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Indian Constitution its parts

Indian Constitution its parts

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Published by bikhari
parts of constitution
parts of constitution

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Published by: bikhari on Oct 26, 2009
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09/12/2010

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Indian ConstitutionThe government of India act 1935, sowed the seeds for the present day constitutionIt is the lengthiest constitution in the world.It has about 450 articles divided into 24 parts and 12 schedulesSince 1950, around 20 articles and one part (7
th
) were deleted, and about 70 new articles,three parts, and four schedules were added.Vast size, single constitution for states and centre, historical factors and presence of legalluminaries were the main reasons for the length.Indian constitution is borrowed from almost all the constitutions of the world!The constitution is rigid and flexible.
Article 368
provides for amendments to beintroduced.Parts of Constitution at a glance:PartDeals withArticlesCovered1The Union and its territory1 42Citizenship5-113Fundamental Rights12-354Directive Principles of State Policy36 - 514AFundamental Duties51A5The Union Government52-1516 The State governments152 2377The Union Territories239 2428The Panchayats243 243O9The municipalities243P 243ZG10The Scheduled and tribal areas244 244A11Relations between Union and States245 26312Finance, property, contracts and suits264 300A13Trade, commerce and intercourse within the territory of India301 30714Services under the Union and States308 32314ATribunals323A 323 B15Elections324 329A16Special Provisions to SCs, STs, OBCs and Anglo Indians330 34217Official Language343 35118Emergency Provisions352 36019Miscallaneous361 36720Amendment of Constitution36821Temporary, transitional and special provisions369 - 39222Short title, commencement, authoritative text in Hindi andrepeals393 - 395
 
Preamble“We, the people of India, having solemnly resolved to constitute India into a SovereignSocialist Secular Democratic Republic and to secure to all its citizens:JUSTICE, Social, Economic, and Political;LIBERTY of thought, expression, belief, faith and worshipEQUALITY of status and 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 this twenty-sixth day of November, 1949, dohereby ADOPT, ENACT AND GIVE OURSELVES THIS CONSTITUTION”Part 1 – The Union and its territoryArticle 1 – India, that is Bharat, is a Union of StatesArticle 2 – Union can establish new states or admit new statesArticle 3 – Union can redraw boundaries of existing statesArticle 4 – No need for constitutional amendment to add new statesPresident has to forward the bill to Parliament w.r.t Article 3. He can ask for the opinionof the legislature, but it is not binding.Also, the power of the Parliament to diminish the area of a state does not cover cession of Indian territory to a foreign country. Hence the area, known as Berubari Union in WestBengal was given to Pakistan in 1960 (9
th
amendment).Part 2 – CitizenshipThe constitution deals with the citizenship from Article 5-11. However, it containsneither any permanent nor any elaborate provisions in this regard. It empowers theParliament to enact a law for matters such as acquisition, deprivation and any suchmatters of citizenship. Consequently, the Citizenship act of 1955 was enacted, and it isimportant to study this act. This act was amended in 1986 and 1992.The constitution provides citizenship toa.Persons domiciled in India b.Persons migrated from Pakistanc.Persons migrated to Pakistan but later returnedd.Persons of Indian origin residing outside the country.The Citizenship Act of 1955 prescribes 5 ways of acquiring citizenship1.By birth: There are two parts to this act. A person is a citizen of India by birth ihe was born in India between 26 January, 1950 and 30 June 1987. A new
 
amendment was done in 1986, wherein, a person born in India after 1987 had tohave one of his parents also to be an Indian citizenship. This was done to reducethe flow of immigrants. Also, children of foreign diplomats in India and enemyaliens cannot acquire citizenship by birth2.By Descent: This act was amended in 1992. A person born outside India iscitizens of India, if at the time of his birth, either of his parents are citizens of India. Before 1992, only if the father was a citizen would the child become acitizen3.By registration : Stay of five years immediately before making application, persons of Indian origin ordinarily resident in any country, minor children of  persons who are citizens, and persons who are citizens of commonwealthcountries.4.By Naturalisation: A foreigner can become a citizen of India if:a.He is not a subject or citizen of a country where Indian citizens cannot become naturalized citizens b.He renounces the citizenship of the other countryc.Either resided in India for 7 years, or has been in government service for 4yearsd.He is of good charactee.He has an adequate knowledge of language recognized by the constitution.f.He intends to reside in India or serve the government after Naturalisation5.By Incorporation of Territory: If India acquires any territory, then the Union getsto decide whom to give citizenship from the said territory.Loss of CitizenshipThere are three ways of losing citizenship1.By Renunciation2.By Termination3.By Deprivation

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