the constitution of india concise

“A goal is a dream with a deadline.”

INTRODUCTION TO THE INDIAN CONSTITUTION

The Constitution of a country sets out the fundamental canons of governance to be followed in that country and also delineates the division of power, privileges and responsibilities among different organs of government. The Indian Constitution, prepared after hectic deliberations by the Constituent Assembly, is possibly the lengthiest document of its kind in the world and has far more detailed provisions than any other comparable document. The tradition of having written constitution started with the USA, which had adopted the first-ever written constitution in the world, after the end of the Civil War there in 1776. Still, England does not have a written constitution till date. The British judiciary and other parts of the polity work on the basis of conventions that have been evolved after centuries of collective experience.

The Indian Constitution is the outcome of the debate, deliberations and research of a sovereign Constituent Assembly. Various Subject Committees like the Committee on Fundamental Rights and the Union Constitution Committee had submitted their respective proposals and general discussion on all the proposals, a Drafting Committee chaired by Dr. BR Ambedkar was appointed. The Drafting Committee had the full authority to add, modify or delete any of the proposals submitted by the committees. The finalized draft of the Indian Constitution got the signature of the President of the Constituent Assembly, Dr. Rajendra Prasad on Nov 26th, 1949, which is referred to as the Date of Passing. Since the Constituent Assembly which finalized the Constitution was duly elected by means of indirect election by the people of India, the Constitution of India derives its authority from the people of India.

SOURCES OF INDIAN CONSTITUTION

The Indian Constitution has borrowed heavily from other constitutions of the world and can be called a "beautiful patchwork". India could not have afforded to experiment with something entirely new at a crucial juncture in its history. So the founding fathers of the Indian Constitution preferred to rely on the time-tested value of experience elsewhere and adopted those provisions which had proved to be successful and workable in other countries. Some of the prominent features which have been borrowed are as under.

Feature Source / Inspiration

1. Fundamental Rights USA

2. The Parliamentary System of Government UK

3. Directive Principles of State Policy Ireland (Eire)

4. Emergency Provisions Germany (Third Reich)

5. Amendment Procedure South Africa

https://www.facebook.com/groups/indiancivils/



6. Permeable To The Constitution of India France

7. Federal Model of Governance Canada

The Preamble is a part of the Constitution (and this has been confirmed by the SC also), it contains the basic philosophy of the whole Constitution. It can be used by the Courts to help them in interpretation of the Constitution in certain matters where the Constitution itself is silent.

POINTS TO PONDER

Date of first sitting of the Constituent Assembly - Dec 9, 1946 Date of Passing of the Constitution - Nov 26, 1949 Date of Commencement of the Constitution - Jan. 26, 1950 Chairman, Constituent Assembly - Dr. Rajender Prasad Chairman, Drafting Committee - Dr. BR Ambedkar Advisor, Constituent Assembly - BN Rao Chairman, first sitting - Sachidanand Sinha

STRUCTURE OF THE CONSTITUTION

Preamble to the Constitution

Defines the basic structure and spirit of the Constitution Serves as a guiding tool for the interpretation of the Constitution Does not bestow any rights

The words Socialist and Secular were added to the Preamble by the 42nd Amendment 1976 (during the Emergency)

Parts of the Constitution

Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains articles that address the issues in question. There are 24 Parts to the Constitution.

PART FOCUS ARTICLE Deals WithI

The Union and its Territory123

Name and territory of UnionAdmission of new statesCreation of new states, alteration of existing

II Citizenship 5

6

Citizenship at the commencement of the ConstitutionCitizenship of migrants from PakistanPersons acquiring foreign citizenship




9 not to be citizens

III Fundamental Rights

12141517

21 A23

242629

Definition of StateEquality before lawProhibition of discriminationAbolition of untouchabilityRight to elementry educationProhibition of human trafficking and forced labourProhibition of child labourFreedom to manage religious affairsProtection of minority interests

IV Directive Principles and Fundamental Duties

4041

42

4445

46

49

50

Organisation of village panchayatsRight to work, education and public assistance in certain casesHumane work conditions and maternity reliefUniform civil codeFree and compulsory education for childrenPromote interests of SC/ST, other weaker sectionsProtection of monuments/places of national importanceSeparation of judiciary from executive

V The Union

52-6263-69

7476808184

89

93

107

108

President of IndiaVice-President of IndiaCouncil of MinistersAttorney-General for IndiaComposition of the Council of StatesComposition of the House of the PeopleQualification for membership to ParliamentChairman & Deputy Chairman of the Council of StatesSpeaker & Deputy Speaker of the House of the PeopleProvisions for the introduction and passing of billsJoint sitting of both houses




122

123

124

125127

Court not to inquire into proceedings of parliamentPower to President to promulgate ordinanceEstablishment and constitution of the Supreme CourtAppointment of the Chief Justice,Appointment of adhoc judges

VI The States

153-160163170

171173

176213

214223224225231

235

Governor of the stateCouncil of MinistersComposition of the Legislative AssembliesComposition of the Legislative CouncilsQualification for membership to state legislatureSpecial address by governorPower of governor to promulgate OrdinancesHigh CourtAppointment of acting Chief JusticeAppointment of additional judgesJurisdiction of the High CourtsEstablish of a common High Court for two or more statesControl over subordinate courts

VIII Union Territories

239

239A

239AA241

Administration of Union TerritoriesLegislatures for certain UTs (esp. Pondicherry)

Special Provisions for NCT DelhiHigh Courts for UTs

IX Panchayat and Municipalities

243A243B243G

Gram SabhaComposition of PanchayatsAuthority and responsibility of Panchayats

XI Relation b/w the Union and States

244-255256-261

262263

Distribution of legislative powersAdministrative relationsDisputes relating to waterCo-ordination between states

XII Finance 268-281 Distribution of revenue b/w Union and states




300A Right to property

XIV Public Services 308-314 All India Services

XIV-A Tribunals 323A323B

Administrative TribunalsTribunals for other matters

XV Elections 324-329

XVII Languages

343-344345-347348-349

350 B

Official languages of the UnionLanguage of the statesLanguage of the Supreme Court and High CourtsSpecial officer for linguistic minorities

XVIII Emergency Provisions352356360

National EmergencyPresidential’s ruleFinancial Emergency

XX Amendment of the Constitution

368 Power to Parliament to amend the Constitution

Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to Articles and hence overlap with Parts of the Constitution.Schedule Focus Schedule Focus

First States and Union Territories Seventh Union, State and Concurrent list

Second Emoluments of higher level officials Eighth Official languages

Third Forms of Oaths Ninth Land reform, accession of Sikkim

Fourth Allocation of seats in the Rajya Sabha Tenth Anti-defection provisions for

MPs and MLAs

Fifth Administration of Scheduled Areas and STs Eleventh Rural development

Sixth Administration of tribal areas in Assam Twelfth Urban planning

MODIFYING THE CONSTITUTION




Amendments to the Constitution

Allowed by Article 368 of the Constitution Amendments can happen in three ways

o Simple majority of Parliamento Special majority of Parliamento Special majority of Parliament and ratification by at least half of the state

legislatures by a special majority Indian Constitution is the most frequently amended governing document in the world Supreme Court struck down two amendments for violation of basic structure of

Constitutiono 39th Amendment: election of Executive beyond scrutiny of courts, 1975 (during

Emergency)o Parts of 42nd Amendment: reduced power of Supreme Court and High Courts to

judge constitutionality of laws, 1976 (during Emergency) There have been a total of 96 amendments, as of 2011

Important Amendments to the Constitution:

No. Amendments Enacted Objectives

1

Amend articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.Insert articles 31A and 31B.Insert schedule 9.

June 1951

Secure validity for zamindari abolition laws

Place restrictions on freedom of speech

Protect laws contrary to fundamental rights

7

Amend articles 1, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232.Insert articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A.Amend part VIII.Amend schedules I, II, IV & VII

Nov 1956

Reorganize states on linguistic lines

Introduce Union Territories

12Amend article 240.Amend schedule I Dec 1961

Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal

13 Amend part XXI Dec 1963 Formation of Nagaland14 Dec 1962 Incorporate Pondicherry into




Amend articles 81 and 240.Insert article 239A.Amend schedules I and IV

India

Create Legislative Assemblies for HP, Tripura, Manipur, Goa

22Amend article 275.Insert articles 244A and 371B Sep 1969 Form autonomous states

within the State of Assam

23 Amend articles 330, 332, 333 and 334 Jan 1970

Extend reservation for SC/STs and nomination of Anglo Indians for another 10 years (up to 1980)

24 Amend article 13 and 368 Nov 1971

Enable parliament to dilute fundamental rights through amendments to the constitution

26

Amend article 366.Insert article 363A.Remove articles 291 and 362

Dec 1971Abolition of privy purse paid to former rulers of princely states

28 Insert article 312A.Remove article 314. Aug 1972 Rationalize Civil Service rules

31Amend articles 81, 330 and 332 Oct 1973

Increase size of Parliament from 525 to 545

Increased seats go to newly formed states in NE

36

Amend articles 80 and 81.Insert article 371F.Remove article 2A.Amend schedules I and IV.Remove schedule X

April 1975 Incorporation of Sikkim within the Indian Union

42

Amend articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F.Insert articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A.Insert parts IVA and XIVA.

April 1977

Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a "Socialist Secular" Republic




Amend schedule VII

45 Amend article 334 Jan 1980Extend reservation for SC/STs for another 10 years (i.e. up to 1990)

52Amend articles 101, 102, 190 and 191.Insert schedule X

Mar 1985 Anti-defection law

61 Amend article 326. Mar 1989 Lower voting age from 21 to 18

69 Insert articles 239AA and 239AB Feb 1992

Provide for legislative assembly for NCT Delhi

Delhi continues to be a UT

70 Amend articles 54 and 239AA. Dec 1991

Include NCT Delhi and Pondicherry in the electoral college for Presidential election

71 Amend schedule VIII. Aug 1992 Include Konkani, Manipuri, Nepali as National Languages

73 Insert part IX-A April 1993 The Panchayats

79 Amend article 334 Jan 2000Extend reservation for SC/STs for another 10 years (i.e. up to 2010)

86Amend articles 45 and 51A.Insert article 21A Dec 2002

Provide right to education until the age of 14

Provide early childhood care until the age of 6

90 Amend article 332 Sep 2003Reservation in Assam Assembly relating to Bodoland Territory Area

91Amend articles 75 and 164.Insert article 361B.Amend schedule 10

Jan 2004

Restrict cabinet size to 15% of legislative members

Strengthen anti-defection laws

93 Amend article 15 Jan 2006Reservation for OBCs in government and private educational institutions

95 Amend article 334 Jan 2010 To extent the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Sixty years




to Seventy years

96 Amend schedule 8. Sep. 2011 Substituted "Odia" for "Oriya"

Best of Luck Frnds..

Your valuable feedbacks are most welcome…



the constitution of india concise

Documents