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Guidance Programme for SSC Combined Graduate Level Exam 2012

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Indian Polity
DIRRERENT SOURCES OF THE INDIAN CONSTITURION Although the skeleton of the constitution was derived from Government of India Act 1935, many provisions were imported from other constitution,, of the world. Some of them are listed below: Government of India Act 1935: Federal scheme, office of Governor, power of Federal judiciary, emergency powers etc. Constitution of Britain: Law making procedures, rule of law, provision for single citizenship, Parliamentary system of government, office of CAG. Constitution of USA: Independence of judiciary. judicial review, fundamental rights, removal of Supreme Court and High Court judges, preamble and functions of Vice-president. Constitution of Canada: Federation with strong Centre, to provide residuary powers to the centre. Constitution of Ireland: Directive Principles of State policy, method of presidential elections, and the nomination of members to Rajya Sabha by the President, Constitution of Germany: Provisions concerning the suspension of fundamental rights during emergency. Constitution of Australia: Idea of the Concurrent list. Constitution of South Africa: Amendment with 2/3rd majority in Parliament and election of the Members of Rajya Sabha on the basis of proportional representation. THE PREAMBLE The 42nd Amendment (1976) added the words Secular and Socialist end now the Preamble reads as follows: We, the people of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens: Justice, social. economic and political; Liberty of thought, expression, belief, faith and worship Equality of status and of opportunity: and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. In our Constituent Assembly on this twenty-sixty day November, 1949, we do hereby, Adopt, Enact and Give Ourselves this Constitution. PARTS AND ARTICLES OF THE CONSTITUTION Part I/Articles 1-4 Part Part Part Part Part II/Articles 5-11 III/Articles 12-35 I V/Articles 36-51 I V-A/Article 51A V/Articles 52-151 : Territory of India, admission, establishment or formation of new states : Citizenship : Fundamental Rights : Directive Principles of State Policy : Duties of a citizen of India : Government at the Union level

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Part Part Part Part Part Part Part Part Part Part Part Part Part Part Part Part Part Part

VI/Articles 152-237 VII/Article 238 VIII/Articles 239-241 IX/Articles 242-243 IX-A/Articles 243P-243 ZG X/Articles 244-244 XI/Articles 245-263 XMI/Articles 263-300 XIII/Articles 301307 XIV/Articles 308-323 XIV-A/Articles 323A-323B XV/Articles 324-329 XVI/Articles 330-342 XVII/Article 343-351 XVIII/Articles 352-360 XIX/Article 361-367 XX/Article,68 XXI/Articles X69-392

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Government at the State level Repeated by 7th Amendment 1956 Administration of Union Territories The Panchayats The Municipalities A Scheduled and tribal areas Relations between the Union and States A Finance, property, contracts and suits Trade, commerce and travel within territory of India Services under the Union and States Deals with administrative tribunals A Election and Election Commission Special provision to certain classes SCs/STs, OBCs and Anglo Indians Official languages Emergency provisions Miscellaneous provisions Amendment of Constitution Temporary, transitional and special provisions

SCHEDULES IN THE CONSTITUTION First Schedule Second Schedule It deals with the territories of th, 28 states and 7 union, territories of the Indian Union. Deals with salaries, allow a cesn etc., payable to the President of India, Governors of States, Chief Justice of India, judges of the Supreme Court and High Courts and the Comptroller and editor General of India. There revised salaries now are: President of India Rs 1.50,000 pm Vice-President Rs 1.20.000 pm Governor of a state Rs 1,10,000 par (varies from state to state) Chief Justice of India Rs 1,00.000 pm Judges of the Supreme Court Rs 90,000 pm Chief Justice of a High Court Rs 90,000 put Judges of a High Court Rs. 80.000 put It prescribes the various forms of oath or affirmation, which various incumbents have to take before assuming a public office. Allocates seats to each state and union territory in the Rajya Sabha. Contains provisions as to the administration and control of Scheduled Areas. It deals with the administration and control of the Scheduled Areas. Deals with provisions regarding administration of tribal areas in the states of Assam, Meghalaya and Mizoram. This Schedule in the Constitution, amended in 1988 by the Act 67 of 1988, received the assent of the President on 16 December 1988, and was applied

Third Schedule Fourth Schedule

Fifth Schedule Sixth Schedule

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Seventh Schedule

Eighth Schedule

Ninth Schedule

Tenth Schedule Eleventh Schedule

to the states of Tripura and Mizoram w.e.f. 16 December 1988. Gives three lists of powers and subjects to be looked after by the Union and the states as follows: (i) Union ListComprises subjects of all-India importance like Defence. International Affairs. Railways. Post and Telegraph, Income tax, etc. The Parliament has the exclusive power to legislate on these subjects. It contains 97 subjects: (ii) State List-Contains subjects of local importance. Normally, the State Legislature alone legislates on these subjects. It contains 66 subjects. (iii) Concurrent List-Contains subjects on which the Parliament as w ell as the State Legislature enjoy authority. According to the 88th amendment, service tax is to be levied, collected and appropriated by the union and the states. Gives a list of 22 regional languages recognised by the Constitution; Originally there were only 14 languages in the schedule and the l5th language Sindhi was added by the list amendment in 1967, and three languages-Konkani, Manipuri and Nepali were added by the 71st amendment in 1992. In 2003, the 92nd amendment added four more languages to the list-Bolo, Dogri, Maithali and Santhali. The language are as follows: 1. Assamese 2. Bengali 3. Bndo 4. Dogri 5. Gujarati 6. Hindi, 7. Kanada 8. Kashmiri 9. Malayalam 10. Maithali 11. Marathi 12. O, it a, 13. Punjabi 14. Sanskrit 15. Sindhi, 16. Tamil 17. Telugu 18. Santhali 19. Urdu 20. Konkagi 21. Manipuri 22. Nepali. Contains certain Acts and regulations of the State Legislature dealing with and reforms and abolition of the zamindari system. it contains 284 Acts. This Schedule was added to the Constitution in 1951, by the First Constitution (Amendment Act. Contains certain provisions -regarding disqualification of members on grounds of defection. It lists 29 subjects on which the panchayats have been given administrative control. It was added to the C o n sti tu ti o n on 20 April 1992, by the 7 3 r d Ame n d m e n t in 1992. It lists 18 subjects on w hich the municipalities are given administrative control. It was added to the C o n sti tu ti o n on 20 April 1992 by the 7 4 t h

Twelfth Schedule

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Ame n d m e n t in 1992.

CITIZENSHIP

Part II (Articles 5-11): The Constitution provides for only single citizenship and there Parliament can, by law, deprive any person of his citizenship if it is satisfied that citizenship was acquired by fraud, false representation, or concealment of material facts.

is no separate citizenship of states. Citizenship can be acquired (Citizenship Act, 1955) by birth, descent, registration, naturalization or when India acquires new territories. Citizenship can be lost by renunciation, termination or deprivation.

Dual Citizenship, 2005


Under the Citizenship Act 2003, those eligible to become citizen of India as on 26 January 1950, could apply for dual Indian citizenship. The government has extended dual citizenship to all those who were holding the Person of Indian Origin Card (PIOC) and who had migrated from India after the formation of the Indian Republic. Persons of Indian origin who were citizens of Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, the Netherlands, New Zealand, Portugal, Cyprus, Sweden, Switzerland, the United Kingdom and the United States of America were eligible to apply for dual citizenship. A person who has been at any time a citizen of Pakistan, Bangladesh or any other country that the government may notify n future is not entitled to dual citizenship.
FUNDAMENTAL RIGHTS Part III (Articles 12-35): Originally seven Fundamental Rights were listed in the Constitution. However, after the 44the Amendment 1978, there are now only six Fundamental Rights, they are: 1. Right of Equality (Article 14-18) 2. Right of Freedom (Article 19) It guarantees: (i) Freedom of speech and expression. (ii) Freedom to assemble peacefully and without arms. (iii) Freedom to form associations and unions. (iv) Freedom of movement throughout India. (v) Freedom to practice any profession or to carry on any occupation trade or business. 3. Right to Freedom of Religion (Articles 25-28) 4. Cultural and Educational Rights (Articles 29-30) 5. Right Against Exploitation (Articles 23-24) 6. Right to Constitutional Remedies (Articles 32-35)

Right to property used to be a Fundamental Right but has now become only a legal right. The Janata Government on 20 June 1978, omitted the Right to Property by Constitution (44th) Amendment Act, 1978.
DIRECTIVE PRINCIPLES PART IV (ARTICLES 36-51) Part IV of the Constitution deals with the Directive Principles of state policy. The main Directive Principles are: 1. Provision of adequate means of livelihood to all. 2. Equitable distribution of wealth among all.

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3. Protection of children and youth. 4. Equal pay for equal work to both men and women. 5. Free and compulsory education for children up to the age of 14 years. 6. Prevention of cow slaughter. 7. The right to work, to education, to public assistance in case of unemployment, old age, sickness and disability.

8. Prohibition of liquor. 9. Establishment of village panchayats. 10. Protection of historical and national monuments. 11. Separation of the judiciary from the Executive to secure for all citizens, a uniform civil code. 12. Promotion of international cooperation and world security.

13. Free legal aid from the state to the weaker sections of society. 14. State to protect natural environment, forests and wildlife.

Difference between Fundamental Rights and Directive Principles (a) Fundamental Rights constitute a limitation upon the state actions whereas, Directive Principles are instruments of instruction to a government to carry out certain responsibilities. (b) Directive Principles cannot be enforced in a court of law and do not create any justifiable right in favour of an individual. The 42nd Amendment Bill, 1976 had given the Directive Principles precedence over the Fundamental Rights. This amendment also added two more Directive Principles: (a) Free legal aid from state to weaker sections. (b) State to protect natural environment, forests and wildlife.

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Guidance Programme For SSC Combined Graduate Level 2012

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