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Today I am going to tell you about Indian contsitution. Indian's constitution is the biggest constitution in the world and america's constitution is the smallest constitution in the world. Now we are going on a topic.
Contitution of India
a. First Idea of Constitution forwarded by MN Roy in 1934.
b. Congress demanded constituent assembly to constitution in 1935.
c. August Offer in 1940 was first time when British government accepted demands towards constitution.
d. Constituent assembly was constructed in November 1946 as per Cabinet mission plan.
e. Constitution of India is most close to Government of India Act, 1935.
f. Drafting committee was most important among all committees of Constituent assembly headed by Dr. BR Ambedkar.
g. Rajendra Prasad was chairman of Committee of state negotiation and Rules of procedure committee.
h. Important Features of Indian Constitution are:
I. Longest written constitution of world.
II. Constitution, in its current form (2013), consists of a preamble, 25 parts containing 448 articles, 12 schedules, 5 appendices and 98 amendments.
III. Parliamentary form of government with federal system with unitary bias.
IV. Integrated and independent judiciary.
V. Three tier government: Central, State and Panchayati Raj Government.
VI. Fundamental rights and fundamental duties.
VII. Single citizenship.
VIII. Emergency provisions.
IX. India inherits fundamental rights, Preamble, Independent judiciary from USA
X. India inherits Rule of law, single citizenship from UK.
i. Important Articles of the Constitution
I. 1: Name and Territory of the Union
II. 14: Equality before law
III. 17: Abolition of Untouchability
IV. 21A: Right to elementary education
V. 44: Uniform civil code for the citizens
VI. 51A: Fundamental duties
VII. 110: Definition of Money bills.
VIII. 112: Annual Budget
IX. 155: Appointment of governors
X. 280: Finance commission
XI. 315: Public service commission for states and Union.
XII. 343: Hindi as official language of India
XIII. 370: Temporary provisions with respect to J&K state.
j. Important Amendments in Constitutions
I. 24th Amendment, 1971 affirmed the power of the Parliament to amend any part of the Constitution.
II. 36th Amendment, 1975 by which Sikkim became the 22nd State.
III. 45th Amendment, 1980 extends reservation of seats for the Scheduled Castes and the Scheduled Tribes in Parliament and the State Assemblies.
IV. 61st Amendment, 1989 lowered the voting age from 21 to 18.
V. 69th Amendment, 1991 made National Capital Region. The Act also made provision for Legislative assembly and a council of ministers for Delhi.
VI. 73rd Amendment, 1992 ensure direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion to their population; and for reservation of not less than one third of the seats in Panchayats for women.
VII. 74th Amendment, 1992 made to ensure direct election to all seats in Nagarpalikas and Municipalities.
VIII. 76th Amendment Act, 1994 relates to the Reservation of Seats in Educational Institutes and of appointments or posts in the Services under a State, for Backward Classes, Scheduled Castes and Scheduled Tribes. The Supreme Court had ruled on November 16, 1992, that the total reservations under Article 16(40) of the Constitution should not exceed 50 per cent.
Union and its Territory
a. Article 1 says India that is Bharat shall be Union of states rather than federation of the states.
b. India comprises 29 States and 7 Union Territories.
c. 29 States are: Andhra Pradesh, Assam, Arunachal Pradesh, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand, Uttar Pradesh, West Bengal and telangana.
d. 7 Union Territories are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, National Capital Territory of Delhi, Lakshadweep and Puducherry.
Citizen
a. Constitution of India provides for a single citizenship for the whole of India.
b. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India, and
I. who was born in India, or
II. either of whose parents was born in India, or
III. who has been ordinarily resident in India for not less than five years, became a citizen of India.
c. The Citizenship Act, 1955 deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
Fundamental Rights and Duties
a. Fundamental Rights are guaranteed in the Constitution in the form of 6 broad categories of Fundamental Rights, which are justiciable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:
I. Right to equality.
II. Rght to freedom of speech and expression.
III. Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
IV. Right to freedom of conscience and free profession, practice, and propagation of religion;
V. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.
VI. Right to constitutional remedies for enforcement of Fundamental Rights.
b. Fundamental duties
I. Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State.
II. Fundamental duties are adopted by the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.
III. Article 51 'A', contained in Part IV A of the Constitution deals with Fundamental Duties.
IV. Fundamental duties shall be the duty of every citizen of India. The are:
1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
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Union Executives
a. President
I. Minimum 35 year age
II. Must be qualified to be a member of Lok Sabha.
III. President may resign by writing to vice-president.
IV. President tenure is 5 year in general.
V. Article 53 says all executives powers of union shall be vested in president.
VI. President is election by proportional representation.
b. Vice President
I. Minimum 35 year age.
II. Vice president Tenure is 5 year in general.
III. Article 63 says there shall be a vice president of India.
IV. Vice president gets salary begin the chairman of rajyasabha.
c. Attorney General of India
I. President appoints Judge of Supreme court as Attorney General of India.
II. He is first legal officer of the Government of India.
d. Comptroller & Auditor General (CAG)
I. Comptroller and Auditor-General is appointed by the President.
II. Procedure and grounds for his removal from office are the same as for a Supreme Court Judge.
III. He is not eligible for further office under the Union or a State Government after he ceases to hold his office.
IV. The President on advice of Comptroller and Auditor-General prescribes the form in which accounts of the Union and states are to be kept.
V. His reports on accounts of the Union and states are submitted to the President and respective governors which are placed before Parliament and state legislatures.
e. Election Commission
I. Article 324 provides the Superintendence, direction and control of elections to be vested in an Election Commission.
II. The term of chief election commissioner is for 6 years.
III. He/she is not eligible for reappointment.
IV. Electronic Voting Machine (EVM) was first time used in 1998 in Rajasthan, MP and delhi assemblies.
f. Bills in Parliaments
I. Ordinary bills can be introduced in any house without recommendation of president.
II. Money Bill can only originate in Lok sabha after recommendation of President.
III. Finance bill can only be introduced in Lok sabha after recommendation of President and should be passed in both houses by simple majority.
IV. Constitutional amendment bills can by introduced in any house but requires to be passed in both houses separately.
Judiciary System
a. Supreme court of India
I. On 26 January 1950, the day India's constitution came into force, the Supreme Court of India was formed in Delhi.
II. Jurisdiction and powers of the Supreme Court (SC) are defined under Articles 131 to 142 of the Indian Constitution. The jurisdiction includes original, writ, and appellate jurisdiction.
III. Judges of supreme court are appointed by President.
IV. Harilal Jekisundas (HJ) Kania was the first Chief Justice of India.
V. Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India, as the sanctioned full strength.
b. High Court
I. Judge of high court is appointed by president.
II. High Courts of India are the supreme judicial authority at the State level.
III. There are currently 21 High Courts in the country and of these the oldest High Court of India is the Kolkata High Court, which was established in the year 1862.
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