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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, INTEGRITYthese 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 rightit 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. The Minerva Mills case ruling of the Supreme Court, however, ruled that Fundamental rights are basic part of the Constitution. The power to alter them was snatched away. Fundamental Right of Equality provides for: Equality in government jobs (Article 16). No discriminations (Article 15). No untouchability (Article 17). Abolition of titles (Article 18). The important freedoms granted are: Against exploitation (Article 23). Against child labour (Article 24). The Right to Constitutional Remedies is provided under Article 32. The Constitution provides that High Courts and the Supreme Court can issue various writs (written orders) to safeguard freedom of an individual. There are five types of writs:

Habeas Corpusmay I have the bodyit orders to present reasons as well as physical presence of a body in court, within 24 hours of arrest. Mandamusissued to person, office or courtto enforce dutiesalso called Param Aadesh. Prohibitionissued to inferior courts, by superior courtsit prohibits (stops) action of acts outside their jurisdiction. Quo Warrantoit asks how one has gained unauthorised office. Certiorari Higher Court takes over case from lower courts. Dr Ambedkar has called this article as soul of the Constitution. Directive Principles of State Policy act as guidelines or morals for the government. They are contained in Part IV of the Constitution. They were borrowed from Ireland. Some important directive principles are: Gram Panchayats (Article 40). Uniform civil code (Article 44). Free and compulsory education (Article 45). Fundamental duties are contained in part IV(A). There are ten fundamental duties listed in the Constitution. This idea was borrowed from Russia. The Vice President is the Chairman of the Rajya Sabha. However, he is not a member of any House. If a member is found sitting in another House of Parliament, of which he is not a member, he has to pay a fine of Rs 5000. Rajya Sabha has 250 members238 elected and 12 nominated by the President. Uttar Pradesh elects maximum number of members for the Rajya Sabha (34), followed by Bihar (22) and Maharashtra (19). In one year time, the President must hold at least two meetings of the Rajya Sabha. If a state of Emergency is declared, the Lok Sabha is dissolved, but not the Rajya Sabha (It is a permanent House). Lok Sabha has 547 members545 elected and 2 nominated from the Anglo-Indian Community. During a state of emergency, the tenure of Lok Sabha can be extended by a maximum of one year. Maximum number of members of Lok Sabha are elected from Uttar Pradesh (80 members), followed by Bihar (54) and Maharashtra (48). Minimum age for becoming member of Lok Sabha is 25 years and Rajya Sabha is 30 years. Minimum age to be eligible for the post of the President is 35 years. The President is elected by members of both Houses of Parliament and State Legislative Assemblies. The Vice President is elected by all members of the Parliament. To discuss an important topic, the normal procedure of the Parliament is stopped under the Adjournment motion. Decision about whether a Bill is a Money Bill or not is taken by the Lok Sabha Speaker. The first High Courts in India were established at Bombay, Calcutta, and Madras, in 1862. Allahabad and Delhi were established next in 1866. Maximum age to remain a High Court judge is 62 years and maximum age to remain a Supreme Court judge is 65 years. The process for removal of Comptroller and Auditor General of India is same as that of judges of the

Supreme Court. Attorney General is the law expert to government. He can participate and speak in both Houses of Parliament, but is not allowed to vote. The idea of having a Lokpal to check corruption at the highest level has been borrowed from Ombudsman of Sweden. In the States, we have the Lok Ayukta. There are three types of Emergencies that can be proclaimed by the President. Emergency under Article 352due to war or internal rebellion. (Implemented three times (1962, 71, 75).) Emergency under Article 356Constitutional problems. (Implemented many times, in various States like J&K, Punjab, etc.) Emergency under Article 360Financial Emergency. (Not implemented so far). The Constitution initially recognised 14 National Languages. Later, four more were added. These were: Sindhi (21st amendment), Nepali, Konkani and Manipuri (71st amendment). To gain the status of a National Party, a political party must be recognised in four or more States, attaining at least 4% votes on national scale and 9% in each State. The flag of the Congress party was accepted as the National Flag (with few changes) on July 22, 1947. The new Flag Code of India gives freedom to individuals to hoist the flag on all days, but with due respect to the flag. The Question hour in the Parliament is observed from 11 am to 12 noon. The Zero hour is observed from 12:00 noon to 1:00 pm. Balwant Rai Mehta Committee suggested a three-tier structure for Panchayati RajGram Panchayat village level, Panchayat Samiti at block level and Zila Parishad in districts. First Constitutional Amendment1951put a ban on propagating ideas to harm friendly relations with foreign countries. Planning Commission is only an advisory and specialist body. Its chairman is the Prime Minister. National Development Council is the main body concerned with the actual planning process. Its chairman is also the Prime Minister. The first leader of the Opposition was Ram Subhag Singh, in 1969. The shortest Lok Sabha span was 13 days (12th Lok Sabha in 1998). Although the Parliament can pass impeachment motion against judges, their conduct cannot be discussed by it. There are at present 18 High Courts in India. Article 370 gives special status to Jammu & Kashmir. The Indian Constitution was the first of the preceding two centuries which was not imposed by an imperial power, but was made by the people themselves, through representatives in a Constituent Assembly. The Preamble of the Indian Constitution is not enforceable in a court of law. It states the objects which the Constitution seeks to establish. 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, or if it is in contravention of the fundamental rights or of any other mandatory provision, e.g. Articles 286, 299, 301 and 304. As part of the integration of various Indian States into the Dominion of India a three-fold process of integration, known as the Patel Scheme, was implemented. (i) 216 States were merged into the respective Provinces, geographically contiguous to them. These merged States were included in the territories of the States in Part B in the First Schedule of the Constitution. The process of merger started with the merger of Orissa and Chattisgarh States with the then province of Orissa, on January 1, 1948. The last instance was merger of Cooch-Behar with West Bengal in January 1950. (ii) 61 States were converted into Centrally-administered areas and included in Part C of the First Schedule. (iii) The third form was consolidation of groups of States into new viable units, known as Union of States. The first Union formed was the Saurashtra Union on February 15, 1948. The last one was Union of Travancore-Cochin on July 1, 1949. As many as 275 States were integrated into five UnionsMadhya Bharat, Patiala and East Punjab States Union, Rajasthan, Saurashtra and Travancore-Cochin. These were included in Part B of the First Schedule. Besides, Hyderabad, J&K and Mysore were also included in Part B. At the time of accession to the Dominion of India, the States had acceded only on three subjects (Defence, Foreign Affairs and Communications). Later, revised Instruments of Accession were signed by which all States acceded in respect of all matters included in Union and Concurrent Lists, except only those relating to taxation. The process of integration culminated in the Constitution (7th Amendment) Act, 1956, which abolished Part B States as a class and included all the States in Part A and B in one list.

Important Articles of the Indian Constitution:

Indian constitution is the largest constitution in the world it contains originally 395 Articles, 22 parts, and 8 schedule. And presently it has 448 articles, 22 parts, and 12 schedules. Part 1- Art. 1 to art. 4: Art.1- Name and territory of the union. Art.2 - Admission and Establishment of the new state. Art.3- Formation of new states and alteration of areas, boundaries, and name of existing states. Part 2- Art. 5 to art. 11: Art.5 - Citizenship at the commencement of the constitution. Art.6- Rights of citizenship of certain person who have migrated to India from Pakistan.

Art.10- continuance of rights of citizenship. Art.11- Parliament to regulate the right of citizenship by law. Part 3- Art.12 to art.35 Art.12- Definition of the state Art.13 Laws inconsistent with or in derogation of the fundamental rights. Originally, constitution provided for 7 basic fundamental rights, now there is only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution. Some important Fundamental Rights are as: Right to Equality: Art. 14 to Art. 18 Art.14- Equality before the law. Art.15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth. Art.16- Equality of opportunity in matters of public employment. Art.17- Abolition of the untouchability. Art.18- Abolition of titles Right to Freedom: Art. 19 to art. 22 Art.19 guarantees to all the citizens the six rights (a) Right to freedom of speech and expression. (b) Right to assemble peacefully and without arms. (c) Right to form associations or unions. (d) Right to move freely throughout the territory of India. (e) Right to reside and settle in any part of the territory of India. (f) Right to practice any profession or to carry on any

occupation, trade, and business. Art.20- Protection in respect of conviction for offences. Art.21-Protection of life and personal liberty. Art .22- Protection against arrest and detention in certain cases. Right against Exploitation: Art.23 & art. 24 Art. 23- Prohibition of traffic in human beings and forced labour. Art.24- Prohibition of employment of children in factories and mines. Under age of 14. Right to Freedom of Religion: Art.25 to art. 28 Art.25- Freedom of conscience and free profession , practice and propagation of religion. Art.26- Freedom to manage religious affairs. Art.27- Freedom as to pay taxes for promotion of any particular religion. Art.28- Freedom from attending religious instruction. Cultural and Educational Rights:Art.29 & art. 30 Art. 29- Protection of interest of minorities. Art.30- Right of minorities to establish and administer educational institutions. Art.32- Remedies for enforcement of Fundamental Rights. Part.4 Directive Principal of states Policy: Art 36 to art. 51 Art.36- Definition Art.37- Application of DPSP Art.39A- Equal justice and free legal aid Art.40- Organisation of village panchayat Art.41- Right to work , to education, and to public assistance in certain cases Art.43- Living Wages, etc. for Workers.

Art.43A- Participation of workers in management of industries. Art.44- Uniform civil code.( applicable in Goa only) Art.45- Provision for free and compulsory education for children. Art.46- Promotion of educational and economic interest of scheduled castes, ST,and OBC. Art.47-Duty of the state to raise the level of nutrition and the standard of living and to improve public heath. Art.48-Organisation of agriculture and animal husbandry. Art.49- Protection of monuments and places and objects of natural importance. Art.50- Separation of judiciary from executive. Art.51- Promotion of international peace and security. Fundamental Duties: Part IV-A- Art 51A It contains, originally 10 duties, now it contains 11 duties by 86thamendments act 2002. Part.5- The Union Executive: Art.52- The President of india Art.53- Executive Power of the union. Art.54- Election of President Art.61- Procedure for Impeachment of the President. Art.63- The Vice-president of India. Art.64- The Vice-President to be ex-officio chairman the council of States. Art.66-Election of Vice-president. Art.72-Pradoning powers of President. Art.74- Council of minister to aid and advice President. Art.76- Attorney-General for India. Art.79- Constitution of Parliament Art.80- Composition of Rajya Sabha. Art.81- Composition of Lok Sabha.

Art.83- Duration of Houses of Parliament. Art.93- The speakers and Deputy speakers of the house of the people. Art.105- Powers, Privileges,etc of the House of Parliament. Art.109- Special procedure in respects of money bills Art.110- Definition of Money Bills. Art.112- Annual Financial Budget. Art.114-Appropriation Bills. Art.123- Powers of the President to promulgate Ordinances during recess of parliament. Art.124- Establishment of Supreme Court. Art.125- Salaries of Judges. Art.126- Appointment of acting Chief justice. Art.127- Appointment of ad-hoc judges. Art.128-Attendence of retired judge at sitting of the Supreme Court. Art.129- Supreme court to be court of Record. Art.130- Seat of the Supreme court. Art.136- Special leaves for appeal to the Supreme Court. Art.137- Review of judgements or orders by the Supreme court. Art.141-Decision of the Supreme Court binding on all the courts. Art.148- Comptroller and Auditor- General of India Art.149- Duties and Powers of CAG. Art.153- Governors of State Art.154- Executive Powers of Governor. Art.161- Pardoning powers of the Governor. Art.165-Advocate-General of the State. Art.213- Power of Governor to promulgate ordinances. Art.214- High Courts for states. Art.215- High Courts to be court of record.

Art.226- Power of High Courts to issue certain writs. Art.233- Appoinment of District judges. Art.235- Control over Sub-ordinate Courts. Art.243A- Gram Sabha Art.243B- Constitution of Panchayats Art.280- Finance Commission Art.300-A- Right to property. Art.301-Freedom to trade, commerce, and intercourse. Art.302- Power of Parliament to impose restrictions on trade, commersce, and intercourse. Art.312- All- India-Service. Art.315- Public service commissions for the union and for the states Art.320- Functions of Public Service Commission. Art.323A- Administrative Tribunals Art.324-Superintendence, direction and control of Elections to be vested in an Election Commission. Art.325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex. Art.326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage. Art.338- National Commission for the SC, & ST. Art.340- Appointment of a commission to investigate the conditions of backward classes. Art.343- Official languages of the Union. Art.345- Official languages or languages of a states. Art.348- Languages to be used in the Supreme Court and in the High Courts. Art.351-Directive for development of the hindi languages. Art.352- Proclamation of emergency ( National Emergency).

Art.356- State Emergency Art.360- Financial Emergency Art.361- Protection of President and Governors Art.368- Powers of Parliaments to amend the constitution. Art.370-Special provision of J&K.

Article 371A gives special provisions with respect to state of Nagaland Deals with the short title, commencement and repeal of the Constitution
Art.393-Constituion of India
mportant points of Indian constitution It is the largest written legal document in the world. It took 2 years, 11 months and 17 days to complete the text of constitution. Initially it contained 395 articles and 8 Schedules. Sachchidanand Sinha was the first chairman of the constituent Assembly ( it consisted of elected member of legislative assembly). Dr Rajendra Prasad was elected as the permanent chairman of constituent assembly. Dr B.R.Ambedkar was the chairman of the drafting committee and was assisted by B.N.Rau who created the draft of constitution of India. The draft of the constitution was approved on 26th November 1949 and hence it is observed as Law day. National Anthem was adopted on 24th January 1950 whereas National Flag was adopted on July 22nd 1947, India has a Quasi Federal structure. In India there are three levels of government one at center, one at state and one at Local. In case of emergency the central government gains control over the nation. Preamble India is a Sovereign, Socialist, Secular and Democratic Republic. Sovereign means India is an independent country. Socialist Pattern is an economic pattern where both public and private sector work together under Governments control.

Secularism means no fixed religion and respect for all religion. Democratic means that the government which is of the people by the people and for the people. Republic means people select the head of government directly or indirectly. Preamble embodies the noble concept of : Justice in social, economic and political aspects. Liberty of thought, expression, belief, faith and worship. Equality of status and opportunity Fraternity assuring dignity, unity and integrity to all the citizens of the nation. Note: the concept of Liberty, Equality and Fraternity is adopted from French revolution. Constitution is amended once during 42nd amendment where the words Socialist and Secular were added.

Part VIII - consists of Articles on The Union Territories

Articles 239 - 242 Administration, creation of Council of Ministers and High Courts Part IX - consists of Articles on the Panchayat system.

Articles 243 - 243O on the Gram Sabha and Panchayat system Part IXA - consists of Articles on Municipalities.

Articles 243P - 243ZG on Municipalities Part X - consists of Articles on the scheduled and Tribal Areas

Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures. Part XI - consists of Articles on Relations between the Union and the States. Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers

Articles 245 - 255 on Distribution of Legislative Relations Chapter II - Articles 256 - 263 on Administrative Relations

Articles 256 - 261 - General Article 262 - on Disputes relating to waters. Article 263 - on Co-ordination between States Part XII - consists of Articles on Finance, Property, Contracts and Suits Chapter I - Articles 264 - 291 on Finance

Articles 264 - 267 General Articles 268 - 281 on Distribution Revenues between the Union and the States

Articles 282 - 291 on Miscellaneous Financial Provisions Chapter II - Articles 292 - 293 on Borrowing

Articles 292 - 293 on Borrowing by States Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and Suits

Articles 294 - 300 on Succession to property assets, liabilities, and obligations. Chapter IV - Article 300A on the Right to Property

Article 300A - on Persons not to be deprived of property save by authority of law Part XIII - consists of Articles on Trade and Commerce within the territory of India

Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304. Part XIV - consists of Articles on Services Under the Union and the States Chapter I - Articles 308 - 314 on Services

Articles 308 - 313 on Services Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-81972). Chapter II - Articles 315 - 323 on the Public Service Commissions

Articles 315 - 323 on Public Service Commissions Part XIVA - consists of Articles on Tribunals

Articles 323 A - 323 B Part XV - consists of Articles on Elections

Articles 324 - 329 on Elections Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-61979). Part XVI - consists of Articles on Special Provisions Relating to certain Classes.

Articles 330 - 342 on Reservations

Part XVII - consists of Articles on Official Language Chapter I - Articles 343 - 344 on Language of the Union

Articles 343 - 344 Official Language of the Union Chapter II - Articles 345 - 347 on Regional Languages

Articles 345 - 347 on Language of the State Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc

Articles 348 - 349 on Language used in Supreme Court, High courts Etc Chapter IV - Articles 350 - 351 on Special Directives

Article 350 - on Language to be used in representations forredress of grievances. Article 350A - on Facilities for instruction in mother-tongue at primary stage. Article 350B - on provision for Special Officer for linguistic minorities. Article 351 - on Directive for development of the Hindi language. Part XVIII - consists of Articles on Emergency Provisions

Articles 352 - 359 on Emergency Provisions Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990) Article 360 - on Provisions as to financial emergency. Part XIX - Miscellaneous

Articles 361 - 361A - Miscellaneous Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2. Articles 363 - 367 - Miscellaneous . Part XX - consists of Articles on Amendment of the Constitution Articles 368 on the Power of parliament to amend the constitution and procedure therefor Part XXI - consists of Articles on Temporary, Transitional and Special Provisions Articles 369 - 378A on Temporary, Transitional and Special Provisions Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956,s. 29 and Sch.Article 392 - on the Power of the President to remove difficulties. Part XXII consists of Articles on short title, date of commencement, Authoritative text in Hindi and Repeals. Articles 393 - 395 Commencement, authoritative text in Hindi and repeals