Within a state there is generally a four-tier structure of ad- ministration – division, district, taluka/tehsil/block, and village. The district has been so far the most important unit of administration. Some of the states have introduced the system of Panchayati Raj, generally a three-tier structure of local self- government in rural areas at the vil- lage, block and district levels. Two recent constitutional amendments have bestowed on the local bodies in rural and urban areas
constitutional status and specific functions including education, covering education upto secondary level, technical training and vocational education, adult and non-formal education. These amendments will strengthen decentralised management of educa- tion at the grass-root level.
For the administrative ease rajasthan has been devided into following seven devisions:-
1 Ajmer Division
2 Bharatpur Division
3 Bikaner Division
4 Jaipur Division
5 Jodhpur Division
6 Kota Division
7 Udaipur Division
Districts of Rajasthan
Citizen’s Charter is a document which represents a systematic effort to focus on the commitment of the Organisation towards its Citizens in respects of Standard of Services, Information, Choice and Consultation, Non-discrimination and Accessibility, Grievance Redress, Courtesy and Value for Money.
The main objective of the exercise to issue the Citizen’s Charter of an organisation is to improve the quality of public services. This is done by letting people know the mandate of the concerned Ministry/ Department/ Organisation, how one can get in touch with its officials, what to expect by way of services and how to seek a remedy if something goes wrong. The Citizen’s Charter does not by itself create new legal rights, but it surely helps in enforcing existing rights. This website provides the details of Citizen’s Charter of various Ministries/ Departments/ Organistions of the Government of India.
The basic objective of the Citizen’s Charter is to empower the citizen in relation to public service delivery. The six principles of the Citizen’s Charter movement as originally framed were:
(i) Quality: Improving the quality of services;
(ii) Choice: Wherever possible;
(iii) Standards: Specifying what to expect and how to act if standards are not met;
(iv) Value : For the taxpayers’ money;
(v) Accountability: Individuals and Organisations; and
These were later elaborated by the Labour Government as the nine principles of Service Delivery (1998), which are as follows:-
Set standards of service
Be Open and provide full information
Consult and involve
Encourage access and the promotion of choice
Treat all fairly
Put things right when they go wrong
Use resources effectively
Innovate and improve
Work with other providers
Government of Rajasthan(Administrative Reforms and Coordination Department, Jaipur, Rajasthan) manages the citizen charters in the state Following departments have issued there separate charters, which could be accessed from their websites.
Registration and Stamps Department, Rajasthan, Ajmer
Food and Civil Supplies Department, Rajasthan, Jaipur
Revenue Department
Local Bodies
Transport Department
Medical & Health & Associate Hospitals
SMS Medical College & Hospital, Jaipur
Jawahar Lal Nehru Medical College, Ajmer
Psychiatry Centre & Mental Hospital, Jaipur
Sir Padampat Mother & Child Health Institute , Jaipur
Chest & T.B. Hospital, Jaipur
Mahila Chikitsalaya, Jaipur
Zenana, Hospital, Jaipur
Medical & Health Services (E.S.I) Rajasthan, Jaipur
Police Department
Rajasthan State Road Transport Corporation, Jaipur
Labour Deprtment
Factories & Boilers Department
Land & Buildings Taxes Department
Commercial Taxes Department
Bureau of Anticorruption, Rajasthan, Jaipur
Command Area Development & Water Utilization Department
The Rajasthan Guaranteed Delivery of Public Services Act, 2011
The Rajasthan Guaranteed Delivery of Public Services Act, 2011 guarantees the delivery of 108 services in 53 areas concerning 15 departments. The time period kept for the delivery of services ranges from one day in the case of removal of animal carcasses from public places to two days for driving licences, 75 days for land use conversion and a maximum of 90 days for sanction of old age pension. Issue of birth/death certificates has been promised in 7-15 days and new ration card in seven days.
Right To Information
RTI stands for Right To Information and has been given the status of a fundamental right under Article 19(1) of the
Constitution. Article 19 (1) under which every citizen has freedom of speech and expression and have the right to know how the government works, what role does it play, what are its functions and so on.
Right to Information Act empowers every citizen to seek any information, take notes, extracts or certified copies of documents or records, take certified samples of material.
The economy of Arunachal Pradesh is predominantly agrarian. Agriculture and allied activities have overriding importance as a source of livelihood to the people of Arunachal Pradesh.
The State’s economy is characterized by persistent stringent financial situation marked by a very low level of State’s own resources co-existing with high level of borrowing.
The State has been suffering from impaired economic development due to bottlenecks in development of roads, civil aviation etc. in terms of per capita State Domestic Product and other development indices such as power, road length, Arunachal Pradesh ranks below national average.
Arunachal Pradesh is one of the Special Category States and is largely dependent on Central Assistance for Plan investment as the scope of internal mobilization of resources is limited in Arunachal Pradesh in view of low tax base. Therefore, the prime mover of the growth of the economy has been the flow of funds from the Centre.
The relatively isolated economies of the tribal communities of the area, which were later reorganized as Arunachal Pradesh, were gradually integrated into the larger economy only after independence, and more particularly after the Indo-China war of 1962. Apart from the relatively late exposure to modernization, another specificity of the historical transformation of the Arunachal economy was the role of the State as the prime mover in this process of gradual transformation and integration of the economy.
Arunachal Pradesh has now witnessed remarkable social and economic changes within a comparatively short period of time. The State’s economy has not only experienced a remarkable growth over the past decades, it has diversified from agriculture and forestry based subsistence economy into a market economy.
In 1970-71 the per capita Net State Domestic Product (NSDP) of Arunachal Pradesh was 56.14 percent of the per capita national income. Starting from a very low base, Arunachal’s per capita income increased at a faster rate than the country’s national income.
The predominantly barter economies are in the process of being transformed into a monetized economy. The market institutions are still underdeveloped in many respects, and there is a great deal of regional variations in the degree of integration with the market economy.
There is a significant change in terms of land tenure system, which is steadily leading to individual ownership by making collective ownership (clan, village, community ownership) a marginal phenomenon. In urban or semi-urban areas, land became a commodity for earning cash and ‘brewing social conflicts’
Subsistence nature of farming coupled with modern consumption structure is the driving force behind the changing economic institutions in Arunachal Pradesh. The rural urban migration, due
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to pull factors in the state, has resulted in substantial increase in employment in service sector. Thus, the process of modernization has led to the transformation of the traditional economic institutions in the State.
In the context of Arunachal Pradesh, power sector is the most vital infrastructure input for socio- economic development and has assumed centre stage because of huge hydropower potential.
At the time of independence there were less than 100 km. of dirt roads. At the time attaining statehood in 1987 the total road length was only 3419 km and today it stands at 21066.36 km i.e., 25.16 km/ 100 sq. km a quantum jump in progress.
The prospect of creating an industrial base in the state seems daunting in the light of the ecological and economic specificities of the state. However, a carefully designed strategy for establishing specific industries having strong forward and backward linkages has been envisaged in the New Industrial Policy-2008 of the State.
Economic Reforms
The Government of Arunachal Pradesh has been pursuing economic reforms for speedy development. There has been a significant fiscal correction in the last couple of years. Major reforms initiated by the State are
The State has taken various measures to curtail non-plan and unproductive expenditure and to increase State’s Own tax and non-tax revenue. The State’s own tax which was around Rs. 37.00 crore has now jumped to above Rs.80 crore this year. Because of various initiatives in development of hydropower, mines and minerals etc. The non-tax revenue is also increasing substantially.
The State Govt. has enacted the ‘Fiscal Responsibility and Budget Management (FRBM) Act 2006’ and in accordance the ‘Arunachal Pradesh Fiscal Responsibility and Budget Management Rule 2007’ have been framed to ensure prudence in fiscal management.
Mobilization of State’s own resource is pre-requisite for financing the annual plan. The Finance Department is in constant touch with revenue generating departments and monitoring meticulously for greater revenue generation.
The gross fiscal deficit which was at 13.85% of GSDP in 2004-05 has been reduced to 3.57 in 2007-08. • Serious restrictions have been put for the non-developmental expenditure including the post creation. • The Plan schemes are now being executed in Project Mode with the introduction of the concept of non-divertible earmarked allocation. The State Govt. has constituted very high level committee under the Chairmanship of the Chief Secretary to scrutinize the project proposals.
The State Govt. has notified “Hydro Electric Power Policy 2008” to accelerate investments in development of hydro power projects having installed capacity above 25 MW. The Govt. of Arunachal Pradesh had also announced “Small Hydro Power Policy 2007“for small hydro power projects upto an installed capacity of 25 MW.
The State PWD has reduced its manpower by 7000 Nos. through VRS. It will lead a saving of Rs. 30.00 crore per year. Other departments with surplus man-power are also working out the modalities.
To minimize the burden of committed liabilities of salary, Government of Arunachal Pradesh has transferred 13265 Nos. Plan posts of 37 Nos. departments from 7th Five Year Plan onwards during Annual Plan 2008-09 in the first phase. Transfer of remaining 8 Nos departments as well as committed liabilities of 8 departments will be taken care in the second phase during Annual Plan 2009-10. As a result provision Direction and Administration has been reduced to 27.69% during 2008-09 compared to 44.14% during Annual Plan 2007-008.
exploiting it commercially unlike China, the only country with richer bamboo genetic resources.
Now Budget 2018 has ignited farm hope for this tree-turned-grass which once fuelled insurgency in the northeastern states. The allocation of ₹1,290 crore for a restructured National Bamboo Mission (NBM) has raised hopes for a range of bamboo-based industries – from food professing to construction.
Bamboo is a wonder, multi-utility grass that more than 300 ethnic groups in the northeast have traditionally been using in every stages of life, from birth to death, besides it being a delicacy. Bamboo’s commercial journey began when it was struck off the list of trees by amending the Indian Forest Act last year.
The Budget provision is one of the best initiatives to promote holistic development of bamboo. But the restructured NBM needs to be more focussed on value-chain management and value-addition of bamboo at community level which will bring more income to the bamboo farmers and bamboo processors.
INTERNATIONAL
· India Slips to 42nd Place On EIU Democracy Index, Norway Tops
India slipped to 42nd place on an annual Global Democracy Index according to the data compiled by the Economist Intelligence Unit (EIU). India has moved down from 32nd place last year.
The top 5 Countries in the list are
Norway,
Iceland,
Sweden,
New Zealand and
Denmark
The index ranks 165 independent states and two territories on the basis of five categories: electoral process and pluralism, civil liberties, the functioning of government, political participation and political culture.
The list has been divided into four broad categories- full democracy, flawed democracy, the hybrid regime and authoritarian regime.
North Korea is ranked the lowest at 167th, while Syria is a notch better at 166th place.
· India Joins Ashgabat agreement
India joined Ashgabat Agreement on the establishment of an International Transport and Transit Corridor between the Iran, Oman, Turkmenistan, and Uzbekistan.
The agreement was signed in 2011, which envisages facilitation of transit and transportation of goods between Central Asia and the Persian Gulf.
According to the External Affairs Ministry, the accession to the Agreement would diversify India’s connectivity options with Central Asia and have a positive influence on its trade and commercial ties with the region.
NATIONAL
Union Budget 2018: Key takeaways and sector-wise highlights
Finance Minister Arun Jaitley delivered the current government’s fifth and last full financial budget (Budget 2018 for the fiscal year 2018-19) amid subdued economic growth, challenging fiscal situation and farm distress.
Here are the key highlights from the Union Budget 2018:
Economic Health
Economy firmly on course to achieve high growth of 8%
GDP growth at 6.3% in the second quarter of 2017-18 signals turnaround of the economy
Growth in the second half likely to remain between 7.2% to 7.5%
Agriculture and Rural Economy
MSP for all unannounced Kharif crops increased to 150%
Institutional credit for agri-sector increased to Rs.10 lakh crore in 2017-18
Fisheries, aquaculture and animal husbandry corpus at Rs.10,000 crore
New scheme Operation Greens with an outlay of Rs 500 Crore
Govt to develop and upgrade existing 22,000 rural haats
Agri-Market Infrastructure Fund with a corpus of Rs.2000 crore
Allocation for Ministry of Food Processing doubled to Rs.1400 crore
Loans to Self Help Groups (SHG) of women to increase to Rs.75,000 crore by March 2019.
Increased allocation of National Rural Livelihood Mission to Rs 5750 crore
Under Ujjwala Scheme distribution of free LPG connections will be given to 8 crore poor women
Housing for All by 2022 – more than one crore houses to be built by 2019 in rural areas
Education, Health, and Social Protection
Estimated budgetary expenditure on health, education and social protection at Rs.1.38 lakh crore
Ekalavya Model Residential School to be set up for tribal children
Investments for research & infra in premier educational institutions at Rs.1 lakh crore in next 4 years
NHPS to cover over 10 crore poor and vulnerable families (approximately 50 crore beneficiaries)
NHPS to provide coverage up to 5 lakh rupees per family per year for hospitalisation
Rs 1200 crore for the National Health Policy, 2017 – additional Rs.600 crore for TB patients
24 new Government Medical Colleges and Hospitals
Medium, Small and Micro Enterprises (MSMEs) and Employment
Major thrust for Medium, Small and Micro Enterprises (MSMEs) – allocation at Rs. 3794 crore
Target of Rs.3 lakh crore for lending under MUDRA Yojana
70 lakh formal jobs to be created this year
Govt to make 12% contribution of new employees in the EPF for all the sectors for 3 years
Outlay of Rs.7148 crore for the textile sector
Increase budgetary allocation on infrastructure for at Rs.5.97 lakh crore
To develop 10 prominent tourist sites into Iconic Tourism destinations
35000 kms road construction in Phase-I at an estimated cost of Rs.5,35,000 crore
Railways
Railways Capital Expenditure pegged at Rs.1,48,528 crore
4000 kilometers of electrified railway network slated for commissioning
Work on Eastern and Western, dedicated freight corridors
Over 3600 km of track renewal targeted in current fiscal
Redevelopment of 600 major railway stations
Mumbai’s local train network to have 90 kilometers of double line tracks at Rs.11,000 crore cost
150 km of additional suburban network planned for Mumbai
Suburban network of 160 km at for Bengaluru metropolis
Air Transport
To expand airport capacity more than five times to handle a billion trips a year
Regional connectivity – 56 unserved airports and 31 unserved helipads to be connected
To establish unified authority for regulating all financial services
Digital Economy
NITI Aayog to initiate a national program to direct efforts in artificial intelligence
Department of Science & Technology to launch Mission on Cyber-Physical Systems
Allocation doubled on Digital India programme to Rs 3073 crore
To set up 5 lakh wifi hotspots to provide net-connectivity to five crore rural citizens
Rs. 10000 crore for creation and augmentation of telecom infrastructure
Defence
Development of two defence industrial production corridors.
Allocation of Rs 2.95 lakh crore to defence sector.
Emoluments
To revise emoluments to Rs.5 lakh for the President
Rs 4 lakhs for the Vice President
Rs.3.5 lakh per month to Governor
Pay for Members of Parliament – law for automatic revision of emoluments every 5 years
150th Birth Anniversary of Mahatma Gandhi- Rs.150 crore for commemoration programme
Fiscal Management
Budget Revised Estimates for Expenditure at Rs.21.57 lakh crore
Revised Fiscal Deficit estimates at 3.5% of GDP
To bring down Central Government’s Debt to GDP ratio to 40%
Jaitley announces ‘world’s largest healthcare programme’
Finance Minister Arun Jaitley announced two new initiatives under the Ayushman Bharat Programme in the Union Budget 2018.
Under the programme, Mr. Jaitley announced a new flagship National Health Protection Scheme, providing a health insurance cover of ₹5 lakh a family per annum.
The scheme will cover 10 crore vulnerable families, with approximately 50 crore beneficiaries.
Mr. Jaitley also announced the creation of health and wellness centres, which will “bring healthcare closer to home”.
These centres, 1.5 lakh in number, will provide free essential drugs and diagnostic services. A sum of Rs. 1200 crore had been allocated for this.
· Thirty Second Surajkund International Crafts Mela Begins
The 32nd Surajkund International CraftsMela begun in Faridabad, Haryana.
The Mela is organized by the Surajkund Mela Authority and Haryana Tourism in collaboration with Union Ministries of Tourism, Textiles, Culture and External Affairs.
The 17-day cultural extravaganza will see a spectacular showcase of regional and international crafts, handlooms, traditions along with some mouth-watering multi-cuisine food for the visitors.
This year Uttar Pradesh is the theme state and Kyrgyzstan is the Partner Nation.
Railways to invest Rs 48,000 crore toboost Northeast infrastructure
The Railways will invest nearly Rs 48,000 crore in the northeast to boost infrastructure and development in the region.
Tracks up to Imphal will come up by 2020. the Railways could not expedite work in Meghalaya as local councils are unwilling to part with their land. the Railways has acquired land stretching up to 17 km for train connectivity to Kohima in Nagaland.
Doubling of tracks in Assam has been sanctioned up to Lumding via Goalpara and the NFR is working to complete the task by 2020.
INTERNATIONAL
Japan’s Development Loan Assistance to India for an amount of Yen 45 billion
The Government of Japan has committed JICA Official Development Assistance loan for an amount of Yen 45 billion (Rs.2587 crore approx.) for the project.
The Notes in this regard were exchanged between Mr. S. Selvakumar, Joint Secretary, Department of Economic Affairs, Ministry of Finance, Government of India and H.E. Mr. Kenji Hiramatsu, Ambassador of Japan to India on Japanese official development assistance loan for Bengaluru Water Supply and Sewerage Project (Phase 3) (I).
This Project will provide residents of Bruhat Bengaluru Mahanagar Palike (BBMP) area especially in 110 villages with safe and stable water supply and sewerage services by carrying-out construction of water treatment plant and sewage treatment plants thereby improving living conditions of the residents as well as the investment environment in the concerned areas in BBMP in the State of Karnataka.
India and Japan have had a long and fruitful history of bilateral development cooperation since 1958. In the last few years, the economic cooperation between India and Japan has steadily progressed.
This further consolidates and strengthens the Strategic and Global Partnership between India and Japan.
NATIONAL
· Eighth National Voters Day is observed on 25th January
Election Commission of India celebrated the 8th National Voters’ Dayacross the country on 25th January for enhanced participation of citizens in the electoral process.
The National level function was held in New Delhi.
President Ram Nath Kovind gave away awards for best electoral practices
to District Collectors, Superintendents of Police and other functionaries involved in election management.
Gk bit – National Voters Day
National Voters’ Day or Rashtriya Matdata Diwasis celebrated on January 25 every year. The significance of National Voters’ Day is to encourage more young voters to take part in the political process. It is a day to celebrate the right to vote and vibrant democracy of India.
The day was first celebrated in 2011 to mark Election Commission’s Foundation Day. This will be eighth National Voters’ Day (NVD) and will be used to spread awareness among voters regarding effective participation in the electoral process.
ECI (Election Commission of India) is permanent and independent constitutional body established directly by Constitution of India to ensure fair and fair elections in the country. It is multi-member body and currently has three members including Chief Election Commissioner (CEC).
Bharat Parv to be held at Red Fort on Republic Day
Cultural extravaganza Bharat Parvwill be held at the Red Fort in Delhi as part of the Republic Day celebrations.
The prime objective of the event is to promote rich cultural diversity of the country, generate a patriotic mood and to ensure wider participation of the general public.
The Bharat Parv event includes a display of Republic Day Parade Tableaux, Performances by Armed Forces Bands, Cultural Performances from a different region.
· Union Government To Infuse Over Rs88 Thousand Crore In 20 PSB
The Union Government announced 88,139 crore rupees capital infusion in20 public sector banks, PSBs, during the current fiscal ending 31st March to boost lending and revive growth.
IDBI Bank will get the most- Rs10,610 crore followed by State Bank of India 8,800 crore rupees.
The 20 banks that will receive the capital infusion during this phase include Bank of India, UCO Bank, and Punjab National Bank.
In October last year, the government had announced over two lakh crore rupees bank recapitalization plan spread over spread over two financial years 2017-18 and 2018-19.
India to host 16th International Energy Forum meet
The 16th International Energy Forum (IEF) Ministerial meeting will be held in New Delhi on April 10 to 12.
It will be hosted by Government of India in New Delhi and co-hosted by the Government of China and South Korea.
Representatives from 92 countries will be participating in the conference, including 72 member countries of IEF and 20 guest countries.
India had last hosted the IEF ministerial conference in 1996.
· Union Government to increase number of AMRIT pharmacy stores 4 times
The Ministry of Health and Family Welfare announced to increase the number of AMRIT pharmacy stores by four times by end of 2018 from the existing 111 outlets in a bid to make low-cost medicines more accessible. So far, 52 lakh patients have been benefited by buying discounted drugs (60 to 90% less than market price) from AMRIT (Affordable medicine and reliable implants for treatment) stores and have saved over Rs. 267 crores.
The AMRIT (Affordable medicine and reliable implants for treatment) scheme aims to reduce expenditure incurred by patients on the treatment of cancer.
Under it, retail outlets in the name of AMRIT pharmacy are opened to sell drugs for cancer and heart diseases at highly discounted rates on market rates.
SARAS PT1N makes its maiden flight
SARAS PT1N (14 seater) designed and developed by CSIR-National Aerospace Laboratories (CSIR-NAL), a frontline aerospace research laboratory, has successfully made its maiden flight.
Union Minister for Science & Technology, Dr. Harsh Vardhan, has congratulated the scientists of CSIR-NAL and other agencies involved in the successful maiden flight.
The aircraft took off at about 11 a.m from HAL airport and flew for about 40 minutes at the maximum height of 8500 ft at the speed of 145 knots.
The aircraft programme is named after Indian crane Saras. It was first conceptualised in the 1990s to establish short-haul civil aviation market. The original design of the plane included maximum take-off weight of 6,100kg and a maximum payload of 1,232kg.
Rapid Reporting System for the Scheme for Adolescent Girls launched
Secretary, Ministry of Women and Child Development, Shri Rakesh Srivastava launched the Phase -1 i.e. the beneficiary module of the Rapid Reporting System for the Scheme for Adolescent Girls – a web based on line monitoring for the Scheme for Adolescent Girls in New Delhi.
This Portal has been developed in collaboration with National Informatics Centre (NIC).
other words,”It is the accomplishment of Goals through others.”
Management has been used in different senses. Sometimes it refers to the process of planning, organizing, staffing, directing, coordinating and controlling at other times it is used to describe it as a function of managing people. It is also referred to as a body of knowledge, a practice and discipline.
Different thoughts have been given for Management definition :-
HanriFayol :-“ Father of Modern Management”
He described management as process of functions or functional management.
F.W. Taylor :- “Father of Scientific Management”
According to him, Management is the art of knowing what you want to do and then seeing that it is done in the best and cheapest way.
Production means creation of utilities by converting raw material in to final product by various scientific methods and regulations. It is very important field of management. Various sub-areas of the production department are as follows.
Plant lay out and location: This area deals with designing of plant layout, decide about the plant location for various products and providing various plant utilities
Production planning: Managers has to plan about various production policies and production methods.
Material management: This area deals with purchase, storage, issue and control of the material required for production department.
Research and Development: This area deals with research and developmental activities of manufacturing department. Refinement in existing product line or develop a new product are the major activities.
Quality Control: Quality control department works for production of quality product by doing various tests which ensure the customer satisfaction.
Marketing Management:
Marketing management involves distribution of the product to the buyers. It may need number of steps. Sub areas are as follows
Advertising: This area deals with advertising of product, introducing new product in market by various means and encourage the customer to buy three products.
Sales management: Sales management deals with fixation of prices, actual transfer of products to the customer after fulfilling certain formalities and after sales services.
Market research: It involves in collection of data related to product demand and performance by research and analysis of market.
Finance and accounting management:
Financial and accounting management deals with managerial activities related to procurement and utilization of fund for business purpose. Its sub areas are as follows
Financial accounting: It relates to record keeping of various financial transactions their classification and preparation of financial statements to show the financial position of the organization.
Management accounting: It deals with analysis and interpretation of financial record so that management can take certain decisions on investment plans, return to investors and dividend policy
Taxation: This area deals with various direct and indirect taxes which organization has to pay.
Costing: Costing deals with recording of costs, their classification, analysis and cost control.
Personnel Management:
Personnel management is the phase of management which deals with effective use and control of manpower. Following are the sub areas of Personnel management
Personnel planning: This deals with preparation inventory of available manpower and actual requirement of workers in organization.
Recruitment and selection: This deals with hiring and employing human being for various positions as required.
Training and development: Training and development deals with process of making the employees more efficient and effective by arranging training programmes. It helps in making team of competent employees which work for growth of organisation.
Wage administration: It deals in job evaluation, merit rating of jobs and making wage and incentive policy for employees.
Industrial relation: It deals with maintenance of overall employee relation, providing good working conditions and welfare services to employees.
Sources of finance are the most explored area especially for the entrepreneurs about to start a new business. It is perhaps the toughest part of all the efforts. There are various sources of finance classified based on time period, ownership and control, and source of generation of finance.
The process of selecting right source of finance involves in-depth analysis of each and every source of finance. For analyzing and comparing the sources of finance, it is required to understand all characteristics of the financing sources. There are many characteristics on the basis of which sources of finance are classified.
On the basis of a time period, sources are classified into long term, medium term, and short term. Ownership and control classify sources of finance into owned capital and borrowed capital. Internal sources and external sources are the two sources of generation of capital. All the sources of capital have different characteristics to suit different types of requirements. Let’s understand them in a little depth.
ACCORDING TO TIME-PERIOD:
Sources of financing a business are classified based on the time period for which the money is required. Time period is commonly classified into following three:
Long Term Sources of Finance:
Long-term financing means capital requirements for a period of more than 5 years to 10, 15, 20 years or maybe more depending on other factors. Capital expenditures in fixed assets like plant and machinery, land and building etc of a business are funded using long-term sources of finance. Part of working capital which permanently stays with the business is also financed with long-term sources of finance. Long term financing sources can be in form of any of them:
Share Capital or Equity Shares
Preference Capital or Preference Shares
Retained Earnings or Internal Accruals
Debenture / Bonds
Term Loans from Financial Institutes, Government, and Commercial Banks
Venture Funding
Asset Securitization
International Financing by way of Euro Issue, Foreign Currency Loans, ADR, GDR etc.
Medium Term Sources of Finance:
Medium term financing means financing for a period of 3 to 5 years. Medium term financing is used generally
for two reasons. One, when long-term capital is not available for the time being and second, when deferred revenue expenditures like advertisements are made which are to be written off over
a period of 3 to 5 years. Medium term financing sources can in the form of one of them:
Preference Capital or Preference Shares
Debenture / Bonds
Medium Term Loans from
Financial Institutes
Government, and
Commercial Banks
Lease Finance
Hire Purchase Finance.
Short Term Sources of Finance: Short term financing means financing for a period of less than 1 year. Need for short term finance arises to finance the current assets of a business like an inventory of raw material and finished goods, debtors, minimum cash and bank balance etc. Short term financing is also named as working capital financing. Short term finances are available in the form of:
Trade Credit
Short Term Loans like Working Capital Loans from Commercial Banks
Fixed Deposits for a period of 1 year or less
Advances received from customers
Creditors
Payables
Factoring Services
Bill Discounting etc.
There are two main categories of sources from which the firm can get the required funds for their business. These are:
(1) Internal sources; and
(2) External sources.
When the businessman invests his own money (called owner’s capital), and retains a part of the profits earned in the business it constitute the internal sources of finance. It is an integral part of every business organisation and it is cost effective. But, this source has its own limitations. Hence the business houses have to resort to the external sources of finance. The various external sources from where businessmen can get the finance include, friends and relatives, banks and other financial institutions, moneylenders, capital market, manufacturers and producers, customers, foreign financial institutions and agencies, etc. It is observed that the scope of raising funds also depends upon the nature and form of business organisation.
The following are the usual sources of finance. (a) Capital Market (b) Financial Institutions (c) Public Deposits (d) Commercial Banks (e) Leasing Companies (f) Investment Trusts (g) Retained Profits
Wealth maximization is the concept of increasing the value of a business in order to increase the value of the shares held by stockholders. The concept requires a company’s management team to continually search for the highest possible returns on funds invested in the business, while mitigating any associated risk of loss.
Wealth maximization simply means maximization of shareholder’s wealth. It is a combination of two words viz. wealth and maximization. A wealth of a shareholder maximizes when the net worth of a
The main Principle of financial management is the Maximization of Shareholders Wealth. Shareholder’s Wealth is measured on the basis of economic value. Economic value is based on cash flows and not profit. Economic Value is defined as: “The present value of future cash flows generated by a decision, discounted at appropriate rate of discount which reflects the degree of associated risk“.
Market Value of Shares
The future cash flow is estimated for the present value. The present value is the Market price of share. As Shareholder’s wealth is equal to the market price of shares held by him, any increase in Market price of shares would result in an increase in Shareholder’s Wealth.
Common Goal
The Maximization of Shareholder’s Wealth is the common goal between the Shareholders and the Management. The recognition of this goal motivates the Management to allocate the available resources in an optimum way.
3 D’s Of Financial Decisions
The Maximization of Shareholder’s wealth indicates that the Market price of share is related to three basic financial decisions:
The investment decisions,
The financing decision,
The dividend decision.
Shareholder’s Expectations
Shareholder’s expectations are about future cash flows based on current cash flows and projected future growth. The market price of share shows these expectations.
Performance appraisal is a vital tool to measure the frameworks set by any organization to its employees. It is utilized to track individual contribution and performance against organizational goals and to identify individual strengths and opportunities for future improvements and assessed whether organizational goals are achievedor serves as basis for the company’s future planning and development .
Performance appraisal is a formal system that evaluates the quality of an employee’s performance. An appraisal should not be viewed as an end in itself, but rather as and important process within a broader performance management system that links:
Organizational objectives
Day to day performance
Professional development
Rewards and incentives
In simple terms, appraisal may be understood as the assessment of an individual’s performance in a systematic way, the performance being measured against such factors as job knowledge, quality and quantity of output,initiative, leadership abilities,
supervision, dependability, cooperation, judgment, versatility, health and the like.Assessment should not be confirmed to past performance alone. Potentials of the employee for future performance must also be assessed.
Methord for performance and appraisals involves:
Integrating performance appraisal into a formal goal setting system
Basting appraisals on accurate and current job descriptions
Offering adequate support and assistance to employees to improve their performance (e.g., professional development opportunities)
Ensuring that appraisers have adequate knowledge and direct experience of the employee’s performance
Conducting appraisals on a regular basis.
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 (42nd 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 (42nd 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)
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. (52nd Amendment)
Schedule XI
29 subjects on which panchayats can legislate. (73rd Amendment)
Schedule XII
18 subjects on which municipalities have control. (74th 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 24th 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 42nd.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.
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
1.
S.K Dhar committee
Reorganization of states on linguistic basis
2.
JVP committee
Jawahar, Vallabh, PattabhiSitaramayya (same as above)
3.
Shah Commission
Punjab Reorganization Act
4.
Tarkunde Committee
Electoral Reforms. Voting age to be reduced to 18 years (61st
amendment). Voter councils to be formed.
5.
Dinesh Goswami
Electoral Reforms. To save the security candidates should secure
Committe
at least 1/4th 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 44thamendment 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 86th 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 84th 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 2/3rd 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 2/3rd 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 44th 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 21st In 1992 three additional languages – Konkani, Manipuri & Nepali were added by 71st 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 52nd 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.
73rd 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 26th November 1949. Elections & fundamental rights came later on 26th 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.