Co wise Coverage of entire syllabus stion-Answer form. Short Questions (2 Marks) eo REDMI NOTE 5 PRO Bs : PTL Lat 2020/12/26 09:582020/12/26 09:58Sing ublications" Website: www-quantumpage cg, Bes onan Nags, Share, Deli 1p, Oe diel oom, — om om ined in this work is derives ae foethas been made to ensure [ elieved tobe reliable. Every fo uy, however le he publisher nor the authors format Sr pe acuracy completeness of an pu pabished herein 2nd wither the publisher nor the author Je for any errors, omissions, oF damages hal be respi for a oat of se ofthis ingormation. ic arising pifomaton, ‘Constitution of India, Law & Engineering (Sem-5 & 6) 16 Baition = 2020-21 Price: Rs. 80 only Printed at: Narula Printers, Dain, UNIT.2 : UNION & STATE EXECUTIVE CONSTITUTION OF INDIA, LAW ‘AND ENGINEERIN UNIT: BASIC INFORMATION ABOUT INDIAN CONSTITUTION (-1P to 1-857) Meaning ofthe constitution law and constusonalism, Historical Background ofthe Constituent Assembly, Government ofIndia At of 1985 and Indian Independence Act of 1947, Enforcement ofthe Constitution, Indian Constitution and ats Salient Features, The Preamble of the Constitution, Fundamental Rights, Fundamental Duties, Dizective Principles of State Policy Parliamentary System, Federal System, Centre-State Relations, Amendment of the CConstittonal Powers and Procedure, The hstoncal perspectivesot «© conitutional amendments i India, Emergency Provisions: National Emerge, President Rue, nancial Emergency, and Local Self Goverment Constitutional Scheme in India. (2-1 Pt02-29P) Powers of Indian Parliament Functions of Rajya Sabha, Functions of Lok Sabha, Powers and Hanetions of the President, Comparison of powers of indian President with the United States, Powers and shctions ofthe Prime Minister, Judiciary ~ The Independence of the Supreme Court Appointment of Judges, Judicial Review, Public jadicial Activism, LokPal, Lok Ayukta, The Lokpal and Lok ayuktas Act 2013, State Executives ~Powers and Functions of the Governor, Powers and Functions of the Chief Minister, Fanctons of Site Cabinet, Functions of State Legislature, Functions of High Court and Subordinate Cou, UNIT'S : BASIC INFORMATION ABOUT LEGAL SYSTEM (GIP to3-18P) Sources of Law & the Court Structure: Enacted law -Acts of Parliament are of primary legislation, Common Law ot Case Taw Principle taken from decisions of judges constitute binding legal rules, The CotrtSystem in india & Foreign Courtiers (District Court, District Consumer Forum, Tribunals, High Courts, Supreme Court) Arbitration: As an altematve to resolving disputes in the normal courts, parties who aren disputecan agree that thiswillinstead be referred to arbitration. Contract law, Tort, Law at workplace, 59 2020/12/26 09 REDMI NOTE 5 PRO MI DUAL CAMERA @0EW 15 & REGULATION T9 prorerTy LAW @1Pt.4, par TELL ECTNL atgof Patent Applications, 79) een ee tenn, Basic Information Seetesepermnawcunste rmane sn about Indian - Constitution ogy Act 200) Eyal SinatureCertifiats, uNtT GOVERNANCE ustvess ORGANTZATIONS 2 Sos, = ——— a . oe BaerPe CO emorandam si CONTENTS Serer compen, Memoranda o Ferra association PSP | D Oo o iS a iS) 3 oO iS Oo N Soe Traders Pa oceedings. Auditor, Winding up, E and Proceeding induction ase Ne rance New for reform fe level, Role of 11 Meaning ofthe Constitution -../s.ua: 168P-¢0 1-8P Law and Constitutionaliem, Historical Background ofthe Constituent Assembly Sein odin! reson ed pds developmen | rates care Part + Government of India Act of 1-9P to 119 - (SQ-1 P to SQ.189, 1935 and Indian Independence | ns HORT QUESTION Act of 1947, Enforcement of the Constitution, Indian Constitution and its Salient Features Part3 + The Preamble ofthe 112P to 1-27 Constitution, Fundamental Rights, Fundamental Duties, Directive Principles of State Poli, Parliamentary System, Federal System, Centre-State Relations Part-4 : Amendment of the 1-28P to -a5P Constitutional Powers land Procedure, the Historical Perspectives of the Constitutional Amendments in India, Emergency Provisions National Emergency, President Rule, Financial Emengeney, Local ‘Self Government - Constitutional ‘Scheme in India REDMI NOTE 5 PRO LU Ne Tas yy 1-1 P(NCCSem-5.& 6) { Xe)Constitution fndia, Law & Engineering LAP (NCC -sems.a6) cow sblah and regulate the political institutions of he he various institutions of governments ‘and regulating the relations Constitutions canst ‘community- defining t {heir composition, powers and functions between them. 6. Constitutions can divide or share power between different layers of fovernment or sub-state communities, GUSTETT] Describe constitution atthe intersection oflegal, social ‘and political life ? ‘Answer 1. Constitutions as legal instruments : It makes the operation of son cedurally predictable, upboes the ral oflaw, and places Limite ee ao enhitrarines of power, Tes the supreme law ofthe land, and it ae nbn rovides the standards that ordinary statutes have to comply with . riy ect etarion mer power i distributed and cont 1 Ao sun ewrrm,? ls 9. Constitutions as social declarations : Constitutions often attempt ont rights tz ae cea degrecs to refeet and shape society for example, by expressing rinisaset fondant “ tie tictnesrintended) eommon identity and aspirations ofthe people, 2. Acmsit rpesate ncuding ordinary Iwai a at pining shored values and deal, These provisions are generally {_areindingon ever ‘ ‘had in preambles and opening declarations, but can also be found in institutions a ‘the and mottos or on flags and other symbols that are defined by the Hho structure and operation of the i i Concern naiples and the rights of citizen conn pre 4 Cnutittine pli insrumente Tn cs ron earn wide spread public leita coo ne hecaion making institutions: conaticutions ‘identify the a Chanordinary laws (eg. atwo-thirds mai upreme power, distribute power in away that leads to effective devision Aur tgchang nnn serra cd provide a framework for contining paid struggle’. The paca referendum is ne math trovcions show how sat institutions (parliament, exccutive, ize criteria be Pelvis, head of sate, local authorities, independent bodies, et.) ae meet the internationally rec entation and human rights Constituted, what powers they have and how they relate to one another. Asa minimum, dennerati sytem in terms of Pre eI] Wc are the functions of «constitution? Queids | What does a constitution typically contain ? Z Taawer | ; che pa Divisions : Most constitutions are divided and sub-divided into parts, rations can declare and define the boundaries ofthe Pe ete Bape dna’ cee the bone hat may variously be known a (tls, chapters, articles, sections, paragraphs or clauses 2 ionncan delare and define the nature and author ot 5 Bionic and dfn tn nature and au Arrangement : Constitutions vary in the arrangement of their community. provisions, although itis now usual fr principles and rights provisions SUNemePe RT Gn express the identity and values of © 928) tobe placed in a separate section. community ‘The layout ofa typical constitution might res ito snble the following, 4 Chnsitutionscan declare and define the rights and duties ee] 2020/12/26 09 [51101 OMe as 10) LV Tae i) @0soa, abe ime rele TINg toh oie valves es sry rn Ber rctizenship ana eet ae yee iding their hte ter opp Goa ABA AEs restriction during’ w quotes ipssirctarecrmpsitOn, Lorn a ath eto. POW on mentary or emicpresidential sysigg Tzspnsibilty, powers ts Federal or devolved povwers, logy i lacie fie aca integrity branch (electoral commissig bola, aint, ee amanieriecief, any restrictions on milter Ofer nicelamonsprovisons special provisions for particular grou lange av pri instituto, ete IH Abeatnent resus implementation timetable and transitionan a BRIBE ete cositasionsinm, Write ctoments ot Saeetcaes nia, Law & Bagincering 1-5P(NCC-Sem-5&6) Constitution of nin, Law ments of Constitutionalism : 1. Written Constitution 2 Independent Judiciary 8, dict Review 4. Role of Law 5 Separation of Powers 6, Freeand Fair Blections 7. Responsible Government & Fundamental Rights ® Federalism 10. Dece Ques | What is constituent assembly of India? The Constituent Assembly of India was a sovereign body, which was for India. ituent Assembly was proposed in 1934 by M. N. Roy. cial demand of the Indian National Congress in 1985 dby the British in August 1940 It hold its first sitting on 9 December 1946 and reassembled as Constituent Assembly for divided India on 14 August 1947 4. Its membe 1 by indi ct election by the members of the sthad been established under the amentofTadia Act 1986, The Const oa he | known as the Cabinet Mission. Se QeeI-7 |] Fxpiain the formation of the constituent assembly, 1. The Constituent Asse Cabinet Miss 2 The tot ably was formed on the hich visited Indian 1046 al strength of the thes 256 seater ton Princely States. . recommendation of the Constituent Assembly w, pe allotted to British India and 99 seats (oe ind 93 seats to the Ey) 2020/12/26 09 REDMLNOTE 5 PRO TRO Nene Vai yy @0members from the 4 ss ventsin Proportion omealiotied wheat pe decided among th al. in propor peelected by member nose reassembly be ei aminated by th mn Ay st rib ig the permanent chairma! acai Prd eae ae see ea Inn Dies Peet ror vf" eat Aen tk 0 ‘ = hhistoric task of drafting the tit She Cansioent Asvembiy eld 11 sessions covering total of 1 Ts boororatle ener appended their signatures tothe con 224th Jasoary 1550, Toe Constitution of India came into force is mse 1850, (that dy, the Constituent Assembly ceased to exist transforming elise the Provisional Pariamen of India until a new Parliamen swe contitted in 1952 TERI tae te runsons ot cnstiuentasemly GESTS] On what grounds the constitwent assembl; inal, Law & Engine ee embly = Functions of the constituent St he decision making Pr nncting laws and in : dune National flagon July 22,19 Md India’s membersbiP 9. readopted aoe c nwealth in May aon anvary jra Prasad asthe irs Irelected Dr Rajend «President of Tn Teadopted the National anthem on Jansary 2 on January 24, 1950, adopted the National non. Tawwer | me groundson which enact Asser ara ced by the poop of india ‘yas not created by the people of India. Tt by the r the British rulers by exeeutive action n was determined by Not a Sovereign body fore India’s inde and it them sintained thatthe time taken to prepare the Constitution was too much in compari Dominated by Congress : The critics continued to argue that the Congress in the Constituent Assembly was quite dominating and imposed its thinking on the people ofthe eountry through the Constitution drafted. wit Dominated by one community : According to some crities, the Constituent Assembly lacked religious heterogeneity and was dominated by the Hindu Dominated by Lawyers : Critics also argued that the Constitution became bulky and cumbersome due to dominance of lawyers in the Constituent Assembly, They have made the language of the Constitution Aificult for alayman to understand, 2020/12/26 10:00 REDMI NOTE 5 PRO Tm eR ele ay @0Oveneer 1816 Pd sce pe guiding Principley rstitotion of Indi. Preamble othe form of Fram gy the Constituent Assembly reason 0 Committee. Ge ones! voi, he mont erating nmin 70 atic that was xtostd Wi ieee Conn ei Te BR Aber (Chsiroan) 1 GopaleraniAsanaar Ald Rehnaa ASF fe KM Moshi 4. Motard Sudallsh ‘6. BL Mitar(replacedby N-Madbav Rao) TDP, Kinitan (who died in 1948 and was repla Kechenachar) ‘The Drafting Committee, after taking into consideration the proposals thie rari commilers, prepared the ist drat of the Constitution tli, which wa puiaed in February 1948, he pope of ada were given 8 months to discuss the draft ant rope anenimens Inthe ligt oe patie comments, criticisms and suggestions, the Gomme prepared hed ia Ding Gomme prepared second da which was published all nthe task of preparing a frseven members. They weed by TT india, Law & Engineering ia Ac of 195 overnent of Indio bet of 1 ent ofthe Cone ie ‘and Its Salient Features. GAETAEL] Flaborate Government of India Act of 1995: 1 The Government of Ind Aygust 1935. Iwas th ed by the British Parliament in Act was pass he British Parliament at Tongest act enacted by So. it was divided into two separate acts namely, the Government of Indin Act rt of Burma Act 1935, The Government of India Act 1935 derived material from four key sr Report ofthe Simon Commission, discussions at the Third R rence, the White Paper of 1933 and the reports of ound Table Con Tis act ended the system of dyarchy introduced by Government of dia Act, 1919, It provided for establishment of a Federation of India to be made up of provinces of British India and some or all ofthe Princely states. However, {he federation never eame into being as the required number of princely states did not oun i Que ids. | Explain salient features of Government of India Act of 1835, Salient Features of the Government of India Act 1935 were as follows 1. Abolition of provincial dyarchy and introduction of dyarchy at centre. 2. Abolition of Indian Council and introduction of an advisory body in its place, 01 2020/12/26 10 REDMI NOTE 5 PRO LU P Nr? Ni Taisy. @0qa sbout Indian Constitution a sentence At exci 208 adopted by the British ’ Besant Tee royal assent o0 18; July 1947. a independent Dominions teenies" Toon erento sath aaPacnas si ae : snistered directly by the British, ech ct 2 Fines i to sae ceventigon whether ss ei popsninieind or Mos cea bie iy bongo tice wind Inia cid its indepndene| FEET tte saint nin nerendence Ato me. Salient features: 4. Itprvided fort dominion states; India and Pakistan, 2. Thesuthorityofthe British Crown ovr the princely states ceased and Tejera end or Pakistan or remain independent 3. The constituent assemblies ofboth the ates mee ro to make 4. British Goverament would would not continue any control on ion. a ao domini 1848 iaat order efi Indian Independence Act, 1947, on 15 August 1947 withadequate powers until March tive implementation of the provisions of Tower | 1. TheConstitution of day, the Assembly cease Parliament of India until tia came into force on 26 January, 1980, C0 TS) Moe orming ite into the Provis oes ‘ ‘anew Parliament was ‘constituted in 1952. ahs dato of 26th January was coven 0 STSCI the historical The es dayin 1090 that Parma Swaral day ‘celebrated and the day ao dn independ ee n the trie of the Lahore Session (December 1929) of he ‘indian National Congress 4. Some provisions ofthe Constitution Peovistonal parliament, temporary an Parco on November 26, 1949 itself. pertaining to citizenship, elections, vj transitional provisions came into ras renaining provisions (che major part) ofthe Constitution core os The romani Pg, 1960. This day is referred to in the Constitaton at ores on sogita commencement’ and celebrated as the Republie Dey With the commencement ofthe Constitution, the Indian Independents With a and the Government of India Act of 1935, with all enactmea’s eng or supplementing the latter Act, were repealed. The Abolition aoe Juriadiction Act (1949) was however continued. GUSTAT] What are the salient features of the Constitution ? anewer | ‘The salient features are 1. AWritten Constitution 2, Lengthy Document. 3. Drawn from Different Sources 4, AFederal Polity with a Unitary Biss. 5, Single Citizenship, 6 More Flexiblethan Rigid, 7. Democratic Republi. 8 9, Universal Adult Franchise. 10, Secular State, Balance between Judicial Supremacy and Parliamentary Sovereignty. 01 oO io} iS ~ N ~ Oo nN c=) fo Ciabiyieiacwa) TU NIe Ny ta1. ©) ©Components! Fundamental Rights, Fantasie Pols 4 Tee em tate Relations. ‘96, 1949. tions | eT onset? aoe | EL Aprrnble ian iets statement in ‘ae cmeats plsopy and bec Ts Cotto, presents the intention of te framers, (he Tecra aio and the core values and principles ofthe n Toe prea ascaly gives idea ofthe following ‘Search Constitution ere atari State Statement fits objectives Dat ofits option HPT enn te preamble tothe Indian consitetion 1 Theideals behind the Preamble to India’s Constitution were laid dow” Sa we en Jamary 2,197 doped by the Const nd {Preamble the Pre athe Preamble je of ind We, the peopl= the people expressed Republie: Thete people. In india, the i if eateries com Pram tae an a no ynterpretation ot At se tar ante source of aes gn, socialist, seeular and sice, bert are to scour ber sb ety to maivain uni seaie. November hue preanblewhonitwassderte oe ereanenty of the sen independent al power. In the tir are subject india hos i Joy where both pavate he Preamble by Teh fa de Itwos addedin i .s in India get equal z incorporated in Amendment, 1976 Constitution of India has 3m sae authority from the will of an election ofthe state is elected by the : Jjected head of the state President of Indias the € rights of Indian Constitution. Peyote (0 Ma 01 easeson gta cosrined 0 hy tal citizens me be sis of rao eligi pecnats subst 0 certain enol oftwo ret seca as guarantees them ion wich 1B Hettapine Boston “gigi Fredon of Relion Se Gaara snd Edson Rights Te Hig Cesta Remeice ‘Briel describe the six fundamental rights of Indian 1 Tere eee sees related right to equality are mentioned parse iris for everyone. ir : ; aan spective ofreligion, gence sexploment oppor discrimination | ies in the government and mby the Statin mater of employment 2. Thisrightimplies the prob ide Fredo i et Sa Te Ttan Cone or muses such Freedom of see? recom of expression preedom of wccmbly without Arms : e any profession ee ren ; yfthe country ie ions of state security ertain condi some ofthese rights are subject 9 cer public morality also hast Z se reasonable restrictions 0m them. eile related to right against exploitation 27° 2A. ition of trafic in human , n beings, begar, and the employment of children less than 14 3, Teale implies the probit 4, The Constitution prohibits ‘years in hazardous conditions, D._ Right to Freedom of Religion: ‘The constitutional articles related to right to freedom of religion are mentioned in Articles 25-28, 2 Bvery person has the right to freely practice his or her faith, establish fand maintain religious and charitable institutions. 3. Thisindicates the secular nature of Indian polity. There is equal respect siven toall religions ‘There i freedom of eonscience, profession, practice and propagation of religion, The State has no official religion, E. Cultural and Educational Rights : 1p Te cartel ater ted foetal ochre pesto mentioned in Articles 29 - 30. a Those sighs protect the vi tot the rights of religious cultural and linguistic minorities, by fitting thes o preserve their heritage and culture 0 fo} eo} r —~ iS Oo i fo} i g card ar = a 8, a) Z2= =5 ae) w= ae @0