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Polity

The document outlines the historical context and significant legislative acts that shaped India's governance from British colonial rule to independence. Key acts include the Charter Acts, Government of India Act, and Indian Independence Act, which established various administrative frameworks and introduced local representation. The document also discusses the formation of the Indian Constituent Assembly and its role in drafting the Constitution of India.

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0% found this document useful (0 votes)
7 views21 pages

Polity

The document outlines the historical context and significant legislative acts that shaped India's governance from British colonial rule to independence. Key acts include the Charter Acts, Government of India Act, and Indian Independence Act, which established various administrative frameworks and introduced local representation. The document also discusses the formation of the Indian Constituent Assembly and its role in drafting the Constitution of India.

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'G &chisi,e fur Vnr■nd■ Rae■ s,i:.t~ni:~·' " .

V<ira nda ITI Ace 1


KNDWlEDGE CHECK I
. I
POLITY • The English East India Company
cease
d
commercial agency in India In oth to be a
fu ct' h d ..
· er wor s, 1t would
n ion ereafte r as the political agent for the Crown.
HISTORICAL BACKGROUND
CHARTER ACT l.853
• The British came to India in 1600 as traders, i~ the form
of East India compa ny, wh ich had the exclusive right of • This _'1as the last of the series of Charter Acts. It was a
trading in India under a charter granted by _Queen significant constit utional landmark
Elizabeth 1 . • It separated, for the first t ime, the iegislative and
COMPANY RULE: (1773-1 858) exec1,1tive functio ns of the Gove(nor-General's council.
CROWN RULE : (1858-1 947) • It introdu ced an open compe tition system of selection
INDIAN INDEPENDENCE ACT OF 1947 and rec:rultm ent of civil servants
• M.N.ROY put forth the idea an Indian constit uent • the Macau lay Commi ttee (the Commi ttee on the Indian
assembly for framing of constit ution of India for and Civil Service) was appoin ted in 1854.
according to Indians • · Introdu ced, for the first time, local represe ntation in
the Indian (Central) Legislative Council
REGUL ATING ACT 1773
CROW N RULE (1858~ 1947)
• it was the first s~ep taken by the British Governmer:it
to
contro l and regulat e the affairs of the East India GOVER NMENT OF INDIA ACT 1858
Compa ny in India
• Queen 's Proclam ation in the same year signify this
• it recogn ised, . for the first time, the politica l and change i["I ·the Indian admini stration . The Queen's
admini strative functio ns of the Compa ny
Proclam ation remain ed the basis of the British policy in
• it laid the founda tions of central admini stration in India
India for more than 60 years
• · It design ated the Govern or of Bengal as the 'Gover
nor- • The act known as the Act for the ·Good Govern ment of
Genera l ot'Beng al
India, abolished the East India Company, and
• govern ors of Bomba y and Madras presidencies
transfe rred the powers of govern ment, territor ies and
subord inate to the govern or-gen eral of Bengal, ·
, rev.enues to the British Crown.
• The first such Gove rnor-G eneral was Lord Warren
• It changed the design ation of the Govern or-Gen eral of
Hastings
India to that of Viceroy of India
• It provid ed for the establi shmen t of a Supreme Court
at • Lord Canning thus became the first Viceroy of india.
Calcut ta (1774) ·

• It ended the system of double govern ment by abolish ing
SIR ELIJAH IMPEY was the first chief justice
• It streng thened the contro l of the British Govern ment the Board of Contro l and Court .o f Directo rs.
• It q e~ted a new office, Secretary of State for India
over the COJJlpany by requiri ng the Court of 0ire.c tors
... . _
I NDIAN COUNC IL ACT 1861
PITTS INDIA ACT 1784
ff The Indian Councils Act of 1861 is an import ant
• To rectify the defects of the Regula ting Act of 1773,
the landma rk in the constit ~tional and politica l history
British ·Parlia ment passed the Amend ing Act ·of 1781, of
. India.
also known as the Act of Settlem ent.
• a provisi on was made for the inclusio n of Indians
• It disting uished betwe en the comme rcial and politica in the
l .Legisla tive Counci l
functio ns of the Compa ny
• this Act was an import ant constit utional develo pment
• it allowe d the Court of Directors to manag e · the
arid the people of India came to be involve d in the law
comme rcial.a ffair~ but create d a new body called 8o~rd
of Contro l to manag e the polit.ica l affairs. Thus, making process
it • . In 1862, Lord Canning, the then viceroy , nomina
establ ished a system of double govern ment. ted
" three indians to his legislat ive counc il-the Raja
• the Compa ny's t;rritor ies in India were for the first of
time ·sanara s, the Mahara ja o(Patia la and Sir Dinkar Rao
called the 'British posses sions in India
• It initiate d the process of decent ralisati on by restori
ng
CHARTER ACT 1813 ~he legislat ive powers to the Bomba y and Madras
Presidencies
• Manop oly rights of ·British east India compa_n y
was ·
• It also gav~ a recogn ition to the 'portfo lio' system
abolish ed ,
introdu ced by Lord Cannin g in 1859 -
• _It provid ed one lakh of rupees annua lly for
the
• It empow ered the Vicero y to issue ordinan ces.Th
promo tion of Indian educa tion e life
of such an ordina nce was six month s.
CHARTER ACT 1833
INDIAN COUNCIL ACT 1892
• This Act was the final step toward s centra lisation
in
It increas ed the functio ns of legisla tive councils ·and
British India. •
• The Govern or-Gen eral of F-ort William was here gave them the power of discussing the b~dget
called 'the Gov~r nor - Gener al of India' .
after
• a
'The act made limited and indirec t provisi on for the
• William Bentic k was the first Gover nor-Ge neral of use of electio n i~ filling up some of the non-of ficial seats
India
• A Law Memb er was appoin ted to the Gover both in the Centra l and provinc ial legislat ive council s
nor-
The word "electi on" was, howev er, not used in the act
Gener al's Counc i t. • The proces s was describ ed as nomina tion made on
.
• T. B. Macau lay was the first Law Memb er of the
the
Gover nor- Gener al-in-C ouncil recom menda tion of certain bodies .

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MINTO MORLEY REFORM 1909


V<tranda \TI ACE
--··---- -
KNOWLEDG~HE; J
INDIAN INDEPENDENCE ACT OF 1947
• The Indian Councils Act of 1909 was also k •
M' nown as • Lord Mountbatten, the viceroy of India, put forth the
into- Morley Reforms in the names of lord Morley,
the. Secretary of State for India and lord M ' t h partition plan, known as the Mountbatten Plan . The •
Governor-General of India in o, t e
plan was accepted by the Congress and the Muslim
• ~ommunal ~epresentation was for , the first time League. Immediate effect was given to the plan by .
introduced in the interests of Musi' S enacting the Indian Independence Act
1ms. eparate
electorates were provided for the Muslims • .It abolished the office of viceroy and secretary of state
• lord Minto came to be known as the Father of for india
Communal Electorate. .• it empowered the Constituent Assemblies of the two
• An Indian member was appointed for the first time to dominions to frame and adopt any constitution for their
the Governor-General's Executive Council respective nations
• Saty~o dra ~rasad Si~ha became the fi_rst Indian to join • It provided for the governance of each of the dominions
the Viceroy s Executive Council. He •was appointed as and the provinces by the Government of India Act of
the law member ·
1935, till the new 'Constitutions were framed. The
MONTAGU CHELMSFORD 1919 dominions were however authorised to make
modifications in the Act.
• Montagu was the Secretary of State for India and Lord
Chelmsford was the Viceroy of India • It discontinued the appointment to civil services and
• Diarchy was introduced in the provinGes. Provincial reservation of posts by the secretary of state for India.
subjects were divided into "Reserved Subjects" such as The members of the civil services appointed be.fore
police, jails, land revenue, irrigati~n and forests and August 15, 1947 would -~ontinue to enjoy cill benefits
"Transferred Subjects". such as education, local self~ that they were entitled to till that time
government, public health, sanitation, agriculture and • Lord Mountbatten became the first governor-general of
industries the new Dominion of India.
• A bicameral (Two Chambers) legislature was set up at ·• He swore in Jawaharlai Nehru as the'first prime minister
the centre. It consisted of the Council of States and the of independent India.
Legislative Assembly • The Constituent Assembly of India' formed in • 1946
• The salaries of the Secretary of State for India and his became the Parliament of.the Indian Dominion
assistants were to be paid out of the British revenues.
So far, they were paid out of the Indian revenues FIRST CABINET OF FREE INDIA
• A High Commissioner for India at London was appointed ~ ~ ! I ) l~l'1'/~'""1'Ati?~/K/41~it::; , ,,~7:g1};,5:J~?}/:t!,:
GOVERNMENT OF INDIA ACT 1935
~fl ~:i¼}J~ ¥.il'?~i;i§5,~:!:(i;,x;r~JfJi;:d~~<~-t
Jawaharlal Nehru Prime Minister; External · Affairs &
• Provision for the· establishment of an All India Commonwealth Relations; Scientific
Federation at the Centre, consisting of the Provinces of
Research
British India and the Princely States
• Divfsion of powers into three lists: Federal, Provincial Sardar Vallabhbhai Home, Information & Broadcasting;
and Concurrent. Patel States
• Introduction of Dyarchy at the Centre D_r. Rajendr~ Prasad Food & Agriculture
• intr.oduction of Provincial Autonomy in the provinces
Maulana-Abul Kalam Education
• Extension of the principle of Separate Electorates to
Sikhs, Europeans, Indian Christians and Anglo Indians Azad

• Es.itblishment of a Federal Court at Delhi with a Chief Dr. John Mathai Railways & Transport
Justice and 6 judges
R.K. Shanmugham Finance
1n3 The Regulating Act
Chetty
1750 - 1800 1784 The Pitts India Act
Dr. B.R. Ambedkar Law
1793 The Charter Act
Jagjivan Ram Labour
1813 The Charter Act
1800 -1850 .Sardar Baldev Singh Defence
1833 The Charter Acl
Raj Kumari Amrit Health
Constitutional 1853 The C~arter Act
Kaur -
Developments 1--- - - - , 1858 The Government of India Act
1850 -1900 1861 The Indian Councils Acl C.H. Bhabha Commerce
1892 The Indian Councils Act
Rafi Ahmed Kidwai Communication
1909 The Indian Councils Act
(Minto-Morley Reforms) Dr . Shyam Prasad Industries & Supplies
. 1919 The Government of India Act
1900 -1950 (Montford Reforms) Mukherji
1935 Government of India Act
V.N. Gadgil Works, Mines & Power

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KN□WLEDGE CHECK
Vdranda : 'RACE ___ j

• The Constitut ion-make rs had gone through the


constitut ions of about 60 countries, and the Draft
MAKING OF CONSTITUTION
. t assembly drafted the Constitut ion was considered for 114 d'2'.s~
Indian const1tuen .
Members o f t h e nuent assembly given • The total expendit ure incurred on making the
. Idea of the cons '
Indian constitution . Constitut ion amounte d t o ~
by M,N.ROY • on January 24, 1950, the Constitue nt Assembly held its
. fin alsession . It, however, djd not end, and continued as
COMPOSITION
ly was constituted in November th\? provisio§ l_il.arlia~ .rit of India from January 26,
b .
, h C nstituent Assem
h e formulated by the Cabinet
• T e o
- - . 1950 till the formatio n of new Parliame nt after the first
1946 under the sc em
general elections in 1951-52 .
Mission Plan to
~---,- I- th of the- Constituent Assembly was ..
• The tota streng
to British
COMMITTEES.OF THE CONSTITUENT ASSEMBLY
be 389. Of thes!!, 296 seats were to be allotted

India and 93.seats to the Princely States. Major Committees


• Out of 296 seats allotted to the British India, 29~
• Union Powers Committe e - Jawaharlal Nehru
members were to be drawn from the eleven governors
• u_nion Constitut ion Committe e - Ja~aharl al Nehru
provinces and four from the four chief commissioners'
• Provincial Constitut ion Committe e - Sardar Patel
provinces .
• Drafting Committe e - Dr. B..R. Ambedka r
WORKiNG OF THE CONSTITUTION • Advisory Committe e or1 Fundame ntal Rights, Minoritie s
• The Constituent Assembly held its first meeting on and Tribal and Excluded Areas - Sardar Patel. This

December 9, 1946 committe e had the following five sub-committees:


• Dr S achchid~ ~ Sioba, the oldest member, was • Fundamental Rights Sub-Committee -J.B. Kripalani
· elected as the temporar y President of the Assembly, ·• . Minoritie s Sub-Committee - H.C. Mukherje e
following the French practice • North-East Frontier Tribal Areas and Assam Excluded &
• Rajendra Prasad was elected as the President of the Partially Excluded Areas Sub-Com mittee - Gopinath
A~ ly .
Bardoloi
• H.C. Mukh~rjee~ nd V.T. Krishnamachari were elected • Excluded and Partially Excluded Areas (Other than those
as the Vice-Presidents in Assam) Sub-Com mittee - A.V. Thakkar
• SIR B N RAU was the constitutional advisor
.- - - -- • North-West Frontier Tribal Areas Sub-Committee
Objective Resolution • Rules of Procedure Committe e - Dr. Rajendra Prasad
• States Committe e (Committ ee for. Negotiati ng with
• On December 13, 1946, Jawaharlal Nehru moved the
historic 'Objecti;~ ~-R~s~lut ion; in the Assembly . States) - Jawaharlal Nehru

• It laid dow~h e fundamentals and philosophy of the • Steering Committe e - Dr. Rajendra Prasad

constituti onal structure · Minor Committees


• This Resolution was unanimously adopted by the
1. Finance and Staff Committe e - Dr. Rajendra Prasad
Assembly on January 22, 1947
v~~ Prea~~le of the present 2. Credentials Committe e - A/fadi Krishnaswami Ayyar
• Its modified
3. House Committe e - B. Pattabhi Sitaramayya
Constitut ion
4. Order of Business Committe e - Dr. K.M. Munshi
Changes by the Independence Act
5. Ad, hoc Committe e on the National Flag - Dr. Rajendra
• The Assembly was made a fully ~overeign body, which Prasad •
could frame any Constitution it pleased 6. Committee on the Functions of . the Constitue nt
• The Assembly also became a legislative body Assembl y- G.V. Mavalankar
• Whenever the Assembly met as the ~onstitue nt body it 7. Ad-hoc Committe e on the Supreme Court - s.
was chaired by Rajendra Prasad and when it met as the Varadachari (Not an Assembly Me~ber)
legislative body it was chaired by G V Mavlankar 8. Committee on Chief Commissioners' Provinces - B.
~~--- "'!"---
Constituent Asse·mbly Other Function Performed Pattabhi Sitaramayya
9. Expert Committee on the Financial Provisions of the
• It ratified the India's membership of the
Union Constitution - Nalini Ranjan Sarkar (Not an
Common ~ ealth in{~ y 1949.
Assembly Member) ·
• It adopted the national flag on July ll,..19.4,Z.
10. Linguistic Provinces Commission - S.K. Dar (Not an
• It adopted the national anthem on January 24, 1950.
Assembly Member)
• It adopted the natio~ ~n January 24, 1950.
11. Special Committee to Examine the Draft Constitution -
• It elected Dr Rajendra Prasad as the first President of
Jawaharlal Nehru
.India on January 24, 1950. .
12. Press Gallery Cor,;imittee - Usha Nath Sen
• the Constitue rrtAssembly had 11 sessions over _!yt.o
13. Ad-hoc Committee on Citizenship - S. Varadachari
years, l ~ onths and 18 days.

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Vii randa !.RACE KNOWLEDGE CHECK i

• Beohar Rammanohar Sinha illuminated, beautified and


• Drafting Comm·tt .
ornamented th~ original Preamble calligraphed by Prem
• It consisted f ' ee set up on August 29,.1947
1 o seven members. Behafi Narain Raizada .
. . Dr BR Ambedkar (Chairman}° • The calligraphy of the Hindi version of the original
2. N Gopal aswamy Ayyangar constitution was done by Vasant Krishan Vaidya and
3. Alladi Krishnaswam.y Ayyar elegantly-decorated and illuminated by Nand Lal Bose.
4 · Dr K ~ Munshi

5. Syed Mohammad Saadullah


6· N Madhava Ra (H TENSE .
. u e replaced B L Mitter who
resigned due to ill-health)
7. TT Krishnamachari (He replaced DP Khaitan who 1. By this tirrie next year/ I will had graduated from college
died in 1948) / and starting my first job/ in the fieid of marketing.
• . .
the first draft of th e Const1tut1on of India which was (a) in the field of marketing
.
published in Feb · 1948. T.he Drafting ' Committe
ruary e · (b) and starting my first job
took less than s· h ·.
ix r:nont s to prepare its draft. In all it sat (c) By this time next year
only for 141 days. ·
(d) I will had graduated from college
ENACTMENT . (SSC CGL 2024) i-

• Dr B R Ambedkar introduced the final draft of the 2. We/ has seen / that movie/ before.
Constitut ion in the Assembly (a) has seen
• The motion on .Draft Constitution wa~ declared as (b) before
passed on November 26, 1949, (c) that movie
• Out of a total 299 members of the Assembly, only 284 (d)We
were actually present on that day and signed the (SSC CGL 2023) I
Constitut ion
3. It is time someone takes concrete steps to alleviate the
• It contained a Preamble, 395 Articles and 8 Schedules
problem of unemployment in the country.
• Dr B R Ambedka r is recognised as the 'Father of the ·
Constitut ion of India'. This brilliant writer, constitutional (a) the problem of unemploy ment

expert, undisputed leader of the scheduled castes and (b) It is time someone takes
the 'chief architect of the Constitution of India' is also (c) in the country
known as a 'Modern Manu' (d) con 6 ete steps to alleviate
(SSC CPO 2023) !
Enforcem ent
4. They will not attend/ the event/ as they're going/ away
• the Constitut ion came into force on January 26, 1950
at end of April.
• January 26 was specifically chosen as the 'date of
commen cement' of the Constitution because of its (1st-Shift) (a) They will not attend

historical importance. It was on this day in 1930 that (b) away at end of April.

Purna Swaraj day was celebrated, following the (c) as they're going
resolutio n of the Lahore Session (December 1929) of the (d) the event .
INC (SSC CPO 2023) ;

Importan t Facts 5. You arrived two days ago. By the tfme you leave, you will
have spent nine days here.
• Elephant was adopted as the symbol (seal) of the
Constitue nt Assembly. (a) You arrived two days ago

• Sir B.N. Rau was appointe d as the constituti onal advisor (b) you will have spent nine days here
(Legal advisor) to the Constitue nt A~$embly. (c) By the time you leave
• H. V.R; Iyengar was the Secretary to th~ Constitue nt (d) No error
,--- - - - - - - - - - - - -(SSC CPO 2023}
··--·-•-- ... ..
I
Assembly . . _ _ _ _I

• S.N . Mukerjee was the chief draftsman of the


6. He has been / excused by the teacher / by the time a
constitut ion in the Constitue nt Assembly
formal complain t/ for bullying was made.
Prem Behari Narain Raizada was the calligrapher of the
• (a) excused by the teacher
Indian Constitut ion. The original constituti on was
(b) for bullying was made ·
handwrit ten by him in a flowing italic style.
(c) by the time a formal complain t
• The original version was beautified and decorated by
-(d) He has been
artists from Shantinik etan including Nand Lal Bose and
2022)!
Beohar Ramman ohar Sinha. I (SSC CHSL

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POLITY

SOUR_
CE OF THE CONSTITUTION

Sources Features Borrowed


Government of India Act Federal Scheme, Office ofgovernor, Judiciary, Public Se~ice Commiss
ions, Emergency
1. of 1935 provisions and administrative details.
Parliamentary government, Rule of Law, legislative procedure, single citizensh
, ip, cabinet
./ 2. British Constitutionsystem, prerogative writs, parliame ntary privileges and bicameralism .
.,..,,. Fundamental rights, independence of judiciary, judicial review, impeach
ment of the
3. US Constitution president, remova_ l of Supreme Court and high court judges and post of vice - president.
4. Irish Constitution , Directive Principles of State Policy, nominat ion of members to Rajya Sabha
and method of
election of p"fesident.
Federation with a strong Centre, vesting of residuary powers in the Cent_
re, appointment
I s. / ·canadian Constitution of state governors by the Centre, and advisory jurisdiction of the Supreme
Court.
/ 6. / Australia n Constitu tion Concurr ent List, freedom of trade; commerce and inter- course, and joint
' sittin_
g of the two \
Houses of Parliament. . _ . · .
Weimar Constitu tion of _Suspension -of Fundamental Rights during Emergency.
7. German y
8. Soviet Constitu tion Fundame Ql:al duties and the ideal of justice (social, economic
arid political) in the
(USSR, now Russia) Preamble.
I 9. French Constitu tion ·
South_African
Republic and the ideals of liberty, equality and fraternit y in the Preamble
Procedure for amendm ent of the Constitutio~ and election of member
.
s of Rajya Sabha .
10. Constitu tion
11 Japanese Constitu tion Procedure established by Law.
'

Numbers Subject Matter Articles


Covered
First 1. Names of the States and their territoria l jurisdicti on.
1 and 4 ·
Schedule 2. Names of the _
Union Territorie s and their extent
Provisions relating to the emolume nts, allowances, privHeges and so
on of: 59, 65,
The Presiden t of India
75, 97, ·
The Governo rs of States :
125,
The Speaker and the Deputy Speaker of the Lok Sabha
148,
Second The Chairman and the Deputy Chairman of the_ Rajya Sabha
158,
- Schedule The Speaker and the Deputy Speaker of the Legislative Assembly in the
states 164,
The Chairman and the Deputy Chairman of the Legislative Council in
the states 186 &
The Judge_s of the Supreme Court 221 ·
The Judges of the High Courts
The Comptro ller and Auditor- General of India
Third Forms of Oaths or Affirma.tions for: 75, 84,

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~ V<tranda \ 'RACE KNOWLEDGE CHECK
Schedule
The Union ministers
~-· ~. -· - -- -~,.~-- - - ·--~ --~--·- _. ... -··~--·
~

99,124,
The ca nd idates for election to the Parliament
146,
The members of Parliament
173,
T_he judges of the Supreme Court
188 and
The Comptroller and Auditor-General of India
219
The state ministers
The candidates for election to the state legislature
The members of the state legislature
The judges of the High Courts
Fourth
Allocation of seats in the Rajya Sabha to the states and the union 4 and
territories .
Schedule
80
Fifth Provisions relating to the administration and c~ntrol of schedule
d areas and scheduled tribes.
Schedule
' 244
Sixth Provisions relating to the adminis~ration of .tribal areas in the
states of Assam, Meghalaya,r 244 and
Schedule Tripura and Mizoram. 275
Division of pqwers between the· Union and the States in terms of
List I (Union List), List 11 (State 246
Seventh List) and List Ill (Concurrent List). Presently, the Union list contains
100 subjects (originally 97),
Schedule the state list contains 61 subjects (originally 66) and the concurre
nt list contains 52 subjects
(originc!IIY 47).
Languages recognized by the Constitution . Originally, .i t had 14
languages but presently th ere
are ?2 languages. They are : Assamese, Bengali, Bodo, Dogri (Dongri),
Gujarati, Hindi, Kannada, 344 and
Kashmiri, K~nkani, Mathili (Maithili), Malayalam, Manipuri, Marathi,
Nepali, Odia, Punjabi, 351
Eighth · Sanskrit, Santhali, Sindni, Tamil, Telugu and Urdu. Sindhi was added
by the 21't Ame nd ment Act
Schedule of 1967; Konkani, Manipuri and Nepali were added by the 71st
Amendm ent Act of 1992; and
Bodo, Dongri, Maithili and San~hali were added by the 92nd Amendm
ent Ac_ t _of 2003. Oriya was
renamed as 'Odia' by the 961h Amendment Act of 2011.
Acts and Regulations (originally
13 but presentiy 282) of the state legislatures dealing with land
reforms and abolition of the zamindar'i system and of the Parliame
nt dealing with other matters. 3'1-B
Ninth This schedule was added by the ist Amendment (1951) to protect
the laws in_cluded in it from
Schedule judicial scrutiny on the ground of violation of fundamental rights.
However, in 2007,_the Supreme Court ruled th1!t the laws included
in this schedule afte_r April
24, 1973, are now open to judicial review. . .
Provisi_ons relating to disqualification of the members of Parliam·
Tenth e nt and State legislatu res on
the ground of defection . This schedule was added by the 52 nd
Amendm ent Act of 1985, also 102 and
Schedule .
known as Anti- defectio n Law . .
191
Specifies the powers, authority and responsibilities of Panchay
ats . It has 29 matters. This
Eleventh schedule was added by the 73 rd Amendm ent Act of 1992.
243-G
Schedule
Twelfth Specifies the powers, authorit y and responsibilities of 'Municip
alities. It has 18 matters. This 243-W
Schedule schedule was added by the 74th Amendm ent Act of 1992.

-
PARTS OF THE CONSTITUTION

;, "I ,.. : , ~ ~
·Parts · Subject Matter Articles Covered
I nM Union and its territory
1 to 4
•• i ,II , · , ~i~iz)as,hip .
'. .'• · (,ff .. Fundam ental Rights
5 to 11
12 to 35
IV Dlr(}Ctive Principles of State Policy
36 to 51
IV-A Fufl damenta l Duties
51-A
V The Union Governm ent
52 to 151
Chapter I - The Executive
52 to 78
Chapter II - Parliament
79 to 122
Chapter Ill - Legislative Powers of President
123
Chapter IV- The ·union Judiciary
124 to 147
Chapter V - Comptro ller and Auditor-General of India
148 to 151

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i
,. Veranda I °RACEi ____ _ KNDWLE_DGE CHEC~ ·.
VI The State Governments
152 to 237
Chapter 1- General
152
Chapter II _ The Executive
153 to 167
Chapter Ill - The State Legislature
168 to 212
Chapter IV- Legislative Powers of Governor
213
Chapter v _the High Courts
214 to 232
Chapter VI- subordinate Courts
233 to 237
The States in Part B of the First Schedule (deleted)
VII (238 - delete(D)
VIII The Union Territories
239 to 242
IX The Panchayats
243 to 243-0
IX-A The Municipalities
243-P to 243-ZG
IX-B The Co-operative Societies
.243-ZH to 243-ZT
X The Scheduled and Tribal Areas
244to 244-A
XI Relations between the Union and the States
245 to 263 ' .

Chapter I - Legislative Relations 245 to 255


Chapter II - Administrative Relations
256 to 263
XII Finance, Property, Cont racts and Suits
264 to 300-A
Chapter I - Finance 264 to 291
. Chapter II - Borrowing . 29:2. to 293
Chapter Ill - Property, Contracts, Rights, Liabilities, Obligations and Suits
294to 300
Chapter IV - Right to Property 300-A
XIII Trade, Commerce and Intercourse within the Territory of India
301 to 307
XIV Services under the Union and the States 308 to 323
Chapter I - Services 308 to 314
Chapter II - Public Service Commis~ions
315 to 323
XIV-A tribunals
· 323A to 323B
xv Elections
324to 329- A
XVI Special Provisions relating to Certain Classes
330to 342
XVII Official Language
343 to 351
Chapter I - Language of the Union
343 to 344
Chapter II - Regional Languages
345 to 347
Chapter 11r-Language of the Supreme Court, High Courts, and so on
348 to 349
Chapter IV-Specia l Directives
350 to 351
XVIII Emergency Provisions
352 to 360
XIX Miscellaneous
361 to 367
xx Amendmen t of the Constitution 368 -
XXI Temporary,_Transitional and Special Provisions
369 to 392
XXII Short title, Commence ment, Authoritativ e Text in Hindi and Repeals
393 to 395

• Part VII (dealing with Part~B states) was 9eleted by the 7th Amendment Act (1956).
• On the other hand, both Part IV-A and Part XIV-A were added by the 42 nd Amendmen
Fr:.e· le.,J a~· d .
t Act (19-76)
• Part IX was added by .the 73 th Amendment Act (1992), 3°!~
• Part IX-A was apded by the 74th Amendment Act (1992), Hll -fi,r"-'t~\~ -S\
• Pa~ IX-B was added by the 97 th Amendment Act (2011). vJ~'C' \1-~V fl
~ ·
AMENDMENTS
i.-t ':t
• Like any other w ritten Constitution , the Constitution of India also provides for its
amendmen t in order to adjust itself to
the changing conditions and needs
• Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend
the Constitution and its procedure
• the Parliament cannot amend those provisions which form the 'basic structure'
of the Constitution . 1his was ruled by the
Supreme Court in the KESAVANANDA BHARAT! case (1973).

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V<tran da I'RAC E KNOWLEDGE CHECK
• An amendm
ent of the Constitutio b. · • •
Parliament and , n can e m1t1ated only by the introduction of a bill for the purpose ·
• Th b' not in the state legislatures. in either House of
. e ,11 can be introduced . . . .
president. · ei th er by a minister or by a private member and does not requ jre
prior permission of the
• The bill must be a d .
me b h' p sse In each House by a special majority, that is, a majority (that
is, more than SO per cent) of the total
m ers 'P of the House and a ma1·ority of two-thirds of the member
• EKhH s of the House present and voting.
h . . ouse mu st pass the bill separately. In case of a disagreement · .
01 between the two Houses, there is no provision for
d~ng a joint sitting of the two Houses for the purpose of deliberation
• th and passage of the bill.
If e bill seeks to amend the federal provisions of the Constitution,
th st it must also be ratified by the legislatures of half of
e ates by a simple majority , that is, a majority of the members of
• the House present and voting.
After duly passed by both the Houses of Parliament and ratified
by the state legislatures, ;,._,Fiere necessary, the bill is
presented to the president for assent. .
• The president must give
his assent to the bill [24th AMENDMENT ACT 1971). He can neither
withhold his assent to the bill
nor return the bill for reconsideration· of the Parliament.2
• After the. president's assent, the bill ·
becomes an Act (i.e., a constitutional
ame nd ment act) and the Constitution stands am~nded in accorda
nce with the terms of the Act.
TYPES OF AMENDMENT

TYPES OF AMENDMENTS

l
BY SI MPLE MA,jORITY OF
PARLIAMENT (outside the
ambit of Article 368)
l
BYSPECIAL MAJORITY Of
PARLIAMENT (as per
l
BY SPECIAi. MAJORITY OF
· PARLl:.t..:E,:T ~
. RATIFICATION OFATLEST
. Article 368\ . . 1/20FSATATE
.LEGISLATURE (as P41'
Jptlcte368J
I
More tha n SO%ofthc

t
member> present& voting. 2./l rd of 1M total strcngt:O. 2/J r.l of tile total
" (orl 2/lrd-ol p,esent voting. ruangtll lor) 213rd of
Frequently L!Sed In prestnt voting• 112 of
uudformo stol thl! 1\ate ~lslature.
parllamentacy businHs &
Conscltullonal
wtt.nbws don'Opeci fy ArMnclmen l BillL IIHG 1a, Conlllllltio nal
wl!at type of majority.
~,..,.1111ment6'11$ ~•t
Eg : Removing the trios to dwlr;,, led em
£g: Formation ot new Compttoller & Auditor ruuc:\11....,
states :Telengana. General of India \CAG) {or)
theChiefE lection . £c :Topus;i
toinminlo ner (C[GI. tol\StlMlonal
amendrMnt t,;U that
· iffecufed en\bm~t ht
poslti~i, of Hl&h Court
Judgu..'

SIMPLE .MAJORITY OF PARLIAMENT • Conferment of more jurisdiction on the Supreme Court.


This provisions include: • Use oyofficial language.
• Citizenship~acquisition and termination.
• Admission or establishment of new states.
Formation of new · states and alteration of areas, • Elections to Parliament and state legislatures .
• • Delimitation of constituencies .
bounda ries. or names of existing states.
Abolition or creation of legislative councils in states. • Union territories .
• Fifth Schedu le-adm inistrat ion of scheduled areas and
• second Schedu le-emo lument s, allowances, privileges
scheduled tribes .
and so on of the president, the governors, the Speakers,
judges, etc.
• Sixth Schedu le-adm inistrat ion of tribal areas .

Quorum in Parliament. SPECIAL MAJORITY OF PARLIAMENT


• .
Salaries and allowances of the members of Parliament . The provisio~s which can be amended by this way

• Rules of procedu re in Parliament . includes :
Privileges of the Parliament, i:s members and its • Fundamental Rights

commi ttees. • . Directive Principles of State Policy
Use of English language in Parliament. • All other provisions which are not covered by the first

Numbe r of puisne judges in the Supreme Court . and third categories.

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ij
vct,anda I 'RACG KNOWLEDGE CHECK
SPECIAL MAJORITY OF PARLIAMENT AND CONSENT OF Twelfth Amendment Act, 1962
STATES
• Added Goa, Daman and Diu to the Indian Union .
~II I
The to ow ng pr ovi' sions can be amended In this way :
• Election of the President and Its manner. Thirteenth Amendment Act, 1962
Extent of the executive power of the Union and the Made Nagaland a state and provided special provisions
states. for it.
Supreme Court and high courts.
Fourteenth Amendment Act, 1962
Distribution of legislative powers between the Union
and the states . • Added Puducherry to the Indian Union.
• Any of the lists in the Seventh Schedule . • The Union Territories· of Himachal Pradesh, Manipur,
Representation of states In Parliament. Tripura, Goa, Daman and Diu, and Puducher ry are
• Power of Parl iament to amend the Constitution and its provided with legislatures and a council of ministers.
procedure (Article 368 itself).
Seventeenth Amendment Act, 1964
IMPORTANT AMENDMENTS
• Made fair compensation (based on market value)
First Amendment Act, 1951
compulsory for the state for the acquisition of privately
• It empowers the states to make socio-economic justice · cultivated land.
with socially and economically backward classes. • Added 44 other Acts in the Ninth Schedule.
• It was aimed at land reforms and Zamindari abolition.
Eighteenth Amendment Act, 1966
• Added the ninth schedule to protect anti-zamindari
laws from judicial review. • provided that the Parliament can form a new state by
• Added public order, · friendly relations with foreign uniting a part of a state or a union territory to another .
states, and incitement to an offense as the additional . state or union territory.
grounds for reasonable restrictions on the freedom of • Created Punjab and Haryana as new states.
speech and expreision. It also made it justiciable.
Twenty-First Amendment Act, 1967
• It provided that state trading and nationalization of any
basiness would not be cQnsidered against the right to • Added Sindhi as the 15th language in the Eighth
trade or business. Schedule.
Fourth Amendment Act, 1955 Twenty Fourth Amendment Act, 1971
• Empowered state to nationalize any trade. • Reasons for this amendment: This Amendment Act was
• Provided that the compensation amount given by the brought in the aftermath of the Golaknath case (1967)
state for the acquisition of property, can not be ·
in which the Supreme Court held that the Parliament
challenged in court on the grounds of insufficiency.
could not take away any fundamental rights through
• Added more laws in the ninth schedule and expanded
the constitutional amendment.
the scope of article 31 (A) .
It made it clear that the parliament has the power to
Seventh Amendment Act, 1956 amend any part of the constitution including article P
• Reorganized the Indian states as 14 states and 6 UTs. by using article 368.
Abolished the old A, B, C, and D categorization of states. • Made it obligatory for the President to give assent to a
• Provided the common high court for two or more Constitutional Amendment Bill.
states, and extended the jurisdiction of HC to UTs. Also
Twenty-Fifth Amendment Act, 1971
provided additional acting judges to HC
• Curtailed the fundamental right to property.
Ninth Amendment Act. 1960
• It made it clear that a law made to fulfil the provisions
Facilitated the cession of Indian territory of Berubari Union of the Directive Principles contained under Article 39 (B)
(located in West Bengal) to Pakistan as provided in the Inda- or (C) cannot be challenged on the ground it violates the
Pakistan Agreement (1958). fundamental rights given in Articles 14, 19, and 31.
Tenth Amendment Act, 1961 Twenty-Sixth Amendment Act, 1971
• Acquired the Dadra, Nagar· and Haveli as a Union
• It removes the privy purses and privileges of the former
Territory from Portugal.
monarchical rulers of princely states.
Eleventh Amendment Act, 1961
Thirty First Amendment Act, 1973
• Provided the new procedure of election for the vice
An increase in the population of India was revealed in
president by introducing an electoral college.
the Census of 1971.
• Also clear that any vacancy in the appropriate electoral
Increased the number of Lok Sabha seats from 525 to
college would not be the reason to challenge the
election of the President or vice president. 545 .

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veranda I 'r~ACE I\NUnLcuuc .L.rlLLII\ ,
...., .... ,,:s~~--- - - - - - - - - - - - -- -- - - ------.:..-J
Thirty-Third Amendment Acti 1974
• Raised the.one-time duration of the President's rule in
• It changed Articles 101 and '190 a.nd provided that The . a state from earlier 6 months to one year .
Chairman/Speaker of the house can reject the • · Created the All-India Judicial Service.

resignation df MP if he found it ingenuine or non- Forty-four Amendment Act; 1978


volu~t ary. ·
• This was also \he •con:iprehensive amendment which
Thirty-Fifth Amendment Act, 1974 . was mainly brought to undo the actions of the 42nd
a~endment. It also introduced some important
,• It changed the protectorate status of Sikkim and
provisions.
· assigned it a status of an associate state of the Indian
• Chang~d the term of the Lok Sabha and the state
Union.
iegislative assemblies again to the original 5 years.
• The Tenth Schedule was added to ·fix the terms ·and
• Provided the president can send back the advice of the
conditions of such engagement of Sikkim with the
cabinet for reconsideration. ·
Indian Union.
• • changed the phrase "internal disturbance" with "armed
Thirty-Sixth Am4:!ndment Act, 1975 rebellion" as a ground to proclaim a national

• emergency.
Gave a full-fledged State status to Sikkim and repealed
Removed.· the right to property from the list of
the Tenth S~hedule. •
Fundamental Rights and provided it only as a legal right.
Thirty-Eighth Amendment Act, 1975 Provided th~t fundamental rights .under article~ 20-21

• Provided that the declaration of emerg~ncy ' by the cannot be suspended during a national emergency.

President cannot be challenged in a court of law. Fifty-second Amendment Act, 1985


• . Provided that the promulgation of ordinances by the
The Tenth ·schedule was added a_s a measure to the anti-
President, gov_ernors, and administrators of Union •
defection issues.
'
territories cannot be challenged ir:i a court of lav.( .

• Provided that the President could dedare different Sixty-First Amendment Act, 1989

proclamations of national emergency 6n different • The legal voting ag~ changed from 21 tQ 18years for Lok·
grounds simultaneously. Sabha as well as Legislative Assemblies.

Forty-second Amendment Act, 1976 Sixty-ninth.Amendment Act 1991

.• It is also known as the 'Mini-constitution', as it made • It provided f special st~tus to Delhi as the 'Natibnal
. very comprehensive changes to the J:onstit~tion of . Capital Terl"itory of Delhi.'
· India. • . Provided a legislative assembly and the council of
• It amended the preamble and added the words - .ministers for Delhi.
socialist; secular, and integrity.
~eventy-fir~t Amendment Act 1992
• Added Fundamental Duties for the citizens by including
• . Added Konkani; Manipuri, and Nepali languages in the
new Part IV A:
Eighth Schedule.
• Exclusively made cabinet advice binding on the
president. Seventy-Third Amendment Act 199i
• . By adding Part XIV A, it provided for administrative . • Provided constitutional status for _the Panchayati Raj
tribunals ari~ tribunals for other matters institutions.
• It froze the seats for the Lok Sabha and state legislative • Added Part-IX and.11th Schedule
assemblies sensus till 2001, on the basis of 1971.
Seventy-fourth Amehdment ·Act 1992
• Restricted the judicial review for the constitutional
amendment act. • Provided constitutional status for the Urban local .

Limited the power .of judicial review arid writ bodies. ·



jurisdiction of the Supreme Court and high courts. .• Part IX-A and the 12th Schedule were added.
. .

• Increased the tenure of Lok Sabha and state legislative Eighty-sixth Amendment Act 2002
. .
assemblies from 5 to 6 years ..
• · Provided the Right to Education as a fundamental right
• , · Included new ~irective Principles - (A) equal justice and
(part Ill of the Constittition).
free legal aid, (B) participation of workers in the
0 • The new article inserted Article 21A which made free
managem~nt of industries, and (C) protecti on of the
and compulsory education for children between 6-14
environment, forests, and wildlife. ·
years.
Provided the_proclamation of national emergency now
• • Added a new Fundamental Duty under Article 51 A (k) .
for a part of the territory of India.

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.~- ·:: J: 1.·.·:
,¢.I

l?
' . . ., .. "·

Eighty-eighth Amendment Act 2003


~ ..
V<tranda I '~ACE
- ---- ----·------ -- ·----
-- -· -- i
KN□WLEDGE C~~~

• P(ovided Service Tax under Article 268-A - which was


levied by Union and collected and appropriated by the
~ -----~~lt
Union as well as the States.

Ninety-second Amendment Act 2003



1.11
~.a;ii1111::,.Q4~~.....,~~~~~"~w !
'I
• Added Bodo, Dogri (Dongri), Maithlli, and Santhali in
the Eighth schedule I
k1!!..'.._
1

, ,~
., I
·I
Ninety-fifth Amendment Act 2009- ~ THE PEOPLE OF_INDIA. hovin~ sotemnly !JI
I
·f resolvoo lo coOSlilulc Indio inlo o SOVEREIGN DEMO- ;
• Provided for the extended reservatiqn for the SCs and ! CRATIC REPUBUC ond 10 secure to oll ils citizens,
STs and special representation to the Anglo-Indian i JUSTICE, sociol.eoonomic und polilicnl,
community in the Lok Sabha and the state legislative f ! LIBERTY of thought, expression. belie( foith ond
assemblies for ten more years (Articl_e 334). r Uworship ; .,
Ninety-seventh Amendment Act 2011 Ji
!
. •I
EQ.~ ITYo~stelus ,lllld of opportunity:
ood lo promore lllnotlg.lhetn HI! . ' . -
• Part IX-8 added to the constitution for cooperative
~ FRATERNITY ~ss~r.ing the
!_ digii
. ily o(d!e individual '. f
societies and made it a constitutional right. f ;11nd the unity of the Natio!l , _ , . · ,
• The right to form cooperative soci_eties became a
fundamental ri?ht under Article 19.
!:; . IN OUR CONSj~~~NT_AS~~BLYthisl\felJtys;:.
· sixth qay of November,J949,do,. l:f.EJmBY ADOPT, '.-
• Article 43-8 was inserted as a DPSP to promote
ENACT ANI> .?}VE, ;.To OURSELVES nos f •[·
. cooperative societies .
CONSTITUTION. ,. · -· .,," , . " : ;, [
101st Amendment Act, 2016


'· l
Provided for Goods and Service Tax (GST).
INGREDIENTS
102nd Amendment Act, 2018
• Source: peopfe of india
• The National Commission for Backward Classes (NCB(C)
became a constitutional body.
• Nature:- sovereign, socialist, secular democratic and
republican
· 103rd Amendment Act, 2019
• Objectives: justice, libe~y, equality and fraterl}ity
• Granted 10% Reservation for Economically Weaker • Date of adoptio~: November 26, 1949
Sections of citizens of classes other than the classes SIGNIFICANCE OF THE PREAMBLE
mentioned in clauses (4) and (5) cif Article 15
• · Sir Alladi Krishnaswami Iyer '"The Preamble to our
104th Amendment Act, 2020
. Constitution expresses what we had thought or dreamt
• Changed the reservation of seats for SCs and STs in the so long'
Lok Sabha and state assemblies from Seventy years to . • K M Munshi," 'horoscope of our sovereign democratic
Eighty. 'republic'

• Ended the reservation of seats for the Anglo-Ind ian • Pandit Thakur Das Bhargava" 'The Preamble is the
community in the Lok Sabha and state assemblies. most p~ecious part of the Constitution. It is the soul of
the Constitution. It is a key to the Constitution. It is a
PREAMBLE
jewel set in the Constitutio·n. It is a proper yardstick with
which one can measure the worth of the Constitution'
• The American Constitution was the first to begin with a ·
Preamble • Sir Ernest Barker" Preamble as the 'key-note' ·to the
Constitution
• The Preamble to the Indian Constitution is based on the
'Objectives Resolution' • M Hidayatullah" It is the soul of our Constitution, which
lays down the pattern of our political society
• N A Palkhivala, a~ emin~nt jurist and constitutional
expert,.called ·the · Preamble as the 'identity car~ of the AMENDABILITY OF THE PREAMBLE
Constitution • Kesavananda Bharati (1973)
• It has been amended by the 42nd Constitutional
Preamble cannot be amended as it is not a part of the
Amendment Act (1976), Constitution
• : it added three new words- • Berubari Union {1960)
.■ socialist The Preamble can be amended, subject to the condition
• secular that no amendment is done to the 'basic features of the
• integrity constitution

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,• ) -. . - .. . .
··:<.:: ::. <-::>,,:-:·•/:::.,::\:'~:.\ .
·.; ~iti.::f ij\i:e:t~l and Unitary Features _·o f the Indian co·n stitu tion
; : ·,~a;; is a federal system but withmore. .istilt_som
tow ards a
u·n itary .system_. etin.,esof :
gov ernm en:t. • It
~o'nsidered a .quasi~federal system as it has feat ures .of
both _a fede~al and a unit ary s_ystem. Ar:ticle 1 ofth e
I on st ates, .'India, that _is Bha rat, _shall.' be ·_ •
Indian· Co~ stitu ti_
l
a unio n of states'. lhe wor d fede ratio n is not men tion ed
) in the Indian Con stitu tio•n. ·
3 .• · El.e men ts of federalis ·m -wer e intro duc ed . into ·~od ern
·. . . . . . . . . _; :

·Ind ia by the- _Gover1~ment of fndia Act of 1919, whic h


separated · powers . betw een the _·cen tre · and -~the ·
provincial l_egislatures.

Distribution of Powers ·

An essential feat ure of a ·federal con stitu tion is the


..
· . . . dist ribu tion of powers betwe'en the qmt ral gov ernm ent and
3
the governments o~ . t~e ·. severar· . unit s(pr ovin cial
1

f
governments) ·forrrting -the .federation~ Federation means
the dist ribu tion of 1:he pow er of ~he Stat e amo ng a num ber
.- of co.:.ordinate bodies, each orig inat ing from and con troll ed
.by the con·s titut ion. · ·

...................•...... _. -·-· ·-···-•-•. .. ................. __

..

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Supremacy of the Constitution
This means that th
f d 1
. .
Vctranda ' 'RACE

e const1tut1on should be binding on the


KNOWLEDGE CHECK

Power to Make Laws on the Subjects in the State list


The Parliament has the exclusive authority to make laws on
I

e era and state governments . Neither of the two the 100 subjects of the Union List, but the states do not
governments should be in a pos1·t · . have such exclusive rights over the State List Under certain
. . ion to override the
prov1s1ons of the constitution relating to th d circumstances, the Parliament can legislate on subjects of
. . . e powers an
status which each 1s to enjoy. the State List.
Written Constitution Emergency Provisions
The co
. ns I
· must necessarily be a written document. It
n ut1on The Presid.ent of India can declare three different types of

will be practically impossible to maintain' the supremacy of emergency rules under Articles 352, 356 and 360 for an act
the co n ·
ns I ution, unless the terms of the constitution have
of foreign aggression or internal armed rebellion, failure of
been reduced into writing. constitutional machinery in a state and financial
emergency, respectively.
Rigidity
Unified Judiciary
It means th at th e power of amending the provisions of the
The federal principle envisages a dual system of courts. But,
conS t itution,. which regulates the status and powers of the
in India, there is a single integrated judicial system forthe
federal and state governments should not be confined
whole of the country. We have a unified judiciary with the
exclusively either to the federal or state governments but Supreme Court at the apex. The high court's work under its
must be a joint act of both .
supervision .
Unitary features All India Services
Union of States Under Article 312, the All India Services officials IAS, IPS and
.IFS(Forest) are appointed by the Centre, but are paid and
Article 1 of the Indian Constitution describes India as a
controlled by_ the states. However, in case of any
'Union of States', which implies two things - firstly, it is not
irregularities or misconduct committed by the officer, the
the result of an agreement among the states, as it is there states cannot initiate any disciplinary action except
in federations and secondly, the states have no freedom to suspending him/her.
secede or separate from the Union. The Indian federation is
UNION LIST(LIST-1)
a union because it is indestructible and helps to maintain
the unity of the country. 1. Defence of India
Power to Form New States and to Change Existing 2. Naval, military and air forces; any other ar,med forces
of the Union ·
Boundaries
2A. Deployment of any armed force of the Union in
In the USA, it is not possible for the federal government to
any state in aid of the civil power
unilaterally change the territorial extent of a state, but in .
3. Cantonment areas and local self-government in such
· India, the Parliament can do so even without the consent of
areas
the state concerned. Under Article 3 of the Indian
4. Naval, military and air force works
Constitution, the Centre can change the boundaries of
5. Arms, firearms, ammunition, and explosives
existing states and can carve out new states.
·6. Atomic energy and mineral resources necessary for its
Unequal Representation in the Legislature production
The equality of units in a·federation is best guaranteed by 7. Defence industries
their equal representation in the Upper House of the 8. Central Bureau of Intelligence and investigation
federal legislature(Parliament) . In a true federation such as 9. Preventive detention for reasons connected with
that of the United States of America, every state, defence, foreign affairs, or the security of India
irrespective of its size in terms of area or population, sends 10. Foreign affairs
~wo representatives to the Upper House, i.e. Senate.
11. Diplomatic, consular and trade representation
Single Constitution 12. United Nations Organization

There is a single Constitution for both Union and the States. 13. International conferences, associations and other
bodies
There is no provision for separate Constitutions for the
States. In the USA and Australia, the States have their own 14. Treaties, agre~ments and conventions with foreign
countries ·
Constitutions which are equally powerful as the federal
Constitution . 15. War and peace
16. Foreign jurisdiction
Single Citizenship
17. Citizenship, naturalization and aliens
India follows the principle of uniform and single citizenship,
18. Extradition
but in the USA and.Australia, double citizenship is followed.
19. Passports and visas
This means that people are citizens of both the federal state
20. Pilgrimages to places outside India
and their own state, which has its own constitution.

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KNOWLEDGE CHECK
. ..
nd crimes co~mitted on the high seas or in
21. Piracies a ff s against the law of nations. 59. Cultivation and manufacture .of opium and its export
the air and o ence .
60. Sanctioning of cinematograph films for exhibition ·
22. Railways
National highways 61. Industrial disputes concerning Union employees
23.
24. . . an d navigation on national waterways
Shipping 62. N~tional Library, the Indian Museum, the Imperial
25. Maritime shipping and navigation War Museum, the Victoria l'y1emorial and the Indian
Lighthouses for the safety of shipping and aircraft ·war Memorial, and any other like institution ot'
26.
national importance '
27. Major ports
63. Benaras Hindu University, the Aligarh Muslim ·
28. Port quarantine, seaman and marine hospitals
University and the De_lhi University; any other
29. Airways; aircraft and air navigation; provision of institution of national importance
aerodromes
64. Scientific or technical education institutions of
30. Carriage of passengers and goods by !ailway, sea, air national importance
or national waterways 65.
Union agencies-and institutions for training, research
31. Posts and telegraphs; - telephones, wireless, or detection of crime
broadcasting and other like forms of communication 66. Standards in institutions for higher education or
32. Property of the Union
research and scientific and technical institutions ·
33. (Omitted) 67. Ancient and historical monuments and records, and
34. Courts of wards for the estates of rulers of Indian archaeological sites and remains of national
states importance
35. Public debt of the Union 68. - The Survey of India,
the Geological, Botanical,
36. Currency, coinage and legal tender; foreign exchange Zoological and Anthropological Surveys of India; _
37. Foreign loans Meteorologica I organisations
38. Reserve Bank of lridia 69. Census
39. Post office savings bank 70. Union Public Services; All-India Services; Union
40. Lotterie1s organised by the Union or state Public Service Commission
71. Union pensions
41. Trade and commerce with foreign countries
42. Inter-state trade and commerce 72. Elections to Parliament, the legislatures of states and
43. Trading corporations, including banking, the offices of President _and Vice-President; the
Election Commission
insurance and financial corporations but not including
co-oper~tive societies 73. Extradition

44. Corporations, whether trading or not, with objects 74. Passports and visas
not confined to one state 75. Pilgrimages to places outside India
45. Banking 76. Piracies and crimes committed on the high seas or in
'46. Bills of exchange, cheques, promissory notes and_ the ~ir and- offences against the law of nations.
other like instruments 77. Railways
47. Insurance 78. National highways ·
48. Stock exchanges and futures markets 79. Shipping and navigation on national waterways ,
49. Patents, inventions and designs; copyright; trade- 80. Maritime shipping and navigation
marks and merchandise marks 81. Lighthouses for the safety of shipping and aircraft
50. Establishment of standards of weight and measure 82. Major ports .
51. Establishment of standards of quality for goods to be 83. Port quarantine, seaman and marine hospitals
exported out of India or transported from on~ state 84. Airways; aircraft and air navigation; provision of
to another aerodromes
52. Industries, the control of which by the Union is in the 85. Carri~ge of passengers and goods by railway, sea, ·air
_ public interest or national waterways
53. Oil fields and mineral oil resources; petroleum and 86. Posts and telegraphs; . telephones, wireless,
petroleum products; other liquids and substances broadcasting and other like forms of communication
which are inflammable 87. Property of the Union
54. Regulation of mines and mineral development in the 88. (Omitted)
public interest 89. Courts of wards for the estates of rulers of Indian
55. Regulation of labour and safety in mines and oil fields states
56. Regulation and development of inter-state rivers and _90. Public debt of the Union
river valleys 91. Currency, coinage and legal tender; foreign exchange
57. Fishing and fisheries beyond territorial waters 92. Foreign loans
58. Manufacture, supply and distribution of salt by Union 93. Reserve Bank of India
and other agencies
94. Post office savings bank

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95. Lotteries organised by, th U .
e nion or state 92A. Taxes on the sale or purchase of goods other
96. Trade and com • .
merce with foreign countries than newspapers, where such sale or purchase takes
97.
Inter-state_trade and commerce place in the course of inter-state trade or commerce
98. 92B. Taxes on the consignmeri_t of goods in the course
~rading corporations, including banking,
insurance _and financial corporations but ~ot Including of inter-state trade or commerce
co-operative societies 92C. Taxes on services
99.
Corporations, whether trading or not, with objects 123. Offences against laws with respect to any of the
not confined to one state matters in this list
100. Banking
124. Inquiries, surveys and statistics for the purpose of any
lOl. Bills of exchange, cheques, promissory notes and of the matters in this list
other like instruments 125. Jurisdiction and· powers of all courts(except the
102. Insurance Supreme Court)with respect to any of the matters in
this list; admiralty jurisdiction
103. Stock exchanges and futures markets Salaries and
allowances of members and presiding officers of 126. Fees in respect of any of the matters in this list, but
Parliament not'inclLidfng fees taken in any court ·

104. Powers, privileges and immuniti~s of each House of 127. Any other matter not enumerated in List II or Lis~ Ill
inc'iuding any tax not mentioned in either of those lists
Parliament and of the members and the committees
of each House
STATE LIST(LIST-11)
105. Emoluments and service conditions of the president,
1. Publfc order
governors, the ministers for the Union and the
Comptroller and Auditor General 2. Police
3. Officers and servants of the high court
106. Audit of the accounts of the Union and of the states
4. Prison~, reformatories, borstal institutions and other
107. Organization, jurisdiction and powers of the Supreme
such institutions
Court
5. Local government
108. Organization of the high courts
6._ Publie health and sanitation
109. Extension of the jurisdiction of a high court to any Pilgrimages, other than pilgrimages to places outside
7.
union territory
India
110. Exte_nsion of the powers and jurisdiction of members 8. · Intoxicating liquors
of a police force belonging to any state to any area 9. Relief of the disabled and unemployable
outside that state 10. Burials and burial gmunds
111. Inter-state migration; inter-state quarantine 11. (Omitted)
112. Taxes on income other than agricultural income 12. Libraries, museums and other similar institutions;
113. Duties of customs including export duties ancient and historical monuments and records other
114. Duties of excise on tobacco and other goods except than those of national importance
alcoholic liquors for human consumption and opium, 13. Communications, that is, roads, bridges, ferries and
Indian hamp and other narcotic drugs and narcotics, other-means of communication not specified in List I
but including medicinal and toilet preparatio_ns 14. Agriculture, including agricultural education and
containing alcohol research

115. Corporation tax 15. Preservation of stock and prevention of animal


diseases
116. Taxes on the capital value of the assets(exclusive of
16. Pounds and the prevention of cattle trespass
agricultural.land) of individuals and companies; taxes
17. Water, that is, water supplies; irrigation and canals,
on the capital of companies
drainage and embankments, water storage and water
117. Estate duty in respect of prnperty other than power
agricultural land
18. Land, that is, right in or over land, land tenures and
118. Duties in respect of succession to property other than the collection of rents
agricultural land 19. (Omitted)
119. Terminal taxes on goods or passengers, carried by . 20. (Omitted)
railway, sea or air; taxes on railway fares and freights 21. Fisheries
120. Taxes other than stamp duties on transactions in 22. Courts of wards
stock exchanges and futures markets 23 . . Regulation of mines and mineral development
121. Rates of stanw duty in respect of bills of exchange, 24. Industries · •
cheques, promissory notes, bills of lading, letters of 25. Gas a~d gas-works
credit, policies of insurance, transfer of shares, 26. Trade and commerce within the state
debentures, prnxies and receipts 27. Production, supply and distribution of goods
122. Taxes on the sale or purchase of newspapers and on 28. Markets and fairs
advertisements published therein 29. (Omitted)

r- ·,
30. Money-lending and° money-lenders; relief of
agricultural indebtedness

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J
, d inn-keepers
31.Inns an , . her than those specified
COt,ICURR~NT LIST(LIST-111)
in List I, and
32.Corporation, ot . corporated
, ·· trad ing, literacy 1. Crimi nal law, including all matters
universitie s·• .unin. d other societies and'
included in the
"f rehgIo u s an Indian Penal Code
scient1 ic, , societies
associations; co-operative 2. Criminal procedure, including all matte
dramatic performances; cinemas; rs included in
3 3 • Theaters and the Code of Criminal Procedure
sports , ente rt aIn
. ments and amusements
3. Preventive detention for reasons conne
34. cted with the
Betting and gambling security of a state, the ma intenance
of publi c order,
35. WorkS'., lands and buildings of the state or the maintenance of supplies and
services essential
36. (Omitted) to the community
37 Elections to the legislature of the state 4. Removal from one state to another
· Salaries state of prisoners
and allowances of mem bers an d pres,"d• and accused persons
mg
38. officers of the legislature of the
state 5. Marriage and divorce; infants and minor
Powers, privileges and immunities oft~~ s; adoption;
39 legislature of wills, intestacy and succession;
· the state and of the members and joint family an_d
the co_m mitte es partition
there of 6. Transfer of property other than
40. Sa laries and allowances of ministers for the state agricultural land ;
registration of deeds and document
41 _ States . public services; State Public Service s
7. Contracts
Commission
-8. Actionable wrongs
42. State pensions
9. Bankruptcy and insolvency
43. Public debt of the state
10. Trust and Trustees
44. Treasure trove
45. land revenue, including maintenance 11. Administrators-general and official truste
of land records es
46; Taxes on agricultural income llA. Administration of justice;
constitution· and
47. Duties in respect of succession to agric organization of all courts, except the
ultural land Supreme Court
Estate duty in respect of agricultura and the high courts
48. l land
49. · Taxes on lands and buildings 12. Evidence and oaths; recognition of
laws, public acts
50. Taxes on mineral rights and records, and judicial proceeding
s
51. Duties of excise on alcoholic liquor 13. Civil proce·dure, including all matters
s_ for human included in the
cons umpt ion; opium , Indian hemp Code of Civil Procedure
and other narcotic
drugs and narcotics, but not includ 14. Contempt of court, but not including
ing medicinal and conte mpt of the
toilet prepa ration s containil")g alcoh Supreme Court
ol
52. Taxes on the entry of goods into a 15. Vagrancy; nomadic and migratory tribes
local area
53. Taxes on the cons umpt ion or sale 16. Lunacy and mental deficiency
of elect ricity
S4. Taxes on the sale or purchase of 17. Prevention of cruelty to animals
goods other than
newspapers
17 A. Forests
55. Taxes on advertisements other than
advertisements 17B. Protection of wild animals and birds
published in the newspapers and
advertisements 18. Adulteration of foodstuffs and other
broadcast by radio or television goods
19. Drugs and poisons
56. Taxes on goods and passengers carrie
d by road or on 20.
inland wate rway s Economic and social planning
57. Taxes on vehicles 20A. Population control and family plann
ing
58. Taxes on animals and boats 21. Commercial and industrial monopolies
, combines and
59. Tolls trusts

60. Taxes on 22. Trade union·s; industrial and labour dispu


professions, trades, caJlings tes
and
empl oyme nts 23. Social security and social insurance;
employment and
61. Capitation taxes ·unemployment _
62. Taxes on luxuries, including taxes on 24. Welfare of labour including condi
entertainments, tions of work,
amusements, bettin g and gambling provident funds, employers' liabili
ty, workmen's
63. Rates of stamp duty in respect of compensation, invalidity and old age
documents_other pensions and
than those specified in list I maternity benefits
64. Offences against laws with respe 25. Education; including technical educa
ct to any ·of the tion, medical
~ atters in this list education and universities
65. Jurisdiction and powers of ~II' court 26. legal, medical and other professions
s, except the
Supreme Court , with respect to any 27. Relief and rehabilitation of persons
of the matters in
this list · 28. Charitable instit utions, religious endo
wments and
66. Fees in respect of any of the matte religious institutions
rs in this list, but
not including fees taken in any court 29. Infectious or contagious diseases or
pests affecting
men, animals or plants

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tal statistics
deaths . -:~;-:=~~-;.
Including registration
0
f b
1
.:__~=-=--------~;:
"hs and Commlulon
~~~~~J . .,
31.
Ports other th
Shi . an major po"s .
32.
PPing and I . sKPb•t comm1ss1on
33. ·1 d nav gat1on on Inland wate
ra e and c rways •• chaired by Dhar
ommerce In and th .
and distribution of f e production, supply • The Government of lndlf appolnt~d the Linguistic
oilseeds and all . ' oodstuffs, Including edible _Provinces Commission under the chairmanship of s K
s, cattle fodd .
cotton seeds· and J er, raw cotton, and Dhar In Dec 1948 and recbmmendeq the
, raw ute
reor11nlsatlon Of states on the ba$1s of administrative
33A. Weights and mea.sure
standards s except establishment of convenience rather than linguistic factor·.
34. Price control JVP Commission
3S, • Jawah11rlal Nehru - Vallabhal Patel -
Mechanically propelled. . Pattabhl
principles on wh ' h vehicles Including the Slttaramalya - headed the JVP Committee
• Ic taxes on su h h' ·
levied c ve 1cles are to be • This committee also rejected the Idea of state
36. Factories reorganisation on linguistic
37. Boilers Strike
38. Electricity
• ·A social worker in Andhra(Former Madras Province)
39. urged for a separate Telugu speaking area from Madras
Newspapers, books and printing pr~sses
40. . state. This followed a popular agitation and the death
Arc~aeol~gical sites and remains other th~~ those of
national importance of Patti Sriramalu after a 59-day hunger strike.
41. • In 1953, Andhra was the first linguistic state created
Evac~~e- property(inclu<iing agricultllfal land)
42. by separating Telugu-speaking areas of Madras
Acqu1s1t1on and.requisitioning of property .
43. Recovery in a state of claims in respect of ta~es and Fazl All Commission
other public demands · • Fazl Ali .,.. headed this Commission in Dec 1953 and
44. Stamp duties other than duties or fees collected b submitted its report in Sep 1955 mentioning that
means of judicial stamps, but not including rates o~ reorganisation of states can be based on language, but
stamp duty the commission rejected the theory of 'One language
4S . Inquiries and statistics for the purposes of any.of the One State'; ·
matters specified in ~lst ILor List Ill • ·As a .result, 14 states and 6 Union Territories were
46. Jurisdiction and powers of all courts, except the created on l Nov 1956 by State Reorganisation Act.
Supre~e Court, with respect to any of the matters in New States and Union Territories
this list ·
Created After ·1956
47. Fees in respect of 13ny of the matters in this list, but
not including fees taken in any court Year State Comments
14 states, 6 Union 7tl1Amendment of
STATE ORGANISATION 1956

• Article 1 describes India, that is, Bharat as a 'Union of . 1960


Territories
Bombay
< GuJarat {l S"')
Constitution

States: rather than a 'Federation of States' , Maharashtra

• Article 2 grants two powers to the Parliament: a) the Dadra & Nagijr F.rom Portuguese -
power to admit into the Union of India new states; and Haveli(U..T) 10u, Constitutional
1961
b) the power to establish new states . Amendment
• Article 3 authorises the Parliament to: Act(1962)
• form a new state by separation of territory from any Goa(U.T), Daman and Diu From Portuguese -
12th Constitutional
state or by un iting two or more states or parts of states
1962 Amendment Act
. or by uniting any territory to a part of any state,
1962
• increase the area of any state,
By police action
• diminish the area of any state,
Pondicherry(U.T) From Frenc~ - 14th
• alter the boundaries of any state, and alter the name of
1962 Constitutional
any state.
Amendment Act 1962
INTEGRATION OF PRINCELY STATES _Nagaland 16th state of the
1963 ' Indian Union
• S52 princely states situated within the geographical
Akali Dal Khalistan
pou,ndaries of India,
<Haryana (17th ) protest
• 549 joined India and tht remaining Punja
~unjab Government the
• 3{Hyderabad, Junagarh and Kashmir) refused to join ,
forms 'Shah'
they were also integrated with India 1966
Commission
• Hyderabad by means of police action,
Punjab/Haryana
• Junagarh by means of referendum and bifurcated
'
• Kashmir by the Instrument of Accession .
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j

• . Article 8: Citizenship of certain persons of lndian 'origin


Himachal . Pradesh residing outside lndi~ . . .
UT to State(lSth) This article deals with the rights of people of Ind1 an ongm
· Ma nipur 19
residing outside India for purposes of employme nt,
/ n rupora( 20"')
Assam~ marriage, and education .
. Meghalaya( 21" )
• Article 9: People voluntarily acquiring citizenship ·of a
1972 ,, Mtzoram· foreign country will not be citizens of India.
u.r·s< Arunachal Pradesh By 36 th Constitutional
• Article 10: Any person who is considered a_citizen of
Sikkim(22 nd) • lndla under any of the provisions of this Part shall
Amendme nt
1975 continue to be citizens and will also be subject to any
Act(1975)
law made by the Parliament.
rd
Mizoram(23 ) • Article 11: Parliament to regulate the right of
Arunachal Pradesh(24th)
citizenship by law ·
1987 Goa(25 th l • The Parliament has the right to make any provision
(All U.T's are converted
concerning the acquisition and termination of
into states)
~ ya • c·~ citi zenship and any other matter relating to citizenship.

c~att1~1"(16'')( 1• Nov) AMEND


l}ttar Prade~"l

2000
L. Accordingly, the Parliament has enacted the Citizenship Act,
uttararikNnd{2 r-) (97 ' Nev}
1955, whic_h has been amended in 1957, 1960, 1985, 1986,
S,har · - Jl'il<kho1>d(28" l
( 15" Nov) 1992, 2003, 2005 and 2015 .
In 2006 -- ➔ Ut1aranchal
.,,...,. ctwnc,ed to Uttarf<liand
Telangana came into Citizenship Act, 1955
Andhra Pradesh
2 existence as the 29 th
Telangana Citizensh.ip of India can be acquired in the following ways:
June state of the Indian 1. Citizenship at tne commence ment of the Constitution
2014
Union 2. Citizenship by birth
3. Citizenship by descen,t
Change of Names 4. Citizenship by registr~tion _
5. Citizenship by naturalization
• United Provinces --➔. Uttar Pradesh in ·1950
. 6. By incorporat ion of territory(b y the Government of India)
• · Madras---➔ Tamil Nadu in 1969
• Mysore ---➔ Karnataka in 1973 Tertnination of Indian Citizenship
• Laccadive, Minicoy, Amindivi ---➔ Lakshwadeep in 1973 Termination of citizenship is possible in three ways
• Union Capital Territory of Delhi ---➔ National Capital according to the Act:.
Territ9ry of Delhi in 1992 by the. 69 th Co~stitutional 1. _.Renunciation: If any citizen of India who is also a ·
Amendme nt Act, 1991. national of another cpuntry renou_nces his Indian
• Uttaranchal ---➔ Uttarkhand in 2006 ci~zenship through a declaration in the prescribed
• Pondicherry ---➔ Puducherry in 2006 manner, he ceases to be an Indian citizen. When a male
• Orissa ---➔ Odisha in 2011 person ceases to be adtiien of India, every minor child
CITIZENSHIP of his also ceases to oe a citizen of India . However, such
a child may within , orie year after attaining full age
• In India, Articles 5 - 11 of th_e Constitution deals with become an Indian citizen by making a declaration of his
the concept of citizenship . (ntention to resume 'Indian citizen~ship .
• India has two kinds of people-cit izens and aliens. · 2. Termination: .Indian citizenship can be terminated if a
Citizens are full members of the Indian State and owe citizen knowingly or ·voluntarily adopts the citizenship of
allegiance to it. any foreign country.
• They enjoy all civil and political rights. Aliens, on the 3. Deprivation : The government ·of India can deprive a
other hand, are the ~itizens of some other state and person of his citizenship in some cases. But this i$ not
hence, do .not enjoy all the civil arid political rights. applicable for all citizens. It is applicable only in the case ·
• Article 5: Citizenship at the commencement of -the of citizens · who have acquired the citizenship by
Constitution registration, naturalization, or only by Articie 5 Clause c)
This article talks '- about citizenship for people at the (which is citizenship at commencement for a domicile in
commencement of the Constitution, i.e., on November India and who has ordinarily been a resident of India for
26th, 1949. not less than 5 years immediately preceding the
• Article 6: Citizenship of certain persons v,,ho have commencement of the Constitution
migrated from Pakistan
FUNDAMENTAL RIGHTS
• Article 7: Citizenship of certain migrants to Pakistan . .
This .article deals with the rights of people who had • The Fundamental Rights are enshrined in Part Ill of the
migrated to Pakistan after March 1, 1947, but Constitution from Articles _
12 to 35 ,

i- ;
subsequently returned to India. _

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• In this r·ega d th f
-''>•-- -· · · - · - - ·
·--·--•
. .,_ --··--·- ··-···- - - _,_ .. -·· .l
. . . r ' e ramers of the Constitution derived •Right to reside and settle in any part' of the territory
i~sp1rat1on from the Constitution of USA(i e s·1II of
Rights) · ·• of India;
• Right to practice any profession, or to carry on any
• Part Ill of the const1tut1on
· · ·is rightly described as the occupation, trade or business.
Magna Carta of India
2. Article 20: Protection in Respect of Conviction for
List of Fundamental Rights Offences
There are six fund . 3. · Article 21 : Protection of Life and Personal Liberty
· . amenta 1 rights of Indian Constitution
4. Article 21A : The State shall provide free and compulsory
along_with the constitutional acticles related to them are
. mentioned below: · . education to all children of the age of six to fourteen
. years in such mann.e r as the State may, by law,
1. Right to Equality(Articl_e.14-l8)
2. Right to Freedom(Article 19-22) determine(Right to education) .
5. Article 22: Protection against arrest and detention in
3. Right against Exploitation(Article 23 -24)
4. Right to Freedom of Religion(Artide 25-28) certain cases
5. Cultural and Education.al Rights Right against Exploitation(Articles 23-: 24)
(Article 29-30)
This right implies the prohibition of traffic in human beings,
6. Right to Constitutional Remedies
begar, and other forms of forced labour. It also implies the
(Article 32)
prohibition of children in factories, etc. The Constitution
Note: The right to property is now a· legal right and not a
fundam~ntal right. · prohibits the employment of children less than 14 years in
hazardous conditions.
Fundamental rights available only to .citizens 1. Article 23: Prohibition of traffic in human beings and
The following is the list ~f fundamental rights that are forced iabour \,.

available only to citizens(and not to foreigners) : 2. Article 24: Prohibition <;if employment of children in
1. Prohibition of discrimination on grounds of race, factories, etc . .
religion; caste, gender or place of birth(Article 15) .
Right to Freedom of Religion(Articles 25 - 28)
2. Equality · of opportunity in matters . of public
employment(Article 16) . This indicates the secular nature of Indian polity. There is
3. Protection of freedom of:(Article 19) equal respect given to all religions . There is freedom of
4. Protection of the et11ture, language and _script . of conscience, · profession, · practice and propagation of
minorities(Article 29) . religion . The State has no official religion . Every person has
5. Right of minorities to establish and administer the right to freely practice his or her faith, establish and
educational institutions ma intain religious and charitable institutions .
(Article 30) . . 1. .Article 25 : Freedom of conscience and free profession,
Right to Eguality(Articles 14 - 18}
practice and propagation of religion
2. Article 26 : Freedom to manage religious affairs
Right to equality guarantees equal rights for everyone, 3. Article 27 : Freedom as to payment .· of taxe s for
irrespective of religion, gender, caste, race or place of birth .
promotion of any particular religion
It ensures equal employment opportunities in the
4. Article 28 : Freedom as to attendance at religious
government and insures against discrimination by the State
instruction or religio'us worship in certain educational
in matters of employment on the basis of caste, religior:i,
institutions
etc ..This right also includes the abolition of titles as well as
· untouchability. Cultural and educational rights (Articles 29- - 30)
1. Article 14 : Equality before law
These rights protect the rights of religious, cultural and
2. Article 15 : Prohibition of discrimination on grounds of
linguistic minorities! by facilitating them to preserve their
religion, race, caste, sex or place of birth
heritage and culture . Educational · rights. are for ensuring
3. Article 16 : Equality of opportunity in matters of public
education for everyone without any discriminatio~.
employment
• Article 29: Protection of language,. script and culture of
4. Article i 7 : Abolition of Untouchability
minorities
5. Article 18 :·Abolition of Titles
• Article 30: Right of minorities to establish and
Right to Freedom(Articles 19 - 22) administer educational institutions
Fr~edom is one of the most il"[lpo·r tant ideals cherish~d by
Right to Constitutional Remedies
any democratic society. The Indian tonstitutio~ guara~tees
freedom to citizens. = • The Constitution · guarantees remedies if · citizens'
1. Article 19 : Freedom of Six Rights fundamental rights are violated. The government
• Right to freedom of speech and expression; cannot infringe upon or curb anyone' s rights. When
• Right to assemble peaceably and without arms; these rights are viol~ted, the aggrieved party can
• Right to form associations or unions; approach .the courts. Citi~ens can even go directly to the
■ Right to move freely throughout the territory of Supreme Court which can issue writs for enforcing
India; fundamental rights.

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. . Remedies for enforcement of rights 6. Valµe and preserve the rich heritage of the country's
Article 32· "
this part. It is the right of Supreme Court composite culture
conferre d bY . .
and High Court to issue writs. It 1s known as the Heart 7. Protect and improve the natural environment including
and soul of the constitution. forests,lakes, rivers and wildlife and to have
• Article 33: Power of Parliament to modify the compassion for living creatures
Fundamental Rights · conferred by this part in their
8. Develop scientific temper, humanism and the spirit of
application to armed forces, paramilitary, police forces, inquiry and reform ·
etc. 9. Safeguard public property and to abjure violence
• Article 34: Restriction on Fundamental rights conferred
10. Strive towards excellence in all spheres of individual and
by this part while marital law is in force in any area
collective activity so that the nation c6nstantly rises to
• Article 35 : Legislation to give effect to the provisions of
higher levels of endeavour and achievement
this part shall lie with parliament.
11. Provide opportunities for education to his child or ward
Types of Writs between the age of six and fourteen years. This duty ·

1. Habeas Corpus is a writ that is enforced to protect the was added by the 86th Constitutional Amendment Act,

fundamental right to liberty of an individual aga.inst


2002
unlawful detention. · . VERMA COMMITTEE
2. Certiorari is a writ issu-ed to·a lower court directing that
The Verma Committee on Fundamental Duties of the
the transfe[ of a case for review, usually to overrule the
judgment of the lower court. Citizens(1999) identified the existence of legal provisions

3. Prohibition is a writ issued by a higher court to a lower for the implementation of some of the -Fundamental

court to enforce inactivity iri the jurisdiction. It happens Duties. They 'are mentioned below:
only in case the higher court is of the discretion that the 1. The Prevention of Insults· to National Honour
case falls outside the jurisdiction ofthe lower court. Act(1971) prevents disrespect to the Constitution of
4. Mandamus is a writ issued to a subordinate court, an India, the National Flag and the National Anthem.
officer of the government, or a corporation or other 2. The various criminal law~ in _force provide for
institution commanding the performance of certain acts punishments for encouraging enmity between
or duties. - different sections of people on grounds of language,
5. Quo-Warranto is a writ issued against a person who race, place of birth, religion and so on . ·
claims or usurps a public office . Through this writ, 'the 3. The Protection of Civil Rights Act(1955) provides for
court: inquires· 'by what authority' the person supports punishmerits for offences related to caste and religion.
his or her claim. · 4. The Indian Penal Code(IPC) declares the imputations
FUNDAMENTAL DUT1ES and· assertions prejudicial to national integration as
· punishable offences.
• 1976, the fundamen-tal duties of citizens were added in 5. The Unlawful Activities(Prevention) . Act of 1967
the Constitution ._In 2002, one more Fundamental Duty provides for the declaration -of a c~mmunal
was added organisation as an un-lawful association.
• In· 1976, the Congress. Party set up the Sardar Swaran 6. The Representation of People Act(1951) provides for
Singh Committee to make recommendations about the disqualification of members of the Parliament or a
fundamental duties state legislature for indulging in coirupt practice that
• · 42nd Constitutional Amendment Act in -1976, This is, · sqliciting vote~ on the ground of religi;n or
amendment added a .new part, namely, Part IVA to the promoting enmity between different sections of
Constltutio_n. This new part consists of only one Article, - people on grounds of caste, race, language, religion
that is, Artide 51A and so on .
7. The Wildlife(ProtectionJ Act of 1972 prohibits trade in .
LIST OF FUNDAMENTAL DUTIES
rare and endangered species
1. Abide by the Indian Constitution and respect its ideals 8. The Forest(Conservation) Act of 1980 checks
and institutions, · the National Flag · and the · Nati.anal indiscriminate deforestation and diversion of forest
Anthem land for non-forest purposes
2. Cherish and follow the noble ideals that inspired the
-DIRECTIVE PRINCIPLES OF STATE POLICY
national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity • The Directive P'rinciples o_
f. State Policy are enumerated
of India in Part IV of the Constitutio~ ftdrr\ Articles 36 to 51
4. Defend the cou~try and render national service when • The framers of the Constitution borrowed this idea fr~m ··
caHed _upor'r to do so _ the Irish Constitution of 1937, which had copied it from
5. Promote harmony and the spirit of commoh the Spanish Constitution
brotherhood amongst all _the people of India • Dr B-R Ambedkar describ_ed these principles as 'novel
transcending religious, linguistic and regional or features' of the Indian Constitution .
sectional diversities and to renounce practices . • DPSPs are ideals which are not legally enforceable by
derogatory to the dignity of women the courts for their violation

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Vitranda I ~RACE KNOWLEDGE CHECK
1
CLASS IFICA " " --
TION OF THE DIRECTIVE PRINCIPLES S; To prohibit the consumpt ion of intoxicating drinks and
The Constitution d · drugs which ·are injurious to health(Article 47) .
Directive Princi I oes not contain an~ classificat ion ·of
6. To prohibit the slaughter of cows, calves and other milch
and d' . P es. However, on the basis of their content
1rect1on they b and draught cattle and to improve their breeds(Article
. , can e classified into three broad
Cat egones 48).

Socialistic Prin~iples Liberal-In tellectual Principles

These principles fl . The principles included in this category represent the


d re ect the ideology of socialism. They lay
f d
own the framewor· k 0 a emocratic socialist state aim at ideology of liberalism. They di_rect the state:
·. .
providing social and . . , 1. To secure for all citizens a uniform civil code throughout
economic Justice, and set the path
towards welfare state. They direct the state: the country(Article 44).
1 · To promote the If · 2. To provide early childhood care and education for all
. we are of the people by securing a
d .
social order perm ea t e by Justice-s . children until they complete the age of six years(Article
ocial economic
and political- and t 0 min1m1ze inequalities' in income·
• . . . 45)
st atus, facilities and opportunities(Article 38) . ·' 3. To organise agriculture and animal husbandry on
modern and scientific lines(Article 48) .
l. . To secure a) th e right to adequate means of livelihood
.
for all ci·rizens,. b) the equitable 4. To protect and improve the er;ivironment and to
distribution of material
ty for the common good; c) safeguard forests and wild life(Article 48 A) .
resources of the communi
tion of wealth and means of 5. To protect monuments, places and objects of artistic or
prevention of concentra
rod for equal work for men ·and historic interest which are declared to be of national
P uction; d) equal pay
ion of the health and strength of importance(Article 49) .
women;{e) preservat
6. To -separate the judiciary from the executive in the
workers and children against forcible abuse; and(f)
healthy development of public services of the State(Article 50) .
opportunities for
children{Article 39) . 7. To promote international peace and security and
maintain just and honourable relations between
3. promote equal justice and to provide free legal aid to
the poor(Article 39 A) . nations; to foster respect for international law and
treaty obligations, and to encourage sett_lement of
4. To secure the right to work, to educa'tion and to public ·
international disputes by arbitratio n(Article 51) .
assistance in cases of unemployment, old age, sickne-ss
and disablement(Article 41) . - NEW DIRECTIVE PRINCIPLES
5. To make provision for just and humane conditions of
• The 42nd Amendm ent Act of 1976 added four new ·
work and maternity relief(Article 42) .
Directive Principles to the original list. They require the
6. To secure a living wage, a decent standard of life and
State:
- social and cultural opportun it ies for all workers(Article
1. To secure opportunities for healthy development of
43).
children(Article 39) .
7. To take steps-to secure the part_icipation of workers in
2. To promote equal justice and to provide free legal
the management of industries(Article 43 A) .
aid to the poor(Article 39 A) .
8. To raise the level of nutrition and the standard of living ei
3. To take steps to secure the participation of workers
of people and to improve public health(Article 47) .
in the management of industries{Article 43 A) .
Gandhian Principles 4. To protect and improve · the- envir~nment and to
safeguard forests and wild life(~rticl e 48 A) .
These principles are based on Gandhian ideology. They
• The 44th Amendment Act of 1978 added one more
represent the programme of reconstruction enunciated by
Directive PrinciP.le, which requires the State to 111inimise .
Gandhi during the national movement. In order to fulfil the
inequalities in income, status, facilities and
dreams of Gandhi, some of his ideas were included as·
opportunities(Article 38).
Directive Principles . They require the State:
• The 86th Amendm ent Ac~ of2002 changed the subject-
1. organise village panchayats and endow them with
matter of Article 45 and made elementary education a
necessary powers and authority to enable them to
fundamental right under Article 21 A . The amended
function as units of self-government(Article 40) .
directive requires the State to provide early childhood
2. To promote cottage industries on ~n individu·a1 or co-
care and education for all children until ·the·y complete
operation basis in rural areas(Article 43).
the age of six years .
3. · To promote voluntary formation, autonomous
functioning, ·democratic · control and professional • The 97 th Amendm ent Act of 2011 added a new
Directive Principle relating to co-operative societies. It
management of co-op~rative societies_{Articl~ 43B) .
requires the state to promote voluntary formation,
4. To promote the educational and economic interests of
SCs, STs, and other weaker sections of t~e so.ciety and to autonomous functioning, democratic control and

protect . them 'from social injustice and professional management of co-operative societies
(Article 43B) .
exploitation(Article 46) .

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