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POLITY
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POLITY
DAY 1
THE STRUCTURE OF INDIAN CONSTITUTION.
NATIONAL SYMBOLS

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THE STRUCTURE OF INDIAN CONSTITUTION.


 The structure of Indian Constitution : It consists of (i) Articles, (ii) Parts,(iii) Schedules and (iv)
Appendices
Articles
 It has numbered and further expanded its provisions as "Clause" and "Sub-Clause".
 Currently there are around 465 Articles but originally there were 395 Articles.

Parts
 The individual Articles of the. Constitution are grouped together in Parts.
 Indian Constitution has 25 parts currently but originally it had 22 parts.

Schedules
 Schedules are lists in the Constitution that categories and tabulate bureaucratic activity and policy of
the Government.
 Currently there are 12 schedules but originally it had 8 schedules only.
Appendices
There are five appendices:
a) Appendix I : The Constitution (Application to Jammu and Kashmir) Order, 1954;
b) Appendix II : Restatement, with reference to the present text of the Constitution, of the exceptions and
modifications subject to which the Constitution applies to the State of Jammu and Kashmir;
c) Appendix. III :Extracts from the Constitution (44th Amendment) Act, 1978;
d) Appendix IV : The Constitution (86th Amendment) Act, 2002 and
e) Appendix V :The Constitution (88th Amendment) Act, 2003.

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NATIONAL SYMBOLS
National Flag
 The National flag is horizontal tricolour of deep saffron (kesaria)at the top, whitein the middle and dark
green at the bottom in equal proportion.
 The ratio of width of the flag to its length is 2 : 3.
 In the centre of the white band is a navy-blue wheel which represents the Chakra.
 It has 24 spokes.
 Its design in that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka.
 The National flag (Tiranga) is based on the Swaraj flag, a flag the Indian National Congress got
designed by Pingali Venkayya.
 The design of the National Flag was adopted by the Constituent Assembly of India on 22 July, 1947.
 Usage of the flag is governed by the Flag Code of India, 2002 which took effect from 26 January, 2002. It
brings together laws, conventions, practices and instructions to all.
 The right to manufacture the flag is held by the Khadi Development and Village industries Commission
which allocates it to the regional groups.
 As on 2009, the Karnataka Khadi Gramodyoga Samyukta Sangha has been the sole manufacturer of the
flag.
National Emblem
 It is a replica of the Lion of Sarnath, near Varanasi in Uttar Pradesh.
 It was adopted on 26 January, 1950.
 The 4 lions (one hidden from view) symbolizing power, courage and confidence - rest on a circular
abacus.
 The abacus rests on a lotus in full bloom, exemplifying the fountainhead of life and creative inspiration.
 The abacus is guarded by four animals guardians of the four directions : the lion on the north, the
elephant on the east, the horse on the south and the bull on the west.
 The words Satyameva Jayate is from Mundaka Upanishad which means Truth Alone Triumphs.
 It is inscribed below the abacus of the emblem in Devanagari script and also referred to as the National
Motto.
National Anthem
 The song Jana-gana-mana, composed originally in Bengali by Rabindranath Tagore, was adopted in its
Hindi version as the National Anthem of India on 24 January, 1950.
 It was first sung on 27th December, 1911 at the Kolkata Session of the Indian national Congress.
 The complete song consists of five stanzas.
 The duration of the national anthem is approximately 52 secs.
 A short version consisting of the first and last lines of the stanza (playing time approximately 20
seconds) is also played on certain occasions.
 Present tune for national anthem was composed by Captain Ram Singh Thakur.
 The lyrics were rendered into English by Rabindranath Tagore himself.
 Bharat Bhagya Vidhata was the title under which the song was first published in January 1912 issue of
Tatvabodhini Patrika; whose editor was Tagore.
 The Anthem turned 100 years in 2011. m 2013 is also the 100th year of winning the Nobel Prize for
literature - Gitanjali.

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Jana-gana-mana-adhinayaka, jaya he
Bharata-bhagya-vidhata.
Punjab-Singh-Gujarat-Maratha
Dravida-Utkala-Banga
Vindhya-Himachala-Yamuna-Ganga
Uchchala-Jaladhi-taranga.
Tava shubha name jage,
Tava shubha asisa mange,
Gahe tava jaya gatha,
Jana-gana-mangala-dayaka jaya he
Bharata-bhagya-vidhata.
Jaya he, jaya he, jaya he,
jaya, jaya, jaya, jaya he!

National Song
 The song Vande Mataram, composed in sanskrit by Bankimchandra Chatterji, was a source of
inspiration to the people in their struggle for freedom.
 It has an equal status with Jana-Gana-Mana. it was first sung at the 1896 session of the Indian
National Congress.
 The song first appeared in his book Anandamatha, published in 1882 the song itself was actually written
six years prior in 1876.

Session of parliament begins with 'Jana-gana-mana' and concludes with 'Vande Mataram'.

Vande Mataram!
Sujalam, suphalam, malayaja Shitalam,
Shasyashyamalam, Mataram!
Shubhrajyotsna pulakitayamini,
Phullakusumita drumadala shobhini,
Suhasinim sumadhura bhashinim,
Sukhadam varadam, Mataram!

National Calendar
 The National Calendar based on the Saka Era with Chaitra as its first month and a normal year of 365
days was adopted from 22 March, 1957 along with the Gregorian calendar.
 Dates of the national calendar have a permanent correspondence with dates of the Gregorian calendar, 1
Chaitra falling on 22 March normally and on 21 March in leap year.

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Indian National Calendar


No. Month Length Gregorian date
1. Chaitra 30/31 March 22*
2. Vaishakh 31 April 21
3. Jyaishtha 31 May 22
4. Ashadha 31. June 22
5. Shravana 31 July 23
6. Bhadrapad 31 August 23
7. Ashwin 30 September 23
8. Kartik 30 October 23
9. Agahayana 30 November 23
10. Paush 30 December 22
11. Magh 30 January 21
12. Phalgun 30 February 20
National Flower
 Lotus (Nelumbo nucifera) is the National Flower of India.
 India ranks 10th in the world and 4th in Asia in plant diversity.
National Animal
 The Tiger (Panthera Tigris) is the national animal of India.
 Out of the 8 races of the species known, the Indian race, the Royal Bengal Tiger is found throughout the
country (except the north-western region).
 The Government of India, under its Project Tiger programme, started a massive effort to preserve the
tiger population in 1973.
 So far, 50 tiger reserves have been established in the country.
 The Project Tiger is administered by the National Tiger Conservation Authority.
 The fourth cycle of the All India Tiger Estimation 2018 estimated that the country now has 2967 tigers
as per the latest census.
National River
 The Ganga is the national river of India. It is the longest river of India flowing over 2704 km of
mountains, valleys and plains.
 It originates from Gangotri Glacier in the Himalayas as the Bhagirathi.
 The Ganga is revered by Hindus as the most sacred river on earth.
National Tree
 The Banyan (Bargad) also called the Indian fig tree (Ficus bengalensis) is the National tree of India.
 Because of characteristic and longevity, this tree is considered immortal and is an integral part of the
myths and legends of India.
National Bird
 The Peacock (Pavo cristatus) is the national bird of India.
 It is a symbol of grace, joy, beauty and love.
 The male of the species is more colorful than the female.
 It is fully protected under the Indian Wildlife (Protection) Act, 1972.

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National Fruit
 The Mango (mangifera indica) is the national fruit of India.
 The mango is one of the most important and widely cultivated fruits of the tropical world.
 Its juicy fruit is a rich source of Vitamins A, C and D.
National Monument
 India Gate, one of .the largest war memorials, situated in the heart of New Delhi, is the National
Monument of India.
 It was erected in memory of 90,000 soldiers who lost their lives fighting in the World War I and Afghan
War for the British Army.
 It was designed by Sir Edwin Lutyens. It was earlier called All India War Memorial.
National Aquatic Animal
 River Dolphin (Platanista Gangetica) is an endangered species in India. Therefore, it has been put in
Schedule I of the Wildlife Protection Act, 1972.
National Currency Symbol (Rs.)
 The symbol Rs. of Indian rupee came on 15th July, 2010.
 Rs. is an amalgamation of Devanagri `Ra' and the Roman `R' without the stem.
 It was designed by D. Uday Kumar, a post-graduate of IIT, Bombay which was finally selected by the
Union Cabinet on 15th July, 2010.
Indian Standard Time (IST)
 Indian Standard Meridian passes through 5 states: Uttar Pradesh, Madhya Pradesh, Chhattisgarh,
Orissa and Andhra Pradesh.
 This meridian helps in calculating the Indian .Standard Time (IST) which is 5 hours 30 minutes ahead
of the Greenwich Mean Time (GMT).
National Game
 Hockey is the National Game of India.
 The Golden Era of Hockey in India was the period from 1928-1956 when India won 6 consecutive gold
medals in the Olympics.
National Heritage Animal
 Elephant is the National Heritage Animal of India.
 Around 60% of Asiatic Elephants live in India.

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PRELIMS QUICK REVISION NOTES

POLITY
DAY 2
HISTORICAL BACKGROUND OF
CONSTITUTIONAL DEVELOPMENT
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HISTORICAL BACKGROUND OF CONSTITUTIONAL DEVELOPMENT
 The topics we are going to cover today are very relevant from the prelims as well as mains point of view,
in Prelims & Mains several questions have been asked from Constituent Assembly. The following are
the topics which we are going to cover today:

THE COMPANY RULE (1773-1858)


 Regulating Act of 1773
 Pitt's India Act of 1784
 Charter Act of 1786
 Charter Act of 1793
 Charter Act of 1813
 Charter Act of 1833
 Charter Act of 1853

THE CROWN RULE (1858-1947)


 Government of India Act of 1858
 Indian Council Act of 1863
 Indian Council Act of 1892
 Indian Council Act of 1909
 Government of India Act of 1919
 Government of India Act of 1935
 Indian Independence Act of 1947

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Historical Background of Constitutional Development
 India was a direct colony of the British and the impact of this colonial rule over the economy, society and
polity of India has been quite deep.
 Various features of the Indian Constitution have their roots in the British rule which laid down the legal
framework for the organization and functioning of government and administration.
 They are explained below in a chronological order.

Colony
A country which is politically dependent on a foreign state.
Colonialism
It implies the extra-territorial expansion of a country politically and economically advanced in
comparison to the country being thus subjugated and controlled.

British Rule in India

The Company Rule (1773-1858) The Crown Rule (1858-1947)


1. Regulating Act of 1773 1. Government of India Act of 1858
2. Pitt's India Act of 1784 2. Indian Council Act of 1863
3. Charter Act of 1786 3. Indian Council Act of 1892
4. Charter Act of 1793 4. Indian Council Act of 1909
5. Charter Act of 1813 5. Government of India Act of 1919
6. Charter Act of 1833 6. Government of India Act of 1935
7. Charter Act of 1853 7. Indian Independence Act of 1947

The Company Rule (1773-1858)


Regulating Act of 1773
 It is also known as the Act of Settlement.
 It laid the foundation of central administration in India.
 During this time, Lord North was the Prime Minister of England.
 The Governor of Bengal was made the Governor General of Bengal.
 The first such Governor General was Lord Warren Hastings.
 A Supreme Court was established at Calcutta in 1774.
 Sir Elijah Impey was the first Chief Justice.
Pitts India Act, 1784
 This Act was drafted during British Prime Minister William Pitt the Younger.
 Set up a Governor General of Bengal in Fort William with Supervisory powers over Madras and
Bombay.
 Established the dual system of control.
 A new body - Board of Control was established.
 The Company's territories in India were called British possessions.
Charter Act, 1786
 Governor General had the power of the commander-in-chief.
 Governor General had the power to override the majority of the council.
Charter Act, 1793

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 The monopoly of trade with India for another twenty years was given.
 The salaries for the staff and members of the Board of Control to be paid from Indian Revenue.
Charter Act, 1813
 Ended the company monopoly of trade.
 Provided Rs. One lakh grant for education.
Charter Act, 1833
 Made the Governor General of Bengal as the Governor General of India.
 Lord William Bentinck was the first Governor General of India.
 Ended the activities of the East India Company as a commercial body and became an administrative
body.
 Under Lord Macaulay, a Law Commission was set up for codification of laws.
Charter Act, 1853
 The Macaulay Committee (the committee on the Indian Civil Service) was appointed in 1854.
 Introduced an open competition system of selection and recruitment of civil servants.
 Introduced local representation in the Central Legislative Council.

THE CROWN RULE (1858-1947)


Government of India Act, 1858
 The Act abolished the East India Company and the power was transferred from the company to the
British Crown.
 The Court of Directors and the Board of Control was abolished.
 The Governor General of India was renamed as the Viceroy of India.
 Lord Canning became the first viceroy of India. The Secretary of State for India was appointed.
Indian Council Act, 1863
 Introduction of the representative institutions in India.
 Decentralized legislative power.
 Statutory recognition to the portfolio system.
 Portfolio system was coined by Lord Canning in 1859.

Indian Council Act, 1892


 Gave the power of discussing the budget and addressing question to the executive.
 Filling up some of the non-official seats both in the central and provincial legislative council.

Indian Council Act, 1909


 Known as Morley — Minto Reforms.
 Lord Morley was the Secretary of State of India and Lord Minto was the Viceroy of India.
 Satyendra Prasad Sinha became the first Indian to join the executive council of the viceroy.
 Communal representation was introduced, as Muslims were given a separate electorates.
 This Act legalized communalism and Lord Minto came to be known as the Father of Communal
Electorate.

Government of India Act 1919


 Known as Montague-Chelmsford Reforms.
 Samuel Montague was the secretary of state for India
 Lord Chelmsford was the Viceroy of India.

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 Dyarchy at the provinces was established.
 Relaxed the central-control over the provinces by separating the central, and provincial subjects.
 The provincial subjects were further sub-divided into transferred and reserved subjects
 Extended the principle of communal representation by providing separate electorates for Sikhs, Indian
Christians, Anglo-Indian and Europeans.
 Created a new office of the high commissioner for India in London.
 Provided for the establishment of a public service commission.
 In 1926, a Central Public Service Commission was setup.

Government of India Act, 1935


 It abolished dyarchy in the provinces and introduced 'provincial autonomy'.
 Provided for the establishment of an All India Federation comprising of provinces and princely states as
units.
 The Act divided the powers between the Centre and the provinces in terms of three lists
o Federal List (for Center)
o Provincial List (for Provinces) and
o Concurrent List (for both).
 It provided for the set up of a Reserve Bank of India to control the currency and credit of the country.
 It provided for the establishment of a Federal Court which was set up in 1937.

Indian Independence Act, 1947


 It ended the British rule in India and declared India as an independent and sovereign state from August
15, 1947.
 To demarcate boundary line between India and Pakistan, a commission was constituted under the
chairmanship of Sir Cyril Radcliffe.
 It abolished the office of the Secretary. of State for India and transferred his functions to the Secretary
of State for Commonwealth Affairs.
 It granted freedom to the Indian princely states either to joI1-n the Domination of India or Domination
of Pakistan or to remain independent.
 It designated the Governor-General of India and the provincial governors as constitutional (nominal)
heads of the states.

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POLITY
DAY 3
MAKING OF THE CONSTITUTION
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LEARNING OBJECTIVES
MAKING OF THE CONSTITUTION
The topics we are going to cover today are very relevant from the prelims as well as mains point

of view, in Prelims & Mains several questions have been asked from Constituent Assembly. The

following are the topics which we are going to cover today:

MAKING OF THE CONSTITUTION


 Constituent Assembly
 Functions Performed C.A
 Committees of the Constituent Assembly
 Source of the Constitution at a Glance

SALIENT FEATURES OF THE CONSTITUTION OF INDIA


 Important Articles of Indian constitution
 Schedules and its Subject matter

MAKING OF THE CONSTITUTION


 The Constitution of India was enacted by the Constituent Assembly on November 26, 1949. This
enactment completes 70 years on November 26, 2019.
 The Indian Constitution was a product of deliberations of the Assembly for over three years.

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Constituent Assembly debates can be broadly divided into four parts.


Debate stages Debate dates Description of work
Committees, such as Union Powers
Committee, Committee on Fundamental
Rights and Minorities, submitted reports to
Preliminary Stage Dec 9, 1946 – Jan 27, 1948
outline the guiding principles of the
Constitution. The drafting committee was
constituted to prepare the draft Constitution.
Drafting committee published the draft
Constitution of India in February 1948. The
First Reading Nov 4, 1948 – Nov 9, 1948
draft was introduced in the Assembly in
November 1948.
Clause by clause discussion of the draft was
Second Reading Nov 15, 1948 – Oct 17, 1949
conducted in the Assembly.
The Assembly finished the third reading and
Third Reading Nov 14, 1949 – Nov 26, 1949 enacted the Constitution on November 26,
1949.

Key Takeaways
 The Constituent Assembly had 11
sessions over 2 years, 11 months and 18
days to complete the task of drafting the
constitution.
 The Constitution-makers had gone
through the constitutions of about 60
countries.
 The total expenditure incurred on
making the Constitution amounted to
Rs. 64 lakh.
 The Constituent Assembly was
formed in Nov 1946 under the scheme
drafted by Cabinet Mission Plan.
 The Constituent Assembly was both partly elected and partly nominated body.
 The total strength of the Constituent Assembly was 389.
 The Constituent Assembly held its first meeting on December 9, 1946.
 Dr. Sachchidanand Sinha was elected as the temporary President of the Assembly.
 On December 11, 1946, Dr. Rajendra Prasad and HC Mukherjee were elected as the President and Vice-
President of the Assembly respectively.
 Sir B.N. Rau, was appointed as the Constitutional Advisor to the Assembly.
 On December 13, 1946, Pt Jawaharlal Nehru moved the Objective Resolution which resolved to proclaim
India as an Independent sovereign Republic.
 The constitution was adopted on Nov 26, 1949 which contained Preamble, 395 Articles and 8 Schedules.

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Other Functions Performed
The Constituent Assembly also performed the following functions :
(a) ratified the India's membership of the Commonwealth in May 1949.
(b) adopted the national flag on July 22, 1947.
(c) adopted the national anthem on January 24, 1950.
(d) adopted the national song on January 24, 1950.
(e) elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.

Committees of the Constituent Assembly


A number of committees were appointed to deal with different task of constitution-making.

Committee Chairman
Drafting Committee Dr. B.R. Ambedkar
Committee on the rules of Procedure Rajendra Prasad
Steering Committee Rajendra Prasad
Finance and Staff Committee Rajendra Prasad
Adhoc Committee on the National Flag Rajendra Prasad
Credential Committee Alladi KrishaswamY Ayyar
House Committee B. Pattabhi Sitaramayya
Order of Business Committee K.M. MunsHi
Committee on the Functions of the Constituent Assembly G.V. Mavalankar
Advisory Committee on Fundamental Rights, Minorities Sardar Vallabhbhai Patel
and Tribal and Excluded Areas
Provincial Constitution Committee Sardar Vallabhbhai Patel
Union Powers Committee Pandit Jawaharlal Nehru
State Committees Pandit Jawaharlal Nehru
(committee for negotiating with states)

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Enforcement of the Constitution
 The major part of the constitution came into force on January 26, 1950.
 This day is referred as the date of commencement of the Indian constitution and is celebrated as the
Republic Day.

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Source of the Constitution at a Glance

Source of the Constitution at a Glance


Source Features Borrowed
1. Government of India Act Federal Scheme,
of 1935 Office of Governor,
Judiciary,
Public Service Commissions,
Emergency provisions and administrative details.
2. British Constitution Parliamentary government,
Rule of Law,
legislative procedure,
Single citizenship,
cabinet system,
prerogative writs,
Parliamentary privileges and
bicameralism.
3. US constitution Fundamental independence of judiciary,
Judicial review,
impeachment of the president,
removal of Supreme Court and high court judges and
Post of vice-president.
4. Irish Constitution Directive Principles of State Policy,
nomination of members of Rajya Sabha and
method of election of President.
5. Canadian Constitution Federation with a strong Centre,
vesting of residuary powers in the Centre,
appointment of state governors by the Centre, and
advisory jurisdiction of the Supreme Court.
6. Australian Constitution Concurrent List,
Freedom of trade,
Commerce and inter-course, and
Joint sitting of the two Houses of Parliament.
7. Weimar Constitution of Suspension of Fundamental Rights during Emergency.
Germany
8. Soviet Constitution Fundamental Duties and
(USSR, now Russia) The ideal of justice (social economic and political) in the
Preamble.
9. French Constitution Republic and the ideals of liberty, equality and fraternity in
the Preamble.
10. South African Procedure for amendment of the Constitution and
Constitution Election of members of Rajya Sabha.
11. Japanese Constitution Procedure established by Law.

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Salient Features of the Constitution of India


 Lengthiest Written Constitution : Originally it contained a Preamble, 395 Articles (divided into 22 parts)
and 8 Schedules. Presently, it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12
Schedules
 Drawn from various sources for their suitability to the Indian conditions;
 The procedure of amendment is partly flexible and partly rigid;
 Parliamentary system of government both at the centre and the states;
 Integrated and Independent Judiciary;
 Federal System with Unitary features;
 A Secular State;
 Single Citizenship;
 Universal Adult Franchise:
 Every Indian citizen who is not less than 18 years of age has a right to vote. (The voting age was reduced to
18 years from 21 years in 1989 by the 61st Constitutional Amendment Act, 1988.)

Parts of Indian Constitution

Parts of Indian Constitution

Part Subject Articles

Part I The Union and its territory Arts. 1 to 4

Part II Citizenship Arts. 5 to 11

Part III Fundamental Rights Arts. 12 to 35

Part IV Directive Principles Arts. 36 to 51

Part IVA Fundamental Duties Arts. 51A

Part V The Union Government Arts. 52 to 151

Part VI The States Government Arts. 152 to 237

Part VIII The Union Territories Arts. 239 to 242

Part IX The Panchayats Arts. 243 to 243O

Part IXA The Municipalities Arts. 243P to 243O

Part IXB The Co-operative Societies Arts. 243ZH to 243ZG

Part X The Scheduled and Tribal Areas Arts. 244 to 244A

Part XI Relation between the Union and the States Arts. 245 to 263

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Part XII Finance, Property, Contracts and Suits Arts. 264 to 300A

Part XIII Trade, Commerce and Intercourse within the Arts. 301 to 307
Territory of India

Part XIV Services under the Union and the States Arts. 308 to 323

Part XIVA Tribunals Arts. 323A to 323B

Part XV Elections Arts. 324 to 329A

Part XVI Special provisions relating to certain classes Arts. 330 to 342

Part XVII Official Language Arts. 343 to 351

Part XVIII Emergency Provisions Arts. 352 to 360

Part XIX Miscellaneous Arts. 361 to 367

Part XX Amendment to the Constitution Arts. 368

Part XXI Temporary, Transitional and Special Provisions Arts. 369 to 392

Part XXII Short title, commencement, authoritative text in Arts. 393 to 395
Hindi and repeals

Part VII Repealed by Const. (7th Amendment) Act; 1956 Arts. 246

Important Articles of the constitution


Article Deals with

1 Name and territory of the Union

3 Formation of new states and alteration of areas, boundaries or names of


existing states

13 Laws inconsistent with or in derogation of the fundamental rights.

14 Equality before law.

16 Equality of opportunity in matters of public employment

17 Abolition of untouchability

19 Protection of certain rights regarding freedom of speech; etc.

21 Protection of life and personal liberty

21A Right to elementary education

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25 Freedom of conscience and free profession, practice and propagation of
religion.

30 Right of minorities to establish and administer educational institutions.

31C Saving of laws giving effect to certain directive principles.

32 Remedies for enforcement of fundamental rights including writs

38 State to secure a social order for the promotion of welfare of the people.

40 Organization of village panchayats

44 Uniform civil code for the citizens

45 Provision for early childhood care and education to children below the age of 6
years.

46 Promotion of educational and economic interests of scheduled castes,


Scheduled tribes and other weaker sections.

50 Separation of judiciary from executive

51 Promotion of international peace and security

51A Fundamental Duties

72 Power of President to grant pardons, etc., and to suspend, remit or commute


sentences in certain cases.

74 Council of Ministers to aid and advice the President.

78 Duties of Prime Minister as respects the furnishing of information to the


President, etc.

110 Definition of Money Bills

112 Annual financial statement (Budget)

123 Power of President to promulgate ordinances during recess of Parliament.

143 Power of President to consult Supreme Court.

155 Appointment of Governor

161 Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases

163 Council of Ministers to aid and advise the Governor

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167 Duties of Chief Minister with regard to the furnishing of information to
Governor, etc.

169 Abolition or creation of legislative councils in states

200 Assent to bills by Governor (including reservation for President)

213 Power of Governor to promulgate ordinances during recess of the state


legislature

226 Power of High Courts to issue certain writs

239A Special provisions with respect to Delhi

249 Power of parliament to legislate with respect to a matter in the State List in
the national interest

262 Adjudication of disputes relating to waters to inter-state rivers to river valleys

263 Provision with respect to an inter-state council

265 Taxes not to be imposed except by authority of law

275 Grants from the Union to certain states

280 Finance Commission

300 Suits and proceedings

300A Persons not to be deprived of property

311 Dismissal, removal or reductionin rank of persons employed in civil capacities


under the Union or a state.

312 All-India Services

315 Public Service Commissions for the Union and for the states

320 Functions of Public Service Commissions

323-A Administrative tribunals

324 Superintendence, direction and control of elections to be vested in an Election


Commission

330 Reservation of seats for scheduled castes and scheduled tribes in the House of
hte People.

335 Claims of scheduled castes and scheduled tribes in the House of the people.

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343 Hindi as official language

352 Proclamation of Emergency (National Emergency)

356 Provisions in case of failure of constitutional machinery in states (President's


Rule)

360 Provisions as to financial emergency.

365 Effect of failure to comply with, or to give effect to, directions given by the
Union (President's Rule)

368 Power of Parliament to amend the Constitution and procedure thereof.

370 Temporary provisions with respect to the state of Jammu and Kashmir.

395 Repeals Indian Independence Act and Government of India Act, 1935.

Schedules
Number Subject Matter Articles

1st Schedule List of state and Union Territories 1 and 4

2nd Schedule Provision relating to the emoluments, privileges and so on of 59, 65, 75, 97,
: (i) President; 125, 148, 158,
(ii) Governor; 164, 186 & 221

(iii) Speaker and Deputy Speaker of the Lok Sabha and


Legislative Assembly;
(iv) Chairman and Deputy Chairman of the Rajya Sabha and
Legislative Council;
(v) Judges of the Supreme Court and High Courts and
(vi) Comptroller and Auditor-General of India.

3rd Schedule Forms of Oath and Affirmations of 75, 84, 99, 124,
(i) Members of Legislatures, 146, 173, 188
and 219
(ii) Ministers,
(iii) Judges of the Supreme Court and the High Courts and
(iv) Comptroller and Auditor-General of India.

4th Schedule Allocation of Seats in the Rajya Sabha 4 and 80

5th Schedule Administration and control of Scheduled Areas and 244


Scheduled Tribes

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6th Schedule Administration of Tribal Areas in the states of Assam, 244 and 275
Meghalaya, Tripura and Mizoram.

7th Schedule Distribution of Power between the Union and the State 246
Government.
It contains 3 lists :
(i) Union List (For central Govt.) 100 subjects but originally
97;
(ii) State List (for State Govt.) 61 subjects but originally 66
and
(iii) Concurrent List (Both Union & States) 52 subjects but
originally 47.

8th Schedule Languages recognized by the Constitution. 344 and 351


Originally it has 14 languages but presently there are 22
Languages.
They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati,
Hindi, Kannada, Kashmiri, Konkani, Maithili (Maithili),
Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi,
Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu.

9th Schedule Acts and Regulations (originally 13 but presently 283) 31 - B

10th Schedule Provisions relating to disqualification of the members of 102 and 191
Parliament and State Legislatures on the ground defection.

This schedule was added by the 52nd Amendment Act of


1985, also known as Anti-defection Law.

11th Schedule Specifies the powers, authority and responsibilities of 243 - G


Panchayats.
It has 29 matters.
This schedule was added by the 73rd Amendment Act of
1992.

12th Schedule Specifies the powers, authority and responsibilities of 243 - W


Municipalities.
It has 18 matters.
This schedule was added by the 74th Amendment Act of
1992.

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Division of Subjects given in the CONSTITUTION

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ATMANIRBHAR PROGRAM
PRELIMS QUICK REVISION NOTES

POLITY
DAY 4
PREAMBLE
----------------------------------------------------------------------------------------------------------------------------- -------------------------------

LEARNING OBJECTIVES
THE PREAMBLE
 Preamble refers to the introduction or preface to the constitution which contains the summary of the
constitution.
 It is based on the 'Objective Resolution' drafted by Pt Jawaharlal Nehru, borrowed from US
Constitution.
 NA Palkhivala called the Preamble as the identity card of the constitution.
 The Preamble is neither a source of power to legislature nor a prohibition upon the powers of
legislatures.
 It is non-justiciable, that is, not enforceable by courts.
 It has been amended by the 42nd Constitutional Amendment Act (1976) which added three new words
—Socialist, Secular and Integrity.
 The idea of Justice - Social, Economic and Political have been taken from the Russian Revolution and
the idea of Liberty, Equality and Fraternity have been taken from the French Liberty Revolution.
 Preamble is the part of the constitution and amendment can be processed as discussed in the
Kesavananda Bharati Case (1973) while ratifying the Berubari Union Nation Case (1960).
 The Assembly adopted the Preamble as presented by the Drafting Committee without any
change.

The Preamble reveals four ingredients or components :-


1. Source of, authority of the Constitution : The Preamble states that the Constitution derives its authority

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from the people of India;
2. Nature of Indian State : It declares India to be a sovereign, socialist, secular, less democratic and
republican polity;
3. Objectives of the Constitution : It specifies justice, liberty, equality and fraternity as the objectives and
4. Date of adoption of the Constitution : It stipulates November 26, 1949 as the date.

Interesting Facts about Preamble of Indian Constitution

 It was enacted after the enactment of the entire Constitution of India


 The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional
Amendment Act of 1976.
 The Preamble secures to all citizens of India liberty of belief, faith and worship
 Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet
Union (Russia) Constitution
 Republic and the ideals of liberty, equality and fraternity are borrowed from the French
Constitution
 Preamble, in itself, has been first introduced through the American Constitution

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OBJECTIVE RESOLUTION

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Key Takeaways
What is the purpose of Preamble?
 The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the guiding
purpose and principles of the document, and it indicates the source from which the document which
derives its authority, meaning, the people.
Is preamble a part of Indian Constitution?
 Yes, it is a part of the Indian constitution, also emphasized in Kesavananda Bharti Case.
Who wrote the preamble of India?
 The preamble of India contains tenets highlighted in the Objective Resolution drafted by Jawaharlal
Nehru in 1946
How many preamble does Indian Constitution have?
 Only 1 preamble along with 22 parts and 12 schedules and 448 articles, Indian Constitution today exists
What is the most important word in the Preamble of India?
 Though no particular word has been given more importance than others, however, ‘We, the people of
India’ are the words which are termed as the most powerful in the Preamble to the Indian Constitution
Why do we need a Preamble?
 It gives us a fundamental values and highlights of the Constitution
In which case, did the Supreme Court declare passed a judgement that Preamble is not a part of
Indian Constitution?
 In Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution

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ATMANIRBHAR PROGRAM
PRELIMS QUICK REVISION NOTES

POLITY
DAY 5
UNION & ITS TERRITORY
CITIZENSHIP
----------------------------------------------------------------------------------------------------------------------------- -------------------------------

LEARNING OBJECTIVES
UNION & ITS TERRITORY
 Articles 1 to 4 under Part I of the constitution
deal with the union and its territory. At
present, there are 29 states and 7 union
territories.
 Article 1 describes India, that is Bharat, shall
be a Union Territories rather than a
Federation of states. The territory of India
includes
o Territories of the states,
o Union Territories and
o Territories that may be acquired by the government of India at any time.
 Under Part XXI, there are special provisions applicable to the states of Maharashtra, Gujarat,
Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
 The Fifth and Sixth schedules contain separate provisions with respect to the administration of
scheduled areas and tribal areas within the states.

Evolution of States and Union Territories


 Article 3 authorizes the Parliament to form new states and alteration of areas, boundaries or names of
existing states.
 After independence, there has been a demand from different regions particularly South India, for
reorganisation of states on linguistic basis.
 In June 1948, the Linguistic Provinces Commission was appointed under the Chairmanship of SK

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Dhar to study the issue. The Dhar commission suggested the reorganisation of states on the basis of
administrative convenience rather than linguistic factor.
 In December 1948, JVP Committee was constituted to study the issue and consisted of Jawaharlal
Nehru, Vallabh Bhai Patel and Pattabhi Sitaramayya.
 In December 1953, a three-member State Reorganisation Commission under the chairmanship of
Fazl Ali was constituted. Its other members were KM Panikkar and HN Kunzru. It accepted language
as the basis of reorganisation of states.
 In October 1953, Andhra state was created as first linguistic state.
 This followed a prolonged popular agitation and the death of Potti Sriramulu after a 56 day hunger
strike for the cause.

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Territory of India 1950
Territory of India 1950

States in Part - A States in Part - B States in Part - C States in Part - D

1. Assam 1. Hyderabad 1. Ajmer 1. Andaman and


Nicobar Island

2. Bihar 2. Jammu & Kashmir 2. Bhopal

3. Bombay 3. Madhya Bharat 3. Bilaspur

4. Madhya Pradesh 4. Mysore 4. Cooch-Behar

5. Madras 5. Patiala and 5. Coorg


East Punjab

6. Odisha 6. Rajasthan 6. Delhi

7. Punjab 7. Saurashtra 7. Himachal


Pradesh

8. United Provinces 8. Travancore-Cochin 8. Kutch

9. West Bengal 9. Vindhya Pradesh 9. Manipur

10. Tripura

Foundation Day of Some States in India


Foundation Day of Some States in India
January 1 Nagaland Day
January 21 Meghalaya, Manipur and Tripura Day
February 6 Jammu and Kashmir Day
February 20 Arunachal Pradesh and Mizoram Day
March 3 Rajasthan Day
March 11 Andaman and Nicobar Islands Day
March 22 Bihar Day
April 1 Utkal Day (Odisha Day)
April 14 Tamil Nadu Day
April 15 Himachal Pradesh Day
May 1 Gujarat and Maharashtra Day
May 16 Sikkim Day
June 2 Telangana Day
November 1 Chhattisgarh, Uttar Pradesh, Punjab, Madhya Pradesh,
Karnataka, Kerala, Andhra Pradesh, Haryana Day
November 9 Uttarakhand Day
November 15 Jharkhand Day
December 19 Goa Day

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Formation of States
Formation of States

State Year Status Prior to Formation

Andhra Pradesh 1953 Part of the state of Madras.

Kerala 1956 State of Travancore and Cochin.

Karnataka 1956 State of Mysore was formed in 1953, enlarged


Mysore in 1956 which was renamed in 1973

Gujarat 1960 Part of the state of Bombay.

Maharashtra 1960 Part of the state of Bombay.

Nagaland 1961 Union Territory

Haryana 1966 Part of Punjab.

Himachal Pradesh 1970 Union Territory

Manipur, Tripura 1972 Union Territories.

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Meghalaya 1972 Autonomous state within state of Assam.

Sikkim 1975 Associate state since 1974 and a protectorate of


India before that.

Mizoram 1987 District of Assam till 1972 and Union Territory


from 1972 to 1987.

Arunachal Pradesh 1987 Union Territory.

Uttarakhand 2000 Part of Uttar Pradesh.

Chhattisgarh 2000 Part of Madhya Pradesh.

Jharkhand 2000 Part of Bihar

Telangana 2014 Part of Andhra Pradesh.

NOTE :
 Goa, Puducherry, Dadra & Nagar Haveli and Sikkim were not a part of India at the time of
independence.
 Goa was liberated from Portuguese occupation in 1961,
 Puducherry along with Karaikal, Mahe and Yanam was transferred to India in 1954 by the French.
 Dadra & Nagar Haveli were liberated in 1954 from the Portuguese and
 Sikkim became part of India in 1974.

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CITIZENSHIP
 Part II of the Indian Constitution from Article 5 to 11 deals with the citizenship.

Acquisition of citizenship
 The Citizenship Act of 1955 provides for acquisition and loss of citizenship.
 It prescribes five ways of acquiring citizenship, viz, (i) Birth, (ii) Descent, (iii) Registration, (iv)
Naturalisation and (v) Incorporation of Territory.
(i) Citizenship by Birth : Every person born. in India on or after January 26, 1950, shall be a citizen of
India by birth.
(ii) Citizenship by Descent : A person born outside India on or after January 26, 1950, shall be a citizen
of India by descent of his/her father is a citizen of India at the time of his/her birth.
(iii) Citizenship by Registration : A non-citizen can apply for citizenship of India and can be registered by
the prescribed authority by the following conditions: (a) Is a person of Indian origin and has spent five
years in India; (b) Foreign women married to an Indian citizen and (c) Minor children of Indian Parents.
(iv) Citizenship by Naturalisation : A foreigner can acquire Indian citizenship on application for
naturalisation to the government of India. Every naturalised citizen must take an oath of allegiance to
the Constitution of India.
(v) Citizenship by Incorporation of Territory : When any foreign territory is added to Indian Union,
People of that territory automatically become Indian citizens.

Loss of Citizenship
The Citizenship Act of 1955, prescribes three ways of losing citizenship. These are:
1. By Renunciation : If a person voluntarily gives up the citizenship of India after acquiring the
citizenship of another country.
2. By Termination : When an Indian citizen voluntarily acquires the citizenship of another country,
his/her Indian citizenship automatically terminates.
3. By Deprivation : Deprivation of citizenship is on the basis of fraud, false representation and
concealment of material, fact or being disloyal to the constitution.
People of Indian Origin (PIO)
 The Government of India launched a comprehensive scheme for the Persons of Indian Origin (PIO) that is
PIO card scheme on 19th August, 2002 under the Ministry of Home Affairs.
 For this scheme, Persons of Indian Origin up to the fourth generation. settledthroughout the world are
eligible except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka.

Citizenship Amendment Act, 2015


Persons of Indian Origin (PIO) cardholders shall be considered to be Overseas Citizen of India
cardholder
The eligibility provisions is being extended to such citizens of all other countries other than those
who had never been a citizen of Pakistan and Bangladesh.

 PIO card holders can visit India without any visa for life-long but PIO card is valid for 15 years.
 PIO Card holders to have similar benefits as NRIs in economic, financial and educational matters but are
not allowed to have political rights.

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Overseas Citizen of India (OCI)
 The OCI scheme is operational from December 12, 2005.Aperson shall be registered as Overseas Citizen of
India (OCI) under the Citizenship Act, 1955.
 All the people of Indian origin in various countries, except in Pakistan and Bangladesh, whose parents or
grandparents migrated from India after 26 January, 1650 or were eligible to become Indian citizens on 26
January, 1950 or belonged to a territory that became part of India after 15 August, 1947 will become eligible
to be registered as the Overseas Citizens of India.

Singhvi Committee on Dual Citizenship


A high level committee on Indian Diaspora set up in September, 2000 under the Chairmanship of
L.M. Singhvi.
This committee recommended to grant Overseas Indian Citizenship to the people of Indian origin.
This provisions has made for OCI commonly known as dual citizenship to people of Indian origin.

Key Takeaways (Citizenship)


Which articles in the Constitution deal with citizenship rights?
 Articles 5 to 11 deal with provisions relating to citizenship.
 Articles 5 to 10 deal with citizenship at the time of coming into force of the Constitution (ie until
January 1950).
 Article 11 empowers the Indian Parliament to make Regulate on Citizenship by law. It was in exercise of
this power that the Citizenship Act, 1955 was enacted.
What are the fundamental principles on Indian Citizenship?
 India’s is a constitutional democracy which, by law and the Constitution grants people of all faiths,
creeds, castes, languages and genders citizenship. All are equally and without discrimination, Indian.
How does one become a citizen of India?
Under the Citizenship Act, 1955, there are 5 methods of acquiring citizenship:
 by birth
 by descent (those born outside India from Indian citizen parents)
 by registration
 by naturalisation (being ordinarily resident in India for twelve years)
 by acquisition of territory (e.g., Sikkim)
How does a foreigner become a citizen of India?
 A foreigner can apply for citizenship by means of registration or naturalization, each of these have
certain specific provisions that need to be fulfilled in order to acquire citizenship.
What rights do foreigners have in India?
 Foreigners are entitled to fundamental right of life and personal liberty.
Who is an illegal migrant as per Citizenship Act, 1955?
 Under section 2(1)(b), an illegal migrant is defined as any person who entered India without a valid
passport or travel document or having entered India with a valid passport or travel document, has
stayed behind after its expiry.
Can an illegal migrant apply for citizenship by naturalization or registration?
 No. The Citizenship Act, 1955 (before the 2019 amendment) does not entitle illegal migrants to acquire
citizenship by naturalization or registration.

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What is the mode of citizenship for illegal migrants as per the newly amended CAA, 2019?
 The Citizenship Amendment Act, 2019 provides for citizenship by naturalisation to illegal migrants,
relaxing the pre-requisite of residence in India to 5 6 years, as opposed to 11 years for other foreigners.
What are the major amendments made to Citizenship Act, before CAA?
 From the birth of the Indian republic (1950) until 1987 a person has had to be born here to be an Indian
citizen; after 1987, apart from her/his birth one of the parents has to have been born Indian; after 2004,
in addition to one of the parents being born here, the other should not be an illegal migrant.
Does the Citizenship Act provide for maintenance of a National Register of Citizens?
 Yes. The Act was amended in 2004 to include section 14A which says that the government may maintain
a National Register of Citizens to issue national identity card to citizens.

Key Takeaways ( Citizenship Amendment Act (CAA), 2019)


What is Citizenship Act?
 The Citizenship Act, 1955 provides for acquisition, determination, and termination of Citizenship of
India, which can be acquired by birth, by descent, by registration, or by naturalization or by
incorporation of territory. Any foreigner on becoming eligible can acquire citizenship by registration or
by naturalization irrespective of his country or his community.

What is Citizenship (Amendment) Act (CAA)?


 The Citizenship (Amendment) Act, 2019 (CAA) enables migrants/foreigners of six minority communities
from three countries, who have come to India because of religious persecution, to apply for Indian
citizenship.
Who does the CAA apply to?
 It is applicable only for Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners, who have migrated
from Pakistan, Bangladesh, and Afghanistaninto India up to 31.12.2014, on account of religious
persecution.
Does the CAA affect any Indian citizen (Hindus, Muslims, anyone)?
 No. The CAA does not affect any Indian citizens, including Muslim citizens.
How does it benefit Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners hailing from
Pakistan, Bangladesh, and Afghanistan?
 The CAA creates the legal right for the six minority communities from the threecountries to apply for
Indian citizenship, if they were religiously persecuted, even without travel documents like passport and
visa. The process of obtaining Indian citizenship through naturalization will be expedited for them.
Unlike other foreigners, they are eligible to get citizenship after a total residency period of six (1+5)
years. For other foreigners, this period is twelve (1+11) years.
What happens to the refugees presently in India?
 There are more than 200,000 Sri Lankan Tamils in India and more than fifteen thousand Afghans, 20-
25 thousand Rohingyas and a few thousand other refugees of different nationalities presently live in
India. It is expected that someday these refugees will return to their homelands when conditions
improve there.
 Each country including India has its own rules for naturalization. India is not a signatory to the UN
Convention of 1951 and the UN Protocol of 1967 on Refugees. Hence, India is under no obligation to offer
such migrants its citizenship

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Is there any link between CAA and National Register of Citizens (NRC)?
 No. The CAA has no link with NRC. The legal provisions regarding NRC have been part of the
Citizenship Act, 1955 since December 2004. Also, there are specific statutory rules of 2003 to
operationalize these legal provisions. They govern the process of registration of Indian citizens and the
issuance of national identity cards to them. The CAA has not altered these legal provisions.
What is National Population Register (NPR)?
 NPR is a process for collection of data for all persons resident in India, including declared foreign
citizens, to create a comprehensive data base of all residents.
 The procedures to be followed for preparing the NPR are laid down in the Citizenship rules 2003.

How will NPR be conducted?


 NPR updation in 2020 will be conducted with the first phase of census 2021. NPR does not require any
individual to provide any documentation and no identity card will be issued under NPR. NPR was first
conducted in 2010-11 along with the census.
How is NPR different from AADHAR?
 AADHAR is individual data whereas NPR contains family-wise data. Such familywise data is essential
for the successful implementation of various government schemes. It is not possible to construct family-
wise data from AADHAR

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PRELIMS QUICK REVISION NOTES

POLITY
DAY 6
FUNDAMENTAL RIGHTS
----------------------------------------------------------------------------------------------------------------------------------------------------------
FUNDAMENTAL RIGHTS
What are Fundamental Rights?

 Fundamental rights are the basic human rights enshrined in the Constitution of India
 They are guaranteed to all citizens.
 They are applied without discrimination on the basis of race, religion, gender, etc.
 Fundamental Rights are Enshrined in Part-III of the Indian Constitution from Articles 12 to 35.
 They are based on the Bill of Rights of the USA
 Part III of the Constitution is described as the Magna Carta of India.

Why are they called Fundamental Rights?

 They are enshrined in the Constitution which


guarantees them
 FRs are justiciable (enforceable by courts). In
case of a violation, a person can approach a court of
law.
 Originally, the constitution provided for seven
Fundamental Rights but at present, there are
only six
1) Right to Equality
2) Right to Freedom
3) Right against Exploitation
4) Right to Freedom of Religion
5) Cultural and Educational Rights
6) Right to Constitutional Remedies.

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Fundamental Rights at a Glance

Category Consists of
1. Right to Equality (a) Equality before law and equal protection of laws
(Article 14-18) (Article 14).
(b) Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.
(Article 15).
(c) Equality of opportunity in matters of public employment
(Article 16).
(d) Abolition of untouchability and prohibition of its practice
(Article 17).
(e) Abolition of titles except military and academic (Article 18).
2. Right to Freedom (a) Protection of six rights regarding freedom of : (i) speech
(Article 19-22) and expression, (ii) assembly, (iii) association, (iv)
movement, (v) residence, and (vi) profession (Article 19).
(b) Protection in respect of conviction of offences (Article 20)
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention (Article 22)
3. Right against (a) Prohibition of traffic in human beings and forced labour
Exploitation (Article 23).
(Articles 23-24) (b) Prohibition of employment of children in factories, etc.
(Article 24).
4. Right to Freedom of (a) Freedom of conscience and free profession, practice and
Religion propagation of religion (Article 25).
(Articles 25-28) (b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes of promotion of any
religion (Article 27).
(d) Freedom from attending religious instruction or worship in
certain educational institutions (Article 28).
5. Cultural and (a) Protection of language, script and culture of minorities
Educational Rights (Article 29).
(Articles 29-30) (b) Right of minorities to establish and administer educational
institutions (Article 30).
6. Right to (Article 32)
Constitutional Right to move the Supreme Court for the enforcement of
Remedies fundamental rights including the writs of
(Article 32) (a) Habeas corpus,
(b) Mandamus,
(c) Prohibition,
(d) Certiorari and
(e) Quo Warranto

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Important articles in fundamental rights:

Name of the article Article deals with

Article 14 Equality before law

Article 17 Abolition of untouchability

Article 18 Abolition of titles

Article 19 (a) Right to freedom of speech and expression

Article 21 Protection of life and personal liberty

Article 25 Freedom to practice religion

Article 30 Right of minorities to establish institutions

Note:
(i) Fundamental Rights available only to citizens and not to foreigners: Article 15, Article 16, Article
19, Article 29 and Article 30.
(ii) Fundamental Rights available to both citizens and foreigners (except enemy aliens) : Article 14,
Article 20, Article 21, Article 21A, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27 and
Article 28.

Rule of law
 The concept of equality, before law is an element of the concept of 'Rule of law', propounded by AV Dicey,
the British Jurist.

Right To Education (RTE)

86th Amendment Act, 2002 inserted Article 21A in the constitution of India to provide free
and compulsory education to all children in the Age group of 6-14 Years.
The Parliament enacted the Right of children to free and compulsory education (RTE) Act,
2009.
Aim to achieve Education for All

Right to Information Act (RTI), 2005

RTI Act 2005, came into force on October 2, 2005.


Revolutionary step in the direction of Making the system of governance and administration
transparent and accountable
It extends to whole of India except the state of Jammu & Kashmir

Preventive Detention
 Preventive detention means detention of a person without trial and conviction by a court. It is only a
precautionary measure and based on suspicion. The provisions for preventive detention have been
mentioned in Article 22.

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 The purpose of preventive detention is to prevent a person from committing a crime by arresting such
person even before he has committed any such crime.
 The 44th Amendment reduced the maximum duration of detention from 3 months to 2 months.

Why Right to Property is not a Fundamental Right?


 The Right to property (Article 31) was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
 This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.
 It is made a legal right under Article 300 A in Part XII of the Constitution.

Right to Constitutional Remedies


Type of Writ

Type of Writ Meaning of the Word Purpose of Issuance

Habeas Corpus Have the body The release of a person who has been
detained unlawfully whether in prison or
in private custody.

Mandamus Command Command issued to a public official asking


him to perform his official duties that he
has failed or refused to perform

Certiorari To be certified or to be To squash the order-already passed by an


informed inferior court, tribunal or quasi judicial
authority.

Prohibition Stay order or to forbid To prohibit an inferior court from


continuing the proceedings in a particular
case where it has no jurisdiction to try

Quo Warranto What is your authority Or To restrain a person from holding a public
by what warrants? office which he is not entitled.
 Apart from the judiciary, many other mechanisms have been created in later years for the protection of
rights. etc. National Commission on Minorities, the National Commission on Women, the National
Commission on Scheduled Castes etc. These institutions protect the rights of women, minorities or
Dalits. Besides, the National Human Rights Commission has also been established by law to protect
the fundamental and other kinds of rights.

Important Backward Classes Commission/Committee


(i) Mandal Commission : In 1979, the Morarji Desai Government appointed the Backward Classes
Commission under the chairmanship of B. to investigate the conditions of the socially and educationally
backward classes and suggest measures for their advancement The commission submitted its report in 1980
and recommended 27% jobs reservation for other backward classes
(ii) Ram Nandan Committee : Appointed to identify the creamy layer among the OBCs.It submitted its report
in 1993.

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National Commission for Backward Classes


 Established in 1993 by an Act of parliament. NCBC was a statutory body under the Ministry of
Social Justice and Empowerment.
 102nd Constitution Amendment Act, 2018 provides constitutional status to the National
Commission for Backward Classes (NCBC).
 It has the authority to examine complaints and welfare measures regarding socially and
educationally backward classes.
 It considers inclusions in and exclusions from the lists of castes notified as backward for the
purpose of jobs reservation.

Features of Fundamental Rights


 They are different from ordinary legal rights because
they are enforced.
 They are justiciable, implying they are enforceable by
courts. People can approach the SC directly in case of
violation of fundamental rights.
 If a legal right is violated, the aggrieved person cannot
directly approach the SC bypassing the lower courts. He
or she should first approach the lower courts.
 Fundamental rights are not absolute rights.
 They have reasonable restrictions as they are subject to
the conditions of state security, public morality and
decency and friendly relations with foreign countries.
 Fundamental rights can be amended by the Parliament
by a constitutional amendment but only if the
amendment does not alter the basic structure of the
Constitution.
 Fundamental rights can be suspended during a national
emergency. But, the rights guaranteed under Articles 20
and 21 cannot be suspended.

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Key Takeaways (Fundamental Rights)

1. India is referred as ___ under the Indian Constitution.


Bharat

2. Which important Human Right is protected in Article 21 of our Constitution?


Right to Life and Liberty

3. The Constitution confers a special authority for the enforcement of FRs on the ?
Supreme Court

4. The FRs of the Indian Citizen in our Constitution are contained under which Part of the Indian
Constitution.
Part III

5. Under Article 368, Parliament has no power to repeal FRs because they are ?
Basic Structure of Constitution

6. FRs can be claimed against the _______ ?


State

7. The FRs, which cannot be suspended even during the emergency, are Articles _____.
Art 20 and 21

8. Original Constitution classified FRs into seven categories but now there are ?
Six
9. India borrowed the idea of incorporating FRs in the Constitution from ----
USA

10. By which FR other FRs is protected? --- ------


Right to Constitutional Remedies

11. Right to Property is a legal right under the Article ____.


300A

12. The Right to private property was dropped from the list of FRs by the ________ Amendment Act.
44th Amendment

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13. The Right to equality guaranteed by the Indian Constitution does not include _______
Economic Equality

14. „Equality before the Law‟ implies ____


absence of any privilege in favor of any person

15. Which Resolution for the first time expressed the concept of equality before the law? ---
Swaraj Bill

16. Which FR was described by Dr. B. R. Ambedkar as the „Heart and Soul of the Constitution‟?
Right to Constitutional Remedies

17. The Constitutional remedies under the Article 32 can be suspended by the ----
Parliament

18. Writs can be issued for the enforcement of FRs by the ---
Supreme Court

19. Who enjoys the right to impose reasonable restrictions on the FRs of Indian citizen?
Parliament

20. Who can abridge any FR without damaging or destroying the basic features of the Constitution?
Parliament

21. Who is the Protector and Guarantor of the FRs?


Supreme Court

22. Any violation of FRs can be presented to ___


Both Supreme and High Courts

23. The FRs of the Indian citizen can be suspended by the ________during national emergency
President

24. „Ultra vires‟ means ----


Without authority

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25. In which case did the Supreme Court restrict the authority of Parliament to amend FRs and
declared these rights to be absolute, permanent and unalterable? ---
Golak Nath Case

26. In the famous Keshavananda Bharti V/s State of Kerala Case, the Supreme Court asserts the
power of the parliament to amend the Constitution under Article 368 subject to ----
Certain implied and inherent limitation of not amending the Basic Structure of the Constitution

27. „Rule of Law which permeates the entire fabric of the Indian Constitution excludes
arbitrariness‟. This principle was laid down in ----
Maneka Gandhi V/s Union Government Case

28. A Preventive Detention Act restraints the Right to ---


Freedom of Movement

29. Gender Equality includes protection from sexual harassment and right to work with dignity,
which is universally recognized as basic Human Right. This principle is laid down in ---
Vishaka V/s State of Rajasthan Case

30. The principle of Judicial review of President‟s Rule in State under the Article 356 is laid down in
S.R. Bommai V/s Union of India

31. Right to Equality is guaranteed under the Article ____.


14

32. Equal opportunity in matters of public employment is guaranteed under the Article ---
16

33. Which FRs abolishes discrimination?


Equality

34. Untouchability is associated with _______ inequality.


Social

35. „Right to Freedom‟ can be restricted in the interest of ----


Public order, Security of the State & Friendly relations with foreign States

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36. The Sikhs in India are permitted to carry Kirpans. Under which FR are they permitted to do so?
Right to freedom of religion

37. Freedom of Speech under the Indian Constitution is subject to reasonable restrictions on the
grounds of protection of ---
Sovereignty and integrity of the country

38. Which FR is considered as Bulwark of Democracy?


Right to Speech

39. The main objective of the cultural and educational rights granted to the citizens is to ----
Help the minorities to conserve their culture

40. A person can move to Supreme Court directly in vent of violation of FRs under Article---
32

41. Which FR granted by the Constitution prohibits traffic in human beings?


Right against exploitation

42. Right to practice and propagate any religion is the subject to ---
public order

43. Right to property was eliminated form the list of FRs during the tenure of which Prime Minister
Morarji Desai

44. Legal equality under the Indian Constitution implies that


there should be equality amongst equals and inequality among unequals

45. Which of the Provision authorizes Parliament to make special provisions for in favor of women
and children?
Article 15 (3)

46. Article 15 (3) confers a special provisions to --- ------


Women and Children

47. Article 15 (4) confers a special provisions for the advancement of ----
SCs and STs

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48. The principle “No person shall be prosecuted and punished for same offence more than once” is -
---- --------Double jeopardy

49. If an Act is not an offence on the date of its commission, a law enacted in future cannot make it
so, is the principle of ----
Ex-post facto law

50. Article 21A was inserted under our Constitution by way of ____ Constitutional Amendment.
86th

51. Earlier to 86th Amendment, Article 21A was in the form of ----
DPSP

52. What is the object of Article 21A of the Constitution? ----


Education

53. Right to education guaranteed under the Article 21A shall be between the age group of ---
6-14
54. Right to Education is a part of
Right to life

55. Which Article guarantees the Right of minorities to establish and administer the educational
institutions? ---
Art 30

56. The Right to establish educational institutional under Article 30 is applicable to ---
Linguistic Minority

57. Right to Decent environment includes


Right to life

58. Freedom of press is included in Right to ----


freedom of speech and expression

59. A citizen of India may be debarred from the Right to vote on the ground of ---
unsoundness of mind, crime or corrupt or illegal practice & non-resident

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60. Freedoms guaranteed under the Article 19 are suspended during emergency on the ground of ----
War or external aggression

61. Article 19(2) under the Indian Constitution speaks about ---
Reasonable restrictions

62. Freedom of religion guaranteed under the Article 25 is applicable to ---


Citizens as well as non citizens

62. Article 25 guarantees freedom of religion, but it is subject to ----


Public order, Morality & Health

63. „Contempt of Court‟ places restriction on which FR?


Right to Freedom

64. How many types of writs are there?


5

65. The writ of Habeas Corpus is issued ----


in the form of an order calling upon a person who has detained another person to bring that person before court
and show authority for such detention

66. The writ of Quo Warranto is an order from a superior court ----
whereby it can call upon a person to show under what authority he is holding the office

67. The writ of Mandamus is issued by a superior court to ---


command a person or public authority to do something in the nature of the public duty

68. The writ of Certiorari is issued by a superior court ----


to an inferior court to transfer the record of proceedings in a case for review

69. The writ of Prohibition is issued by a superior court ----


to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural
justice

70. Exploitation of any sort is prohibited under the Article ----


23

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71. Child labor is prohibited under the Article ---


24
72. Writ of Habeas Corpus means ---
produce the body before the court

73. Which writ is a bulwark of personal freedom? ---


Habeas Corpus

74. Which one of the following writs literally means „you may have the body‟? ---
Habeas Corpus

75. Right to Property was excluded form the FRs during the tenure of the Government headed by ----
Morarji Desai

76. What is the minimum permissible age in years of employment in any factory or mine according
to Art 24?
14 yrs

77. Which Article of the Constitution of India says, “No child below the age of 14 years shall be
employed to work in any factory or mine or engaged in any other hazardous employment?” ---
Art 24

DAY 7 & 8
REVISION DAY
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ATMANIRBHAR PROGRAM
PRELIMS QUICK REVISION NOTES

POLITY
DAY 9
DIRECTIVE PRINCIPLES OF STATE POLICIES
(DPSP)
FUNDAMENTAL DUTIES
----------------------------------------------------------------------------------------------------------------------------------------------------------

LEARNING OBJECTIVES
DIRECTIVE PRINCIPLES OF STATE POLICIES (DPSP’S)
 Classifications of DPSP’s
 New DPSP’s

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DPSP’S


FUNDAMENTAL DUTIES-ARTICLE 51A

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)


 Enumerated in Part IV of the Constitution from Articles 36 to 51. Borrowed this idea from the Irish
Constitution.
 Dr. B.R. Ambedkar described these principles as novel features of the Indian constitution. The Directive
Principles along with the fundamental rights contain the philosophy of the constitution and is the soul of the
constitution.
 Directive Principles of State Policy denotes the ideals that the State should keep in mind while formulating
policies and enacting laws. These are the constitutional instructions or recommendations to the State in
legislative, executive and administrative matters.
 The Directive Principles resemble the Instrument of Instructions. (Dr BR Ambedkar)

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Classifications of the Directive Principles

 On the basis of content and directions, they can be classified into 3 broad categories, viz,
1. Socialistic/Welfare Principles,
2. Gandhian Principles and
3. Liberal-intellectual Principles.

1. Socialistic/Welfare Principles

 Lay down the framework of a democratic


socialist state and set the path towards welfare
state.
 Article 38 : State to secure a social order for the
promotion of welfare of the people.
 Article 39 : The State shall, in particular, direct
its policy towards securing: the citizen, men, and
women equally have the right to an adequate
means of livelihood; the ownership and control of
the material resources of the community are so
distributed as best to serve the common good;
there is equal pay for equal work for both men
and women; the health and strength of workers,
men, and women, and the tender age of children
are not abused and that citizens are not forced
by economic necessary to enter vocations
unsuited to their age of strength.
 Article 39A : Promotes equal justice and
provides free legal aid to the poor.
 Article 41: Right to work, to education and to
public assistance in certain cases.
 Article 42 : Provision for just and humane
conditions of work and maternity relief.
 Article 43 : Living wages and proper conditions
of work to all the workers.
 Article 43A : Secure the participation of workers in the management of industries.
 Article 47 : Raise the level of nutrition, standard of living and improve public health.

2. Gandhian Principles

 Article 40 : Organization of village panchayats.


 Article 43 : Promotes cottage industries in rural areas.
 Article 43B : Promotes co-operative societies.
 Article 46 : Promotion of education and economic interests of Scheduled Castes (SCs), Scheduled Tribes
(STs), and other weaker sections.
 Article 47 : Duty 'of the state to raise the level of nutrition and to improve public health by prohibiting
the consumption of intoxicating drinks.

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 Article 48 : To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve
their breeds.

3. Liberal-intellectual Principles

 Article 44 : Uniform civil code for the citizens.


 Article 45 : Provision for free and compulsory education for children below 14 years.
 Article 48: Organizing of agriculture and animal husbandry on scientific lines.
 Article 48 : To protect and improve the environment, forest and wild life.
 Article 49 : Protection of monuments and places and objects of national importance.
 Article 50 : Separation of judiciary from executive
 Article 51 : Promotion of international peace and security.

New Directive Principles

 Article 38 added one more Directive Principle, which requires the state to minimize inequalities in income
status, facilities and opportunities under Article 38 (44th Amendment Act, 1978).
 Article 39 : To secure opportunities for healthy development of children (42nd Amendment Act, 1976).
 Article 39A To provide free legal aid to the poor (42nd Amendment Act, 1976).
 Article 43A To take steps to secure the participation of workers in the management of industries (42nd
Amendment Act, 1976).
 Article 48 A: To protect and improve the environment and to safeguard forests and wildlife. (42nd
Amendment Act, 1976).

Important articles in DPSP:


 Article 39-A: Free legal aid to the poor
 Article 40: Organisation of village Panchayats.
 Article 43 A: Participation of workers in the management of industries.
 Article 44: Uniform Civil Code
 Article 48: To prohibit cow slaughter
 Article 50: Separation of Judiciary from executive.

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Directives Outside Part IV
There are some other Directives contained in other parts of the Constitution.
 Claims of SCs and STs to Services : The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of
administration, in the making of appointment to services and posts in connection with the affairs of the
Union or a St ate (Article 335 in Part XVI).
 Instruction in mother tongue: It shall be the endeavor of every state and every local authority within the
state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to
children belonging to linguistic minority groups (Article 350 A in Part XVIII).
 Development of the Hindi Language: It shall be the duty of the Union to promote the spread of the
Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the
composite culture of India (Article 351 in Part XVII).

Differences between Fundamental Rights and Directive Principles

Fundamental Rights Directive Principles


 These are justiciable. They are legally  These are non-justiciable. They are not
enforceable by the courts in case :o their legally enforceable by the courts for their
violation. violation.

 These have legal sanctions.  These have moral and political sanctions.

 These are negative as they prohibit the  These are positive as they require the
State from doing certain things. State to do certain things.

 They aim at establishing politic  They aim at establishing social and


democracy in the country. economic democracy in the country.
 They promote the welfare of the  They promote the welfare of the
individual. Hence, they are persona and community. Hence, they are socialistic
individualistic.

MPPSC PRELIMS 2020- MPPSCADDA ATMANIRBHAR PRELIMS


(MPPSC PRELIMS TEST SERIES 2020 Enroll @2499)
Call: 9953733830 WhatsApp: 7982862964 Mail: mppscadda@gmail.com
www.mppscadda.com
ATMANIRBHAR PRELIMS 100 DAYS - POLITY
FUNDAMENTAL DUTIES
 The original constitution contained only the fundamental rights and not the fundamental duties. In 1976,
the Fundamental Duties of Citizens were added by 42nd Constitutional Amendment Act, 1976 on the basis
of Swarn Singh Committee, in Part IVA under Article 51A.
 Originally, there were 10 fundamental duties but at present, there are 11 fundamental duties. In 2002, one
more duty was added.
 FD is borrowed from the constitution of USSR Former Soviet Union.

Article51A : Fundamental Duties


It shall be the duty of every citizen of India :
1. To abide by the Constitution and respect its ideals and institutions, the national flag and the national
anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of
women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.
11. To provide opportunities for education to his child or ward between the age of six and fourteen years
(This duty was added by the 86th Constitutional Amendment Act, 2002).

MPPSC PRELIMS 2020- MPPSCADDA ATMANIRBHAR PRELIMS


(MPPSC PRELIMS TEST SERIES 2020 Enroll @2499)
Call: 9953733830 WhatsApp: 7982862964 Mail: mppscadda@gmail.com
www.mppscadda.com

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