persons who are elected by the citizens. So, keeping this in view, it was necessary for the Constituent Assembly to make some provisions which could precisely determine that who is a Citizen of Independent Indian Dominion and who is not, at the time of the commencement of the constitution. Further, the constituent also gave plenary power to the parliament of India to deal with the question of nationality. Article 10 and more precisely Article 11 give the power to the parliament to make law in this connection as and when it suits to the demands of the circumstances. The power in parliament vested by Article 11 embraced not only acquisition but also the termination or any other matter related to Citizenship. Using the power vested in parliament by Article 11 of the Constitution of India, a comprehensive law “The Citizenship Act, 1955” was passed by the parliament. This act has been amended from time to time to make space for provisions as and when required.

OCI

An Overseas Citizen of India is a lifetime visa status. It is the closest thing to dual citizenship that India offers.

Who can be an OCI?

(This list was expanded as of 9 January 2015)

A person who used to be an Indian citizen
A person with at least one parent, grandparent,or great-grandparent who is/was an Indian citizen
A person married to an Indian citizen or an existing OCI for at least two continuous years

The following groups of people cannot have OCI status:

Anyone who was ever a citizen of Pakistan or Bangladesh
Anyone whose parents or grandparents were citizens of Afghanistan, Pakistan, Bangladesh, China, or Sri Lanka
Anyone who served in a foreign military or worked in a foreign defense department

What are the benefits of being an OCI?

Lifelong multiple entry visa to India
You never have to report to the FRRO regardless of the length of your stay
You can eventually become a citizen of India if you remain an OCI for 5 years and live in India for at least 1 year(short breaks are now allowed)
You can use special counters during immigration
You don’t need a student visa to study in India
You don’t need an employment visa to get a job
You can open a special bank account in India, just like an NRI
You can make investments in India
You can buy non-farm property and exercise property ownership rights
Your can use your OCI card to apply for a driver’s license, open a bank account, or get a PAN card
You get the same economic, financial, and education benefits as NRIs (e.g. reserved admission quotas), and you can adopt children like an NRI
You pay the Indian resident fee when visiting a national parks, monuments, museums or wildlife sanctuary (of course it is ultimately up to the discretion of the man issuing tickets)

What are the drawbacks?

You may not purchase agricultural land or farm houses
You may not vote
You may not hold a government job
You may not be elected to a political position
You may not travel to restricted areas without permission

How do you become an OCI?

You can apply through the Indian embassy in your country of residence or within India at the local FRRO.

Here is a sample of documentation you will need (see your local consulate for a specific list):

Proof of present citizenship
Proof of former Indian citizenship (for you or your relative)
Proof of renunciation of Indian citizenship (if applicable)
Proof of relationship to an Indian citizen

The entire process can take several months in some cases. Fees vary from nationality to nationality. If you apply in India, the fee is Rs. 15,000 for an adult or Rs. 8,000 for a minor. You can convert a PIO card to an OCI card if you qualify, and the fees are very nominal.

PIO (Person of Indian Origin) used to be a 15 year visa for non-Indian citizens, but it has since been removed.

Fundamental Rights

The Constitution of India guarantees certain Fundamental Rights to the Citizens of India.

The Indian constitution contains a chapter on fundamental rights. Part III (Art. 12-35) contains fundamental rights of Indian citizens. The fundamental rights are called fundamental because they are basic to the development of human personality.

The Indian fundamental rights, contrasted with such rights contained in the U. S. bill of rights, present several peculiarities. First, the fundamental rights in India are far more elaborate than in the U. S. A. Thus, for example, the U. S. bill of rights (first ten amendments) only names some rights. The Supreme Court, through the process of judicial review decides the limitations on these rights. In India, determination of limitations on fundamental rights is not left to judicial interpretation. The constitution itself contains (clauses 2-6 in Art. 19) such limitations. The limitations contemplated by the constitution are-

public order,
security of the state and
sovereignty and integrity of India.

In the face of these limitations, the fundamental rights guaranteed by the constitution cannot be said to be absolute.

However, whenever the state restricts fundamental rights by legislation, the courts have the right to examine whether the limitations imposed are “reasonable or not.” The courts are free to strike down any law imposing unreasonable restriction on the enjoyment of fundamental rights. The courts in India enjoy a limited degree of judicial review with respect to fundamental rights.

Yet, in view of these limitations, some critics argue that the Indian constitution gives fundamental rights with one hand and takes them away with the other. It should also be pointed out that provision of preventive detention under Art. 22 is a gross violation of the individual liberty under Art. 21. The power of the state to detain persons without trial is not to be found in any other democratic country like the U. S. A. Further, in case of proclamation of emergency under Art. 352, fundamental rights guaranteed under Art. 19 remain suspended by virtue of Arts 358 and 359.

Again, the Indian constitution is based on the theory of Parliamentary sovereignty and not constitutional sovereignty, as is the case in the U. S. A. Consequently, the Parliament may easily tamper with Indian fundamental rights. The capacity of the judiciary to afford protection to the fundamental rights is very limited. The Supreme Court verdict that the fundamental rights are not amendable was subsequently reversed. In the KeshavanandBharati case, Supreme Court held that the Parliament may amend the entire constitution. It cannot only alter any basic feature of the constitution.

The processes of amendment given in Art 368 are far easier than the one given in Art 5 of the U.S. constitution. Consequently, the Union Parliament with a qualified majority may now easily amend any fundamental right contained in Part III of the constitution.

Kinds of fundamental rights

The Indian constitution originally provided 7 categories of fundamental rights. But one fundamental right, that to property was removed from the list of fundamental rights by 44th amendment. Right to property now is an ordinary legal right. Thus there are now 6 categories of fundamental rights. These are:

(1) Right to equality (Arts. 14-18).

In this category there are five rights

Equality Before Law:-Equality before law is well defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. In other words, this means that no person or groups of people can demand for any special privileges. This right not only applies to the citizens of India but also to all the people within the territory of India. Equality means that equals should be treated equally.
Abolition Of Discrimination On Grounds Of Caste, Race, Sex Or Religion:-The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.
Equality in public employment, Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area. Apart from this, the State may also set aside some posts for members of backward classes, scheduled castes or scheduled tribes which are not properly represented in the services under the State to uplift the weaker sections of the society. Also, a law may be passed which may entail that the holder of an office of any religious institution shall also be a person professing that specific religion. Though, this right shall not be granted to the overseas citizens of India as directed by the Citizenship (Amendment) Bill, 2003.
Abolition of untouchability, Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank.
Abolition of titles. Article 18 of the Constitution of India prohibits the State from granting any titles. Citizens of India are not allowed to accept titles from a foreign State. Titles like RaiBahadurs and Khan Bahadurs given by the British government have also been abolished. Nevertheless, academic and military distinctions can be conferred upon the citizens of India. The awards of ‘Bharat Ratna’ and ‘Padma Vibhushan’ cannot be used by the beneficiary as a title and is not prohibited by the Constitution of India. From 15 December 1995, the Supreme Court has sustained the validity of such awards

(2) Rights to freedom.

(Arts. 19-22) these now include six freedoms-

Freedoms of speech and expression,
Freedom of assembly without arms of association,
Freedom of movement,
Freedom of residence and
Freedom of profession oroccupation.

Each one of these six freedoms is subject to some restrictions. For rights can never be absolute. Individual rights must be reconciled with the interests of the community. It is logical that equal rights for all must mean limited rights for any. Hence, the state may impose ‘reasonable restrictions’ upon the exercise of any of these rights.

Restrictions

Firstly, the state may impose restrictions on the exercise of the right to freedom of speech and expression on eight grounds. These are:

defamation,
contempt of court,
decency or morality,
security of the state,
friendly relations with other states,
incitement of offence and,
sovereignty and
integrity of India.

Secondly, the freedom to assemble is subject to two restrictions. The assembly must be peaceable and the members of assembly must not bear arms. However the Sikhs are allowed to carry ‘Kirpan’ as part of their religious creed. In the U.S.A. right to bear arms is fundamental right. In India, this right is denied in the interest of public order.

Thirdly, the right to form associations or unions does not entitle persons to enter into criminal conspiracy either against individuals, groups or against the state.

Fourthly, the right to move freely or to reside and settle in any part of India, does not cover trespass into homes or restricted areas. State also may restrict this freedom to protect the aboriginal tribes.

Finally, the right to practice any profession or to carry on any occupation, trade or business are also subject to reasonable restrictions. Thus professions or, trade or, business must not be harmful to the interest of the community. The state may also prescribe qualifications for particular profession or, technical occupation. The state may itself carry on trade or business to the exclusion of citizens.

Power of Courts to enforce freedom of citizens of India

Every Indian citizen has the power to move the High Court or the Supreme Court for protecting and securing his personal freedom. The Courts are empowered to issue writs in the nature of habeas corpus. The courts can order the presence of detained or imprisoned person and set him free in case there is no legal justification for his detainment or imprisonment.

Rights to Freedom during National Emergency

The rights to freedom under Article 19 of Indian constitution are suspended during the period of National Emergency declared by the President of India.

Further, during the period when the National emergency is in operation, the President is empowered to suspend the right of citizens to move the Supreme Court for the enforcement of their personal freedom.

Conclusion

Each one of the fundamental freedoms guaranteed by the constitution of India is hedged by many restrictions. They are not absolute. This led to the criticism that Indian freedom is a myth and not reality for what has been given with one hand has been taken away with the other.

This criticism is unfair. For fundamental rights can nowhere be absolute. For logically, one can be absolutely free only when all others are absolute, slaves Individual freedom to be real must be social and hence must be limited.

There is a difference in the scheme of limitations on fundamental rights in the U.S. constitution and in the constitution of India. In the U.S.A. the restrictions are not mentioned in the constitution itself. This is left to judicial interpretations. In India on the other hand, the restrictions are mentioned in the constitution itself. It is not left to the vagaries of judicial interpretation.

On the whole fundamental rights everywhere are restricted or, limited. As Mr. Justice Mukherji observed in A. K. Gopalan vs. State of Madras case” There cannot be any such thing as absolute or uncontrolled liberty wholly freed from restraints.”

These freedoms are however not without limitations.

(3) Rights against exploitation (Arts. 24 and 25)

Include prohibition of traffic in human beings and prohibition of child labour.

(4) Rights to freedom of religion (Arts. 25-28)

Include freedom of conscience and freedom of religion. Citizens are free to profess and practice any religion. These provisions make India a secular state.

(5) Cultural and Educational rights (Arts. 29-30)

Include right to protection of language, script and culture given to the minorities. The minorities are also given the right to establish and administer educational institutions of their own.

(6) Right to constitutional remedies (Arts. 32-35)

Provides for enforcement of fundamental rights through the judicial process.Dr BR Ambedkar expressed it to be the heart and soal of Indian constitution.

Thus the constitution contains an elaborate scheme of fundamental rights. But the fundamental rights in India are not absolute. They are hedged by many limitations. Indeed, fundamental rights cannot be absolute anywhere in the world. Countries differ only in their degree of limitations on fundamental rights.

Preamble

The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. K.M. Munshi describes the Preamble as the political horoscope of the constitution. Thakur DassBhargawa says Preamble is the most precious part and the soul of the constitution.

The Preamble reads:

We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens;

Justice, social, economic, political;

Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all;

Fraternity, assuring the dignity of the individual and the unity and integrity of the nation ;

In our Constituent Assembly this, twenty sixth day of November 1949 do hereby Adopt, Enact and Give to ourselves this Constitution.

The words ‘Socialist ‘Secular” and ‘Integrity were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.

Preamble: Features:

I. The Source of Authority:

Popular Sovereignty:

The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the words: ‘We the people of India’. These words testify to the fact that the people of India are’ the ultimate source of all authority. The Government derives its power from them.

II. Nature of State:

The Preamble describes five cardinal features of the Indian state:

(1) India is a Sovereign State:

The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.

(2) India is a Socialist State:

In 1976, the Preamble was amended to include the word ‘Socialism’. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for all its people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. This has to be secured by peaceful, constitutional and democratic means. The term ‘India is a Socialist state’ really means, ‘India is a democratic socialist state.’

(3) India is a Secular State:

By the 42nd Amendment, the term ‘Secular’ was incorporated in the Preamble. Its inclusion simply made the secular nature of the Indian Constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. India guarantees equal freedom to all religions. All religions enjoy equality of status and respect.

(4) India is a Democratic State:

The Preamble declares India to be a Democratic State. The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. The people freely participate in the democratic process of self rule.

They elect their government. For all its acts, the government is responsible before the people. The people can change their government through elections. The government enjoys limited powers. It always acts under the Constitution which represents the supreme will of the people.

(5) India is a Republic:

The Preamble declares India to be a Republic. Negatively, this means that India is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the elected sovereign head of the state. He holds a tenure of 5 years. Any Indian citizen can get elected as the President of India.

III. Four Objectives of the Indian State:

The Preamble lists four cardinal objectives which are to be “secured by the state for all its citizens”.

These are:

(1) Justice:

India seeks to secure social, economic and political justice for its people.

(i) Social Justice:

Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.

(ii) Economic Justice:

Economic Justice means no discrimination between man and man on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their livelihoods.

(iii) Political Justice:

Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.

(2) Liberty:

The Preamble declares liberty to be the second cardinal objective to be secured. It includes liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part III) including the right to freedom is designed to secure this objective. Liberty of faith and worship is designed to strengthen the spirit of secularism.

(3) Equality:

The Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:

(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.

(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality.

(4) Fraternity:

Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure dignity of the individual and unity and integrity of the nation.

IV. Date of Adoption and Enactment:

In its final paragraph, the Preamble specifies the important historical fact that the Constitution was adopted on 26 November, 1949. It was on this day that the Constitution received the signatures of the President of the Constituent Assembly and was declared passed.

V. Self-made Constitution:

The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and enacted by the Constituent Assembly acting as the elected representative body of the people of India. The Preamble states the philosophical foundations of the Constitution India and enumerates its objectives.

It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic Structure of the Constitution. Through, it’s Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.

Part IV-A was added by the 42nd Amendment Act, 1976. It encompasses Part IV, Article 51A enumerating Ten Fundamental Duties of the Citizens of India.

There is no provision in the Constitution for direct enforcement of any of these Duties nor for any sanction to prevent their violation.But it may be expected that in determining the Constitutionality of any law, if a Court finds that it seeks to give effect to any of these duties, it may consider such law to ‘be reasonable’ in relation to Article 14 or 19, and thus save such law from unconstitutionality.

Directive Principles Of State Policy

An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution’s preamble.

Article 37 of the Constitution declares that the DPSP “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between fundamental rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself.

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