Making of Constitution: Demand of Constituent Assembly Important Dates
Making of Constitution: Demand of Constituent Assembly Important Dates
completed in - 2 yrs 11 mon. 17 days Legal Adviser - B N Rao Union Power Committee Jawaharlal Nehru
395 Article + 8 Schedule + 22 Parts + Preamble Chief Draftsman - S N Mukherjee Rules Of Procedure Committee Dr Rajendra Prasad
D P Khaitan replaced by T T Krishnamachari Ad Hoc Committee on the National Flag Dr Rajendra Prasad
Mostly influenced the Indian constitution Concept - USA
Borrowed from
Emergency provision Language - Australia
Fraternity 1960
Fundamental Rights
Berubari Union Case
only once in - 42th CA, 1976 Preamble is not a part of Constitution &
Preamble (known as mini Constitution) cannot be Amended
Amendment
Separation of Power added - Integrity, Socialist & Secular 1973
Indo-Bangladesh agreement
Continuance of the rights of citizenship Article - 10 1948
1966 Haryana 100 CA
Parliament to regulate the right of citizenship Linguistic Provision JVP Committee State should not be formed on linguistic basis
Article - 11 India’s few parts to Bangladesh by Special
by law 1971 Himachal Pradesh commission 2014
Majority
Members - J L Nehru, Vallabhbhai Patel,
1972 Meghalaya Pattabhisitaramayya Bangladesh few parts to India by Simple
Majority
1972 Manipur Potti Sriramulu died during Fast unto death (56 days)
1972 Tripura Formation of States After his death, 1st linguistic state of India
1953
formed Dec 1953
1975
Sep/Oct 1953 Fazal Ali (chairman)
Earlier ruled by Chogyal Dynasty Andhra Pradesh
Sikkim Telugu speaking area
members K M Panikkar
Associate State - Art 2A - 35th CA, 1974
H N Kunzru
Complete Statehood - 36th CA, 1975
Fazal Ali Commission
Rejected the theory of “one language one
1987 (UT)
state”
Goa
56th CA (statehood)
Accepted the linguistic basis of formation of
state
1987 Arunachal Pradesh
State Reorganisation Act, 1956
1987 Mizoram
special powers
Art: 12-35
Magna Carta
Art. 15, Art. 16, Art. 19, Art. 29 & Art. 30 Rights available to citizens
FRs are not absolute but qualified (very
limited)
Fundamental FRs are not sacrosact (are not permanent)
power to make laws to give effect to
Article 35 Rights
fundamental rights (vested only on Parliament)
FRs are justiciable in nature
Local/other authorities
Right to constitutional remedies any laws which inconsistent/controversial with
Article 13 FR shall be declared null & void (by judiciary) Right to Equality
from UK
Art. 14-18
All citizens shall have the right- Article 14 Equal protection of the law from USA
Art. 19(a) to freedom of Speech & expression Presidents, MLAs/MPs cannot be arrested on
Writs Exceptions
civil matters
Art. 19(b) to assemble peaceably & without arms
Article 32 Equality to status
Article 19 Art. 19(c) to from association or union Article 15
Right against discrimination Gender, race,
to move freely throughout the territory of caste, sex, religion & place of birth
Art. 19(d)
India
Equality to public employment
to reside & settle in any part of the territory
by B R Ambedkar Heart & Soul of Constitution Art. 19(e)
of India Equality of opportunity in matters of public
Article 16
Supreme Court cannot refuse to issue writ employment
to practice any profession or to carry on any
but High Court can Art. 19(g)
occupation, trade or budiness
promotion & reservation in appointment
High Court writ jurisdiction is wider than (not a violation of Right to Equality)
protection in respect of conviction for
Protection of interests of minorities Supreme Court rich jurisdiction offences Art. 16(4) Balaji v/s State of Mysore
Article 29
Right to protect language, script, culture of No person shall be convicted of any offence Cases Devdasan v/s Union of India Case
every citizen for any section of society
Cultural & Educational right Part-III no ex post facto law except for violation of a law in force at the
time of the commission Indira Sawhney Case (1993)
Article 20
Right of minorities to establish & administer Art. 29-30 No person shall be prosecuted & punished for Article 17 Abolition of untouchability
educational institutions no double jeopardy
the same offence more than once
Article 30
State cannot provide title
Right to establish & administer educational No person accused of any offence shall be
no self incrimination Article 18 Abolish of titles
institutions (Only for minorities) Right to Freedom compelled to be a witness against himself Exception: in case of education, military,
Art. 19-22 Protection of life & personal liberty
excellency
Freedom of conscience and free profession,
Article 25 Article 21
practice and propagation of religion no person shall be deprived of his life &
personal liberty except according to procedure
freedom to manage religious affairs Article 26 established by law
Prohibition of child labour Art. 23-24 Every person who is arrested and detained in
Article 24 Article 22 custody shall be produced before the nearest
Below 14 yrs can't be employed in magistrate within twenty-four hours
hazarduous/dangerous place
Punitive - crime has done
Preventive - on suspect
Promote international peace and security
Directive Principles of Our State Policy
Article 51
maintain honorable relations between nations
borrowed from Ireland
DPSP
Articles 36-51
The State shall separate the judiciary from
the executive in the public services Article 50 Novel feature of Constitution by B R Ambedkar
use to check constitutional value of any law
Conscience of the Constitution by Grainville Austin
The State shall protect every monument,
place & object of artistic/historic interest Article 49 Statements India’s Federalism is Quasi-federal by KC Wheare
FRs would prevail over DPSP Champakam Dorairajan Case borrowed from USSR
1973
to cherish & follow the noble ideals which
Article 51A (b) inspired our national struggle for freedom
13 bench judges case Kesavnanda Bharti Case
to provide opportunities for education by the Promote harmony and spirit of common
parent the guardian, to his child (between the Article 51A (k) brotherhood mongst all the people of India
age of 6-14 years) Part-IV(A) Article 51A (e)
to renounce practices derogatory to the
dignity of women
to strive towards excellence in all spheres of
individual & collective activity Article 51A (j)
to value & preserve the rich heritage of our
Article 51A (f) composite culture
to safeguard public property & to abjure
violence Article 51A (i)
to protect & improve natural environment
Article 51A (g)
to develop the scientific temper, humanism, & to have compassion for living creatures
the spirit of inquiry and reform Article 51A (h)
Power of President to grant pardons
Chapter 1 The Executive
The President shall have the power to grant
pardons, reprieves, respites, or remissions of Chapter 2 Parliament
punishment or to suspend, remit or commute Article 72
the sentence The Union Chapter 3 Legislative Power of The President
citizen of India
Election of Vice-President
Time of holding election to fill vacancy in the
office of Vice-President The Vice-President shall be elected by the
members of both Houses of Parliament
An election to fill a vacancy \shall be (All MPs)
completed before the expiration of the term Article 68
Vice-President Proportional Representative + Single
An election to fill a vacancy in the office of Transferrable Vote
Vice-President occurring because of his death, Term of office of Vice-President
resignation or removal shall be held within 60 The Vice-President shall not be a member of
days The Vice-President shall hold office Article 66 either House of Parliament or a House of the
for a term of five years Legislature of any State
Estimates – Demands for Grants Can send messages on bills or other matters
Special Address by the President
Article-113
Only Lok Sabha votes on demands Article-87 At first session after LS elections
Annual Financial Statement (Budget)
At first session of every year
President lays estimated receipts &
Article-112 Rights of Ministers & Attorney General
expenditure
Article-88 Can speak in both Houses & participate
President’s Assent to Bills
Article-111 Cannot vote unless member
Assent / Withhold / Return (except Money Bill) Chairman & Deputy Chairman of Rajya Sabha
Definition of Money Bill
Article-89 Chairman - Vice-President of India
Matters related to taxes, borrowing,
Parliament
expenditure from Consolidated Fund etc. Article-110 RS elects Deputy Chairman
Vacation/Resignation/Removal of
Speaker certifies it as Money Bill Deputy Chairman
Money Bill Procedure
Article-90 Resignation to Chairman
Originates in Lok Sabha only Article-109
Removal by Effective Majority
RS can suggest changes within 14 days Powers of Deputy Chairman
Joint Sitting of Parliament
Article-91 Acts as Chairman when absent
For Ordinary Bills only Article-108
Has all presiding powers
Introduction & Passing of Bills Summoned by President to resolve deadlock Restriction on Presiding During Removal Motion
Special Address by Governor – Can speak & participate but cannot vote
Duration of Legislature 1/3rd – local bodies
1/12th – graduates
– First session after elections or each year Article 176 Article 172 – LA: 5 years
1/12th – teachers
1/3rd – Legislative Assembly
– Discussion time to be allotted 1/6th – nominated by Governor
Governor’s Address & Messages – LC: Permanent body, 1/3rd retires every 2
years
– May address and send messages to
Article 175 Qualification for Membership
Sessions, Prorogation & Dissolution
either or both Houses
– Citizen of India
– Governor summons sessions Article 173
Article 174 – LA: 25 years, LC: 30 years
– Max gap between sessions: 6 months
– Additional qualifications as per law
– Can prorogue/dissolve LA
Establishment and Constitution of Supreme
Civil and judicial authorities to act in aid of Court
the Supreme Court
consisting of a Chief Justice of India
All authorities, civil and judicial, in the
Article 144 There shall be a Supreme Court of India
& not more than 7 other Judges
territory of India, shall act in aid of the
Supreme Court appointed by the President
in any matter to which the provisions of or in other place, as the Chief Justice of India
Article 133 or Article 134 do not apply may appoint, with the approval of the President
Original jurisdiction of the Supreme Court
Appellate jurisdiction of Supreme Court in between the Government of India and one or
regard to criminal matters Article 131 more States
Article 134
in matters of Theft, Murder, Charges etc. Subject to the provisions of this Constitution, between the Government of India and any
the Supreme Court shall have original State or States on one side and one or more
jurisdiction in any dispute – other States on the other
Appellate jurisdiction of Supreme Court in
appeals from High Courts in regard to civil
between two or more States
matters
Article 133 Appellate jurisdiction of Supreme Court in
appeals from High Courts in certain cases
in matters of Property, Marriage, Divorse etc. Article 132
In constitutional matters
The Indian Constitution grants HC supervisory
authority over subordinate courts within its Article 235
jurisdiction
Article 214 High Courts for States
Part IXA, Article 243P-243ZG Rajasthan 1st Establish Panchayati Raj at Nagaur, on 2 Oct. 1959
Under 12th Schedule - 18 Functional subjects Ashok Mehta Committee, 1977 Proposed 2-tier Panchayati Raj System
Public Service Commissions for the Union and considered the highest law officer in the
for the States country
UPSC - Union Public Service Commission Article 315 appointed by the president & holds office
during his pleasure
SPSC - State Public Service Commission
qualified to be appointed as the judge of the
Supreme Court
JPSC - Joint Public Service Commission National Commission for Scheduled Castes
Salary & condition of service determined by
Appointment and term of office of members Article 338 President
UPSC & JPSC appointed by President NCSC & NCST separated 86th CA, 2003 To advise the government on the legal matters
SPSC appointed by Governor National Commission for Scheduled Tribes Duties To appear on behalf of the GOI in SC
(NCST)
Article 338A NCSC
Article 316 Attorney General
UPSC - 6 / 65 years To appear in HC in the cases concerning GOI
Term National Commission for Backward Classes when required
Article 338B
SPSC & JPSC - 6 / 62 years (NCBC)
Comptroller and Auditor General of India
has the right to audience in all the courts in
UPSC & JPSC - to President Chairman + Vice Chairman + 3 other members the territory of India
(NCSC & NCST) Single membered body
Resignation
Composition
SPSC - to Governor has the right to speak and take part in the
appointed by the President Rights CAG is considered as the guardian of the
Article 324 parliamentary proceedings
public purse
Removal and suspension of a member of a
Public Service Commission Election Commission is a permanent and doesn’t enjoy the right to vote
independent body Head of Indian Audit & Accounts Dept.
if he is an insolvent Article 317 All the privileges and immunities available to a
It is common to both central and state Appointed by President
member of parliament are granted to the AG
if he is engaged in paid employment governments
Removing Authority
- by President 1st AG - M C Setalvad Article 148 Term - 6 years / 65 years
if he is of unsound mind The elections to parliament, state
on ground of misbehaviour
legislatures, the office of president, and vice
president are looked after by EC
Costitutional Current AG - R Vekatramini Removal - same as a judge of Supreme court
SPSC & JPSC - Governor States consolidated funds & changes made to
them - for equal distribution of resources
between Panchayat & Municipalities
1st FC - K C Noegy
15th FC - N K Singh
ended British rule in India & declared India as
independent & sovereign state (August IS, 1947)
Governor of Bengal becomes Governor General
increased the size of legislative councils, both Members of Board of Control & staffs were
asserted the Sovereignty of British crown over
provided for the establishment of a Public Central and Provincial. the no. of members in paid out of the Indian Revenue
company’s territories in India.
Service Commission. Hence, Central Public Central legislative council become 60
Service Commission was set up in 1926
Allowed Christian Missionaries to promote
retain Official majority in Central legislative Charter Act of 1813 Christianity in India.
separated provincial budgets from Central budget & non-official majority in Provincial legislative
Rs. 1 Lakh was allotted to Indian Education.
extended the system of Separate Electorate Members were allowed to ask supplementary
for Sikhs, Indian Christians, Anglo-Indians & questions & move resolutions on the budget Indian Councils Act, 1909 known as Saint Helena Act
Europeans Authorised local govt, to impose taxes on
Gov-Gen of Bengal becomes Gov-Gen of India persons & punish them for not doing so.
provided for the association of Indians with (1st: William Bantick)
initiated the process of decentralisation by Executive Councils of the Viceroys & Governor
restoring the legislative powers to the Bombay
& Madras Presidencies
Satyendra Prasad Sinha (1st Indian) joins &
later appointed as the Law member Important Acts A Law Member to be in Govenor’s Executive
Council - Thomas Babington Macaulay (1st)
in 1862 Viceroy Nominated Raja of Benaras, introduced Separate Electorate for Muslims
Deprived the Governor of Bombay & Madras of
Maharaja of Patiala & Sir Dinkar Rao to
Legislative Council
(Muslim were elected by only muslim voters)
(Minto Father of Communal Electorate)
Charter Act of 1833 their legislative powers
also provided for the establishment of new ended activities of EIC as a commercial body,
became purely administrative body
legislative councils for Bengal, North-Western Indian Council Act, 1861 Separated legislative & administrative
functions of the Gov-Gen’s Council
Provinces & Punjab
Queen’s Proclamation provided for establishment of Law Commission
Recognition to the 'portfolio' system, known as to consolidate & codify Indian laws addition of 6 new members as Legislative
introduced by Canning in 1859 Act for the Good Government of India Councillors.
attempted to introduce a system of open
empowered the Viceroy to issue ordinances, Abolished the East India Company competition for selection of Civil Servants introduced Open Competition for Civil Services.
life of such an ordinance was 6 months
Governor General becomes Viceroy of India extended the Company rule in Indian Territory,
1st - Canning Government of India Act, 1858 Charter Act of 1853 but period is not specified
ended the system of double Government Introduced, Local Representation in the Indian
Legislative Council
created a new office Secretary of State for
India which was assisted by a 15-member Of 6 Legislative Members 4 members were
council of India appointed by local govt. of Madras, Bombay,
Bengal & Agra