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
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. Sacchidanada Sinha 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
Urban spheres of influence reflect centre-to-hinterland relationship, compared with the non-central region, the centre assumes more complex economic functions, and provides more economic activities.
Famous theoretical contributions to this research field are the Central Place Theory (Christaller, 1933), the extension to the Central Place Theory (Losch, 1940), the modification to the Central Place Theory (Isard, 1956), and An Economic Theory of Central Places.
After verification and conceptual refinement of these classical literatures, it can be found that any study on delineating sphere of urban influence has been guided by either of two research approaches: the empirical research and model research.
Empirical method determines sphere of urban influence according to data features and regional characteristics. As for example, sphere of urban influence in America is described in terms of the extent of the regional delivery system (Huff, 1973).
Models are developed to capture the interaction between or spaces using theoretical understanding, the intensity and pattern of contact among cities, and thus those models help to determine the sphere of urban influence.
In modeling, the sphere of urban influence, Huff (1973) and Lutz (1995) made a great contribution by using a model namely “Sphere of Urban Influence and Urban System” to delineate the urban sphere of influence of United States of America, Ireland and Ghana.
Now-a-days in Western countries, the study of sphere urban of influence is diminishing in general. By virtue of their high degree of economic and social development, most of the developed countries have accessed post-industrial society, where node-to-node interactions have become, as compared to the node-to-hinterland relationships.
But, for the developing countries, they are still pursuing industrial development and hence, develop the industries; the node-to-hinterland relationships are distinctly dominant.
Urban Spheres of Influence on Population
The urban sphere of influence can be defined as the geographical region which surrounds a city and maintains inflow-outflow relationship with the city.
Every urban centre, irrespective of the size of population and the nature of function, has a region of influence. Generally speaking, as the size of the population increases, the multiplicity of functions increases. As a result, the influence zone is larger and vice versa.
The term sphere of influence area was first used by Northam and supported by Canter. Other terms to express a similar entity, which have got recognised, include umland and city region. Umland is a German word which means the area around. The term was first used by the Allies in the Second World War.
The term city-region was first used by Dickinson. It is used to describe a similar situation on a much larger scale. Some other terms which have become popular include urban field, tributary area and catchment area. The term sphere of influence is preferred by political geographers.
Delineating the Sphere of Influence Area:
Several methods have been worked out by geographers and sociologists, but no single method seems to be perfect.
The pre-First World War geographers depended primarily on empirical methods (through questionnaires and field surveys) taking into account all those relevant functions which are performed by cities and the surroundings of the city.
The influence zone of each function is first delineated. It brings out the multiplicity of boundaries of spheres of influence area.
Harris has suggested that a common boundary is to be drawn from within those boundaries which are very close to each other.
Harris himself drew a sphere of influence area for the Salt Lake City of Utah State in USA. He used 12 important services for this purpose which included retail trade, wholesale grocery and drug sale, radio broadcasting, newspaper circulation, telephone services, banking distribution etc.
Harris scheme shows greater dependence upon the services of the cities. He practically ignored the services rendered by rural areas.
Geographers like Carter, Dickinson and Green studied the sphere of influence area and their empirical methods gave due weightage to the rural services.
The post-Second World War geographers began to use statistical methods. This made the inferences more precise, logical and scientific.
This method, however, has the disadvantage of being rigid. Still, it is a popular method throughout the world.
The conclusion of the method brings the delineated influence area closer to Christaller’s observations, who suggested that every urbane settlement (service centre) is supposed to have a hexagonal influence region.
It solves the problem of existence of shadow zone which normally appears in the case of spherical delineation of the influence region.
The statistical method is based on the principle of gravitation.
Reilly propounded the Law of Retail Gravitation to delineate the market zone of urban centres. Since marketing is a principal function, this method is used by geographers to delineate the zone of influence area.
This method states that:
P= MA x MB / d2
where MA = Mass of centre A measured by population size, such that MA > MB
MB = Mass of centre B
d = distance between two cities.
The result will mark the distance of the sphere of influence area from Mass (city) A; the remaining distance will mark the influence area of Mass (city) B.
Modern urban geographers give importance to this method as they consider this cut-off as an important factor for development of respective influence areas.
Some development authorities have begun to use the sphere of influence area as the basis of regional planning.
They use detailed questionnaires to understand the nature of influence. They consider factors such as daily commuting, functional structure of village, household types of villages, milk supply, vegetable supply, newspaper circulation etc. This approach seems to have some practical utility.
It gives due weightage to natural hindrances.
Factors like rivers, mountains, forests, marshy lands etc. are bound to modify the influence area and in that case, the statistical method is not of much relevance. Information collected through questionnaires is, however, properly processed through different statistical methods and a composite index, indicating a common boundary, is worked out. This common boundary gives the limit of the sphere of influence area.
Thus, it becomes clear that the sphere of influence area is highly relevant in socio-economic patterns of a city and its surroundings.
In India, the regional planners have given due recognition to the role of city regions or spheres of influence areas in the ‘Growth Pole’ strategy adopted by the
area of transition from agricultural and other rural land uses to urban use.
Located well within the urban sphere of influence the fringe is characterised by a wide variety of land use including dormitory settlements housing middle-income commuters who work in the main urban area.
Over time the characteristics of the fringe change from largely rural to largely urban. Suburbanisation takes place at the urban boundary of rural-urban fringe.
The nature of the rural-urban fringe is influenced by four main factors: agricultural policy, regional planning, the urban economy and the agricultural economy.
Baker et al have identified four types of fringe resulting from these influences:
Disturbed landscapes
Neglected landscapes
Simplified landscapes
Valued landscapes
Increasing demand for land in the rural urban fringe area because:
Land is cheaper – as the accessibility of the RUF is lower than that of the inner city areas and most of the people have to travel to the inner city for work, fewer people are willing to live in the RUF. Thus the land prices are lower.
There is less traffic congestion and pollution – as the area is a new development in the outskirts, and the population living in the area is lesser than the inner city, the traffic congestion and pollution levels are lesser.
There is easier access and a better road infrastructure – as it is a newer development with a lot of space available.
There is a more pleasant environment with more open space – the amount of open space decreases with time as the extent of development increases, and so does the pleasant environment.
In INDIA study by Sudesh Nangia in Delhi Metropolitan region for R-U Fringe
In India, Sudesh Nangia studied Delhi Metropolitan region (1976), and highlighted some of the chief characteristics of the R-U fringe around the metropolis.
She pointed out that the fringe area extended over 212 sq km and encompassed 177 villages within its fold. The zone is not concentric but polygonal in shape (Figure 17.2).
Its structural units include slums and squatter-settlements, built-up dwellings without any proper plan, mixed land uses, areas of agricultural production usurped by lot of industrial units, dispersed location of settlements suffering from urban facilities, and also it commands sewerage treatment plant and recreation centres as well.
L. Singh studied R-U fringe of Varanasi and called it an extension of the city itself, actual and potential.
According to him, “the R-U fringe is an area where most of the rural land is forced into urban uses prematurely”.
Singh studied urban fringe of ‘KAVAL’ towns and concluded that their fringe areas coalesced together inheriting all the evils of large conurbations such as horrible slums, appalling house and traffic congestion and long daily trip to work
Beneficial development in rural urban fringe area:
The rural urban fringe is characterised by a mixture of land uses, most of which require large areas of land
Housing developments as urban sprawl continues
Science and business parks
Hyper-markets and superstores
Retail parks and out of town shopping centres
Office developments
Hotels and conference centres
Airport expansion
Issues in Urban rural fringe
Uses
Positive Aspects
Negative Aspects
Agriculture
Many well managed farms and small holdings
Farms often suffer litter, trespass and vandalism; some land is derelict in the hope of planning permission
Development
Some well-ited, carefully landscaped developments such as business and science parks
Some developments, such as out of town shopping areas cause heavy traffic flow and pollution. Unregulated businesses such as scrap metal and caravan storage. Airport expansion
Urban Services
Some, such as reservoirs or cemeteries, may be attractive.
Mineral workings, sewage works, landfill sites etc can be unattractive and polluting
Transport
New cycleways and footpaths can improve assess to countryside
Motorways destroy countryside and promote new development, particularly near junctions.
Recreation and sport
Country parks, sports fields and golf courses can lead to conservation.
Some activities such as stock car racing and scrambling erode ecosystems and create localised litter and pollution
Landscape and nature conservation
Many SSSI (sites of special scientific interest) and AONB (Areas of natural beauty)
Much degraded land eg. land ruined by fly-tipping; many SSSIs under threat
The entire North-east India had a long tradition of trade relations with eastern Himalayan sub-region comprising Bhutan, Tibet, China and Myanmar (Burma). It is more so in case of Arunachal Pradesh, because most of the tribes of Arunachal Pradesh migrated from these countries. Therefore, they had maintained ethnic, cultural, commercial and even matrimonial relationships with their neighboring territories through ages.
The tribes of Arunachal Pradesh living along the international border had trade connections with China, Tibet, Bhutan and
Myanmar through several trade routes). While the tribes living along the southern border of Arunachal Pradesh had trade relations with Assam, the eastern part of Arunachal Pradesh had trading relations
With Burma, and the western and the northern part of Arunachal Pradesh had well developed trade links with the Tibetans.
Trade Dynamics
History has recorded a number of trade routes between Arunachal Pradesh and its neighbouring countries. As many as 27 trade routes (passes) including the famous
Tawang route which passed via Tawang and Tsona Dzong have been identified between Arunachal Pradesh and Tibet. Local goods of Tibet and Bhutan were brought through these trade routes to be exchanged for local goods of Arunachal and Assam at different trade fairs (Mela) held annually coinciding with certain religious festivals in the foothills.
On the eastern border of Arunachal Pradesh four trade routes have been identified including the famous Pangsu Pass between Arunachal Pradesh and Burma. A large number of hill tribes from the present Tirap district of Arunachal Pradesh used to carry on trade in tea, blankets, matches, etc., at various places in Burma including in Bhamo, the most important trading centre on the bank of river Irrawaddy in Burma. The major articles from Burma side were amber (Jangphi), gum, nora cloth, silver, etc.
To speed up the process of development in the State, the present ‘inward looking’ paradigms of developmental policy is to be supplemented by an ‘outward looking’ approach based on market and trade. The changing scenario in international trade under WTO regime, India’s emphasis on signing trade agreements with several foreign countries including the South and South-east Asian countries (a few of which share common border with Arunachal Pradesh) and the ‘Look East’ policy of India can be of great help for Arunachal Pradesh in its efforts to introduce this ‘outward looking’ development strategy. ‘The global pattern of agrarian transformation initiated by GATT/WTO suggests that the major portion of third
world peasantries have no future simply as subsistence cultivators’
Prospects of Trade with Neighbouring Countries—Exploring New Frontiers
Arunachal Pradesh has potentials for producing some of the goods which currently India is exporting to various countries including those bordering Arunachal Pradesh.
China, the ASEAN region, Bangladesh and other SAARC countries which are geographically close to Arunachal Pradesh import substantial portion of each of
the above items in which Arunachal Pradesh has export potential.
Biodiversity:
Arunachal Pradesh with 2.54 per cent of country’s geographical area is custodian of more than 23.52 per cent of the flowering plants of India. It is one of the richest botanical treasure houses of the country. A few valuable items of such rich biodiversity of the State, identified on the basis of market demand, could be commercially exploited for economic benefit of the State.
Orchids:
Out of 925 varieties of orchids available in India, more than 500 varieties are found in Arunachal Pradesh due to its favourable soil and climatic conditions.
In fact, approximately 200 varieties are unique to the State and 60 per cent of these are ornamental in nature with high demands in international markets. Thus,
Arunachal Pradesh can be a major exporter of orchids.
Horticultural Crops:
Arunachal Pradesh is famous for production of apple, orange, pineapple, banana, walnut, kiwi and several spices (cardamom, black-pepper, ginger, etc.) including 4500 species of flowering plants. Nearly 55,000 hectares of land is under horticultural crops including spices. At present, Arunachal Pradesh is selling some of these fruit crops only to Assam and neighboring North-eastern states, but its soil and climate are so rich for flower and fruit crop plantation that it can be a major exporter of flowers, fruits and fruit products even to the neighboring countries.
Major Forest Products:
The vast area of forests of Arunachal Pradesh covering 51,540 sq km, which forms
about 62 per cent of the total geographical area of the State, are full of valuable timber trees like hollock, pine, chir, teak, etc., which grow naturally. The commercial use of these trees along with its scientific captive plantation can earn substantial revenue for the State. Value added products from such trees can also be exported to the neighboring countries.
Minor Forest Products (MFP)
(i) Herbal Plants: Arunachal Pradesh has a rich tradition of herbal health care. The tribes have so far identified over 500 species of plants, having medicinal properties. However, some of these ‘medicinal’ plants are yet to be authenticated by appropriate scientific testing. Due to lack of awareness, the State is yet to harness the full potentials of this wealth
(ii) Aromatic Plants: Arunachal Pradesh forests offer a vast array of aromatic plants such as citronella, lemon-grass, vanilla, patcholi, agaroo, etc., which can be used in aromatic industry for the manufacture of perfumes, incenses, etc., for export purposes.
Economic Mineral Resources of Arunachal Pradesh Trade & Commerce
Among the valuable minerals spotted in Arunachal Pradesh are petroleum,
limestone, marble coal, dolomite, fuller’s earth and natural gas reserves are worth mentioning.
If properly assessed and explored with required infrastructural development, the products of some of these minerals can be used for making several value-added products locally in small and medium scale industries. Some of the value-added products can be exported to the neighboring countries.
Tourism Products
The State’s unique natural beauty, different species of wildlife, religious places, historical and heritage sites, diverse attractive tribal cultures, friendly and hospitable people could make Arunachal Pradesh, the Switzerland of the East. The sites which can be developed into world class tourist spots are Tawang for religious, adventure and eco tourists; Parusuramkunda and Malini Than, for religious and eco tourists; Namdapha Tiger Project, Mowling National Park, and ten wildlife sanctuaries of the State for wildlife tourists; ‘Lake of No Return’ on the border of Arunachal Pradesh and Myanmar near Phangso Pass.
Hydro-electric Power
Arunachal Pradesh possesses immense potential of powers, primarily in the form of hydel. But the progress of this sector has not taken place on a scale proportionate to resource availability. The total unexploited hydel potential of the State is estimated to be 49000 MW. The National Hydro Power Corporation (NHPC) has undertaken survey and investigation works of Siang and Subansiri basins for establishing mega hydro power project with an installed capacity of 20700 MW. When this project will be completed, Arunachal Pradesh can be a major exporter of cheap hydel power not only to the entire North-east, but also to its neighbouring countries having power deficit like China and Myanmar.
Trade Routes
(i) Tezpur-Bomdila-Towang-Bum La (China)
(ii) Lakhimpur-Daparijo-Nacho (China)
(iii) Jonai-Sadiya-Mekha-Malvinil-Tajobum (China)
(iv) Sadiya-Tezu-Chirangal-Kahao (China)
(v) Tinsukia-Winstong-Mogung (Myanmar)
(vi) Khonsa-Wakha (Myanmar)
(vii) Ledo-Pangsou Pass-Myitkyina-Bhamo-Kunming
(Myanmar and China)
Out of these seven old border trade routes of Arunachal Pradesh, the most useful and economic route is the Ledo-Pangsou Pass-Myitkyina-Bhamo-Kunming route,
Arunachal Pradesh nods to much awaited Advertisement Policy 2018
Arunachal Pradeshgave a nod to much awaited “Arunachal Pradesh Advertisement Policy 2018.” State Cabinet headed by Chief Minister Pema Khandu approved Arunachal Pradesh
Advertisement Policy 2018 which will enable the government to make payment of government advertisement bills to media houses on a timely basis.
In another decision, the Cabinet approved the release of gratuitous relief of Rs 2,000 for all contingency and casual workers serving under Arunachal Government.
Apart from approving the creation of 25 posts of Assistant Professors for government colleges of the state under Rashtriya Uchchatar Shiksha Abhiyan (RUSA), the Cabinet also approved enhancement of salary of teachers working under SSA and RMSA on contractual basis up to 22% with effect from April 1, 2018.
The Cabinet directed the education department to ensure that salaries are disbursed by the first week of the subsequent month through the Aadhaar-based DBT through PFMS method.
INTERNATIONAL
World Cancer Day: 4 February
World Cancer Day is an international day marked on February 4 to raise awareness of cancer and to encourage its prevention, detection, and treatment.
World Cancer Day was founded by the Union for International Cancer Control (UICC) to support the goals of the World Cancer Declaration, written in 2008.
The primary goal of the World Cancer Day is to significantly reduce illness and death caused by cancer by 2020.
The theme for the World Cancer Day 2016-2018 is ‘We can. I can.’
Nepal gets a high Rs. 650 crore outlay
India’s annual financial allocation to Nepal for 2018-19 has nearly doubled under the Union Budget presented on February 1.
The External Affairs Ministry has been allocated a total Rs. 15,011 crore, which indicates a marginal increase of Rs. 1,321 crore over the previous year’s grant.
For India’s development and diplomatic engagement under the ‘Neighbourhood First’ policy, the Budget has allocated Rs. 5545 crore.
Bhutan is traditionally the largest recipient of Ministry’s allocation.
NATIONAL
Venkaiah Naidu to Inaugurate First International Kala Mela
The Vice President of India Shri M. Venkaiah Naidu will inaugurate the First International Kala Mela in New Delhi on February 4.
The Minister of State for Culture (Independent Charge) and Environment, Forest and Climate Change, Dr. Mahesh Sharma will also grace the occasion.
Lalit Kala Akademi, the premier institution for the promotion of Art and Culture is organizing it at Indira Gandhi National Centre for the Arts, New Delhi (IGNCA).
Environment Ministry launches ‘Green Good Deeds’ campaign
Environment Minister Dr Harsh Vardhan has appealed to the teaching community to join the “Green Good Deeds” campaign, launched by his Ministry to sensitise the people about climate change and global warming.
The Minister reminded the teachers of their “Green Social Responsibility similar to corporate Social Responsibility (CSR).
CRISIL, SIDBI Launch India’s First MSE Sentiment Index
The Union Minister for Finance and Corporate Affairs Shri Arun Jaitley launched
CriSidEx , India’s first sentiment index for micro and small enterprises ( MSEs) developed jointly by CRISIL & SIDBI.
CriSidEx is a composite index based on a diffusion index of 8 parameters and measures MSE business sentiment on a scale of 0 (extremely negative ) to 200 ( extremely positive) .
The parametric feedback was captured through a survey of 1100 MSEs in November –December.
CriSidEx will have 2 indices , one for the ‘survey quarter’ and another for the ‘next quarter’ once a trend emerges after few rounds of the survey , providing independent time series data.
The crucial benefit of CriSidEx is that its readings will flag potential headwinds and changes in production cycles and thus help improve market efficiencies and by capturing the sentiment of exporters and importers , it will also offer actionable indicators on foreign trade.
India’s biggest floating island released in Neknampur lake
On the occasion of World Wetland Day, city-based NGO Dhruvansh has introduced biggest floating island of India at Neknampur Lake, Hyderabad.
The duo of Dhruvansh NGO, Madhulika and Neeraj Singh started Neknampur restoration programme in June 2016 adopting various cost effective methodologies to clean the lake.
After successful introduction of 10×10 feet floating islands last year, the NGO introduced 2,500 square feet floating island with 3,500 wetland plants floating on this platform.
“A Century is Not Enough”: Autobiography of Sourav Ganguly
Former Team India captain Sourav Ganguly’s autobiography is soon-to-be-published and it is named “A Century is Not Enough”.
The book is co-authored by Gautam Bhattacharya and published by Juggernaut Books.
The book covers the ups and downs in more than a decade long career of the former Indian captain fondly called ‘Dada’.
· Railways Ministry may introduce dynamic pricing system
The Railways Ministrythe current flex-fare system and is considering introducing a dynamic pricing system for train tickets, Railway Minister Piyush Goyal has said. Under dynamic pricing system, fares will be decided as per the season and demand.
The Fares will be automatically adjusted via artificial intelligence, algorithms or technology, to help trains have more occupancy.
· India Lifts U-19 World Cup 2018
India defeated Australia to lift the Under 19 World cup for the fourth time.
The Men in Blue defeated the three-time champions Australia at Bay Oval, New Zealand.
Manjot Kalra scored a sensational unbeaten century and was named Man of the Match.
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)
XX
368
Amendment of the Constitution
XXI
369-392
Temporary, Transitional & Special Provision
XXII
393-395
Short Title, Commencement, Authoritative
Schedules of the Constitution
Schedule I
Deals with territories of the 28 states & 7 union territories
Schedule II
Salaries allowances of president, V.P, Speaker, Judges, CAG etc.
Schedule III
Various forms of Oaths & affirmation which various incumbents have to take.
Schedule IV
Seats allotted to various states & UTs in the RajyaSabha (Council of States)
Schedule V
Administration & Control of scheduled areas.
Schedule VI
Administration of tribal areas in Assam, Meghalaya & Mizoram
Schedule VII
Subjects in the three lists – Union, State & Concurrent
Schedule VIII
List of 22 regional languages
Schedule IX
Certain acts & regulations dealing with land reforms &zamidari system abolition.
((Added by first constitutional amendment).
Schedule X
Disqualifications on grounds of defection. (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
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.
IOC to invest Rs 3,400 crore in Assam to augment operations
Indian Oil Corporation will invest Rs3,400 crore in Assam over the next five years to expand its operations by setting up new units as well as upgrading the existing ones.
The company will sign a Memorandum of Understanding (MoU) with the Assam Government to this effect at the two-day ‘Advantage Assam – Global Investors Summit 2018’, beginning in Guwahati.
are signing an MoU with the state government that will empower us to invest Rs 3,400 crore in Assam over the next five years.
This will be for various projects across the state,” Indian Oil Corporation, Executive Director (IndianOil-AOD), Dipankar Ray.
INTERNATIONAL
Maldives declares state of emergency
Maldivian President Abdulla Yameen has declared a 15-day state of Emergency, his aide Azima Shukoor announced on state television.
The move gives sweeping powers to security forces to arrest and detain suspects as Yameen refuses to comply with a Supreme Court order to release political prisoners.
The latest crisis was triggered when the Maldivian Supreme Court ordered the release of some opposition leaders, including former president Mohammed Nasheed, after overturning their “terrorism” convictions.
Dubai named the world’s busiest International Airport
Dubai International Airport says it has held on to its No 1 ranking as the world’s busiest airport for ‘international travel’, after seeing some 88.2 million passengers in 2017.
Dubai International Airport first surpassed London Heathrow as the world’s busiest airport for international traffic in 2014.
It has maintained the title ever since, with some 90 airlines flying into skyscraper-studded Dubai.
The airport is home to the long-haul carrier Emirates.
Hartsfield-Jackson Atlanta International Airport in Georgia remains the world’s busiest airport overall.
· Japan Launches Smallest Rocket Ever To Carry Tiny Satellite into Orbit
The Japan Aerospace Exploration Agency (JAXA)launched the world’s smallest rocket with the ability to put a tiny satellite into orbit.
The rocket lifted off from the Uchinoura Space Center.
It carried a microsatellite TRICOM-1R, a three-unit CubeSat weighing about 3 kilograms.
This satellite launch was a re-flight of the TRICOM-1 mission, which was lost in SS-520’s failure in 2017.
The launch was aimed at testing the ability of JAXA to
launch low-cost rockets that can put microsatellites into space at affordable rates.
NATIONAL
· India contributes $1 million to UN Development Partnership Fund
India contributed additional $1 million to India-UN Development Partnership Fund, earmarked for South-South cooperation.
The contribution aims to intensify its partnerships with other developing countries in the south.
India has pledged a multi-year contribution of $100 million to the fund establishment in June 2017.
The fund was set up on 9 June 2017 on occasion of the World Oceans Day as a partnership between India and United Nations Office for South-South Cooperation.
· International company Singtel to invest 2649 crores in Bharati Telecom
Singapore Telecommunications (Singtel) spend up to 2643 crores on shares in India’s Bharti Telecom, lifting its stake slightly in the holding company for Bharti Airtel to just under half.
India’s telecommunications sector has been hit hard by a price war since the entry of carrier Reliance Jio, the telecoms arm of Reliance Industries Ltd, more than a year ago.
The purchase worth as much as 26.5 billion rupees could increase Singtel’s stake in Bharti Telecom by up to 1.7 percentage points to 48.9 percent and its holding in Bharti Airtel, the country’s biggest mobile carrier, by up to 0.9 percentage points to 39.5 percent.
The deal will be done via a preferential share allotment.
Maharashtra govt approves new wildlife sanctuary at Ghodazari
The Maharashtra government has approved Ghodazari in Chandrapur district as a new wildlife sanctuary in the state.
The decision was taken at the 13th meeting of the Maharashtra State Board for Wildlife, chaired by Chief Minister Devendra Fadnavis.
The sanctuary, in the North East of Tadoba, will include 159 sq km of Brahmapuri forest.
· India Successfully Test-Fires Nuclear-Capable Agni-I Missile
India successfully test-fired the indigenously developed short-range nuclear capable Agni-I ballistic missile.
The missile was fired from the Abdul Kalam Island off Odisha coast.
The test was conducted by the Strategic Force Command of the Indian Army.
The range of Missile is 700 km.
It was 18th version of Agni-I.
· Prime Minister Narendra Modi to go on 4-day visit to Palestine, UAE, Oman on February 9
Prime Minister Narendra Modiwill have a packed schedule during his four days visit to Palestine, UAE, and Oman from ninth of this month.
This will be the first-ever visit by an Indian Prime Minister to Palestine, and Prime Minister Modi’s second visit to UAE and first to Oman.
During the visit, the Prime Minister will hold discussions on matters of mutual interest with their leaders, apart from participating in many community events.
In Dubai, Prime Minister would be addressing the Sixth World Government Summit being at which India has been extended ‘Guest of Honour’ status. Joint Secretary (Gulf).
IWAI Signs Project Agreement With World Bank For Jal Marg Vikas Project.
Inland Waterways Authority of India (IWAI)signed a project agreement with the World Bank for Jal Marg Vikas Project on river Ganga.
The World Bank entered into a USD 375 million loan agreement with the Department of Economic Affairs, Union Ministry of Finance for Jal Marg Vikas Project (JMVP).
Jal Marg Vikas Project, which is expected to be completed by March 2023, is being implemented with the financial and technical support of the World Bank.
Union Judiciary : The Supreme Court ; its role and powers
The Supreme Court is the highest court of The Indian Republic. Judiciary, the third organ of the government, has an important role to play in the governance. It settles the disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution. India has a single unified and integrated judicial system and that the Supreme Court is the highest court in India.
The promulgation of Regulating Act of 1773 by the King of England paved the way for establishment of the Supreme Court of Judicature at Calcutta. The Letters of Patent was issued on 26 March 1774 to establish the Supreme Court of Judicature at Calcutta, as a Court of Record, with full power & authority to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions against any of His Majesty’s subjects in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay was established by King George – III on 26 December 1800 and on 8 December 1823 respectively.
Federal Court of India was established under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts.
After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.
The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number.
According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories.
The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court.
As a Federal Court: Supreme Court is the Federal Court of India, India being a federation; powers are divided between the Union and State governments. The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.
Interpreter of the Constitution and Law: The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.
As a Court of Appeal: The Supreme Court is the highest court of appeal from all courts in the territory of India. Appeal lies to the Supreme Court of the cases involving interpretation of the constitution. Appeals in respect of civil and criminal cases also lie to the Supreme Court irrespective of any constitutional question.
Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President.
Guardian of the Constitution: The Supreme Court of India is the guardian of the constitution. There are two points of significance of the Supreme Court’s rule as the protector and guardian of the constitution.
First, as the highest Federal Court, it is within the power and authority of the Supreme Court to settle any dispute regarding division of powers between the Union and the States.
Secondly, it is in the Supreme Court’s authority to safeguard the fundamental rights of the citizens.
In order to discharge these two functions it is sometimes necessary for the Supreme Court to examine or review the legality of the laws enacted by both the Union and the State Governments. This is known as the power of Judicial Review. Indian Supreme Court enjoys limited power of Judicial Review.
Writ Jurisdictions: Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights. These writs are in the nature of Habeas Corpus, Mandamas, Prohibition, and Quo-warranto Certiorari.
Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The Supreme Court of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional.
High Court: Organization, Powers and functions
The India High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India, which was established under the Government of India Act 1935.
Art-214 of the constitution provides that, “There shall be a High Court for each state” Art-231 further provides that , “Parliament may by law establish a common High court for two or more states and a union territory.” At present for example there is a common High court for the states of punjab, Haryana and Union Territory of Chandigarh. Similarly. There is Common High court for Assam, Nagaland, Manipur, Meghalaya, Tripura and Mijoram.
A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;
A High Court judge may be removed before he or she attains the age of 62 years, only on the ground of incapacity or proved misbehaviour. He or she may be removed if both the Houses of Parliament adopt a resolution by a majority of their total membership and by two thirds majority of members present and voting, separately in each House in the same session. Such a resolution is submitted to the President, who then can remove the concerned judge.
The jurisdiction of the High court can basically be divided into-
(a) Original Jurisdiction and (b) Appellate Jurisdiction
(a) Original Jurisdiction:The original jurisdiction of the High Courts is very limited.
(i) Cases related to Fundamental rights.(Can even issue writs for legal rights)
(ii) Constitutional jurisdiction.
(iii) Power of judicial review
(iv) The cases related to matters such as will, divorce, contempt of court.
(v) Election disputes.
(b) Appellate Jurisdiction:When a High Court hears an appeal against the decision of a lower court, it is called Appellate Jurisdiction.The High Court can hear appeals against the decisions of the lower Courts in the following cases:
(i) Civil cases
(ii) Appeals in revenue cases against the decision of the revenue board.
(iii) In cases related to succession,insolvency, patent, Design etc.
2. appeal in criminal cases-
(i) If the session judge has awarded imprisionment for seven year or more.
(ii) where the session judge has awarded capital punishment.
3. Constitutional Cases– if the high court certify that perticular cases is fit for appeal before itself and involves a substantial question of law.
Administrative powers
It supervises and superintends the working of all the courts subordinate to it.
It makes rules and regulations for the court subordinate to it and cun change such law.
It can transfer any case from one court to another court
It can investigate or enquire in to the record or anotherconnected documentsof any court subordinate to it.
Subordinate Judiciary
Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive . Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive .
The framework of the current legal system has been laid down by the Indian Constitution , which states for an integrated and uniform judiciary system and the judicial system derives its powers from it. There are various levels of judiciary in India— different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
Type of cases
Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord – tenant disputes. Civil Courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.
Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, againt the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.
Revenue cases relate to land revenue on agriculture land in the district.
The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.
The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.
There are many other courts subordinate to the court of District and Sessions Judge. There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.
At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side. Civil Judge (senior division) can decide civil cases of any valuation. There are many additional courts of Additional Civil Judge (senior division).The Jurisdiction of these addition courts is the same as that of the principal court of Civil Judge (Senior Division). The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a term up to seven years. Usually there are many additional courts of Additional Chief Judicial Magistrates. At the top level there may be one or more courts of additional district and sessions judge with the same judicial power as that of the District and Sessions judge.
The Judiciary plays a very important role as a protector of the constitutional values that the founding fathers have given us. They try to undo the harm that is being done by the legislature and the executive and also they try to provide every citizen what has been promised by the Constitution under the Directive Principles of State Policy. All this is possible thanks to the power of judicial review.
All this is not achieved in a day it took 50 long years for where we are right now, if one thinks that it is has been a roller coaster ride without any hindrances they are wrong judiciary has been facing the brunt of many politicians, technocrats, academicians, lawyers etc. Few of them being genuine concerns, and among one of them is the aspect of corruption and power of criminal contempt. In this paper I would try to highlight the ups and downs of this greatest institution in India.
The rule of law is the bedrock of democracy, and the primary responsibility for implementation of the rule of law lies with the judiciary.1 This is now a basic feature of every constitution, which cannot be altered even by the exercise of new powers from parliament. It is the significance of judicial review, to ensure that democracy is inclusive and that there is accountability of everyone who wields or exercises public power. As Edmund Burke said: “all persons in positions of power ought to be strongly and lawfully impressed with an idea that “they act in trust,” and must account for their conduct to one great master, to those in whom the political sovereignty rests, the people”.2
India opted for parliamentary form of democracy, where every section is involved in policy-making, and decision taking, so that every point of view is reflected and there is a fair representation of every section of the people in every such body. In this kind of inclusive democracy, the judiciary has a very important role to play. That is the concept of accountability in any republican democracy, and this basic theme has to be remembered by everybody exercising public power, irrespective of the extra expressed expositions in the constitution.3
The principle of judicial review became an essential feature of written Constitutions of many countries. Seervai in his book Constitutional Law of India noted that the principle of judicial review is a familiar feature of the Constitutions of Canada, Australia and India, though the doctrine of Separation of Powers has no place in strict sense in Indian Constitution, but the functions of different organs of the Government have been sufficiently differentiated, so that one organ of the Government could not usurp the functions of another.4
The power of judicial review has in itself the concept of separation of powers an essential component of the rule of law, which is a basic feature of the Indian Constitution. Every State action has to be tested on the anvil of rule of law and that exercise is performed, when occasion arises by the reason of a doubt raised in that behalf, by the courts. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public functions.5
Extent of Judicial Review in India:
The initial years of the Supreme Court of India saw the adoption of an approach characterised by caution and circumspection. Being steeped in the British tradition of limited judicial review, the Court generally adopted a pro-legislature stance. This is evident form the rulings such as A.K. Gopalan, but however it did not take long for judges to break their shackles and this led to a series of right to property cases in which the judiciary was loggerhead with the parliament. The nation witnessed a series of events where a decision of the Supreme Court was followed by a legislation nullifying its effect, followed by another decision reaffirming the earlier position, and so on. The struggle between the two wings of government continued on other issues such as the power of amending the Constitution.6 During this era, the Legislature sought to bring forth people-oriented socialist measures which when in conflict with fundamental rights were frustrated on the upholding of the fundamental rights of individuals by the Supreme Court. At the time, an effort was made to project the Supreme Court as being concerned only with the interests of propertied classes and being insensitive to the needs of the masses. Between 1950 and 1975, the Indian Supreme Court had held a mere one hundred Union and State laws, in whole or in part, to be unconstitutional.
After the period of emergency the judiciary was on the receiving end for having delivered a series of judgments which were perceived by many as being violative of the basic human rights of Indian citizens 7and changed the way it looked at the constitution. The Supreme Court said that any legislation is amenable to judicial review, be it momentous amendments8 to the Constitution or drawing up of schemes and bye-laws of municipal bodies which affect the life of a citizen9. Judicial review extends to every governmental or executive action – from high policy matters like the President’s power to issue a proclamation on failure of constitutional machinery in the States like in Bommai case, to the highly discretionary exercise of the prerogative of pardon like in Kehar Singh case or the right to go abroad as in Satwant Singh case.Judicial review knows no bounds except the restraint of the judges themselves regarding justifiability of an issue in a particular case.
Judicial Review of Political Questions:
In the initial stages of the judicial adjudication Courts have said that where there is a political question involved it is not amenable to judicial review but slowly this changed, in Keshavananda Bharathi’s case,10 the Court held that, “it is difficult to see how the power of judicial review makes the judiciary supreme in any sense of the word. This power is of paramount importance in a federal constitution…. Judicial Review of constitutional amendments may seem involving the Court in political question, but it is the Court alone which can decide such an issue. The function of Interpretation of a Constitution being thus assigned to the judicial power the State, the question whether the subject of law is within the ambit of one or more powers of the legislature conferred by the constitution would always be a question of interpretation of the Constitution.”
Than it was in Special Courts Bill, 1978, In re, case where the majority opined that, “The policy of the Bill and the motive of the mover to ensure a speedy trial of persons holding high public or political office who are alleged to have committed certain crimes during the period of emergency may be political, but the question whether the bill or any provisions are constitutionally invalid is a not a question of a political nature and the court should not refrain from answering it.” What this meant was that though there are political questions involved the validity of any action or legislation can be challenged if it would violate the constitution. This position has been reiterated in many other cases11 and in S.R. Bommai’s case the Court held, “though subjective satisfaction of the President cannot be reviewed but the material on which satisfaction is based open to review…” the court further went on to say that, “The opinion which the President would form on the basis of Governor’s report or otherwise would be based on his political judgment and it is difficult to evolve judicially manageable norms for scrutinizing such political decisions. Therefore, by the very nature of things which would govern the decision-making under Article 356, it is difficult to hold that the decision of the president is justiciable. To do so would be entering the political thicker and questioning the political wisdom which the courts of law must avoid. The temptation to delve into the President’s satisfaction may be great but the courts would be well advised to resist the temptation for want of judicially manageable standards. Therefore, the Court cannot interdict the use of the constitutional power conferred on the President under Article 356 unless the same is shown to be male fide.”
As Soli Sorabjee points out, “there is genuine concern about misuse by the Centre of Article 356 on the pretext that the State Government is acting in defiance of the essential features of the Constitution. The real safeguard will be full judicial review extending to an inquiry into the truth and correctness of the basic facts relied upon in support of the action under Article 356 as indicated by Justices Sawant and Kuldip Singh. If in certain cases that entails evaluating the sufficiency of the material, so be it.”
What this meant was the judiciary was being cautious about the role it has to play while adjudicating matters of such importance and it is showing a path of restraint that has to be used while deciding such matters so that it does not usurp the powers given by the Constitution by way of the power of review at the same it is also minimizing the misusing of the power given under Article 356 to the President.
Judicial Review as a part of the Basic Structure:
In the celebrated case of Keshavanda Bharathi v. State of Kerela, the Supreme Court of India the propounded the basic structure doctrine according to which it said the legislature can amend the Constitution, but it should not change the basic structure of the Constitution, The Judges made no attempt to define the basic structure of the Constitution in clear terms. S.M. Sikri, C.J mentioned five basic features:
Supremacy of the Constitution. 2. Republican and democratic form of Government. 3. Secular character of the Constitution. 4. Separation of powers between the legislature, the executive and the judiciary. 5. Federal character of the Constitution.
He observed that these basic features are easily discernible not only from the Preamble but also from the whole scheme of the Constitution. He added that the structure was built on the basic foundation of dignity and freedom of the individual which could not by any form of amendment be destroyed. It was also observed in that case that the above are only illustrative and not exhaustive of all the limitations on the power of amendment of the Constitution. The Constitutional bench in Indira Nehru Gandhi v. Raj Narain (1975 Supp SCC 1.) held that Judicial Review in election disputes was not a compulsion as it is not a part of basic structure. In S.P. Sampath Kumar v. Union of India((1987) 1 SCC 124 at 128.), P.N. Bhagwati, C.J., relying on Minerva Mills Ltd. ((1980) 3 SCC 625.) declared that it was well settled that judicial review was a basic and essential feature of the Constitution. If the power of judicial review was absolutely taken away, the Constitution would cease to be what it was. In Sampath Kumar the Court further declared that if a law made under Article 323-A(1) were to exclude the jurisdiction of the High Court under Articles 226 and 227 without setting up an effective alternative institutional mechanism or arrangement for judicial review, it would be violative of the basic structure and hence outside the constituent power of Parliament.
In Kihoto Hollohan v. Zachillhur (1992 Supp (2) SCC 651, 715, para 120) another Constitution Bench, while examining the validity of para 7 of the Tenth Schedule to the Constitution which excluded judicial review of the decision of the Speaker/Chairman on the question of disqualification of MLAs and MPs, observed that it was unnecessary to pronounce on the contention whether judicial review is a basic feature of the Constitution and para 7 of the Tenth Schedule violated such basic structure.
Subsequently, in L. Chandra Kumar v. Union of India ((1997) 3 SCC 261) a larger Bench of seven Judges unequivocally declared:
“that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure”.
Though one does not deny that power to review is very important, at the same time one cannot also give an absolute power to review and by recognizing judicial review as a part of basic feature of the constitution Courts in India have given a different meaning to the theory of Check’s and Balances this also meant that it has buried the concept of separation of powers, where the judiciary will give itself an unfettered jurisdiction to review any thing every thing that is done by the legislature.
Expansion of Judicial Review through Judicial Activism:
After the draconian exposition of power by the Executive and the Legislature during Emergency the expectations of the public soared high and the demands on the courts to improve the administration by giving appropriate directions for ensuring compliance with statutory and constitutional prescriptions. Likewise the judiciary has taken an activist view the Beginning with the Ratlam Municipality case 12the sweep of Social Action Litigation13 had encompassed a variety of causes14.
With the interpretation given by it in Menaka Gandhi case the Supreme Court brought the ambit of constitutional provisions to enforce the human rights of citizens and sought to bring the Indian law in conformity with the global trends in human-rights-jurisprudence. This was made possible in India, because of the procedural innovations with a view to making itself more accessible to disadvantaged sections of society giving rise to the phenomenon of Social Action Litigation/Public Interest Litigation15. During the Eighties and the first half of the Nineties, the Court have broken there shackle’s and moved much ahead from being a mere legal institution, its decisions have tremendous social, political and economic ramifications. Time and again, it has sought to interpret constitutional provisions and the objectives sought to be achieved by it and directed the executive to comply with its orders.
SAL, a manifestation of judicial activism, has introduced a new dimension regarding judiciary’s involvement in public administration16. The sanctity of locus
standi and the procedural complexities are totally side-tracked in the causes brought before the courts through SAL. In the beginning, the application of SAL was confined only to improving the lot of the disadvantaged sections of the society who by reason of their poverty and ignorance were not in a position to seek justice from the courts and, therefore, any member of the public was permitted to maintain an application for appropriate directions17.
The new role of the Supreme Court has been criticised in some quarters as being violative of the doctrine of separation of powers; it is claimed that the Apex Court has, by formulating policy and issuing directions in respect of various aspects of the country’s administration, transgressed into the domain of the executive and the legislature. As Justice Cardozo puts it, “A Constitution states or ought to state not rules for the passing hour but principles for an expanding future.”18 It is with this view that innovations in the rules of standing have come into existence.
Limitation on the power of review:
The expansion of the horizon of judicial review is seen both with reverence and suspicion; reverence in as much as the judicial review is a creative element of interpretation, which serves as an omnipresent and potentially omnipotent check on the legislative and executive branches of government. But at the same time there is a danger that they may trespass into the powers given to the legislature and the executive.
One many say that if there is any limitation on judicial review other than constitutional and procedural19 that is a product of judicial self-restraint. As justice Dwivedi empathically observed, “Structural socio-political value choices involve a complex and complicated political process. This court is hardly fitted for performing that function. In the absence of any explicit Constitutional norms and for want of complete evidence, the court’s structural value choices will be largely subjective. Our personal predilections will unavoidably enter into the scale and give colour to our judgment. Subjectivism is calculated to
undermine legal certainty, an essential element of rule of law.”20
The above observations also reveal another assumption to support an attitude of self-restraint, viz., the element subjectiveness in judicial decision on issues having socio-political significance. When one looks at the decisions of the Supreme Court on certain questions of fundamental issues of constitutional law one can see that there is a sharp division among the judges of the apex court on such basic questions of power of the Parliament to amend the Constitution, federal relations, powers of the President etc. This aptly demonstrates the observation of the judge. This would mean that though there has been expansion of powers of judicial review one cannot also say that this cannot be overturned.
Judicial self-restrain in relation to legislative power manifests itself in the form the there is a presumption of constitutionality when the validity of the statute is challenged. In the words of Fazl Ali, “…the presumption is always in favour of the constitutionality of an enactment, and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles”21
In applying the presumption of constitutionality the Courts sometimes apply an interpretational device called ‘reading down’. The essence of the device is that “if certain provisions of law construed in one way would make them consistent with the constitution, and another interpretation would render them unconstitutional, the court would lean in favour of the former construction.”22 But all this depends on the outlook and values of the judge.23
When it come judicial review of administrative action though the presumption of validity is not so strong in the case of administrative action as in the case of statutes. Still, when the legislature expressly leaves a matter to the discretion of an administrative authority the courts have adopted an attitude of restraint. They have said we cannot the question the legality of the exercise of discretionary power unless and until it is an abuse of discretionary power (which includes mala fide exercise of power, exercising the power for an improper motive, decision based on irrelevant considerations or in disregard of relevant consideration, and in some cases unreasonable exercise of power) and non-exercise of discretion ( which come when power is exercised without proper delegation and when it is acted under dictation).
The relevant considerations which should make the judicial choice in favour of activism or restraint are the policy and scheme of the statute, the object of conferring discretionary powers, the nature and scope of the discretion, and finally, the nature of the right and interests affected by the decision. Any impulsive move to activism without a serious consideration of these factors may only be viewed as undesirable. Judicial activism, being an exception, not the general rule, in relation to the control of discretionary power, needs strong reasons to justify it. In the absence of such strong support of reasons the interventionist strategy may provoke the other branches of Government may retaliate and impose further limitations on the scope of judicial review.
Conclusion:
Accountability is an essential part of the rule of law. It is essential for another reason, as in the earlier editions of Dicey,24 of course modified in later editions, referring to John Wilkes’s case,25 that “conferment of any discretion tends to arbitrariness and therefore there is something inconsistent with the rule of law.” But then, as time passed, it was realized that conferment of some discretion for the purpose of application to the facts of a given case is something you cannot do away with. The area of discretion should be the minimum possible, and set norms, standards or guidelines should regulate it, so that it does not tend to become arbitrary. Therefore, the rule of non-arbitrariness is something to be tested by the judiciary whenever the occasion arises.26
The growth of judicial review is the inevitable response of the judiciary to ensure proper check on the exercise of public power. Growing awareness of the rights in the people; the trend of judicial scrutiny of every significant governmental action and the readiness even of the executive to seek judicial determination of debatable or controversial issues, at times, may be, to avoid its accountability for the decision, have all resulted in the increasing significance of the role of the judiciary. There is a general perception that the judiciary in this country has been active in expansion of the field of judicial review into non-traditional areas, which earlier were considered beyond judicial purview.
The Judges have a duty to perform, which is even more onerous to keep the judicial ship afloat on even keel. It must avoid making any ad hoc decision without the foundation of a juristic principle, particularly, when the decision appears to break new grounds. The judgments must be logical, precise, clear, and sober, rendered with restraint in speech avoiding saying more than that, which is necessary in the case.27
It must always be remembered that a step taken in a new direction is fraught with the danger of being a likely step in a wrong direction. In order to be a path-breaking trend it must be a sure step in the right direction. Any step satisfying these requirements and setting a new trend to achieve justice can alone be a New Dimension of Justice and a true contribution to the growth and development of law meant to achieve the ideal of justice.
Covering an area of 83,743 sq km, Arunachal Pradesh is the largest state in the Northeast India.
The state is located in the extreme Northeastern corner of the country. It shares its border with the neighbouring countries of Bhutan in the West, China (Tibet) in the North and Northeast, Myanmar in the East and Southeast and the Indian states of Assam and Nagaland in the South.
Itanagar is the state capital. Arunachal Pradesh has 16 administrative districts.
Naharlagun, Tawang, Tezpur, Bomdila, Ziro, Pasighat and Tezu are the major towns in the state.
Brahmaputra is the major river flowing through the state. Other smaller rivers include Kameng, Subansiri, Lohit and Tirap.
The most commonly spoken languages are Assamese, Bengali and Hindi. English is the primary medium of education in the schools
Rich and varied agro-climatic conditions
Undulating topography and varied agro-climatic conditions offer vast potential for horticulture and growing a variety of fruits, vegetables, spices, aromatic and medicinal plants, flowers and mushroom.
Policy and fiscal incentives
The state offers a wide range of fiscal and policy incentives and assistance for businesses under the State Industrial Policy, 2008. Additionally, the state has sectorspecific policies for industries related to power and agriculture.
Facilitating industrial infrastructure
The state has 12 industrial estates, established across districts. To support industrial growth, the State Government has also notified integrated infrastructure development centres, industrial growth centres and industrial areas.
International trade opportunities
The geographic location of the state provides immense opportunities for international trade with the South Asian countries through its shared borders with Myanmar, Bhutan and China.
Key industries in Arunachal Pradesh
The resources, policy incentives and climate in the state support investments in mining and mineral products (including cement), tissue culture and floriculture, plantation crops (tea, rubber, etc.) and agro-based industries.
The North Eastern Development Finance Corporation Limited is engaged in catalysing the industrial growth of the Northeastern region (including Arunachal Pradesh) by providing counselling, timely advice and assistance for building quality enterprises.
The Department of Industries, Government of Arunachal Pradesh, is responsible for promoting industrial activities in the state to provide employment opportunities to the rural and urban people.
The Department of Industries has set up district industries centres (DICs) and sub-district industries centres (sub-DICs) for the industrial development of small scale, tiny and village industries.
Key industries in Arunachal Pradesh
Art and crafts
Weaving
Cane and bamboo
Carpet weaving
Wood carving
Ornaments
Tourism
Horticulture
Saw mills and plywood
Employment profile of Arunachal Pradesh
The primary sector employs around 67.4 per cent of the total workforce in Arunachal Pradesh, followed by tertiary sector (23.9 per cent) and secondary sector (8.7 per cent).
Around 94 per cent of the state‟s population lives in the rural belt. Thus, agriculture is the main occupation of the people of Arunachal Pradesh.
Of the total workforce, 60.4 per cent are cultivators with self-owned land and only 5.1 per cent of the workforce falls in the agricultural labourer category.
Cereals, oil seed and sugarcane are the key agricultural products
In 2009-2010, total production of cereal crops was 325,000 tonnes, compared to 306,500 tonnes in the previous year.
Major cereal crops of the state are rice, maize, millet, wheat and pulses (pea, kidney-bean and black-gram).
Non-cereal crops include ginger, oil seed and sugarcane, apart from vegetables.
Road network
Arunachal Pradesh has a road density of 17.36 km per 100 sq km.
Six National Highways run through Arunachal Pradesh, connecting the state with the rest of India as well as the international borders with China (Tibet), Myanmar and Bhutan.
Airports and railways
In December 1995, the State Government introduced passenger flight services by nine-seat Dauphin helicopters to overcome the constraints posed by the hilly terrain.
Later a 23-seat MI-172 type helicopter had been added to the fleet, primarily to operate between Guwahati in Assam and Tawang in Arunachal Pradesh.
The service also connects 29 major towns including Naharlagun, Tawang, Ziro, Pasighat, Bomdila, Seppa, Daporijo, Along, Yingkiong, Roing and Tezu.
A greenfield airport has been proposed near Itanagar, for which environmental clearance has been received in April 2010. Ministry of Civil Aviation has also planned to operationalise airports at Daporijo and Tezu.
The nearest railway station is located at Harmoti in Assam, 23 km from Naharlagun and 33 km from Itanagar.
Industrial infrastructure
Arunachal Pradesh has 12 industrial estates located in different districts and spread over total area of 55.6 hectare. These industrial estates have been developed in land-areas ranging from 4,540 to 202,325 square metre, with the primary objective of growth and development of small scale industries.
In addition, the State Government has also notified integrated infrastructure development centres, industrial growth centres and industrial areas to support industrial growth.
The State Government has set up district industries centres (DICs) in all 16 districts. These DICs play a vital role in the industrial development by providing services to the entrepreneurs viz., identification of suitable schemes, preparation of project report, arrangement for providing required plant, machinery and raw-material, assistance in availing incentives and facilities provided by both central and state governments, liaison with all development departments and financial institutions to provide assistance to the prospective entrepreneurs.
Based on availability of resources, the State has identified thrust areas for industrial development:
Industries based on agricultural, horticultural and plantation produce.
Industries based on non-timber forest produce such as bamboo, cane (rattan), medicinal plants/herbs, aromatic grass, tea and coffee.
Industries based on locally available raw-materials except timber.
Textiles (handlooms and power-looms), handicrafts and sericulture.
Electronics and IT-based enterprises.
Mineral-based industries (such as ferro-alloys, cement, etc.)
Facilitation and development of industrial infrastructure including power, communications, etc., under public private partnership
Food processing industries.
Engineering and allied industries (rolling mill, steel mill, etc.).
State Industrial Policy, 2008
Aim: To facilitate and promote the growth of industry, employment and investment in the state.
Key initiatives:
To create an investment-friendly environment in the state for industrial growth in the private, joint and cooperative sectors for sustainable economic development of Arunachal Pradesh.
To generate employment opportunities in the state.
To make Arunachal Pradesh a preferred destination for outside investors.
To encourage local entrepreneurs to set up enterprises based on locally available raw-materials.
To promote export-oriented industrial units.
To take steps to promote the handloom and handicrafts industry.
To promote local investors through joint ventures with outside investors.
To encourage industrial units producing high value products.
To ensure fast-track clearance of industrial proposals
Hydro Power Policy – 2008
Objectives:
To harness hydropower potential of the state in a manner that is consistent with the provision of the Electricity Act, 2003 and the National Electricity Policy and other policies formulated in the Act.
To develop hydropower projects in eco-friendly manner causing minimum distress to the affected people.
To accelerate the pace of hydropower development through participation of both the central public sector undertakings and private power developers, as also by formulating public private partnership.
To provide for creation of social and development infrastructure through hydropower development.
To ensure proper rehabilitation and resettlement of people affected by projects in order to improve their living standards.
To create job opportunities for local tribal people specially for those affected by the project
Small Hydro Power (SHP) Policy, 2007
Aim: To facilitate and promote the growth of small hydro power plants and, thereby, increase employment opportunities in the state.
Key initiatives:
Private participation in development of SHPs with targeted incentives.
Formulation and notification of an action plan for SHP generation. The action plan to provide programmes for capacity addition and determine the extent of involvement of various stakeholders of State Government or agencies in the
North East Industrial and Investment Promotion Policy (NEIIPP), 2007
Aim: To promote the Northeast region as an attractive investment region through concessions and incentives.
Key features:
Industries covered under this policy are eligible for incentives for a period of 10 years from the date of commencement of commercial production.
All new units as well as existing units that undergo substantial expansion (minimum 25 per cent increase in fixed capital) and start production before 2017 would qualify for incentives.
Incentives would be available for all existing industrial units and upcoming units anywhere in the Northeast.
A high-level monitoring committee or advisory committee would oversee the implementation of the NEIIPP.
NEIIPP would not be applicable to peripheral activities such as preservation while in storage, cleaning, packing, re-packing, labelling or re-labelling, sorting, etc.
North Eastern Development Finance Corporation Ltd (NeDFI) to act as the nodal agency for disbursal of subsidies.
NEIIPP, 2007, has replaced the North East Industrial Policy, 1997
Agriculture Policy, 2001
Aim: To achieve higher economic growth and create job opportunities for the rural unemployed through agriculture and allied sectors.
Key initiatives:
Top priority to be accorded on increasing farmers‟ income.
Addressing problems related to shifting (jhum) cultivation.
Location-specific strategy development – area specific and differentiated strategy.
Convergence of allied activities by making a shift from a commodity approach to a system approach in agriculture.
Technology transfer.
Supply of inputs such as seed, fertiliser, pesticides, agri-tools and implements and credit to farmers at reasonable rates.
Facilitating private investment in agriculture, especially for establishing agro-based industries.
People‟s participation through formation of “self-help groups” and village committees at several levels.
Research and technology package for location-specific agricultural research based on identified agro-climatic zone.
Marketing infrastructure and techniques, especially for preservation, storage and transportation.
Priority on setting up agro-processing units in key production areas.
Market intervention scheme involving procurement by a notified agency to assure remunerative prices to farmers
Mineral-based industry
Arunachal Pradesh has considerable mineral reserves, which offers immense potential.
The state has reserves of coal at Bhalukpong; graphite at Tahila, Bopi and Khetabari; limestone at Hunli, Tidding, Menga and Pagin; marble at Hunli, Tezu, Pyuli and Dora; dolomite at Kaspi and Rupa; and lead and zinc at Shergaon.
These minerals are useful in the gasified form or in cooking, fertiliser plants, refractory units and calcium carbide manufacturing units.
The state‟s mining activities are managed by the Arunachal Pradesh Mineral Development and Trading Corporation Limited (APMDTCL ).
Parsuram Cements, a subsidiary of APMDTCL, is one of the oldest resource-based companies, based out of Lohit.
Agriculture and forest-based industries
Major agro- and forest-based industries in the state relate to tea, fruit, timber and plywood industries.
Non-timber based industries include bamboo, cane and medicinal plants.
characterised by many regional players; several units have been set up by Arunachal Pradesh Forest Corporation (APFC), a government organisation.
APFC has taken up a project on capacity building for production of bamboo-based industrial intermediates at Poma village near Itanagar.
The State Industrial Policy, 2008 of Arunachal Pradesh lists agriculture and non-timber forest produce-based industries as thrust sectors.
Textile
Textile is a grass-roots industry in Arunachal Pradesh and provides employment to mainly, women. Most of the units are home-based and have small scale of operations.
Carpet making is one of the important occupations in the districts of Tawang, West Kameng, Changlang and Upper Siang. The state‟s carpets have received national and international repute owing to their quality.
The carpet weaving industry is promoted through the Government Craft Centre.
The state has unique and appealing handloom designs from each of its tribes. The products include skirt (gale), shirt (galuk), cotton shawl, side bag and curtain cloth.
Key nodal agencies in Arunachal Pradesh
Department of Industries
The Department of Industries is the main executive and regulatory agency, functioning under the State Government. It oversees and monitors the over all industrial development activities in the state.
The department is engaged in various activities such as:
Registration of industries regulation and development of industries.
Providing finance to small scale and other industries.
Distribution of scarce and indigenous raw-materials to different industrial units.
Other industrial development related activities.
Arunachal Pradesh Industrial Development and Financial Corporation Limited (APIDFC)
APIDFC was incorporated under the Companies Act,1956, in August 1978, to promote and finance industries in Arunachal Pradesh.
Arunachal Pradesh Energy Development Agency (APEDA)
APEDA is the state designated agency (SDA) for implementation and enforcement of the Energy Conservation Act, 2001, in coordination with the Bureau of Energy Efficiency (BEE), Ministry of Power, Government of India.
APEDA is also the state nodal agency for projects connected with clean development mechanism (CDM)
Arunachal Pradesh Khadi and Village Industries Board (APKVIB)
APKVIB was constituted by the Government of Arunachal Pradesh in 1989, with the mission to create employment opportunities in the non-farm sector in the rural areas, to promote saleable articles and support rural development to improve quality of life.
The industries under its purview include khadi (silk, cotton, woollen), minerals, forest- and agro-based industries, polymer and chemical, engineering and non-conventional energy, textile industry and service sectors.
North Eastern Development Finance Corporation Limited (NeDFI)
NeDFI was promoted by Industrial Development Bank of India (IDBI), Small Industries Development Bank of India (SIDBI), Industrial Finance Corporation of India (IFCI), Industrial Credit and Infrastructure Corporation of India (ICICI), Unit Trust of India (UTI), Life Insurance Corporation of India (LIC), General Insurance Corporation of India (GIC) and its subsidiaries and State Bank of India (SBI).
Incorporated in August 1995, NeDFI has its headquarter in Guwahati, Assam.
NeDFI provides facilities such as project and equipment finance, working capital finance, schemes for development of entrepreneurial skill and market development for products from the Northeast.
Power
Arunachal Pradesh had a total installed power capacity of 201.9 MW, under the state and central sector. While 83.3 MW of installed capacity was under state sector, 118.6 MW was under central sector.
Hydro power is the major source of electricity generation in the state, contributing around 97.6 MW, followed by 67.4 MW of renewable energy resources and 36.9 MW of thermal power.
Arunachal Pradesh has been focusing on developing its huge hydro power potential. The state has set up the Department of Hydro Power Development to oversee, coordinate and monitor hydro power development.
The Government of Arunachal Pradesh has signed a memorandum of understanding (MoU) with central sector power generators and integrated power developers (IPD) for the development of 135 hydroelectric power plants, with an aggregate capacity of 25,722 MW
Arunachali yak the first to be registered as new breed
Yaks, found in the mountainous regions of Arunachal Pradesh, have been registered by the Karnal-based National Bureau of Animal Genetics Resources (NBAGR) as a distinct breed known as Arunachali yak, this being the first instance of such a registration in the country. Union agriculture minister Radha Mohan Singh will formally award the recognition in New Delhi on Wednesday to the representatives of National Research Centre on Yak (NRCY) based at Dirang in Arunachal Pradesh.
The study found that Arunachali yaks are characterized by their predominantly black body colour and the high fat content in their milk which sometimes goes up to 7.45%. A lactating Arunachali yak produces, on an average, 1.3 kg milk per day. Though the milk is comparatively of poor quantity, it is compensated by the high fat content which makes it useful to produce different milk products.
However, scientific interventions, especially in the areas of breeding and rearing, have been able to slow down the decline of population as Arunachali yaks still remain the main source of livelihood for many Brokpas (yak rearers). West Kameng and Tawang are mainly dominated by the Monpa community, which treats the yaks as an asset for the rural economy, and rears these animals in organized farms or semi-migratory systems.
INTERNATIONAL
Inland Waterways Authority of India signs agreement with World Bank
Inland Waterways Authority of India (IWAI) signed a project agreement with the World Bank, even as the latter entered into a US $ 375 million loan agreement with the Department of Economic Affairs, Ministry of Finance for Jal Marg Vikas Project (JMVP).
The signing of the Agreement follows the approval of the Cabinet Committee on Economic Affairs, for the implementation of the US $ 800 million JMVP for capacity augmentation of navigation on National Waterway-1(River Ganga) from Varanasi to Haldia.
Out of the remaining amount, US $ 380 million is to be sourced through the Government of India counterpart funds from budgetary allocation and proceeds from the bond issue.
Another US $ 45 million will come from private sector participation under the PPP mode.
The JMVP, which is expected to be completed by March, 2023, is being implemented with the financial and technical support of the World Bank.
The project will enable commercial navigation of vessels with the capacity of 1500-2,000 tons on NW-I.
· UAE Launches World’s Longest Zip Line
The United Arab Emiratesmade a record by opening the world’s longest zip line, measuring 83 kmin length.
Guinness World Records officials certified the zip line in Ras al-Khaimah.
The Jebel Jais Flight takes thrill-seekers atop the country’s largest mountain peak, from a launch pad 1,680 meters (5,512 feet) above sea level.
NATIONAL
Two athletes to represent India at the Winter Olympics
Luger Shiva Keshavan and cross-country skier Jagdish Singh will represent India at the PyeongChang Winter Olympicswhich begins on February 9.
Thirty-six-year-old Keshavan, the country’s best known Winter Olympian, will be taking part in his sixth Games since his debut at Nagano in Japan in 1998.
Meanwhile, this will be Jagdish Singh’s maiden Winter Games appearance.
Textbooks in 4 states to have QR codes: Nilekani
Schools in Tamil Nadu, Andhra Pradesh, Maharashtra and Rajasthanwill have QR codes in their textbooks, enabling students to view video tutorial and customized content from smartphones, informed.
As part of the initiative, textbooks will have digital links with a QR code printed at the lesson and this code will have digital material related to the particular concept, which could be a short video lecture or a tutorial or a customized content.
Sharing his experiences of working with the government, Nandan said that one of things that he learnt is that government is a big amplifier. “If intervention happens at an early stage, impact will be bigger. The government is currently spending Rs 18,000 crore on education. At the other end, philanthropic capital is also being funded in the sector.
Dust mitigation plan must for firms
The Environment Ministry has made it mandatory for companies seeking environment clearance to ensure that they put in place a dust mitigation plan.
The requirements, specified in a gazette notification on January 25, say that roads leading to or at construction sites must be paved and black-topped. There could be no soil excavation without adequate dust mitigation measures in place. No loose soil, sand, construction waste could be left uncovered. A water sprinkling system was mandatory, and the measures taken should be prominently displayed at the construction site. Moreover, the grinding and cutting of building materials in open area were prohibited and no uncovered vehicles carrying construction material and waste would be permitted.
The standards were developed by the Central Pollution Control Board as part of the National Ambient Air Quality Standards (NAAQS), and will now empower the organisation to fine companies and agencies for not complying with norms.
Road dust contributed 56% of all PM10 pollution, while it was 38% for PM2.5.
Before PM2.5 became the focus of attention — for its role in lodging itself in the lungs and for being
a key component of diesel emissions — dust was the key villain for a long time. Dust is a generic term for a vast mix of metals and non-metals — silicon, aluminium, titanium, manganese, copper, barium, antimony, selenium and zinc.
Gk bit – PM (particulate matter)
PM stands for particulate matter (also called particle pollution): the term for a mixture of solid particles and liquid droplets found in the air. Some particles, such as dust, dirt, soot, or smoke, are large or dark enough to be seen with the naked eye. Others are so small they can only be detected using an electron microscope.
Particle pollution includes:
PM10 : inhalable particles, with diameters that are generally 10 micrometers and smaller; and
5: fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller.
The average human hair is about 70 micrometers in diameter – making it 30 times larger than the largest fine particle.
Constitution is the fundamental law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based. It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizens. With the exception
Of United Kingdom (U.K.), almost all democratic countries possess a written constitution. India also possesses an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose. Our Constitution was adopted by the Constituent Assembly on 26 January, 1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to time.
? 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, economical and political;
Liberty, of thought, expression, belief, faith and worship;
Equality of status and of opportunity;
And to promote among all
Fraternity assuring the dignity of 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 ourselves this constitution”
? 42nd amendment: “Socialist Secular and integrity” was added to preamble.
? Drafting Committee was appointed on 1947, August 29. First draft published on 1949, February. Members : BR Ambedkar(Chairman), N Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, KM Munshi, Sayed M Saadullah, N Madhav Rao(replaced BL Mitra), TT Krishnamachari (replaced DP Khaitan)
Evolution of Indian Constitution
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.
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.