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Constitution & Legal General Knowledge

Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBCs).

IV. Abolition
of Untouchability: Practising untouchability in any form has
been made a punishable offence under the law. This provision is an
effort to uplift the social status of millions of Indians who had been
looked down upon and kept at a distance because of either their caste
or the nature of their profession. But, it is really very unfortunate that
despite constitutional provisions, this social evil continues even today.
Can you find any difference when you see a nurse cleaning a patient, a
mother cleaning her child and a lady cleaning a toilet in the illustration?
Why do people consider the cleaning of a toilet in a derogatory
manner?

V.Abolition of Titles: All the British titles like Sir (Knighthood) or Rai
Bahadur which were given to the British loyalists during the British rule,
have been abolished because they created distinctions of artificial
nature. However, the President of India can confer civil and military
awards to those who have rendered meritorious service to the nation in
different fields.

2. Right to Freedom (Article 19 to 22):You will agree that the freedom is


the most cherished desire of every living being. Human beings definitely
want and need freedom. You also want to have freedom. The
Constitution of India provides Right to Freedom to all its citizens. This
Right is stipulated under Articles 19−22.

I. Protection of Six Rights: Article 19 guarantees to all citizens the six rights. These
are:
 Freedom of speech and expression.

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Freedom of assembly peacefully and without arms.


 Freedom to form associations or unions or co−opera ve societies.
 Freedom of movement throughout the territory of India.
 Freedom to reside and settle in any part of India.
 Freedom of profession or to carry on any occupation, trade or business.
Originally, Article 19 contained seven rights. But, the right to acquire,
hold and dispose of property was deleted by the 44th Amendment Act of
1978.

The purpose of providing these freedoms is to build and maintain an


environment for proper functioning of democracy. However, the
Constitution has authorized the State to impose certain reasonable
restrictions on each of them:

1. Restrictions may be put on the Right to Freedom of speech and


expression in the interests of the sovereignty, integrity and security of
India, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation or incitement
to an offence.

2.Right to assemble peacefully and without arms may be restricted in


the interests of the sovereignty and integrity of India or public order.

3.Right to form associations or unions or co−opera ve socie es may


have restrictions in the interests of the sovereignty and integrity of
India, public order or morality.

4. Right
to move freely throughout the territory of India and to reside
and settle in any part of India may also be restricted in the interest of
the general public or for the protection of the interests of any
Scheduled Tribe.
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5. Right to practise any profession or to carry on any occupation, trade


or business may have restrictions in the interests of the general public.
The State is also permitted to lay down the professional or technical
These freedoms can be suspended during the State of National Emergency. As soon as the State of
qualifications necessary for practising any profession or carrying on any
National Emergency is declared under article 352, the above mentioned freedom except the right
occupation, trade
to life and liberty or business.
automatically remain suspended as long as the State of National Emergency
continues. All these freedoms get restored as soon as the proclamation of National Emergency is
lifted.

Protection in respect of conviction for offences: Article 20 of the


II.
Constitution provides for the protection in respect of conviction for
offences. No one can be convicted for an act that was not an offence at
the time of its commission, and no one can be given punishment
greater than what was provided in the law prevalent at the time of its
commission. Also, no one can be prosecuted and punished for the same
offence more than once and can be forced to give witness against his or
her own self.

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Protection of life and personal liberty: As provided in Article 21, no


III.
one can be deprived of his or her life or personal liberty except
according to the procedure established by law.

Right to Education (RTE): The Right to Education is added by introducing a new Article 21A in the
Chapter on Fundamental Rights in 2002 by the 86th Constitutional Amendment. It was a long
standing demand so that all children in the age group of 6−14 years (and their parents) can claim
compulsory and free education as a Fundamental Right. It is a major step forward in making the
country free of illiteracy. But this addition remained meaningless, as it could not be enforced until
2009 when the Parliament passed the Right to Education Act, 2009. It is this Act which aims at
ensuring that every child who is between 6−14 years of age and is out of the school in India, goes to
school and receives quality education, that is his/her right.

IV.Protection against arrest and detention in certain cases: It is


provided in Article 22 that whenever a person is arrested, he or she
should be informed, as soon as it is possible, of the grounds for arrest
and should be allowed to consult and to be defended by a legal
practitioner of his or her choice. Moreover, the arrested person must
be produced before the nearest magistrate within 24 hours of such an
arrest excepting a person who has been arrested under preventive
detention law. The case of the person arrested under preventive
detention law has also to be referred to an Advisory Board within a
period of three months of his or her arrest.

Preventive Detention: When the State feels that a person is likely to commit crime or is a threat to
the security of the State, he/she may be detained without trial for a limited period. However, no
person can be kept under detention for more than three months until permitted by an Advisory
Board consisting of persons who are qualified to be appointed as judges of the High Courts. Such a
board is presided over by a sitting judge of a High Court.

3. Rightagainst Exploitation (Article 23 to 24):Have you ever thought


how many ways exploitations take place in our society? You might have
seen a small child working in a tea shop or a poor and illiterate person
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being forced to work in the household of a rich person. Traditionally,
the Indian society has been hierarchical that has encouraged
exploitation in many forms. Which is why, the Constitution makes
provisions against exploitation. The citizens have been guaranteed the
right against exploitation through Articles 23 and 24 of the Constitution.
These two provisions are:

I. Prohibition
of traffic in human beings and forced labour: Traffic in
human beings and begar and other similar forms of forced labour are
prohibited and any breach of this provision shall be an offence
punishable in accordance with law.

1. Traffic in human beings means selling and buying of human beings as material goods.
Trafficking, especially of young women, girls and even boys is continuing as an illegal trade.
2. Earlier especially in the feudal Indian society, people belonging to the poor and downtrodden
sections were made to do work free of charge for landlords and other powerful people. This
practice was Begar or forced labour.

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Prohibition of employment of children in factories, etc.: As the


II.

Constitution provides, 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. This right aims at eliminating one of the most
serious problems, child labour, that India has been facing since ages.
Children are assets of the society. It is their basic right to enjoy a happy
childhood and get education.

4. Right to Freedom of Religion (Article 25 to 28):As you know, one of


the objectives declared in the Preamble is “to secure to all its citizens
liberty of belief, faith and worship”. Since India is a multi− religion
country, where Hindus, Muslims, Sikhs, Christians and many other
communities live together,the Constitution declares India as a ‘secular
state’. It means that Indian State hasno religion of its own. But it allows
full freedom to all the citizens to have faith inany religion and to
worship, the way they like. But this should not interfere with
thereligious beliefs and ways of worship of other fellow beings. This
freedom is availableto the foreigners as well. In respect of the Right to
freedom the Constitution makesthe following four provisions under
Articles 25−28:

I.Freedom of conscience and free profession, practice and propagation


ofreligion: All persons are equally entitled to freedom of conscience and
the rightto profess, practise and propagate religion freely. However, it
does not meanthat one can force another person to convert his/her
religion by force orallurement. Also, certain inhuman, illegal and
superstitious practices have beenbanned. Religious practices like
sacrificing animals or human beings, for offeringto gods and goddesses
or to some supernatural forces are not−permissible.Similarly, the law
does not permit a widow to get cremated live with her deadhusband
(voluntarily or forcibly) in the name of Sati Pratha. Forcing thewidowed
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woman not to marry for a second time or to shave her head or to
makeher wear white clothes are some other social evils being practised
in the nameof religion. Besides the above stated restrictions, the State
also has the powerto regulate any economic, financial, political or other
secular activities related toreligion. The State can also impose
restrictions on this right on the grounds ofpublic order, morality and
health.

Freedom to manage religious affairs: Subject to public order, morality


II.
andhealth, every religious group or any section thereof shall have the
right (a) toestablish and maintain institutions for religious and
charitable purposes; (b) tomanage its own affairs in matters of religion;
(c) to own and acquire movableand immovable property; and (d) to
administer such property in accordance with law.

Freedom as to the payment of taxes for promotion of any particular


III.
religion: No person shall be compelled to pay any tax, the proceeds of
which are specifically used in payment of expenses the incurred on the
promotion or maintenance of any particular religion or religious sect.

IV.Freedom as to attendance at religious instruction or religious worship


in certain educational institutions:No religious instruction shall be
provided in any educational institution wholly maintained out of State
funds. However, it will not apply to an educational institution which is
administered by the State but has been established under any trust
which requires that religious instruction shall be imparted in such an
institution. But no person attending such an institution shall be
compelled to take part in any religious instruction that may be
imparted there or attend any

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religious worship that may be conducted there. In case of a minor, the


consent of his/her guardian is essential for attending such activities.

5.Cultural and Educational Right (Article 29 to 30):India is the largest


democracy in the world having diversity of culture, scripts, languages
and religions. As we know the democracy is a rule of the majority. But
the minorities are also equally important for its successful working.
Therefore, protection of language, culture and religion of the minorities
becomes essential so that the minorities may not feel neglected or
undermined under the impact of the majority rule. Since people take
pride in their own culture and language, a special right known as
Cultural and Educational Right has been included in the Chapter on
Fundamental Rights. In Articles 29−30 two major provisions have been
made:

I.Protection of interests of minorities: Any minority group having a


distinct language, script or culture of its own shall have the right to
conserve the same. No citizen shall be denied admission into any
educational institution maintained by the State or receiving aid out of
State funds on grounds only of religion, race, caste, language or any of
them.

Right of minorities to establish and administer educational


II.
institutions: All Minorities, whether based on religion or language, have
the right to establish and administer educational institutions of their
choice. In making any law providing for the compulsory acquisition of
any property of an educational institution established and administered
by a minority, the State shall ensure that the amount fixed by or
determined under such law for the acquisition of such property would
not restrict or abrogate the right guaranteed under that clause. The
State shall not, in granting aid to educational institutions, discriminate
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against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.

6.Right to Constitutional Remedies (Article 32):Since Fundamental


Rights are justiciable, they are just like guarantees. They are
enforceable, as every individual has the right to seek the help from
courts, if they are violated. But in reality it is not so. Encroachment or
violation of Fundamental Right in our day to day life is a matter of great
concern. That is why; our Constitution does not permit the legislature
and the executive to curb these rights. It provides legal remedies for the
protection of our Fundamental Rights. This is called the Right to
Constitutional Remedies stipulated in Article 32. When any of our rights
are violated, we can seek justice through courts. We can directly
approach the Supreme Court that can issue directions, orders or writs
for the enforcement of Fundamental Rights. While protecting the
fundamental rights these courts can issue the following writs:

 HABEAS CORPUS: It is a Latin term which literally means ‘to have


the body of’. It is an order by the court to the state to produce the
person physically before it justifies the confinement or release of
the person.
 MANDAMUS:It is a Latin term which literally means ‘we
command’. It is a command or an order from a superior court to a
subordinate court or tribunal or public authority to perform its
duty in case it is not doing it.

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 PROHIBITION:Literally, it means ‘to forbid’. It is an order issued by


the Superior Court to forbid a subordinate court or tribunal from
proceeding with a case which is beyond its jurisdiction.
 CERTIORARI: In the literal sense, it means ‘to be certified’ or ‘to be informed’.
It is an order
to a lower court from a superior court to transfer the matter to it
or to any other court for deciding the matter.
 QUO WARRANTO: In the literal sense, it means ‘by what authority
or warrant’. This writ is issued to restrain a person from acting in a
public office to which he /she is not entitled.

Some Important Facts About Fundamental Rights:-


1. FR finalised by a Committee of the Constituent Assembly headed
by Sardar Vallabh Bhai Patel.
2. Article 17 and Article 24 are the Absolute Rights.
3. Article 32 has been called as “cornerstone of the entire edifice” set up by the
Constitution.
th
4. Parliament amended Article 13 and Article 368 by the 24
Amendment Act, 1971 to empower itself to amend Part III of the
Constitution.
th
5. The 44 Amendment Act, 1978 prohibits the suspension of Article
20 and 21 even during a national emergency.
6. The six rights guaranteed by Article 19 can be suspended only
when emergency is declared on the grounds of war or external
aggression (i.e., external emergency) and not on the ground of
armed rebellion (i.e., internal emergency).
7. Their scope of operation is limited by Article 31A (saving of laws
providing for acquisition of estates, etc.), Article 31B (validation of
certain acts and regulations included in the 9th Schedule) and
Article 31C (saving of laws giving effect to certain directive
principles).
8. Fundamental Rights with negative expression: 14, 15 (1). 16 (2), 18, 22 (1), and
28 (1).
9. Fundamental Rights with positive expression: 25, 29 (1), 30 (1), 16, 16 (4) (A),
and 17.

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FR available only to citizens and not to foreigners:


1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of six rights regarding freedom of : (i) speech and
expression, (ii) assembly, (iii) association, (iv) movement, (v) residence,
and (vi) profession (Article 19)..
4. Protection of language, script and culture of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Rights outside Part III:


Besides the Fundamental Rights included in Part III, there are certain
other rights contained in other parts of the Constitution. These rights
are known as constitutional rights or legal rights or non− fundamental
rights. They are:
1. No tax shall be levied or collected except by authority of law (Article 265 in Part
XII).
2. No person shall be deprived of his property save by authority of law (Article 300−A
in Part XII).
3. Trade, commerce and intercourse throughout the territory of India
shall be free (Article 301 in Part XIII).
4. The elections to the Lok Sabha and the State Legislative Assembly
shall be on the basis of adult suffrage (Article 326 in Part XV).

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Directive Principle of State Policy

The Directive Principles of State Policy are enumerated in Part IV of the


Constitution from Articles 36 to 51. Dr B R Ambedkar described these
principles as ‘novel features’ of the Indian Constitution. The phrase
‘Directive Principles of State Policy’ denotes the ideals that the State
should keep in mind while formulating policies and enacting laws. The
Directive Principles resemble the ‘Instrument of Instructions’
enumerated in the Government of India Act of 1935.

Features of the Directive Principles:

1. These are positive as they require the State to do certain things.


2. These are non−jus ciable, that is, they are not legally
enforceable by the courts for their violation.
3. They aim at establishing social and economic democracy in the country.
4. These have moral and political sanctions.
5. They promote the welfare of the community. Hence, they are societarian and
socialistic.
6. They are not automatically enforced. They require legislation for their
implementation.
7. The courts cannot declare a law violative of any of the Directive
Principles as unconstitutional and invalid. However, they can uphold
the validity of a law on the ground that it was enacted to give effect
to a directive.

Classification of the Directive Principles:


On the basis of their content and direction, they can be classified into
three broad categories, viz, socialistic, Gandhian and
liberal−intellectual.

Socialistic Principles:

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a) To secure a social order for the promotion of welfare of the people.


b) Adequate means of livelihood for all citizens.
c) Equitable distribution of wealth and material resources among
all classes and to prevent concentration of wealth in a few
hands.
d) Equal pay for equal work for men as well as women.
e) Preservation of the health and strength of workers and children against forcible
abuse.
f) To secure opportunities for healthy development of children.
g) To promote equal justice and to provide free legal aid to the poor.
h) To secure the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement.
i) To secure just and humane conditions of work and maternity relief.
j) To secure a living wage, a decent standard of life and social and
cultural opportunities for all workers.
k) To take steps to secure the participation of workers in the management of
industries.
l) To raise the level of nutrition and the standard of living of people and to improve
public health.

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Gandhian Principles:

a) To organize village Panchayats and to endowing them with such


powers and authority as may be necessary to enable them to
function as units of self−government.
b) To promote cottage industries on individual or co−opera ve basis in rural areas.
c) To promote voluntary formation, autonomous functioning,
democratic control and professional management of co−opera ve
societies.
d) To promote the educational and economic interests of SCs, STs,
and other weaker sections of the society and to protect them from
social injustice and exploitation.
e) To bring about the prohibition and consumption of intoxicating drinks and drugs.
f) To prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds.

Liberal Principles:

a) To secure uniform and liberal code of law for all citizens of India.
b) To provide early childhood care & education for all children until
they complete the age of six years.
c) To organise agriculture and animal husbandry on modern and scientific lines.
d) To protect and improve the environment and to safeguard forests and wild life.
e) To protect monuments, places and objects of artistic or historic interest.
f) To separate the judiciary from the executive.
g) To promote international peace and security and maintain just and
honourable relations between nations; to foster respect for
international law and treaty obligations, and to encourage
settlement of international disputes by arbitration.

Directive in Other Parts (Not in Part IV)

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The following Directives are also non−jus ciable:

 Art. 350 A: Enjoins every State and every local authority within
the State to provide adequate facilities for instruction in the
mother tongue at primary stage to children of linguistic
minorities.

 Art 351 A: Enjoins the Union to promote the spread of Hindi


language so that if may serve as a medium of expression of all the
elements of the composite culture of India.

 Art 355 A : Claims of Scheduled Castes and the Scheduled Tribes


shall be taken into consideration, consistentlywith the
maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with affairs of
Union or of a State.

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Fundamental Duties

Though the rights and duties of the citizens are correlative and
inseparable, the original constitution contained only the fundamental
rights and not the fundamental duties. Later in 1976 by the 42nd
Constitutional Amendment Act, the fundamental duties of citizens were
added in the Constitution. This amendment added a new part, namely,
Part IVA to the Constitution. This new part consists of only one Article,
that is, Article 51A which for the first time specified a code of ten
fundamental duties of the citizens. In 2002by the 86th Constitutional
Amendment Act, one more Fundamental Duty was added.

Features of the Fundamental Duties:

Following points can be noted with regard to the characteristics of the Fundamental
Duties:
1. Some of them are moral duties while others are civic duties.
2. They refer to such values which have been a part of the Indian
tradition, mythology, religions and practices. In other words, they
essentially contain just a codification of tasks integral to the Indian way
of life.
3. Unlike some of the Fundamental Rights which extend to all persons

whether citizens or foreigners, the Fundamental Duties are confined to


citizens only and do not extend to foreigners.
4. Like the Directive Principles, the fundamental duties are also
non−jus ciable. The Cons tu on does not provide for their direct
enforcement by the courts. Moreover, there is not legal sanction
against their violation. However, the Parliament is free to enforce them
by suitable legislation.

List of Fundamental Duties:


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According to Article 51 A, it shall be the duty of every citizen of India:
(a) To abide by the Constitution and respect its ideals and institutions,
the National Flag and the National Anthem;
(b) To cherish and follow the noble ideals that inspired the national struggle for
freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
(e) To promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and
regional or sectional diversities and to renounce practices derogatory to
the dignity of women;
(f) To value and preserve the rich heritage of the country’s composite culture;
(g) To protect and improve the natural environment including forests,

lakes, rivers and wildlife and to have compassion for living creatures;
(h) To develop scientific temper, humanism and the spirit of inquiry and reform;
(i) To safeguard public property and to abjure violence;
(j) To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement; and
(k) 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.

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Important Features which are borrowed from other Constitution


Parliamentary form of Government, Rule of Law, Single Citizenship: UK Constitution
Fundamental Rights, Independence of Judiciary, Judicial Review,
Impeachment of the
Federal Structure, Vesting President:
of Residuary USinConstitution
Powers the Centre, Advisory Opinion of
Supreme Court: Canadian Constitution

Fundamental duties and the ideal of justice (social, economic


and political)
Concurrent in theofPreamble:
List, Freedom Russia
Trade, Commerce (USSR) Constitution
and Inter−course, Joint sitting of the two
Houses of Parliament: Australian Constitution

Suspension of Fundamental Rights during Emergency: Weimar Constitution of


Germany
DPSP, Nomination of Members into Rajya Sabha, Election of
President: Irish Constitution Ideals of liberty, equality and
fraternity in the Preamble: French Constitution
Amendment to Constitution: South African Constitution
Procedure established by Law: Japanese Constitution

President of India

 Must be a citizen of India


 Completed 35 years of age
 Eligible to be a member of Lok Sabha
Qualificati  Must not hold any government post. Exceptions are:
on 1. President and Vice−President
2. Governor of any state
3. Minister of Union State
 Indirectly elected through ‘Electoral College’
consisting of elected members of both the Houses of
Parliament & Elected members of the Legislative
Election Assemblies of the States. (No nominated members)
 Security deposit of Rs. 15,000/−
 Supreme Court inquires all disputes regarding

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President’s Election.
 Takes OATH in presence of Chief Justice of India, or in
his absence, senior− most Judge of Supreme Court

 5 year term
Terms  Article 57 says that there is no upper limit on the
and number of times a person can become President
 Can give resignation to Vice−President before full−term
Emolum  Present Salary− Rs. 5,00,000/month ( +other
ents allowances)
 Quasi−judicial procedure
 Can be impeached only on the ground of violation of
Impeach constitution U/A 61 of the Constitution.
ment  The impeachment procedure can be initiated in either
House of the Parliament
Vacancy  In case of office falls vacant due to death, resignation
or removal, the Vice−

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President act as President. If he is not available then


Chief Justice, it not then senior−most Judge of the
Supreme court shall act as the President of India
 The election is to be held within 6 months of the
vacancy
1. Appoints PM, Ministers, Chief Justice & judge of
Supreme Court & High Court, Chairman & members of
UPSC, Comptroller and Auditor General, Attorney
General, Chief Election Commissioner and other
members of Election Commission of India, Governors,
Members of Finance Commission, Ambassadors, etc
2. Can summon & prorogue the sessions of the 2 houses
& can dissolve Lok Sabha
3. Appoints Finance Commission (after every 5 years)
that recommends distribution of taxes between Union
Powers
& State governments
4. The President can promulgate 3 types of
Emergencies:−
1. National Emergency (Article 352)
2. State Emergency (President’s Rule) (Article 356)
3. Financial Emergency (Article 360)
5. He is the Supreme Commander of the Defence Forces
of India
6. President appoints Chief of Army, Navy and Air force
7. Declares wars & concludes peace subject to the
approval of the Parliament
8. No money bill or demand for grant can be
introduced or moved in Parliament unless it has been
recommended by the President
9. He has the power to grant pardon, reprieve or
remit of punishment or commute death sentences

List of Presidents of India

Ter Name Period Political party


m
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1 Rajendra Prasad 26−Jan−1950 to Indian National
13−May−1962 Congress
2 Sarvepalli 13−May−1962 to Independent
Radhakrishnan 13−May−1967
3 Zakir Hussain 13−May−1967 to Independent
3−May−1969
Varahagiri Venkata 3−May−1969 to Independent
Giri 20−Jul−1969
Muhammad 20−Jul−1969 to Independent
Hidayatullah 24−Aug−1969
4 Varahagiri Venkata 24−Aug−1969 to Independent
Giri 24−Aug−1974
5 Fakhruddin Ali 24−Aug−1974 to Indian National
Ahmed 11−Feb−1977 Congress
Basappa Danappa 11−Feb−1977 to Independent
Jatti 25−Jul−1977
6 Neelam Sanjiva 25−Jul−1977 to Janata Party
Reddy 25−Jul−1982
7 Giani Zail Singh 25−Jul−1982 to Indian National
25−Jul−1987 Congress
8 Ramaswamy 25−Jul−1987 to Indian National
Venkataraman 25−Jul−1992 Congress
9 Shankar Dayal 25−Jul−1992 to Indian National
Sharma 25−Jul−1997 Congress
10 Kocheril 25−Jul−1997 to Independent
Raman 25−Jul−2002
Narayanan

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11 A. P. J. Abdul 25−Jul−2002 to Independent


Kalam 25−Jul−2007
12 Pratibha Patil 25−Jul−2007 to Indian National
25−Jul−2012 Congress
13 Pranab Mukherjee 25−Jul−2012 to Indian National
25−Jul−2017 Congress
14 Ram Nath Kovind 25−Jul−2017 to Till now Bharatiya Janata
Party

Important Facts President of India


1. The only president who occupied office of president for two times: Dr. Rajendra Prasad
2. President of Indian Republic from 1950 to 1952: Dr. Rajendra Prasad
3. The only two presidents that died in office: Zakir Hussain (1969) & Fakarauddin Ali Ahmed
(1977)
4. If the posts of President and vice−president lie vacant, Chief jus ce of India works as President.
This situation happened in 1969 when Chief justice M Hidayutalla was appointed as president of
India
5. Neelam Sanjeev Reddy was the only candidate elected unopposed.
6. Pratibha Devisingh Patil is the first women president of India.
7. President submits his resignation to Vice President and vice versa.
8. President of India enjoys complete immunity from criminal proceedings during his tenure.
However civil proceedings may be initiated against him by giving prior notice.
9. First President From Dalit Community − K R Narayanan

Office Minimum (Age in Maximum (Age in


Years) Years)
The President 35 −
The Vice President 35 −
Lok Sabha Speaker 25 −
LS Deputy Speaker 25 −
CJI − 65
Judges of SC − 65
Members of LS 25 −
Members of RS 30 −
Attorney General − 65
CAG − 65
Chairman of UPSC − 65
Members of UPSC − 65
Governor 35 −
CM 25 −
MLA 25 −

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Member of 30 −
Legislative Council
(MLC)
Advocate General − 62
Members if State PSC − 62
CJ of High Court − 62
Justice of HC − 62

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Constitutional Offices in India


Office Election Oath Resignation
The President Electoral CJI Vice−Preside
college−the nt
elected members
of both
houses of
Parliament and
elected
members of
Legislative
Assemblies
Vice- Electoral President President
President College− All
members of LS
and RS
PM President President President
Appoints
leader of
majority Party
LS Speaker Elected by the President Deputy
Members Speaker of LS
of LS
CJI President (After President President
following
the consultation
process)
Judges of SC President (After President President
following
the consultation
process)
CEC President President President
CAG President President (or President
any other
person
appointed by

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President
)
Attorney President President President
General
Chairman of President President President
UPSC
Governor President CJ (High President
Court)
CJ High Court President (After Governor President
following
the consultation
process)
Other Judges President (After Governor President
of HC consulting the
Governor,
and CJ of HC)
Advocate Governor Governor Governor
General
Chairman of Governor Governor Governor
State PSC
Members of Governor Governor Governor
State PSC

Pay
Commissions
Pay Commission Chairman Appointmen Report
t
First Pay Commission S. Varadachariar 1946 1947
Second Pay Jaganath Das 1957 1959
Commission
Third Pay Commission Raghubir Dayal 1970 1973
Fourth Pay P.N. Singhal 1983 1986
Commission
Fifth Pay Commission S.R. Pandian 1994 1997
Sixth Pay Commission B.N. Srikrishna 2006 2008
Seventh Pay A.K. Mathur 2014 2016
Commission

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Administrative Reform Commissions in India

The Administrative Reforms Commission or ARC is the committee


appointed by the Government of India for giving recommendations for
reviewing the public administration system of India. The first ARC was
established on 5 January 1966. The Administrative Reforms Commission
was initially chaired by Morarji Desai, and later on K. Hanumanthaiah
became its chairman when Morarji R Desai became the Deputy Prime
Minister (PM) of India. The Second Administrative Reforms Commission
(ARC) was constituted on 31 August 2005, as a Commission of Inquiry,
under the Chairmanship of Veerappa Moily for preparing a detailed
blueprint for revamping the public administrative system.

1st ARC

The first ARC submitted 20 reports which contained 537 major


recommendations. Based on inputs received from various
administrative Ministries, a report indicating implementation position
was placed before the Parliament in November, 1977.

2nd ARC

Composition of the Second ARC


 Veerappa moily − Chairperson
 V. Ramachandran − Member
 Dr. A.P. Mukherjee − Member
 Dr. A.H. Kalro − Member
 Dr. Jayaprakash Narayan − Member
 Vineeta Rai − Member−Secretary

The Second Administrative Reforms Commission (ARC) was constituted


on 31 August 2005. Veerapaa Moily resigned with effect from 1 April

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2009. V. Ramachandran was appointed as chairman. Dr. Jayaprakash
Narayan resigned with effect from 1 September 2007.

The commission has presented the following 15 Reports to the Government for
consideration:
1. Right to Information − Master Key to Good Governance (09.06.2006)

2. Unlocking Human Capital − Entitlements and Governance−a Case Study


(31.07.2006)
3. Crisis Management − From Despair to Hope (31.10.2006)
4. Ethics in Governance (12.02.2007)
5. Public Order − Justice for each peace for all. (25.06.2007)
6. Local Governance 1 | Local Governance 2 | Local Governance 3 (27.11.2007)
7. Capacity Building for Conflict Resolution − Friction to Fusion (17.3.2008)
8. Combating Terrorism (17.9.2008)
9. Social Capital − A Shared Destiny (8.10.2008)
10. Refurbishing of Personnel Administration − Scaling New Heights (27.11.2008)

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11. Promoting e−Governance − The Smart Way Forward (20.01.2009)


12. Citizen Centric Administration − The Heart of Governance (30.3.2009)
13. Organisational Structure of Government of India (19.5.2009)
14. Strengthening Financial Management Systems (26.5.2009)
15. State & District Administration (29.5.2009)

Delimitation Commissions in India

Under Article 82 of the Constitution, the Parliament by law enacts


a Delimitation Act after every census. After coming into force
commencement of the Act, the Central Government constitutes a
Delimitation Commission. This Delimitation Commission demarcates the
boundaries of the Parliamentary Constituencies as per provisions of the
Delimitation Act. The present delimitation of constituencies has been
done on the basis of 2001 census figures under the provisions of
Delimitation Act, 2002. Notwithstanding the above, the Constitution of
India was specifically amended in 2002 not to have delimitation of
constituencies till the first census after 2026. Thus, the present
Constituencies carved out on the basis of 2001 census shall continue to
be in operation till the first census after 2026.

List of Chief Election Commissioner (CEC) ofIndia

Name Tenure
Sukumar Sen 21 March 1950 − 19 December
1958
K.V.K. Sundaram 20 December 1958 − 30 September
1967
S.P.Sen Verma 1 October 1967 − 30 September
1972
Dr. Nagendra Singh 1 October 1972 − 06 February 1973
T. Swaminathan 7 February 1973 − 17 June 1977
S.L. Shakdhar 18 June 1977 − 17 June 1982
R.K. Trivedi 18 June 1982 − 31 December 1985
R.V.S. Peri Sastri 1 January 1986 − 25 November
1990

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Smt. V.S. Rama Devi 26 November 1990 − 11 December
1990
T.N. Seshan 12 December 1990 − 11 December
1996
M.S. Gill 12 December 1996 − 13 June 2001
J.M. Lyngdoh 13 June 2001 − 8 February 2004
T.S. Krishna Murthy 8 February 2004 − 16 May 2005
B.B. Tandon 16 May 2005 − 07 February 2006
N. Gopalaswamy 8 February 2007 − 20 April 2009
Navin Chawla 21 April 2009 − 22 July 2010
Mr. S.Y. QAURAISHI 30 July 2010 − 10 June 2012
V.S. Sampath 11 June 2012 − 15 January 2015
H.S. Brahma 16 January 2015 − 18 April 2015
Nasim Zaidi 19 April 2015 − 5 July 2017
Achal Kumar Jyoti 6 July 2017 − 22 January 2018
Om Prakash Jyoti 23 Jnauary 2018 − 1 December
2018
Sunil Arora 2 December 2018 − Incumbent

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Schedules to Indian Constitution

First  List of States & Union Territories


Sched
ule
Secon  Salary of President, Governors, Chief Judges, Judges of
d High Court and Supreme court, Comptroller and Auditor
Sched General
ule
Third  Forms of Oaths and affirmations
Sched
ule
Fourth  Allocate seats for each state of India in Rajya Sabha
Sched
ule
Fifth
 Administration and control of scheduled areas and
Schedule scheduled tribes
Sixth  Provisions for administration of Tribal Area in Assam,
Sched Meghalaya, Tripura & Mizoram
ule
 Gives allocation of powers and functions between Union
& States. It contains 3 lists
Seven 1. Union List (For central Govt) 100 Subjects
th (originally 97).
Sched 2. States List (Powers of State Govt) 61 subjects
ule (originally 66).
3. Concurrent List (Both Union & States) 52 subjects
(originally 47).

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 List of 22 languages of India recognized by Constitution

1. Assamese 2. Bengali 3. Gujarati


4. Hindi 5. Kannada 6. Kashmiri
7. Manipuri 8. Malayalam 9. Konkani
10. Marathi 11. Nepali 12. Odia
13. Punjabi 14. Sanskrit 15. Sindhi
Eighth
16. Tamil 17. Telugu 18. Urdu
Sched
19. Santhali 20. Bodo 21. Maithili
ule
22. Dogri
 Sindhi was added in 1967 by 21 Amendment
 Konkani, Manipuri ad Nepali were added in 1992 by
71stAmendment Santhali, Maithili, Bodo and Dogri were
added in 2003 by 92ndAmendment.
 Added by 1st Amendment in 1951. Contains acts &
Ninth
Sched orders related to land tenure, land tax, railways,
ule industries.{Right of property not a fundamental right
now}.
Tenth  Added by 52ndAmendment in 1985. Contains provisions
Sched of disqualification of grounds of defection.
ule
Eleven  By 73rdAmendment in 1992. Contains provisions of
th Panchayati Raj.
Sched
ule

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Twelft  By 74thAmendment in 1992. Contains provisions of


h Municipal Corporation.
Sched
ule

List of Chief Justice of High Court(As on 01/09/2019)

Sr.N State/High Court Chief Justice


o.
1. Allahabad High Court Justice GOVIND MATHUR
2. Andhra Pradesh High Justice CHAGARI PRAVEEN
Court* KUMAR
3. Bombay High Court Justice PRADEEP NANDRAJOG
4. Calcutta High Court Justice THOTTATHIL B.
RADHAKRISHNAN
5. Chhattisgarh High Court Justice P. R. RAMACHANDRA
MENON
6. Delhi High Court Justice DHIRUBHAI N. PATEL
7. Gauhati High Court* Justice ARUP KUMAR
GOSWAMI
8. Gujarat High Court* Justice ANANT SURENDRARAY
DAVE
9. Himachal Pradesh High Justice V.
Court RAMASUBRAMANIAN
10. Jammu & Kashmir High Justice MS. GITA MITTAL
Court
11. Jharkhand High Court* Justice HARISH CHANDRA
MISHRA
12. Karnataka High Court Justice ABHAY SHREENIWAS
OKA
13. Kerala High Court Justice HRISHIKESH ROY
14. Madhya Pradesh High Justice RAVI SHANKER JHA
Court*
15. Madras High Court Justice SMT.V.K.TAHILRAMANI
16. Manipur High Court Justice RAMALINGAM
SUDHAKAR
17. Meghalaya High Court Justice AJAY KUMAR MITTAL
18. Orissa High Court Justice K. S. JHAVERI

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19. Patna High Court Justice AMESHWAR PRATAP
SAHI
20. Punjab and Haryana High Justice KRISHNA MURARI
Court
21. Rajasthan High Court Justice SHRIPATHI RAVINDRA
BHAT
22. Sikkim High Court Justice VIJAY KUMAR BIST
23. Telanagana High Court Justice RAGHVENDRA SINGH
CHAUHAN
24. Tripura High Court Justice SANJAY KAROL
25. Uttarakhand High Court Justice RAMESH
RANGANATHAN
* Acting Chief Justice

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IMPORTANT CASE LAWS ON FUNDAMENTAL RIGHTS

Right Case Law Citation


Right to got aboard Satwant Singh (1967) 3 SCR 525:
Sawhney V.D. AIR 1967 SC 1836
Ramaratnam, A.P.O.,
New Delhi
Right to privacy Govind V. State of Madhya (1975) 2 SCC 148:
Pradesh AIR 1975 SC 1378
Right against Sunil Batra V. Delhi (1978) 4 SCC 494:
solitary Administration AIR 1978 SC 1675
confinement
Right against bar Charles Sobhraj V. Suptd., (1978) 4 SCC 104:
fetters Central Jail AIR 1978 SC 1514
Right to legal aid M.H. Hoskot V. State of (1978) 3 SCC 544:
Maharashtra AIR 1978 SC 1548
Right to Speedy Hussainara Khatoon (1980) 1 SCC 81:
trial AIR 1979 SC 1360
V. Home Secretary,
State of Bihar
Right against Prem Shankar Shukla (1980) 3 SCC 526:
handcuffing AIR 1980 SC 1535
V. Delhi
Administration
Right against T.V. Vatheeswaram V. (1983) 2 SCC 68:
delayed State of Tamil Nadu AIR 1983 SC 361
execution
Right against Sheela Barse V. State of (1983) 2 SCC 96:
custodial Maharashtra AIR 1983 SC 378
violence

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Right against A.G. of India V. Lachma Devi (1989) Supp. (1) SCC
264
public
hanging
Right to Parmanand Katra V. Union (1989) 4 SCC 286
of India
doctor’s
assistance
Right to shelter Shantistar Builders V. N.K. (1990) 1 SCC 520:
Totame AIR 1990 SC 630
Right to privacy Zahida Begum V. AIR 2006 Karn 10
Mushtaque Ahmed

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Speakers of the Lok Sabha from the Year 1952 till date

1. G.V. Mavlankar May 15, 1952 to February 27, 1956


2. M. A. Ayyangar March 8, 1956 to April 16, 1962
3. Sardar Hukam April 17, 1962 to March 16, 1967
Singh
4. N. Sanjiva Reddy March 17, 1967 to July 19, 1969
5. G.S. Dhillon August 8, 1969 to December 1, 1975
6. Bali Ram Bhagat January 15, 1976 to March 25, 1977
7. N. Sanjiva Reddy, March 26, 1977 to July 13, 1977
8. K.S. Hegde July 21, 1977 to January 21, 1980
9. Balram Jakhar January 22, 1980 to December 18,
1989
10. Rabi Ray December 19, 1989 to July 9, 1991
11. Shivraj Patil July 10, 1991 to May 22, 1996
12. P.A. Sangma May 25, 1996 to March 23, 1998
13. G.M.C. Balayogi March 24, 1998 to March 3, 2002
14. Manohar Joshi May 10, 2002 to June 2, 2004
15. Somnath June 4, 2004 to May 31, 2009
Chatterjee
16. Meera Kumar June 4, 2009 to June 4, 2014
17. Sumitra Mahajan June 5, 2014 to June 16, 2019
18. Om Birla June 19, 2019 to till now

FIRST IN INDIA (MALE)

First Indian to swim across the English Mihir Sen


Channel
First to Climb Mount Everest Tenzing Norgay
First to climb Mount Everest without Phu Dorjee
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Oxygen
First Indian to join I.C.S. (ICS Now is IAS) Satyendra Nath Tagore
First Indian to get Nobel Prize Rabindranath Tagore
First Indian in Space (First Indian Sqn Ldr Rakesh Sharma
cosmonaut)
First British Governor General Warren Hastings
First Governor General of Free India Lord Mountbatten
First Viceroy of India Lord Canning
Last Governor General of Free India C. Rajagopalachri

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First President of India Dr. Rajendra Prasad


First Vice−President of India Dr. S.Radhakrishnan
First Muslim President of India Dr. Zakir Hussain
First Sikh President of India Giani Zail Singh
First Prime Minister Pt. Jawaharlal Nehre
First Speaker of Lok Sabha G.V.Mavlankar
First Chief Justice of India Justice H.K.Kania
First President of Indian National W.C.Bannerjee
Congress
First Indian to become member of Lord S.P.Sinha
Viceroy’s Executive
Council
First Indian to become President of Dr. Nagendra Singh
International Courts
of Justice
First Emperor of Mughal Dynasty Babur
First Field Marshal S.H.F.J. Manekshaw
First Indian Commander−in−Chief of Gen. K.M.Cariappa
India(now Field
Marshal)
First Chief of the Army Staff(Indian) Gen. Maharaja Rajendra Singhji
First Chief of the Naval Staff(Indian) Vice−Admiral R.D.Katari
First Chief of the Air Force Staff(Indian) Subroto Mukherjee
First Indian in British Parliament Dadabhai Naoroji
First Indian recipient of Victoria Cross Khudada Khan
(highest gallantry
award before independence)
First Indian to circumnavigate the globe Lt. Col. K.S.Rao
First Indian to reach the South Pole Cot J.K.Bajaj(1989)
First Indian High Court Judge Justice Syed Mehamood(1978)
First Indian to make a solo air flight J.R.D.Tata
First Indian to Visit England Raja Rammohan Roy (1832)
First Indian Member of House of Lords Lord S.P.Sinha
(British)
First Bar−at Law J.M.Tagore
First Chairman of Rajya Sabha Dr S.Radhakrishnan(1952−62)
First Indian Test Cricketer K.S.Ranjit Singhji
First Air Marshal Arjan Singh
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First Judge to face impeachment in the Justice V.Ramaswami
Lok Sabha
Fastest Shorthand writer Dr. G.D.Mist(250wpm)
First man to cross Grand Canyon on the Nik Wallenda
tight trope

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FIRST IN INDIA (FEMALE)

First woman President Mrs. Pratibha Patil


First woman Prime Minister Mrs. Indira Gandhi
First woman Chief Minister of State Mrs. Sucheta Kripalani
First woman Minister Mrs. Vijayalakshmi Pandit
First woman Central Minister Rajkumari Amarit Kaur
First woman Speaker of Lok Sabha Meira Kumar
First Women Speaker in State Legislative Mrs. Shanno Devi
Assembly
First woman Governor of State Mrs. Sarojini Naidu
First Indian woman President of Indian Annie Besant
National Congress
First woman President of UN General Ms. Vijyalakshmi Pandit
Assembly
First Muslim woman to sit on the throne Razia Sultana
of Delhi
First woman to swim across the English Ms. Arti Saha (now Mrs. Arti
Channel Gupta)
First woman to Climb Mount Everest Bachhendri Pal
First woman IAS Officer Anna George Malhotra
First woman IPS Officer Kiran Bedi
First woman Advocate Cornelia Sorabji
First woman Judge of a Supreme Court M.Fathima Biwi
First woman Chief Justice of High Court Leila Seth
First woman Chief Engineer P.K.Thresia
First woman to climb Mount Everest two Santosh Yadav (ITBP
times Officer)−1993
First woman to win Nobel Prize Mother Teresa
First to be crowned Miss India Pramita (Ester Victoria
Abraham)−1947
First to be crowned Miss Universe Sushmita Sen
First to be crowned Miss World Reita Faria
First woman to be appointed as a key Ganeve Lalji
aide to an Army

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Commander
First Indian woman amputee to conquer Arunima Sinha
Mount Everest
First twins(woman) to scale Mount Tashi and Nungshi Malik
Everest

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PROTOCOL LIST

The Indian order of precedence is the protocol list at which Indian


government officials are seated according to their rank. This is not the
list of succession. Few are given below:
 President
 Vice−President
 Prime Minister
 Governors of States (within their respective States)
 Former Presidents
 Deputy Prime Minister (vacant)
 Chief Justice of India
 Speaker of Lok Sabha
 Cabinet Ministers of the Union
 Chief Ministers of States (within their respective States)
 Deputy Chairman of NITI Aayog
 Former Prime Ministers
 Leaders of Opposition in Rajya Sabha and Lok Sabha
 Holders of Bharat Ratna decoration
 Ambassadors Extraordinary and Plenipotentiary and High
Commissioners of Commonwealth of Nations accredited to India
 Chief Ministers of States (outside their respective States)
 Governors of States (outside their respective States)
 Judges of Supreme Court of India
 Chairman of Union Public Service Commision
 Chief Election Commissioner of India
 Comptroller and Auditor General of India
 Deputy Chairman, Rajya Sabha
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 Deputy Chief Ministers of States
 Deputy Speaker, Lok Sabha
 Members of the NITI Aayog
 Ministers of State of the Union
 Lietenants Governor of Union Territories (within their respective UTs)
 Attorney General of India
 Cabinet Secretary

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IMPORTANT AMENDMENTS IN THE CONSTITUTION OF INDIA

The first Amendment Act to the Indian Constitution was made


in the year 1951 According to it, Articles 15, 19, 85, 87, 174, 176,
341, 342, and 376 were amended and Articles 31A and 3IB inserted and
Ninth Schedule was added.

The Constitution (7th Amendment) Act, 1956: The Act abolished the
existing classification of states into four categories i.e., Part A, Part B,
Part C and Part D states, and reorganised them into 14 states and 6
union territories, extended the jurisdiction of high courts to union
territories, provided for the establishment of a common high court for
two or more states and provided for the appointment of additional and
acting judges of the high court.

The Constitution (15th Amendment) Act, 1963: The Act increased the
retirement age of high court judges from 60 to 62 years and and
enabled the high courts to issue writs to any person or authority even
outside its territorial jurisdiction if the cause of action arise within its
territorial limits.

The Constitution (24th Amendment) Act, 1971: It was a retaliatory act


of the Parliament to neutralise the effect of the judgement in Golak
Nath Case. It affirmed the power of the Parliament to amend any part of
the Constitution. After this amendment, the President is bound to
assent to Constitution Amendment Bill.

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The Constitution (25th Amendment) Act, 1971: This Actcurtailed the
fundamental right to property and provided that any law made to give
effect to the Directive Principles contained in Article 39 (b) or (c) cannot
be challenged on the ground of violation of the rights guaranteed by
Articles 14, 19 and 31.

The Constitution (26th Amendment) Act, 1971: It abolished the privy


purses and privileges of the former rulers of princely states.

The Constitution (31st Amendment) Act, 1973: Increased the elective


strength of the Lok Sabha from 525 to 545. Under the Act, the upper
limit of representatives of the States goes up from 500 to 525 and that
of the Union Territories decreases from 25 to 20.

The Constitution (38th Amendment) Act, 1975: It made the declaration


of emergency by the president & the promulgation of ordinances by the
president, governors and administrators of union territories
non−jus ciable.

The Constitution (39th Amendment) Act, 1975: This Act placed the
disputes relating to the president, vice−president, prime minister and
Speaker beyond the scope of the judiciary.

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The Constitution (42nd Amendment) Act, 1976: (The most


comprehensive amendment made so far to the Constitution; it is known
as ‘Mini−Cons tu on’) It was enacted during the period of internal
emergency. It was passed by Parliament on November 11, 1976 and
received Presidential assent on December 18, 1976.

The Amendment established beyond doubt the supremacy of


Parliament over the other wings of Government; gave the Directive
Principles precedence over the Fundamental Rights; enumerated for the
first time a set of ten Fundamental Duties (new Part IV A) and added
three new words (i.e., socialist, secular and integrity) in the Preamble.It
further imposed limits on the power and jurisdiction of the judiciary;
raised the term of the Lok Sabha and the Vidhan Sabha from five to six
years; authorised the use of Central armed forces in any State to deal
with law and order problems, made the President bound by the advice
of the Council of Ministers and envisaged the establishment of
administrative tribunals for service matters of Government employees
and also other tribunals for economic offences. The Act also clearly laid
down that no Constitutional Amendment could be questioned in any
court of law. It shifted five subjects from the state list to the concurrent
list, viz, education, forests, protection of wild animals and birds, weights
and measures and administration of justice, constitution and
organisation of all courts except the Supreme Court and the High
Courts.

The Constitution (43rd Amendment) Act, 1977: It received the


Presidential assent on April 13, 1978. The Act restored the jurisdiction

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of the Supreme Court and the high courts in respect of judicial review
and issue of writs and deprived the Parliament of its special powers to
make laws to deal with anti−na onal activities.

The Constitution (44th Amendment) Act, 1978: The Constitution (45th


Amendment) Bill, re− numbered as the 44th Amendment came into
force on April 30, 1979, when the President gave his assent. The Act
removes major distortions in the Constitution introduced during the
Emergency. The duration of the Lok Sabha and State Legislative
Assemblies has been reduced from six to five years— the normal term
which was extended during the Emergencyunder the 42nd Amendment
to achieve some political purposes. The Right to Property ceases to be a
Fundamental Right and becomes only a legal right according to the
Constitutional 44th Amendment. The Act also extends, for the first time
since independence, constitutional protection for publication of the
proceedings of Parliament and State Legislatures, except in cases where
it is proved to be “malicious”. It replaced the term ‘internal disturbance’
by ‘armed rebellion’ in respect of national emergency. Another
important feature of the Act is that any proclamation of Emergency
need henceforward, be issued by the President only after receiving the
advice of the Cabinet as a whole in writing. The President will not be
called upon to act on the basis of advice by the Prime Minister on his
own without consulting his Cabinet. Other safeguards provide that the
proclamation will have to be adopted by a two−thirds majority of the
members of both Houses of Parliament within a month. It further
provided that the fundamental

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rights guaranteed by Articles 20 and 21 cannot be suspended during a


national emergency. The 44th Amendment provides safeguards against
future subversion of the Constitution for establishing an authoritarian
regime. It contains provisions which are designed to make it impossible
to impose the kind of emergency the country had experienced for 19
months.It empowered the president to send back once the advice of
cabinet for reconsideration, but, the reconsidered advice is to be
binding on the president and deleted the provision which made the
satisfaction of the president, governor and administrators final in
issuing ordinances.

The Constitution (52nd Amendment) Act, 1985: (popularly known as


Anti−Defec on Law) The Act has made defection to another party, after
elections illegal. Any member defecting to another party after elections
will be disqualified from being Member of Parliament or State
Legislature and added a new Tenth Schedule containing the details in
this regard.

The Constitution (61st Amendment) Act, 1989: It lowered the voting age from 21 to
18.

The Constitution (65th Amendment) Act, 1990:Provided for the


establishment of a multi−member National Commission for SCs and STs
in the place of a Special Officer for SCs and STs.

The Constitution (69th Amendment) Act, 1991: Delhi made National


Capital Territory (NCT) of Delhi. The Act also made provision for
Legislative Assembly and a Council of Ministers for Delhi.

The Constitution (70th Amendment) Act, 1992: Before this act was

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made, Article 54 relating to the election of the President provided for
an electoral college consisting only of the elected members of
Parliament as well as the legislative assemblies of the States (not of
Union Territories). The amendment provides for inclusion of members
of legislature of the UT Pondicherry and the NCT Delhi in the Electoral
College for the election of the President.

The Constitution (73rd Amendment) Act, 1992: Granted constitutional


status and protection to the panchayati raj institutions. For this
purpose, the Amendment has added a new Part−IX en tled as ‘the
panchayats’ and a new Eleventh Schedule containing 29 functional
items of the panchayats.

The Constitution (74th Amendment) Act, 1992: Granted constitutional


status and protection to the urban local bodies. For this purpose, the
Amendment has added a new Part IX−A en tled as ‘the municipalities’
and a new Twelfth Schedule containing 18 functional items of the
municipalities.

The Constitution (81st Amendment) Act, 2000: It provides that the


unfilled vacancies of a year reserved for SC/ST kept for being filled up in
a year as per Article 16, shall be considered separately for filling
vacancies in the succeeding year and the previous list will not be
considered for filling the 50% quota of the respective year.

The Constitution (82nd Amendment) Act, 2000: ItProvides for making of


any provision in favour of the SCs and STs for relaxation in qualifying
marks in any examination or lowering the standards of

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evaluation, for reservation in matters of promotion to the public


services of the Centre and the states

The Constitution (83rd Amendment) Act, 2000: The Act amended


Article 243 M to provide that no reservation in Panchayats be made in
favour of SC/ST in Arunachal Pradesh where the whole population is
tribal.

The Constitution (86rd Amendment) Act, 2002: The Act made


elementary education a fundamental right. The newly−added Ar cle
21−A declares that “the State shall provide free and compulsory
education to all children of the age of six to fourteen years in such
manner as the State may determine”. It also changed the subject
matter of Article 45 in Directive Principles. It now reads— “The State
shall endeavour to provide early childhood care and education for all
children until they complete the age of six years”. It further added a
new fundamental duty under Article 51−A which reads—“It shall be the
duty of every citizen of India who is a parent or guardian to provide
opportunities for education to his child or ward between the age of six
and fourteen years”.

The Constitution (89th Amendment) Act, 2003: The Act bifurcated the
erstwhile combined National Commission for Scheduled Castes and
Scheduled Tribes into two separate bodies, namely, National
Commission for Scheduled Castes (Article 338) and National
Commission for Scheduled Tribes (Article 338−A).

The Constitution (91st Amendment) Act, 2003: Made provisions to limit

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the size of Council of Ministers to 15% of legislative members, to debar
defectors from holding public offices, and to strengthen Anti Defection
laws.

The Constitution (92nd Amendment) Act, 2004: Included Bodo, Dogri,


Santali and Maithali in the Eighth Schedule. With this, the total number
of constitutionally recognised languages increased to 22.

The Constitution (96th Amendment) Act, 2011: Amended Schedule 8


and substituted “Odia” for “Oriya”.

The Constitution (97th Amendment) Act, 2012: Amended Article 19,


inserted Article 43B and added Part IXB {Added the words "or
co−opera ve societies" after the word "or unions" in Article 19(l)(c),
inserted the article 43B i.e., Promotion of Co−opera ve Societies and added Part−IXB i.e., The Co−

operative Societies(Articles 243−ZH to 243−ZT)}.

The amendment objective is to encourage economic activities of


cooperatives which in turn help progress of rural India. It is expected to
not only ensure autonomous and democratic functioning of
cooperatives, but also the accountability of the management to the
members and other stakeholders.

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The Constitution (98th Amendment) Act, 2013: Inserted Article 371J (To
empower the Governor of Karnataka to take steps to develop the
Hyderabad−Karnataka Region).
The Constitution (101st Amendment) Act, 2016: The GST Constitutional
(122nd Amendment) Bill’ 2014 became the GST Constitutional (101st
Amendment) Act’ 2016 when the president assented the provisions of
bill on 8th Sept’ 2016. GST Constitutional (101st Amendment) Act’ 2016
contains the provisions which are necessary for the implementation of
GST Regime.
The Act inserted a new Article 246A which makes enabling provisions
for the Union and States with respect to the GST legislation. It further
specifies that Parliament has exclusive power to make laws with respect
to GST on interstate transactions. Thus, as per these provisions, the
CGST and SGST Act shall be made by Central Government and State
Governments respectively, while the IGST Act shall be made by Central
Government only.
The Act omitted the Article 268A of the Constitution. The said article
empowers the Government of India to levy taxes on services. As tax on
services has been brought under GST, such a provision would no longer
be required.
The Act amended the Article 248, 249, 250, 268, 269, 270, 271, 286, 366 and 368.
This amendment inserted a new article 269A which provides for levy of
goods and services tax on supplies in the course of inter−State trade or
commerce.The Act inserted a new Article 269A which provides for
goods and services tax on supplies in the course of inter−State trade or
commerce which shall be levied and collected by the Government of
India and such tax shall be apportioned between the Union and the
States in the manner as may be provided by Parliament by law on the
recommendations of the Goods and Services Tax Council.
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The Act further inserted a new Article 279A which provides for the
Goods and Services Tax Council. It further amended the Sixth Schedule
and Seventh Schedule.

The Constitution (102nd Amendment) Act, 2018: The Act granted


constitutional status to the National Commission for Backward Classes
(NCBC). The Act inserted articles 338B, 342A and omiited Article 340.

The Constitution (103rd Amendment) Act, 2019:The Act provides for a


maximum of 10% Reservation for Economically Weaker Sections of
citizens of classes other than the classes mentioned in clauses (4) and
(5) of Article 15, i.e. Classes other than socially and educationally
backward classes of citizens or the Scheduled Castes and the Scheduled
Tribes.The Act amended the Article 15, inserted Clause [6] under Article
15 as well as amended the Article 16, inserted Clause [6] under Article
16.

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SOME LANDMARK CASES RELATED TO INDIAN CONSTITUTION

Champakam Dorairajan Vs State of Madras 1951

Well before Arjun Singh, this case concerning admissions of backward


classes to educational institutions led B.R. Ambedkar, then the law
minister, to pilot the first−ever amendment to the Constitution.

K.M. Nanavati Vs State of Maharashtra 1960

The crime of passion, where Commander Kawas Maneckshaw Nanavati


murdered his wife's lover, marked the end of jury trials in India when
the officer was let off.

Golaknath Vs State of Punjab 1967

The Supreme Court made fundamental rights immune from


amendment until Parliament reasserted its authority in 1971 by
amending Articles 13 and 368 of the Constitution.

Madhav Jiwaji Rao Scindia Vs Union of India 1970

The Supreme Court rejected a 1970 presidential order abolishing titles,


privileges and privy purses of India's erstwhile princely rulers.

Kesavananda Bharati Vs State of Kerala 1973

In 1971, Parliament empowered itself to amend any part of the


Constitution. However, the Supreme Court laid down that such
amendments could not destroy the 'basic structure' of the
Constitution− fundamental rights are part of the 'basic structure'.

Himmat Lal Shah Vs Commissioner of Police 1973

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It dealt with a common citizen's right to hold public meetings on streets
and the extent to which the state could regulate this right.

Indira Gandhi Vs Raj Narain 1975

Indira Gandhi declared Emergency after being ordered by the Allahabad


High Court to vacate her seat for malpractice. The Supreme Court later
overturned the decision.

A.D.M. Jabalpur Vs S. Shukla 1976

The Supreme Court declared the right to move court under Articles 14,
21 and 22 would remain suspended during the Emergency.

Maneka Gandhi Vs Union of India 1978

The case caused a huge uproar over the definition of freedom of


speech.The court ruled that the procedure must be fair and the law
must not violate other fundamental rights.

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Minerva Mills Vs Union of India 1980

The Supreme Court again applied the 'basic structure' theory, saying
that social welfare laws could not curb fundamental rights.

Ramesh Dalal Vs Union of India 1988

The case dealt with the subject of pre−Par on communal violence,


and how its depiction was not in violation of Constitutional articles.

Rajan Case 1981

Involving the torture and death of a final year engineering student in


custody in Kerala, the case led to the resignation of K. Karunakaran,
then the home minister, and imprisonment of the officers accused.

Kehar Singh Vs Delhi Administration 1984

Kehar Singh was accused of taking part in the murder of Indira Gandhi.
Though the death sentence was upheld by the Supreme Court, its
accuracy has often been questioned.

Babri Masjid, Ayodhya Case 1994

The case questioned the Constitutional validity of the acquisition of a


certain area adjoining the disputed site. The Supreme Court upheld
status quo on the disputed structures.

Best Bakery Case 2006

The controversial trial came to an end with the conviction of nine


people. The case related to 14 deaths in an arson attack on the Best
Bakery in Vadodara in 2002. A retrial was ordered in 2004 after a local
court acquitted all 21 accused.

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Shah Bano Case 1985

The case, related to the issue of Muslim personal law, caused a furore
as the court awarded Shah Bano a maintenance allowance after
divorce.

SC Advocates on Record vs. UOI-2015 (NJAC held Unconstitutional)

The Constitution Bench of the Supreme Court of India declared 99 th


Constitutional Amendment and National Judicial Appointment
Commission (NJAC) unconstitutional by 4:1 majority as it violates the
Basic Structure of the Constitution of India.

Shyam Narayan Chouski vs. UOI-2016 (National Anthem must in Theatres)

The Supreme Court made it mandatory for all cinema theatres to play
the National Anthem before a movie begins during which the National
Flag is to be shown on the screen.

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Justice K S Puttaswamy (Retd.) and Ans. vs. UOI & Ors-2016

Right to Privacy is a Fundamental Right (In a unanimous decision the


Nine−Judge Cons tu onal Bench overruled the judgement in M P
Sharma and Kharak singh Case).

Courtroom Judgment

Indira Sawhney Vs Union of India 1992

The Supreme Court upheld the implementation of recommendations


made by the Mandal Commission. It also defined the "creamy layer"
criteria and reiterated that the quota could not exceed 50 per cent.

St. Stephen's College Vs University of Delhi 1992

The identity of St. Stephen's College as a minority−run institution was


put under the scanner as it was receiving grant−in−aid from the
Government. The court ruled that grants could not change the minority
character of an institution.

S.R. Bommai Vs Union of India 1994

The case laid down the guidelines in proving a majority under Article
356. The recent Arjun Munda case judgement was also passed with
reference to the Bommai case.

R. Rajagopal Vs State of Tamil Nadu 1994

The case decided that the right to privacy subsisted even if a matter
became one of public record. The right to be let alone is part of
personal liberty.

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P.A. Inamdar Vs State of Maharashtra 2005

The Supreme Court stated that "neither the policy of reservation can be
enforced by the state nor any quota of admissions be carved out in
private educational institutions".

Sarla Mudgal Vs Union of India 1995

The Supreme Court held that a second marriage solemnised while the
first existed was a punishable offence, though it did not become null
and void.

Jamaat-e-Islami Hind Vs Union of India 1995

The association was banned for unlawful activities. But the decision was
reversed due to lack of evidence.

Ministry of I&B Vs Cricket Association of Bengal 1995

The case, which dealt with the broadcast of the Hero Cup, was the first
tussle involving the telecast of an international event by a private
broadcaster.

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Vishaka Vs State of Rajasthan 1997

For the first time, sexual harassment, including sexually coloured


remarks and physical contact, was explicitly and legally defined as an
unwelcome sexual gesture. It stated that every instance of sexual
harassment is a violation of fundamental rights.

Samatha Vs State of AP 1997

The Supreme Court said government land, tribal land, and forest land in
scheduled areas could not be leased to non−tribals or private
companies for mining or industrial operations. Such activity can only be
done by tribal people or by a government undertaking.

Rupan Deol Bajaj Vs K. P. S. Gill 1998

K.P.S. Gill, former chief of Punjab Police, was fined Rs.2.5 lakh in lieu of
three months' rigorous imprisonment for slapping senior IAS officer
Rupan Deol Bajaj on the posterior.

Representation of the People (Amendment) Act 2002

The judgement of a three−member Bench ordered candidates


contesting elections to declare their assets and all criminal cases
pending against them at the time of filing of nominations.

Tamil Nadu Vs Suhas Katti 2004

The first case involving conviction under the Information Technology


Act, 2000, related to the posting of obscene messages on the Internet.

Om Prakash Vs Dil Bahar 2006

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In a severe deterrent to incidents of rape, the Supreme Court held that
a rape accused could be convicted on the sole evidence of the victim,
even if medical evidence did not prove rape.

Indra Sawhney vs. Union of India 1993

• Caste
can be a criterion for identification of backward classes.
Economic condition need not be the only criterion.

• 16(4) is not an exception to 16(1). Reservation is valid under 16(1)


itself because of the doctrine of reasonable classification adopted by
Art. 14. 16(4) is just an instance of classification.

• Classes mentioned in 16(4) are NOT same as in 15(4) but much wider.
15(4) == socially and economically backward classes and SCs, STs.16(4)
== ANY backward class that is not adequately represented in govt.
services.

• Creamy layer must be excluded.

• Backward and more backward − valid.

• Only economic criteria − not valid.

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• Reservation cannot exceed 50%.

• Any new criteria must be discussed only in SC.

• Reservation in promotions − not valid. This was nullified by


77thamendment in 1995 that added clause 16 (4A) that allows
reservation in promotions.

Sarla Mudgal vs. Union of India 1995

Husband changed religion only for second marriage. SC held that under
HMA, 1955, marriage is void if a person has a spouse alive at the time of
marriage. Thus, changing one’s religion will not change application of
law.

Muslim law will apply only if the first marriage was performed under Muslim law.

State of Maharashtra vs. Tukaram (aka Mathura Rape Case) 1974 (Article 21 of the
Constitution)

A 16yr old tribal girl was raped by two constables in a police chowki in
Chandrapur, Maharashtra, while her parents were waiting outside,
unknowingly. SC acquitted the accused because of lack of evidence and
proper laws. It held that since the girl did not raise any alarm nor were
there any injury marks, it was not rape.

This prompted a change in the section 114(a) of Evidence Act in 1983


that states that if a woman says that she did not consent forintercourse
then the court shall assume that she did not consent.

MM Pathak vs. Union of India AIR 1978 (related to Article 359)

LIC entered into a settlement with its employee before emergency.


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During emergency this settlement was scrapped by a law. This was
defended on the ground that since fundamental rights were suspended
during emergency it cannot be challenged on the ground that it violates
fundamental rights in the courts.

SC held that rights given under art 14 to 19 are not suspended under
emergency. Only their operation is suspended. Therefore as soon as
emergency ends, those rights are revived again. Also, liabilities incurred
before emergency cannot be quashed by a law made in emergency.
They are revived after emergency.

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GEOGRAPHY

Some Important Facts about the Planets:-


1. Jupiter has the maximum number of satellites.

2. Jupiter is the fastest rotating orbit.

3. Venus is the lowest rotating orbit.

4. The length of the day is nearly same on the planet Mars as that of earth.

5. Jupiter, Saturn, Uranus and Neptune are the Jovian Planets (or Gaseous
Planets).
6. The angle of inclination of Mars is nearly same as that of earth.

7. Jupiter, Saturn, Uranus and Neptune are the outer planets.

8. Mercury, Venus, Earth and Mars are the inner planets.

9. Mercury, Venus, Earth and Mars are the terrestrial Planets (or Rocky Planets).

10. Venus rotates from east to west.

11. Uranus rotates from north to South.

12. Mercury is the fastest revolving planet.

13. Pluto is the slowest revolving dwarf planet.

14. Planet revolves around the Sun in Anti−Clockwise direction.

15. Mercury is the nearest plant to the Sun.

16. Mercury has no water on it.

17. Venus is the nearest planet to earth.

18. Venus is the hottest planet. Its atmosphere contains 97% CO 2.

19. Jupiter is the biggest planet.

20. Earth is the densest planet.

21. Venus is the brightest planet.

22. Earth is the blue planet.

23. Mars is the Red Planet.

24. Venus is the morning and evening star.

25. Venus is also called the Earth’s Twin.

26. Saturn and Uranus are known as the planets with rings.

27. Mercury has the shortest year.

28. Pluto has the longest year.

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PLANETS AND THEIR SATELLITES

Planets and their


Satellites
Planet Natural Satellites
Earth Earth’s Moon
Mars Phobos, Deimos
Jupiter Adrastea, Metis, Amalthea,
Thebe, Io, Europa, Ganymede,
Callisto, Leda, Himalia, Lysithea,
Elara, Ananke, Carme, Pasiphae,
Sinope,
Saturn Atlas, Prometheus, Pandora,
Janus, Mimas,
Tethys, Dione, Helene, Rhea,
Titan, Hiperion,

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