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Idea for a Constituent Assembly for drafting a constitution for India was first provided by Bal Gangadhar Tilak in 1895. The elections for the first Constituent Assembly were held in July 1946. Initially it had 389 members, but later the reformed Assembly had 324 members. The State of Hydrabad did not participate in elections to the Constituent Assembly. The first meeting of Constituent Assembly was held on December 9, 1946— its president was Dr Sacchidanand Sinha. The second meeting was held on December 11, 1946. Its president was Dr Rajendra Prasad. The Objectives Resolution was passed under chairmanship of J.L. Nehru. The Draft of Indian Constitution was presented in October 1947. President of the Drafting Committee was Bhim Rao Ambedkar. The Flag Committee worked under J.B. Kripalani. The total time consumed to prepare the draft was 2 years, 11 months, 18 days. Total 11 meetings were held for this. The Indian Constitution was enacted on November 26, 1946 and put into force on January 26, 1950. The Constitution today has 444 Articles and 12 schedules. Originally there were 395 Articles and 8 schedules. SOCIALIST, SECULAR, INTEGRITY—these words were added to the Preamble later, through the 42nd Amendment, 1976. The Preamble contains aims and objectives of our Constitution. Fundament Rights are contained in Part III— called “Magna Carta” of the Constitution. The idea was borrowed from USA. Initially there were 7 fundamental rights, now there are only 6. (The Right to Property was deleted by the 44th amendment in 1978. It is now a judicial right—it has been moved to Article 300(A).) The Supreme Court judgement in Keshwanand Bharti vs Kerala case provided that Fundamental Rights can be altered by the Parliament as long as the basic structure of the Constitution remains intact.
They are contained in Part IV of the Constitution. Quo Warranto—it asks how one has gained unauthorised office. Fundamental Right of Equality provides for: —Equality in government jobs (Article 16). Certiorari —Higher Court takes over case from lower courts. They were borrowed from Ireland. There are five types of writs: Habeas Corpus—“may I have the body”—it orders to present reasons as well as physical presence of a body in court. Rajya Sabha has 250 members—238 elected and 12 nominated by the President. Mandamus—issued to person. office or court—to enforce duties—also called “Param Aadesh”. —Abolition of titles (Article 18). The Constitution provides that High Courts and the Supreme Court can issue various writs (written orders) to safeguard freedom of an individual. The important freedoms granted are: —Against exploitation (Article 23). Prohibition—issued to inferior courts. he is not a member of any House. by superior courts—it prohibits (stops) action of acts outside their jurisdiction. Directive Principles of State Policy act as guidelines or morals for the government. The Vice President is the Chairman of the Rajya Sabha.The Minerva Mills case ruling of the Supreme Court. ruled that Fundamental rights are basic part of the Constitution. —Uniform civil code (Article 44). Dr Ambedkar has called this article as “soul” of the Constitution. —Free and compulsory education (Article 45). There are ten fundamental duties listed in the Constitution. The Right to Constitutional Remedies is provided under Article 32. Uttar . —No untouchability (Article 17). This idea was borrowed from Russia. within 24 hours of arrest. of which he is not a member. The power to alter them was snatched away. If a member is found sitting in another House of Parliament. —Against child labour (Article 24). Some important directive principles are: —Gram Panchayats (Article 40). However. however. he has to pay a fine of Rs 5000. Fundamental duties are contained in part IV(A). —No discriminations (Article 15).
Calcutta. the tenure of Lok Sabha can be extended by a maximum of one year. The President is elected by members of both Houses of Parliament and State Legislative Assemblies. followed by Bihar (54) and Maharashtra (48). . During a state of emergency. in 1862. followed by Bihar (22) and Maharashtra (19). To discuss an important topic. but is not allowed to vote. Maximum age to remain a High Court judge is 62 years and maximum age to remain a Supreme Court judge is 65 years. The Vice President is elected by all members of the Parliament. and Madras. He can participate and speak in both Houses of Parliament. but not the Rajya Sabha (It is a permanent House). The idea of having a Lokpal to check corruption at the highest level has been borrowed from “Ombudsman” of Sweden. Minimum age to be eligible for the post of the President is 35 years. we have the Lok Ayukta. the normal procedure of the Parliament is stopped under the Adjournment motion. Attorney General is the law expert to government. Allahabad and Delhi were established next in 1866. the President must hold at least two meetings of the Rajya Sabha. In the States. the Lok Sabha is dissolved. If a state of Emergency is declared. The process for removal of Comptroller and Auditor General of India is same as that of judges of the Supreme Court. Decision about whether a Bill is a Money Bill or not is taken by the Lok Sabha Speaker. Lok Sabha has 547 members—545 elected and 2 nominated from the Anglo-Indian Community. The first High Courts in India were established at Bombay. In one year time. Minimum age for becoming member of Lok Sabha is 25 years and Rajya Sabha is 30 years.Pradesh elects maximum number of members for the Rajya Sabha (34). Maximum number of members of Lok Sabha are elected from Uttar Pradesh (80 members).
Panchayat Samiti at block level and Zila Parishad in districts. There are at present 18 High Courts in India. in various States like J&K. The new Flag Code of India gives freedom to individuals to hoist the flag on all days. (Not implemented so far). (Implemented many times. Later. Nepali. The Indian Constitution was the first of the preceding two centuries which was not . four more were added.) Emergency under Article 360—Financial Emergency. Article 370 gives special status to Jammu & Kashmir. in 1969. The Constitution initially recognised 14 National Languages. but with due respect to the flag. a political party must be recognised in four or more States. The Question hour in the Parliament is observed from 11 am to 12 noon. Although the Parliament can pass impeachment motion against judges. Balwant Rai Mehta Committee suggested a three-tier structure for Panchayati Raj—Gram Panchayat village level. The flag of the Congress party was accepted as the National Flag (with few changes) on July 22. Konkani and Manipuri (71st amendment). Emergency under Article 352—due to war or internal rebellion. attaining at least 4% votes on national scale and 9% in each State. (Implemented three times (1962. Punjab. 71. 1947. etc. their conduct cannot be discussed by it. The first leader of the Opposition was Ram Subhag Singh. Planning Commission is only an advisory and specialist body. To gain the status of a National Party. National Development Council is the main body concerned with the actual planning process. These were: Sindhi (21st amendment). The Zero hour is observed from 12:00 noon to 1:00 pm.) Emergency under Article 356—Constitutional problems. Its chairman is the Prime Minister. First Constitutional Amendment—1951—put a ban on propagating ideas to harm friendly relations with foreign countries. Its chairman is also the Prime Minister.There are three types of Emergencies that can be proclaimed by the President. 75). The shortest Lok Sabha span was 13 days (12th Lok Sabha in 1998).
e. (i) 216 States were merged into the respective Provinces. the States had acceded only on three subjects (Defence. (ii) 61 States were converted into Centrally-administered areas and included in Part C of the First Schedule. Rajasthan.g. Later. (iii) The third form was consolidation of groups of States into new viable units. The process of merger started with the merger of Orissa and Chattisgarh States with the then province of Orissa. known as the Patel Scheme. 1949. through representatives in a Constituent Assembly. known as Union of States. geographically contiguous to them. As part of the integration of various Indian States into the Dominion of India a three-fold process of integration. . The process of integration culminated in the Constitution (7th Amendment) Act. As many as 275 States were integrated into five Unions—Madhya Bharat. These merged States were included in the territories of the States in Part B in the First Schedule of the Constitution. The last instance was merger of Cooch-Behar with West Bengal in January 1950. 1948. J&K and Mysore were also included in Part B. but was made by the people themselves. The last one was Union of Travancore-Cochin on July 1. The Indian Constitution endows the Judiciary with power of declaring a law as unconstitutional if it is beyond the competence of the Legislature according to the distribution of powers provided by the Constitution. 1948. Besides. which abolished Part B States as a class and included all the States in Part A and B in one list. Saurashtra and Travancore-Cochin. Articles 286. These were included in Part B of the First Schedule. 1956. The Preamble of the Indian Constitution is not enforceable in a court of law. Patiala and East Punjab States Union. 301 and 304. It states the objects which the Constitution seeks to establish. The first Union formed was the Saurashtra Union on February 15. Hyderabad. 299. At the time of accession to the Dominion of India. or if it is in contravention of the fundamental rights or of any other mandatory provision. except only those relating to taxation. revised Instruments of Accession were signed by which all States acceded in respect of all matters included in Union and Concurrent Lists. on January 1.imposed by an imperial power. Foreign Affairs and Communications). was implemented.
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