Arunachal Pradesh PCS Free Notes
APSC Prelims and Mains Notes, APSC Test Series
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The continental drift theory is the theory that once all the continents were joined in a super-continent, which scientists call Pangaea. Over a vast period of time, the continents drifted apart to their current locations. Alfred Wegener first supported continental drift.
Wegener’s explanation of continental drift in 1912 was that drifting occurred because of the earth’s rotation. Fossil records from separate continents, particularly on the outskirts of continents show the same species.
Institutional Factors of Agriculture
(1) Land Tenure and Land Tenancy
(ii) Land Holding
LAND REFORMS IN INDIA
The basic objective of land reform is to do social justice with the tillers, land owners, landless labourers, and rural community with the set objective to provide security to the cultivators, to fix a rational rent, the conferment of title to the tiller and to increase the agricultural productivity.The entire concept of land reforms aims at the abolition of intermediaries and bringing the actual cultivator in direct contact with the state.
The scheme of land reforms includes:
Abolition of Intermediaries
Mahalwari System
Ryotwari System
Tenancy Reforms
Rent Control
Ceiling of Landholdings
Consolidation of Holdings
Computerized Land Records
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.
The Directive Principles may be classified into 3 broad categories—
(1) Socialistic Directives
Principal among this category of directives are (a) securing welfare of the people (Art. 38) (b) securing proper distribution of material resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. etc. (Art.39), (c) curing right to work, education etc. Art. (41), (d) securing just and humane conditions of work and maternity relief (Art. 42) etc.
(2) Gandhian Directives
Such directives are spread over several Arts. Principal among such directives are (a) to organize village panchayats (Art. 40), (b) to secure living wage, decent standard of life, and to promote cottage industries (Art.43), (c) to provide free and compulsory education to all children up to 14 years of age (Art. 45), (d) to promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes, (e) to enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal husbandry on scientific lines (Arts. 46-48).
(3) Liberal intellectual directives
Principal among such directives are (a) to secure uniform civil code throughout the country (Art.44), (b) to separate the judiciary from the executive (Art.50), (c) to protect monuments of historic and national importance and (d) to promote international peace and security.
Important drainage patterns:
A river drains the water collected from a specific area, which is called its catchment area.
Nearly 77 pc of drainage is towards the Bay of Bengal while about 23 pc is towards the Arabian Sea.
Mainly includes the Ganga, Indus and Brahmaputra river basins.
Over the plains, rivers of this system change the course often. River Kosi is also known as the ‘sorrow of Bihar’ due to flooding by its frequent change of course by deposition of sediments.
Evolution
Geologists believe that a mighty river called Shivalik or Indo-Brahma traversed the entire length of the Himalayas some 5-24 million years ago. Over time this got dismembered into the present three major river systems.
The Indus System
Indus river originates from a glacier near Bokhar Chu in Tibet in the Kailash Mountain range. Known as Singi Khamban (Lion’s mouth) in Tibet. It forms a spectacular gorge near Gilgit in J&K. Enters Pakistan near Chillar in the Dardistan region. Flows only through the Leh distt of J&K.
Smaller tributaries: Shyok, Gilgit, Zaskar, Nubra, Hunza, Shigar, Gasting, Dras. On right bank: Kabul river, Khurram, Tochi, Gomal, Viboa and hte Sangar.
Major tributaries: Satluj, Beas, Ravi, Chenab, Jhelum
| Jhelum | Origin: Verinag at foot of Pir Pinjal.
Flows through Srinagar and the Wular lake. Joins Chenab near Jhang in Pakistan |
| Chenab | Origin: Two streams (Chandra and Bhaga) which join at Tandi near Keylong in HP.
Largest tributary of Indus. Aka Chandrabhaga. Flows for 1180 KM before entering Pakistan |
| Ravi | Origin: Kullu hills of HP near Rohtang Pass. Enters Pakistan and joins Chenab near Sarai Sidhu |
| Beas | Origin: Beas Kund near Rohtang pass.
Forms gorges at Kati and Largi in the Dhaoladhar range. Meets Satluj near Harike. |
| Satluj | Origin: Rakas lake near Mansarowar in Tibet. Known as Langchen Khambab in Tibet.
Enters India at Ropar. Antecedent river. Bhakra Nangal Project is on this river. |
The Ganga System
It is the largest river system in India.
Ganga rises in the Gangotri glacier near Gaumukh in the Uttarkashi district. Here it is known as the Bhagirathi. At Devprayag, Bhagirathi meets Alaknanda and is known as Ganga hereafter.
Panchprayag
| Vishnu Ganga | Joshimath
Dhauli and Vishnu Ganga meet to form Alaknanda |
| Alaknanda | Origin: Satopanth glacier above Badrinath. Consists of Dhauli and Vishnu Ganga. |
| Yamuna | Origin: Yamnotri glacier on Banderpunch range. Joins Ganga at Prayag (Allahabad).
RBT: Chambal, Sind, Betwa, Ken LBT: Hindan, Rind, Sengar, Varuna. Agra canal |
| Chambal | Origin: Mhow in Malwa plateau.
Gandhi Sagar dam, Rana Pratap Sagar dam and Jawahar Sagar dam. Famour for Chambal ravines. |
| Gandak | Origin: In Nepal between Dhaulgiri and Mt. Everest. Enters Ganga plain in Champaran and joins Ganga at Sonpur near Patna.
Two streams: Kaliganfak and Trishulganga.
|
| Ghaghra | Origin: Glaciers of Mapchachungo
Tributaries: Tila, Seti and Beri Deep gorge at Shishpani Sarda (Kali) joint it and meet Ganga at Chhapra. |
| Kosi | Origin: North of Mt. Everest in Tibet.
Tributaties: Son Kosi, Tamur Kosi, Arun Changes course often. Sorrow of Bihar. |
The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.
To understand the topic first we must understand the concept of federalism….
Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.
A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.
“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.
Characteristic Features of Federalism are:-
(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.
(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;
(iii) The authority of the courts as interpreters of the Constitution;
(iv) Double citizenship is another characteristic of some of the Federation.
A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.
Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state
Administrative relations between the Centre & the States:
The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List. The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.
Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose. It is further stipulated under Article 246 of the Constitution that if the state government fails to endorse the laws passed by the Parliament within its jurisdiction, the union government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.
Legislative relations between the Centre & the States:
42nd Amendment Act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – education, forests, weights and measures, protection of wild animals and birds and administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.
Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.
Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.
The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities. The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.
The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States. 
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats and Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of sound finance.
Indus Valley Civilization
Indus Valley Civilization was the first major civilization in south Asia, which spread across a vast area of land in present day India and Pakistan (around 12 lakh sq.km). The time period of mature Indus Valley Civilization is estimated between BC. 2700- BC.1900 i.e. for 800 years. But early Indus Valley Civilization had existed even before BC.2700.
Banawali
Dholavira
The most numerous of the surviving artifacts are a series of steatite (soapstone) seals, of which the best known are those of the Humped Brahmani Bull and Pashupati. Apart from this, there are some carved figurines – the bronze Dancing Girl and the statues of a priest and a male torso, again in steatite.
Though there are various theories, the exact reason is still unknown. As per a recent study by IIT Kharagpur and Archaeological Survey of India, a weaker monsoon might have been the cause of decline of Indus Valley Civilization. Environmental changes, coupled with loss of power of rulers (central administration) of Indus valley to sustain the city life might be the cause (Fariservis Theory). There might be resource shortage to sustain the population, and then people moved towards south India. Another theory by Dr Gwen Robbins Schug states that inter-personal violence, infectious diseases and climate change had played a major role in the demise of the Indus Valley Civilization.
? founded in 1784, by Sir William Jones, a British lawyer and Orientalist, to encourage Oriental studies.
? it was the vehicle for his ideas about the importance of Hindu culture and learning and about the vital role of Sanskrit in the Aryan languages.
? Headquarters are in Kolkata.
? The society owns an art collection that includes paintings by Peter Paul Rubens and Joshua Reynolds.
? The society’s library contains some 100,000 general volumes, and its Sanskrit section has more than 27,000 books, manuscripts, prints, coins, and engravings. The Journal of the Asiatic Society of Bengal is published regularly.
Amendments
Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.
| Amendments of constitution | |||
| Amendment | Enforced on | Objectives | |
| 1. | 1951 | To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law. | |
| 2. | 1953 | A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters. | |
| 3. | 1955 | LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people. | |
| 4. | 1955 | Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution. | |
| 5. | 1955 | Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state. | |
| 6. | 1956 | Amend the Union and State Lists with respect to raising of taxes. | |
| 7. | 1956 | Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories. | |
| 8. | 1960 | Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution. | |
| 9. | 1960 | Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc. | |
| 10. | 1961 | Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal. | |
| 11. | 1961 | Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college. |
|
| 12. | 1961 | Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal. | |
| 13. | 1963 | Formation of State of Nagaland, with special protection under Article 371A. | |
| 14. | 1962 | Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa. | |
| 15. | 1963 | Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc., | |
| 16. | 1963 | Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates. | |
| 17. | 1964 | To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution | |
| 18. | 1966 | Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories. | |
| 19. | 1966 | Abolish Election Tribunals and enable trial of election petitions by regular High Courts. | |
| 20. | 1966 | Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh. | |
| 21. | 1967 | Include Sindhi as an Official Language. | |
| 22. | 1969 |
Provision to form Autonomous states within the State of Assam. |
|
| 23. | 1970 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980. | |
| 24. | 1971 | Enable parliament to dilute fundamental rights through amendments to the constitution. | |
| 25. | 1972 | Restrict property rights and compensation in case the state takes over private property. | |
| 26. | 1971 | Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic. | |
| 27. | 1972 | Reorganization of Mizoram into a Union Territory with a legislature and council of ministers. | |
| 28. | 1972 | Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence. | |
| 29. | 1972 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | |
| 30. | 1973 | Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law. | |
| 31. | 1973 | Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise. | |
| 32. | 1974 | Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh. | |
| 33. | 1974 | Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker. | |
| 34. | 1974 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | |
| 35. | 1975 | Terms and Conditions for the Incorporation of Sikkim into the Union of India. | |
| 36. | 1975 | Formation of Sikkim as a State within the Indian Union. | |
| 37. | 1975 | Formation of Arunachal Pradesh legislative assembly. | |
| 38. | 1975 | Enhances the powers of President and Governors to pass ordinances | |
| 39. | 1975 | Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister. | |
| 40. | 1976 | Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India
Place land reform & other acts and amendments to these act under Schedule 9 of the constitution. |
|
| 41. | 1976 | Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62. | |
| 42. | 1977 | Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic. | |
| 43. | 1978 | Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42. | |
| 44. | 1979 | Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42. | |
| 45. | 1980 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990. | |
| 46. | 1983 | Amendment to negate judicial pronouncements on scope and applicability on Sales Tax. | |
| 47. | 1984 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | |
| 48. | 1985 | Article 356 amended to permit President’s rule up to two years in the state of Punjab. | |
| 49. | 1984 | Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council. | |
| 50. | 1984 | Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure. | |
| 51. | 1986 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies. | |
| 52. | 1985 | Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other. | |
| 53. | 1987 | Special provision with respect to the State of Mizoram. | |
| 54. | 1986 | Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment. | |
| 55. | 1987 | Special powers to Governor consequent to formation of state of Arunachal Pradesh. | |
| 56. | 1987 | Transition provision to enable formation of state of Goa. | |
| 57. | 1987 | Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies. | |
| 58. | 1987 | Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments. | |
| 59. | 1988 | Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab. | |
| 60. | 1988 | Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-. | |
| 61. | 1989 | Reduce age for voting rights from 21 to 18. | |
| 62. | 1989 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000. | |
| 63. | 1990 | Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed. | |
| 64. | 1990 | Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab. | |
| 65. | 1990 | National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution. | |
| 66. | 1990 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | |
| 67. | 1990 | Article 356 amended to permit President’s rule up to four years in the state of Punjab. | |
| 68. | 1991 | Article 356 amended to permit President’s rule up to five years in the state of Punjab. | |
| 69. | 1992 | To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory. | |
| 70. | 1991 | Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election. | |
| 71. | 1992 | Include Konkani, Manipuri and Nepali as Official Languages. | |
| 72. | 1992 | Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly. | |
| 73. | 1993 | Statutory provisions for Panchyat Raj as third level of administration in villages. | |
| 74. | 1993 | Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities) | |
| 75. | 1994 | Provisions for setting up Rent Control Tribunals. | |
| 76. | 1994 | Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution. | |
| 77. | 1995 | A technical amendment to protect reservation to SC/ST Employees in promotions. | |
| 78. | 1995 | Place land reform acts and amendments to these act under Schedule 9 of the constitution. | |
| 79. | 2000 | Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010. | |
| 80. | 2000 | Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre. | |
| 81. | 2000 | Protect SC / ST reservation in filling backlog of vacancies. | |
| 82. | 2000 | Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates. | |
| 83. | 2000 | Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions. | |
| 84. | 2002 | Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats. | |
| 85. | 2002 | A technical amendment to protect seniority in case of promotions of SC/ST Employees. | |
| 86. | 2002 | Provides Right to Education until the age of fourteen and Early childhood care until the age of six. | |
| 87. | 2003 | Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats. | |
| 88. | 2004 | To extend statutory cover for levy and utilization of Service Tax. | |
| 89. | 2003 | The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes. | |
| 90. | 2003 | Reservation in Assam Assembly relating to Bodoland Territory Area. | |
| 91. | 2004 | Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws. | |
| 92. | 2004 | Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages. | |
| 93. | 2006 | Reservation for OBCs in government as well as private educational institutions | |
| 94. | 2006 | To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States. | |
| 95. | 2010 | Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years. | |
| 96. | 2011 | Changed “Oriya” in the Eighth Schedule to “Odia. | |
| 97. | 2012, Jan 12 | Right to form unions or co-operative societies. (19(1)C)
Promotion of Co-operative Societies. (43B) The Co-operative Societies. (Part 9B) |
|
| 98. | 2013, Jan 2 | To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.
(To insert Article 371J in the Constitution) |
Structure
| Parts of Constitution | ||
| Part | Articles | Deals with |
| 1 | 1-4 | The Union and its territory |
| 2 | 5-11 | Citizenship |
| 3 | 12-35 | Fundamental Rights |
| 4 | 36-51 | Directive Principles of State Policy |
| 4A | 51A | Fundamental Duties |
| 5 | 52-151 | The Union |
| 6 | 152-237 | The States |
| 7 | 238 | Repealed |
| 8 | 239-242 | The Union Territories |
| 9 | 243A-O | The Panchayats |
| 9A | 243P-ZG | The Municipalities |
| 10 | 244-A | The Scheduled and Tribal areas |
| 11 | 245-263 | The relation between Union and States |
| 12 | 264-300A | Finance, Property, Contracts and Suits |
| 13 | 301-307 | Trade, Commerce and Intercourse within the territory of India |
| 14 | 308-323 | Services under The Union and The States |
| 14A | 323A-B | Tribunals |
| 15 | 324-329A | Elections |
| 16 | 330-342 | Special provisions relating to SCs, STs, OBCs and Anglo-Indians |
| 17 | 342-351 | Official Language |
| 18 | 352-360 | Emergency Provisions |
| 19 | 361-367 | Miscellaneous |
| 20 | 368 | Amendment of the Constitution |
| 21 | 369-392 | Temporary, Transitional and Special Provisions |
| 22 | 393-395 | Short title, Commencement, Authoritative text in hindi and repeals |
| Schedules of Constitution | ||
| Schedule | Articles | Deals with |
| 1 | 1,4 | The States and The Union Territories. (28 states, 7 union territories) |
| 2 | 59,65,75,97,125,148,158,164,186,221 | Emoluments, allowances and Privileges.
|
| 3 | 75,84,99,124,146,173,188,219 | Oaths of ministers and judges.
Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC. |
| 4 | 4,80 | Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated) |
| 5 | 244 | Administration and control of Scheduled areas and scheduled tribes. |
| 6 | 244,275 | Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura. |
| 7 | 246 | Distribution of Power : Union list(99), State list(61) and Concurrent list(52).
Union list: |
| 8 | 344,351 | Languages.
Originally 14, currently 22. Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi, Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu. 21st amendment: Sindhi. (1967) 71st amendment: Konkani, Manipuri, Nepali. (1992) 92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004) |
| 9 | 31B | Validation of certain Acts and Regulations.
Introduced by 1st amendment (1951) to protect from judicial review. Laws made after April 24, 1973 are open for judicial review now. 284 laws includes state laws on land reforms. |
| 10 | 102,191 | Anti-Defection Law (52nd amendment) |
| 11 | 243G | Powers and Responsibilities of Panchayats (73rd amendment) |
| 12 | 243W | Powers and Responsibilities of Municipalities (74th amendment) |
Features
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} |