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1 IYACHAMY ACADEMY CHENNAI 9952521550, 044-48601550- WWW.IYACHAMY.COM TNPSC GROUP 1 & 2 CLASSES POLITY CLASS 1 NOTES Evolution of Indian Constitution Three important questions bothered the man right from the beginning of the history of civilization. They are: Is Government necessary? What is the best form of Government? How can we prevent the Government from becoming tyrannical? Answer to the above three questions is the origin of idea of constitutionalism and then the Constitutional law. The Constitution refers to that body of doctrines and practices which form basis for organizing a state The human being, according to the great Greek Philosopher Aristotle, is a political and social animal. Either human being or a family cannot survive in isolation. It became necessary for man to organize himself into communities and societies. With the growth of population, these societies grew and

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Page 1: TNPSC GROUP 1 & 2 CLASSES POLITY CLASS 1 …...1 IYACHAMY ACADEMY CHENNAI – 9952521550, 044-48601550- TNPSC GROUP 1 & 2 CLASSES POLITY CLASS 1 NOTES Evolution of Indian Constitution

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TNPSC GROUP 1 & 2 CLASSES

POLITY CLASS 1 NOTES

Evolution of Indian Constitution

Three important questions bothered the man right from the beginning of the

history of civilization. They are:

Is Government necessary?

What is the best form of Government?

How can we prevent the Government from becoming tyrannical?

Answer to the above three questions is the origin of idea of constitutionalism

and then the Constitutional law. The Constitution refers to that body of

doctrines and practices which form basis for organizing a state

The human being, according to the great Greek Philosopher Aristotle, is a

political and social animal. Either human being or a family cannot survive in

isolation. It became necessary for man to organize himself into communities

and societies. With the growth of population, these societies grew and

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multiplied and some form of rules and regulation was needed. Out of this need

arose law and government.

What is Constitution

It is in short, a rule of book of a nation, codifying rule of law

Constitution means a set of fundamental principles, basic rules and

established precedents (means standards/instances). It identifies, defines and

regulates various aspects of the State and the structure, powers and functions

of the major institutions under the three organs of the Government – the

executive, the legislature and the judiciary. It also provides for rights and

freedoms of citizens and spells out the relationships between individual citizen

and the State and government

Evolution of Indian Constitution

Indian democracy is Parliamentary form of democracy where executive is

responsible to the Parliament. The Parliament has two houses – Loksabha and

Rajyasabha. Also the type of governance is Federal, ie there is separate

executive and legislature at Center and States. We also have self governance at

local government levels. All these systems owe their legacy to the British

administration. Let us see the historical background of Indian Constitution and

its development through years.

Regulating Act of 1773

The first step taken by the British Parliament to control and regulate the

affairs of the East India Company in India.

It designated the Governor of Bengal (Fort William) as the Governor-

General (of Bengal).

Warren Hastings became the first Governor-General of Bengal. Executive

Council of the Governor-General was established (Four members). There

was no separate legislative council.

It subordinated the Governors of Bombay and Madras to the Governor-

General of Bengal.

The Supreme Court was established at Fort William (Calcutta) as the

Apex Court in 1774.

It prohibited servants of the company from engaging in any private trade

or acceptingbribes from the natives.

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Court of Directors (governing body of the company) should report its

revenue.

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the

company.

Court of Directors for Commercial functions and Board of Control for

political affairs.

Reduced the strength of the Governor General‟s council to three

members.

Placed the Indian affairs under the direct control of the British

Government.

The company‟s territories in India were called ‚the British possession in

India‛.

Governor‟s councils were established in Madras and Bombay.

Charter Act of 1813

The Company‟s monopoly over Indian trade terminated; Trade with India open

to all British subjects.

Charter Act of 1833

Governor-General (of Bengal) became as the Governor-General of

India. First Governor-General of India was Lord William Bentick.

This was the final step towards centralization in the British India.

Beginning of a Central legislature for India as the act also took away

legislative powers of Bombay and Madras provinces.

The Act ended the activities of the East India Company as a

commercial body and it became a pure administrative body.

Charter Act of 1853

The legislative and executive functions of the Governor-General‟s

Council were separated.

6 members in Central legislative council. Four out of six members

were appointed by the provisional governments of Madras, Bombay,

Bengal and Agra.

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It introduced a system of open competition as the basis for the

recruitment of civil servants of the Company (Indian Civil Service

opened for all).

Government of India Act of 1858

The rule of Company was replaced by the rule of the Crown in India.

The powers of the British Crown were to be exercised by the

Secretary of State for India

He was assisted by the Council of India, having 15 members

He was vested with complete authority and control over the Indian

administration through the Viceroy as his agent

The Governor-General was made the Viceroy of India. Lord Canning

was the first Viceroy of India.

Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

It introduced for the first time Indian representation in the institutions

like Viceroy‟s executive+legislative council (non-official). 3 Indians

entered Legislative council. Legislative councils were established in

Center and provinces.

It provided that the Vice-roys Executive Council should have some

Indians as the nonofficial members while transacting the legislative

businesses.

It accorded statutory recognition to the portfolio system.

Initiated the process of decentralisation by restoring the legislative

powers to the Bombay and the Madras Provinces.

India Council Act of 1892

Introduced indirect elections (nomination).

Enlarged the size of the legislative councils.

Enlarged the functions of the Legislative Councils and gave them the

power of discussing the Budget and addressing questions to the

Executive

Indian Councils Act of 1909

This Act is also known as the Morley- Minto Reforms.

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Direct elections to legislative councils; first attempt at introducing a

representative and popular element.

It changed the name of the Central Legislative Council to the Imperial

Legislative Council.

The member of Central Legislative Council was increased to 60 from 16.

Introduced a system of communal representation for Muslims by

accepting the concept of „separate electorate‟.

Indians for the first time in Viceroys executive council. (Satyendra

Prasad Sinha, as the law member)

Government of India Act of 1919 Montague-Chelmsford Reforms of 1919

The political developments in India during the First World War such as the

Home Rule Movement led to the August Declaration. On 20th August, 1917

Montague, the Secretary of State for India made a momentous declaration in

the House of Commons. His declaration assured the introduction of responsible

government in India in different stages. As a first measure the Government of

India Act of 1919 was passed by the Parliament of England. This Act is

popularly known as Montague-Chelmsford Reforms. At that time Lord

Chelmsford was the Viceroy of India

Features

Dyarchy was introduced in the provinces. Provincial subjects were

divided into “Reserved Subjects” such as police, jails, land revenue,

irrigation and forests and “Transferred Subjects” such as education, local

selfgovernment, public health, sanitation, agriculture and industries. The

Reserved subjects were to be administered by the Governor and his

Executive Council. The Transferred subjects by the Governor and his

ministers.

A bicameral (Two Chambers) legislature was set up at the centre. It

consisted of the Council of States and the Legislative Assembly. The total

member in the Legislative Assembly was to be a maximum of 145, out of

which 105 were to be elected and the remaining nominated. In the

Council of States there would be a maximum of 60 members out of which

34 were elected and the remaining nominated.

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The salaries of the Secretary of State for India and his assistants were to

be paid out of the British revenues. So far, they were paid out of the

Indian revenues.

A High Commissioner for India at London was appointed.

Provided for the establishment of Public Service Commission.

Extended reservation to Sikhs and Christians ,Anglo Indian and

Europeans

The Government of India Act of 1935

The Government of India Act of 1935 was passed on the basis of the report of

the Simon Commission, the outcome of the Round Table Conferences and the

White Paper issued by the British Government in 1933. This Act contained

many important changes over the previous Act of 1919.

Following were the salient features of this Act.

Provision for the establishment of an All India Federation at the Centre,

consisting of the Provinces of British India and the Princely States. (It did

not come into existence since the Princely States refused to give their

consent for the union.)

Division of powers into three lists: Federal, Provincial and Concurrent.

Introduction of Dyarchy at the Centre. The Governor-General and his

councillors administered the “Reserved subjects”. The Council of

Ministers were responsible for the “Transferred” subjects.

Abolition of Dyarchy and the introduction of Provincial Autonomy in the

provinces. The Governor was made the head of the Provincial Executive

but he was expected to run the administration on the advice of the

Council of Ministers. Thus provincial government was entursted to the

elected Ministers. They were responsible to the popularly elected

Legislative Assemblies.

Provincial Legilatures of Bengal, Madras, Bombay, United Provinces,

Bihar and Assam were made bicameral.

Extension of the principle of Separate Electorates to Sikhs, Europeans,

Indian Christians and Anglo Indians.

Esatblishment of a Federal Court at Delhi with a Chief Justice and 6

judges.

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Indian Independence Act 1947

The British Government accorded formal approval to the Mountbatten Plan by

enacting the Indian Independence Act on 18 July 1947. The salient features of

this Act were:

The partition of the country into India and Pakistan would come into

effect from 15 August 1947.

The British Government would transfer all powers to these two

Dominions.

A Boundary Commission would demarcate the boundaries of the

provinces of the Punjab and Bengal.

The Act provided for the transfer of power to the Constituent Assemblies

of the two Dominions, which will have full authority to frame their

respective Constitutions

Some Facts

Simon Commission

The Indian Statutory Commission , popularly known as the Simon Commission

(after the name of its chairman Sir John Simon),.was a group of seven British

Members of Parliament of United Kingdom that had been dispatched to India in

1928 to study constitutional reform the 1919 act and recommend to the

Government.One of its members was Clement Attlee, who subsequently

became the British Prime Minister and eventually oversaw the granting of

independence to India and Pakistan in 1947

Cripps Mission

From 22 March to 11 April 1942, Stafford Cripps, a member of the War

Cabinet, was dispatched to India to discuss the British Government‟s Draft

Declaration on the Constitution of India with representative Indian leaders

from all parties. The Cripps Mission failed and the issue of India‟s constitution

was postponed until the end of the war.

Cabinet Mission

The Cabinet Mission to India was consisted of the Secretary of state Pethick

Lawrence, Sir Stafford Cripps, and the President of the Board of Trade and A.V.

Alexander, First lord of the Admiralty. The Cabinet Mission was to seek an

agreement, on the constitutional issue with the Indian political leaders. In the

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election of 1945-46 Muslim League had own most of the Muslim seats in the

Central Assembly and the Provincial Legislatures. In the absence of any

unanimous solution the Cabinet Mission announced its own recommendation

on 16th May 1946.

Recommendation

The whole of India including the Princely States should form a

Federation.

The Central Government should be in charge of foreign affairs,

defence and communication.

A Constituent Assembly should be elected to frame a constitution for

the Indian Union.

There should be an Interim National Government with leaders of the

Indian parties to take charge of the administration.

There should be an Interim National Government with leaders of the Indian

parties to take charge of the administration.

Mountbatten Plan

To solve the political and communal deadlock the Mountbatten Plan of June 3,

1947 laid down detailed measures for the partition of India, and the speedy

transfer of political power in the form of Dominion Status to the newly-born

Dominions of India and Pakistan.

Laws made before Charter Act of 1833 were calledRegulations and

those made after are called Acts.

Lord Warren Hastings created the office of District Collector in 1772,

but judicial powers were separated from District collector later by

Cornwalis.

From the powerful authorities of unchecked executives, the Indian

administration developed into a responsible government answerable to

the legislature and people.

The development of portfolio system and budget points to the

separation of power.

1882: Lord Ripon‟s resolution was hailed as the „Magna Carta‟ of local

self government. He is regarded as the „Father of local self-government

in India‟

1921: Railway Budget was separated from the General Budget

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Making of Indian Constitution

Indian Constitution is the longest of all the written constitutions. It was

prepared by a representative body, known as Democracy at Work 3

Constitutional Values and Political System in India Notes the Constituent

Assembly. Most of its members were deeply involved in the freedom struggle.

They are respectfully called the founding fathers of the Constitution.

The Constitution of India was framed between December 1946 and December

1949. During this time its drafts were discussed clause by clause in the

Constituent Assembly of India. In all, the Assembly held eleven sessions, In

between the sessions, the work of revising and refining the drafts was carried

out by various committees and sub-committees.

The strength of the assembly was reduced to 299 as against 389 which was

originally fixed in 1946 under cabinet mission plan because of the partition of

the country. The strength of the Indian provinces was reduced to 229 from 296

and of those of the princely states from 70 to 93. Of these 284 were actually

present on the 26th Nov, 1949 and appended their signatures to the

constitution when it was finally passed.

Important Committee of the Constitution

Sr.

No.

Name of the Committee Chairman

1 Committee on the Rules of Procedure Rajendra Prasad

2 Steering Committee Rajendra Prasad

3 Finance and Staff Committee Rajendra Prasad

4 Credential Committee Alladi

Krishnaswami

Ayyar

5 House Committee B Pattabhi

Sitaramayya

6 Order of Business Committee KM Munshi

7 Ad-hoc Committee on the National Flag Rajendra Prasad

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8 Committee on the Functions of the Constituent

Assembly

GV Mavalankar

9 States Committee Jawaharlal Nehru

10 Advisory Committee on Fundamental Rights, Minorities

and Tribal and Excluded Areas

Vallabbhai Patel

11 Minorities Sub-committee HC Mookherjee

12 Fundamental Rights Sub-Committee JB Kripalani

13 North-East Frontier Tribal Areas and Assam, Excluded

and Partially Excluded Areas Sub-Committee

Gopinath Bardoloi

14 Excluded and Partially Excluded Area (other than those

in Assam) Sub-Committee

AV Thakur

15 Union Powers Committee Jawaharlal Nehru

16 Union Constitution Committee Jawaharlal Nehru

17 Drafting Committee BR Ambedkar

The constituent assembly had 11 sessions over two years, 11 months, 18 days.

The constitution makers had gone through the constitutions above 60

countries and the draft constitution was considered for 114 days.

Resolution

On 13 December 1946, Jawaharlal Nehru introduced the “Objectives

Resolution” in the Constituent Assembly. It was a momentous resolution that

outlined the defining ideals of the Constitution of Independent India, and

provided the framework within which the work of constitution-making was to

proceed. It proclaimed India to be an “Independent Sovereign Republic”,

guaranteed its citizens justice, equality and freedom, and assured that

“adequate safeguards shall be provided for minorities, backward and tribal

areas, and Depressed and Other Backward Classes

Drafting committee:

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The drafting committee was the most important of all the committees. It

consisted of 7 members.

1. Dr.B.R.Ambedkar- chairman

2. N.Gopalaswamy Iyengar

3. Alladi Krishnaswamy Iyer

4. Dr. K.M.Munshi

5. Syed mohammad saadullah

6. N.Madhavarao

7. T.T. Krishnamachary

Additional functions of the Constituent Assembly:

Apart from discharging the constituent functions and law making functions

the constituent assembly also performed the following additional functions:

It ratified the India‟s membership of the common wealth in May 1949.

It adopted the national flag on July 22, 1947.

It adopted the national anthem on Jan 24, 1950.

It adopted the national song on Jan 24, 1950

It elected Dr.Rajendra Prasad as the 1st president of India on January

24th 1950.

Interim Government (Viceroy’s Executive council) 1946

Office Name

Vice President of the Executive

Council Jawaharlal Nehru

External Affairs and Commonwealth

Relations Jawaharlal Nehru

Agriculture and Food Rajendra Prasad

Commerce Ibrahim Ismail

Chundrigar

Defence Baldev Singh

Finance Liaquat Ali Khan

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Office Name

Education C. Rajagopalachari

Health Ghazanfar Ali Khan

Home Affairs Vallabhbhai Patel

Information and Broadcasting Vallabhbhai Patel

Law Jogendra Nath Mandal

Railways and Transpot Asaf Ali

Works, Mines and Power C.H. Bhabha

Posts and Air Abdur Rab Nishtar

Labour Jagjivan Ram

Sources of Constitution

Major Sources

Provisions Sources

President (Nominal Head) The United Kingdom

Cabinet System of Ministers

Parliamentary type of Government

Post of Prime Minister

Bicameral Parliament

Council of Ministers

Provision of Speaker in Lok Sabha

Legislation

Citizenship

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Writs

Rule of Law

Preamble The United States

Fundamental Rights

Independent Judiciary

Judicial Review

Impeachment of President

Removal of Judges (of Supreme Court & High

Courts)

Functions of Vice-President

Federal System (with strong Center) Canada

Residuary powers in the Center

Appointment of Governors (in states) by the Center

Advisory Jurisdiction of Supreme Court

Principle of co-operative federalism Australia

Freedom of Inter-State trade

Trade and Commerce

Concurrent List

Joint siting of the two Houses of Parliament

Directive Principles of State Policy Ireland

Presidential Election

Nominating the members of Rajya Sabha

Republic France

Liberty, Equality, and Fraternity in the Preamble

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Fundamental Duties Russia

Idea of Social, Economic, and Political Justice in

Preamble

Procedure for amendment South Africa

Election of Rajya Sabha members

Emergency powers to be enjoyed by the Union Germany

Suspension of Fundamental Rights during

emergency

Procedure Established by Law Japan

The federal scheme Govt. of India Act

1935 Role of federal judiciary

Office of the Governor

Emergency provisions

Public Service Commissions

Administrative details

IMPORTANT ARTICLES AND PARTS

S. No. Elements Article

1. Fundamental Rights 14-35

2. Directive Principles of State Policy 36 – 51

3. Fundamental Duties specified for citizens of

India

51 A

4. Official Language of Union Government of India

– Hindi (Until it was changed to English)

343

5. Imposition of President‟s Rule 356

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6. Autonomous Status to the state of Jammu &

Kashmir

370

7. Repeals India Independence Act and

Government of India Act, 1935

395

Part of the

Indian

Constitution

Elements Article

I

India as Union of States & the territories

of the states

1

Admission and Establishment of New

States

2

Formation of new States and alteration of

areas, boundaries or names of existing

States

3

II

Citizenship at the commencement of the

Constitution

5

Rights of citizenship of a certain person

who has migrated to India from Pakistan

6

Continuance of the rights of citizenship 10

Parliament to regulate the right of

citizenship by law.

11

III Definition of the State 12

Laws inconsistent with or in derogation

of the fundamental rights

13

Fundamental Rights of the Citizens of

India

14-35

1. Right to Equality 14 -18

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a) Right to Equality – Equality before

the law

14

b) Right to Equality – Prohibition of

discrimination on the grounds of religion,

race, caste, sex. Or place of birth

15

c) Right to Equality – Equality of

opportunity in matters of public

employment

16

d) Right to Equality – Abolition of the

untouchability

17

e) Right to Equality – Abolition of titles 18

2. Right to Freedom 19-22

a) Guarantees to all the citizens of

India

Right to freedom of speech and

expression

Right to assemble peacefully and

without arms

Right to form associations or unions

Right to move freely throughout the

territory of India

Right to reside and settle in any

part of the territory of India

Right to practice any profession or

to carry on any occupation, trade,

and business

19

b) Protection in respect of conviction

for offences

20

c) Protection of life & personal liberty 21

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d) Protection against arrest and

detention in certain cases

22

Also Read:a) Right to Information

19(1)

b) Right to privacy 21

c) Right to education 21(A)

3. Right Against Exploitation 23-24

a) Prohibition of traffic in human

beings and forced labour

23

b) Prohibition of employment of

children in factories and mines for under

the age of 14

24

4. Right to Freedom of Religion 25 – 28

a) Freedom of conscience and free

profession, practice and propagation of

religion

25

b) Freedom to manage religious affairs 26

c) Freedom as to pay taxes for

promotion of any particular religion

27

d) Freedom from attending religious

instruction

28

5. Cultural & Educational Rights 29 – 30

a) Protection of interest of minorities 29

b) Right of minorities to establish and

administer educational institutions

30

6. Right to Constitutional

Remedies

31 – 35

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a) Right to property

(Repealed/Abolished)

31

b) Remedies for enforcement of

Fundamental Rights

32

c) Power of Parliament to modify the

rights in their application to Forces, etc.

33

d) Restriction on rights while martial

law is in force in any area

34

e) Legislation to give effect to the

provisions of this Part Notwithstanding

anything in this Constitution,

Parliament shall have, and the

Legislature of a State shall not have,

power to make laws

Any law in force immediately before

the commencement of this

Constitution in the territory of India

continue in force until altered or

repealed or amended by Parliament

Explanation

35

IV Directive Principles of State Policy 36-51

1. Definition 36

2. Application of the Principles 37

3. State to Secure a social order for

promotion of welfare of people

38

4. Certain principles of policy to be

followed by the state

39

5. Equal Justice & free legal aid 39 (A)

6. Organisation of Village panchayats 40

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7. Right to work, to education, and to

public assistance in certain cases

41

8. Provision for just and humane

conditions of work & maternity relief

42

9. Living Wages, etc. for Workers 43

10. Participation of workers in

management of industries

43 (A)

11. Uniform Civil Code for the citizens 44

12. Provision for free & compulsory

education for children (stands substituted

until date further announced)

45

13. Promotion of educational and

economic interest of scheduled castes, ST,

and OBC

46

14. Duty of the state to raise the level of

nutrition and the standard of living and to

improve public health

47

15. Organisation of agriculture and

animal husbandry

48

16. Protection and improvement of

environment and safeguarding of forests

and wild life

48 (A)

17. Protection of monuments and places

and objects of natural importance

49

18. Separation of judiciary from the

executive

50

19. Promotion of international peace

and security

51

20. Fundamental Duties (originally 10 &

now 11 duties by the 86th amendment act

51 (A)

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2002)a) to abide by the Constitution

and respect its ideals and institutions, the

National Flag and the National Anthem

b) to cherish and follow the noble

ideals which inspired our national

struggle for freedom

c) to uphold and protect the

sovereignty, unity and integrity of India

d) to defend the country and render

national service when called upon to do so

e) 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

f) to value and preserve the rich

heritage of our composite culture

g) to protect and improve the natural

environment including forests, lakes,

rivers and wild life, and to have

compassion for living creatures

h) to develop the scientific temper,

humanism and the spirit of inquiry and

reform

i) to safeguard public property and to

abjure violence

j) 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

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k) 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

(Stands not-in-force until date is notified)

V The Union 52 – 151

The President of India 52

Executive Power of the union 53

Election of President 54

Manner of election of President 55

Procedure for Impeachment of the

President

61

The Vice President of India 63

Election of Vice-president 66

Pardoning powers of President 72

Council of Ministers to aid and advise

President

74

Constitution of Parliament 79

The speakers and Deputy speakers of the

house of the people

93

Powers, Privileges, etc of the House of

Parliament

105

Special procedure in respect of money

bills

109

Definition of “Money Bills”. 110

Annual Financial Budget 112

Appropriation Bills 114

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Powers of the President to promulgate

Ordinances during recess of parliament

123

Establishment of Supreme Court 124

Appointment of acting Chief justice 126

Supreme court to be a court of Record 129

Seat of the Supreme court 130

Special leaves for appeal to the Supreme

Court

136

Review of judgement or orders by the

Supreme court

137

Decision of the Supreme Court binding on

all the courts

141

Comptroller and Auditor- General of India 148

Duties & Powers of CAG 149

VI The States 152 – 237

Definition 152

Governors of the State 153

Executive power of State 154

Appointment of Governor 155

Term of office of Governor 156

Discharge of the functions of the Governor

in certain contingencies

160

Pardoning powers of the Governor 161

Advocate-General of the State 165

Language to be used in the Legislature 210

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Power of Governor to promulgate

ordinances

213

High Courts for states 214

High Courts to be a court of record 215

Power of High Courts to issue certain

writs

226

Appointment of District judges 233

Control over Sub-Ordinate Courts 235

VII The States (Part B) – Repealed in the

7thAmendment Act, 1956

238

VIII The Union Territories 239 – 242

Administration of Union Territories 239

Special provisions with respect to Delhi 239 (AA)

Power of President to make regulations for

certain Union territories

240

High Courts for Union territories 241

IX The Panchayats 243 A-O

a) Definitions 243

b) Gram Sabha 243 (A)

c) Constitution of Panchayats 243 (B)

d) Powers, authority and

responsibilities of Panchayats

243 (G)

e) Bar to interference by courts in

electoral matters

243 (O)

IX (A) The Municipalities 243 P – ZG

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X The Scheduled & Tribal Areas 244

XI Relations between the Union & the

states

245 – 263

XII Finance, Property, Contracts and Suits 264 – 300

Interpretation 264

Consolidated Funds and public accounts

of India and of the States.

266

Contingency Fund 267

Duties levied by the Union but collected

and appropriated by the States

268

Taxes levied and collected by the Union

but assigned to the States

269

Taxes levied and distributed between the

Union and the States

270

Surcharge on certain duties and taxes for

purposes of the Union

271

Finance Commission 280

Borrowing by the Government of India 292

Borrowing by States 293

Suits and proceedings 300

XIII Trade, Commerce and Intercourse

within the Territory of India

301 – 307

Freedom of trade, commerce and

intercourse

301

Power of Parliament to impose restrictions

on trade, commerce and intercourse

302

Appointment of authority for carrying out 307

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the purposes of articles 301 to 304

XIV Services Under the Union and the

States

308 – 323

Interpretation 308

Recruitment and conditions of service of

persons serving the Union or a State

309

All-India services 312

Public service commissions for the union

and for the states

315

Functions of Public Service Commission 320

XIV (A) Tribunals 323 (A) – 323

(B)

Administrative Tribunals 323 (A)

Tribunals for other matters 323 (B)

XV Elections 324 – 329

Superintendence, direction and control of

elections to be vested in an Election

Commission

324

No person to be ineligible for inclusion in,

or to claim to be included in a special,

electoral roll on grounds of religion, race,

caste or sex

325

Elections to the House of the People and

to the Legislative Assemblies of States to

be on the basis of adult suffrage

326

XVI Special Provisions Relating to Certain

Classes

330 – 342

National Commission for the SC, & ST 338

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Appointment of a commission to

investigate the conditions of backward

classes

340

Scheduled Castes 341

Scheduled Tribes 342

XVII Official Language 343 – 351

Official language of the Union 343

Official languages or languages of states 345

Languages to be used in the Supreme

Court and in the High Courts

348

Directive for development of the Hindi

languages

351

XVIII Emergency Provisions 352 – 360

Proclamation of Emergency 352

Duty of the Union to protect States

against external aggression and internal

disturbance

355

Provisions in case of failure of

constitutional machinery in States

356

Provisions as to financial emergency 360

XIX Miscellaneous 361 – 367

Protection of President and Governors and

Rajpramukhs

361

Effect of failure to comply with, or to give

effect to, directions given by the Union

365

Definitions 366

Interpretation 367

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XX Amendment of the Constitutions 368

XXI Temporary, Transitional and Special

Provisions

369 – 392

Temporary power to Parliament to make

laws with respect to certain matters in the

State List as if they were matters in the

Concurrent List

369

Temporary provisions with respect to the

State of Jammu and Kashmir

370

XXII Short title – This Constitution may be

called the Constitution of India

393 – 395

Short title 393

Commencement 394

Authoritative text in the Hindi language 394 (A)

Repeals 395

Important amendment

First Amendment ,1951 placed reasonable restrictions on free speech, and

created the Ninth Schedule that protects laws

placed in it from judicial scrutiny

Seventh Amendment 1956 paved the way for reorganization of states along

linguistics lines.

12th Amendment,1961 led to incorporation of Goa, Daman and Diu as a

Union Territory, consequent to acquisition from

Portugal

26th Amendments,1971 Led to abolition of privy purse paid to former

rulers of princely states which were incorporated

into the Indian Republic.

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35th and 36th

Amendments , 1975

made Sikkim part of the Indian Union

42nd Amendment,1976 passed during Emergency curtailed fundamental

rights, imposed a set of fundamental duties and

added the words „secular‟ and „socialist‟ to the

Preamble.

43rd amendment ,1978 Which repeals the obnoxious provisions of the

Constitution (42nd Amendment) Act passed during

the emergency.

44th Amendment,1978 Right to Property has been deleted from the list of

Fundamental Rights. The term of Parliament and

State Legislatures has been reduced from six to

five years.

52nd Amendment ,1985 10th schedule to the Constitution anti defection

law.

61st Amendment , 1989 Lowered the voting age from 21 to 18.

69th Amendment, 1991 The name of Union Territory Delhi changed to

National Capital Area.

70th Amendment 1992 Members of Pondicherry Assembly and members of

the proposed Assembly of Delhi given right to elect

the President.

73rd Amendment, 1992 It is concerning Panchayati Raj

74th Amendment,1992 It is regarding Municipal Boards and Corporations

76th Amendment ,1994 Enabled continuance of 69% reservation in Tamil

Nadu by including the relevant Tamil Nadu Act

under 9th Schedule of the constitution.

86th Amendment ,2002 Provides for Right to Education until the age of

fourteen and early childhood care until the age of

six.

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99th Amendment ,2014 Paved the way for appointment and transfer in

higher judiciary by creating National Judicial

Appointment Commission. It was struck down by

the SC in 2015.

100th Amendment ,2015 Enabled exchange of certain enclaves with

Bangladesh.

101 Amendment, 2016 Goods & Services Tax