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/ Page 1

A goal is a dream with a deadline.

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
y y y y y y y

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)
y y y

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 I FOCUS The Union and its Territory ARTICLE 1 2 3 5 II Citizenship 6 Deals With Name and territory of Union Admission of new states Creation of new states, alteration of existing Citizenship at the commencement of the Constitution Citizenship of migrants from Pakistan Persons acquiring foreign citizenship
Page 2

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

A goal is a dream with a deadline.

9 12 14 15 17 21 A 23 24 26 29

not to be citizens Definition of State Equality before law Prohibition of discrimination Abolition of untouchability Right to elementry education Prohibition of human trafficking and forced labour Prohibition of child labour Freedom to manage religious affairs Protection of minority interests

III

Fundamental Rights

40 41 42 IV Directive Principles and Fundamental Duties 44 45 46 49 50 52-62 63-69 74 76 80 81 84 V The Union 89 93 107 108
https://www.facebook.com/groups/indiancivils/

Organisation of village panchayats Right to work, education and public assistance in certain cases Humane work conditions and maternity relief Uniform civil code Free and compulsory education for children Promote interests of SC/ST, other weaker sections Protection of monuments/places of national importance Separation of judiciary from executive President of India Vice-President of India Council of Ministers Attorney-General for India Composition of the Council of States Composition of the House of the People Qualification for membership to Parliament Chairman & Deputy Chairman of the Council of States Speaker & Deputy Speaker of the House of the People Provisions for the introduction and passing of bills Joint sitting of both houses
Page 3

A goal is a dream with a deadline.

122 123 124 125 127 153-160 163 170 171 173 176 213 214 223 224 225 231 235 239 VIII Union Territories 239A 239AA 241 243A 243B 243G 244-255 256-261 262 263

VI

The States

Court not to inquire into proceedings of parliament Power to President to promulgate ordinance Establishment and constitution of the Supreme Court Appointment of the Chief Justice, Appointment of adhoc judges Governor of the state Council of Ministers Composition of the Legislative Assemblies Composition of the Legislative Councils Qualification for membership to state legislature Special address by governor Power of governor to promulgate Ordinances High Court Appointment of acting Chief Justice Appointment of additional judges Jurisdiction of the High Courts Establish of a common High Court for two or more states Control over subordinate courts Administration of Union Territories Legislatures for certain UTs (esp. Pondicherry) Special Provisions for NCT Delhi High Courts for UTs Gram Sabha Composition of Panchayats Authority and responsibility of Panchayats Distribution of legislative powers Administrative relations Disputes relating to water Co-ordination between states

IX

Panchayat and Municipalities

XI

Relation b/w the Union and States

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

Page 4

A goal is a dream with a deadline.

268-281 XII Finance 300A XIV Public Services 308-314 323A 323B 324-329 343-344 345-347 348-349 350 B 352 356 360 368

Distribution of revenue b/w Union and states Right to property All India Services Administrative Tribunals Tribunals for other matters Official languages of the Union Language of the states Language of the Supreme Court and High Courts Special officer for linguistic minorities National Emergency Presidential s rule Financial Emergency Power to Parliament to amend the Constitution

XIV-A XV

Tribunals Elections

XVII

Languages

XVIII

Emergency Provisions

XX

Amendment of 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 Union, State and Concurrent First States and Union Territories Seventh list Emoluments of higher level Second Eighth Official languages officials Land reform, accession of Third Forms of Oaths Ninth Sikkim Allocation of seats in the Rajya Anti-defection provisions for Fourth Tenth Sabha MPs and MLAs Administration of Scheduled Fifth Eleventh Rural development Areas and STs Administration of tribal areas in Sixth Twelfth Urban planning Assam

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

Page 5

A goal is a dream with a deadline.

MODIFYING THE CONSTITUTION Amendments to the Constitution

y y

y y

Allowed by Article 368 of the Constitution Amendments can happen in three ways o Simple majority of Parliament o Special majority of Parliament o 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 Constitution th o 39 Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency) nd o Parts of 42 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 Amend articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376. Insert articles 31A and 31B. Insert schedule 9. Enacted Objectives Secure validity for zamindari abolition laws Place restrictions on freedom of speech Protect laws contrary to fundamental rights 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 Amend article 240. Amend schedule I Amend part XXI

June 1951

Nov 1956

Reorganize states on linguistic lines Introduce Union Territories

12 13

Dec 1961 Dec 1963

Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal Formation of Nagaland
Page 6

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

A goal is a dream with a deadline.

14

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

Incorporate Pondicherry into India Dec 1962 Create Legislative Assemblies for HP, Tripura, Manipur, Goa Form autonomous states within the State of Assam Extend reservation for SC/STs and nomination of Anglo Indians for another 10 years (up to 1980) Enable parliament to dilute fundamental rights through amendments to the constitution Abolition of privy purse paid to former rulers of princely states Rationalize Civil Service rules Increase size of Parliament from 525 to 545 Oct 1973 Increased seats go to newly formed states in NE

22

Amend article 275. Insert articles 244A and 371B

Sep 1969

23

Amend articles 330, 332, 333 and 334

Jan 1970

24

Amend article 13 and 368

Nov 1971

26 28

Amend article 366. Insert article 363A. Remove articles 291 and 362 Insert article 312A. Remove article 314. Amend articles 81, 330 and 332

Dec 1971 Aug 1972

31

36

42

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

April 1975

Incorporation of Sikkim within the Indian Union

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

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

Page 7

A goal is a dream with a deadline.

Insert parts IVA and XIVA. Amend schedule VII 45 Amend article 334 Amend articles 101, 102, 190 and 191. Insert schedule X Amend article 326. Jan 1980 Extend reservation for SC/STs for another 10 years (i.e. up to 1990) Anti-defection law Lower voting age from 21 to 18 Provide for legislative assembly for NCT Delhi Delhi continues to be a UT Include NCT Delhi and Pondicherry in the electoral college for Presidential election Include Konkani, Manipuri, Nepali as National Languages The Panchayats Extend reservation for SC/STs for another 10 years (i.e. up to 2010) Provide right to education until the age of 14 Provide early childhood care until the age of 6 Reservation in Assam Assembly relating to Bodoland Territory Area Restrict cabinet size to 15% of legislative members Strengthen anti-defection laws Reservation for OBCs in government and private educational institutions To extent the reservation of seats for SCs and STs in the Lok Sabha and states
Page 8

52 61

Mar 1985 Mar 1989

69

Insert articles 239AA and 239AB

Feb 1992

70

Amend articles 54 and 239AA.

Dec 1991

71 73 79

Amend schedule VIII. Insert part IX-A Amend article 334

Aug 1992 April 1993 Jan 2000

86

Amend articles 45 and 51A. Insert article 21A

Dec 2002

90

Amend article 332

Sep 2003

91

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

Jan 2004

93

Amend article 15 Amend article 334

Jan 2006

95

Jan 2010

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

A goal is a dream with a deadline.

96

Amend schedule 8.

Sep. 2011

assemblies from Sixty years to Seventy years Substituted "Odia" for "Oriya"

Best of Luck Frnds.. Your valuable feedbacks are most welcome

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

Page 9