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Constitution of India

Supreme law of the land Defines the powers of the State, rights and duties of
the citizens
Drafting committee : Dr. B.R. Ambedkar was the chairman; members K.M.
Munshi, Madhava Rau and D.P. Khaitan
Constituent Assembly took 2 years 11months and 17 days to prepare the
constitution.
It contain 395 articles 8 schedules
Ready by 26 Nov. 1949 and promulgated on 26 Jan 1950.
Chairman of the Constitution Review Panel by NDA on Feb 2000: Justice
M.N. Venkatachalaiah.
Preamble : introduction to the constitution, reasons and purposes. Lays the
aims and objects.
Is Preamble part of constitution: No
Its idea has been taken from USA.
Source of constitution : Govt. Act of 1919,1935,1947 and the debates of the
constitutional Assembly
Features borrowed : Britain : Cabinet system, Parliamentary system of govt.
Two Houses.
USA : Federal system, Fundamental rights, head of the state President .
Canada : Union of States.
Ireland: Directive Principle of State Policy

42nd Amendment 10 fundamental duties.


Powers of President
Executive : Appointment of PM, Ambassadors CJI, CAG, EC,FC, Solicitor
General.
Legislative : No Bill can become law unless he puts his signatures.
Address both the Houses jointly.
Nominates 12 members and 2 Anglo Indians.
Can pass Ordinances.
Judicial : He can grant pardon and reprieve and suspend the death sentence.
No criminal proceeding against him. Impeachment.
Military : Supreme commander of Armed Forces of India.
Article 352, President can declare emergency in the country.
Article 356, President rule in the State under the break-down of the Law and
Order machinery.

Article 359, Suspension of Fundamental Rights.


Article 360, Reduce the salaries or the allowances of all.
Head of the Govt. : PM
PM and other ministers are appointed by President of India.
A person can be a minister without being the member of the either house
only of six months.
PM advises the president on the allocation of portfolios to the member of his
council of ministers.
Reserved seats 131.
2 nominate member in the Lok Sabha.
Rajya Sabha 250 members. 12 are the nominated members.
The term of Rajaya Sabha is 6 years. One third of its members retire every 2
years.
Rajya Sabha is not in the subject to dissolution.
Vice-President is the chairperson of Rajya Sabha.
A non- money bill can be initiated in either Houses, it cannot become law
without the consent of RS
Money Bill has to be returned within 14 days of time to LS.
Power to Grant Amnesty: general pardon to a body of people rests with LS.
Article 124, SC is the Supreme Court of India.
SC enjoys absolute powers of Judicial Review and it us the protector and
guardian of constitution.
Head of the state is Governor appointed by President.
There can be common High Courts for two states.

Appellate Jurisdiction: SC, High courts.


Article 245 to 255 have made a clear division of legislative powers between
Union and States. Union Lists contains 97 and State List 66 subjects.
Concurrent List contains 47 subjects and residuary powers have been given
to the union.
All the taxes collected goes to the Consolidated Fund of India.
Sources of Union Revenue : Corporation tax, customs duties, railways etc
Sources of State : Capitation Tax, land revenue, mineral rights etc
CAG : appointed by President of India.
Reviews the accounts of Union and State govt and submitte the reports to
parliament.
He is the custodian of Public Finance. Watch-dog

Chief Election Commissioner :Appointed by President of India. Responsible


for conducting the election for LS, State Assemblies.
Delimitation of constituencies for various elections.
UPSC : Chairman is elected by President.
Attorney General of India give advice govt on the legal matters. He has the
privilege to address both the Houses and immunities enjoys by the MPs.
Writ : Formal order in the name of govt to refrain from doing some specified
act.

V.S.Sampath Chief Election Commissioner ( T.N.Seshen)


Lok Adalats : 1987, settlement of disputes of the weaker sections of society.
73rd Amendment Panchayati Raj the third tier of govt. and step towards local
self govt.
Article 370 special status to J&K.
Lokpal in Union and Lokayukta at state level.

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