Te Maxam oF Inoian Consrruion Cabmet misscom plan Q Sicniricance of PREAMBLE {poltical Philosopher). a, The present Constitution was framed by t seeat of India setup under i Theft meeting ofthe Constituent Assembly took place intern 4.the Assembly had 13 committees for framing the Constitution. The all-important Drafting Committee, which bore the responsibility of draftingthe Constitutional document was formed o' 5, ts Chatman was Dr bedkar. lt was finally passed and accepted on 26th November |“ 949, The last session of the Assembly Wwas held . Feaaaess whet unanimously elected Dr Rajendra asad as the President of India, 7.In all, 284 members of the Assembly signed the offi- Gal copies of the Indian Constitution which came into effect ), known and celebrated as the Republic Day of India. 8, Athough Constitution was ready but was delayed on this day Indian fe session under J.L. Nehru. [Some of TORS as those related to citizenship, elections, provi- sional Parliament and Fundamental Rights etc. were given immediate effect] complete the Constitution. 16, Originally it hac 18 sched- ules (12 at pres parts (24 at present). ani 1. Constituent Assembly adopted our National Flag on 2, Ras designed by Piigall enkalatof Andhra Pradesh. ee to have Consttution was even by MERRY | 1, The on proposed by Pant Nehruand ZB pass fituent Assembly, ultimately became ro the Constitution of India. The Preamble isan introduction to the Constitution of India. tis a key to the minds of the makers of the Constitution. The sig nificance of the Preamble lies in the fact that it tells us about the three things i.e. ultimate source of authority, ithe objectives \of sta . Preamble declares that sovereignty lies ultimately with the people of India, The Preamble declares that It is the people of India who had enacted, adopted and given the Constitution to themselves. It is the people of India who are ruled and ruling, who are elected and electing, ‘The Preamble declares India to be 1 (Fe reamble declares certain objectives to be achieved Le. justice, liberty, equality and fraternity. As the Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution on (42nd Amend been declared as a part of the Indian Constitution by the Supreme Court in Keshavanandan Bhatti case. .,Itcan neither provide substantive power (definite and real power) to the three organs of the State, nor limit their powers under the provisions of the Constitution. The Preamble cannot override the specific provisional of the Constitution, In case of any conflict between the two, the later shall prevail 10.1.4 | Chapter! ; qe CoustiTuTion | Directive Principles of State Policy Les OF | a Arne 5 3, Definition of Sta Constitution at a glance through Articles 37. Application of the direcuve principles 38. State to secure a social orser Jor the p) . WMPORTANT ARTICLES ee i 39. Certain principles of poliey to be followed by the § See ee oe eaale ar aniration of villag= panchay=te 4. fornoticn of new states and alteration of areas, bounda 40. Onpanetion ving panchasnte 5 or names of existing states + Rie 2 a eee certain cases mh 42. Provision for Just and humane conditions of genie materrity relict 5. Chizenshipat the commencement ofthe Constitution |, PONY TON 11, Patliament 10 regulate the right of citizenship by law Pere el beret iret er i 44. Uniform civil code for the citizens Fatnidirgental Rights 45. Provision for catly childhood care and education to ch 12. Defrition cf state dren below the age oi six years 13, Laws inconsistent with or in derogation ofthe fundamen- | 46, proyotion or educationel and economic interests of sches tal rights- judicial reviews tled castes, scheduled trikes and other weak 14. Equality before law 47. Duty of the state to raise the tex 15. Prohibition of discnmination on grounds of religion, Darvon Stilving aed’ iiefove public ‘aces, caste, sx of place of birth toyment, | 48: Organization of agriculture and anima hustan 16, Equality of opportunity in matters of publicemployment. | oe een a a tof atuonmn 17, Abolition of untoucnability quarding of foreste and wild Hi pee Polio of tiles 4, | 4% Protection of imonuments and pleces and obie 19. Protection of certain rights regarding freedom af sneec! baeees Pa ‘ ? 50. Separation af judiciery from executive See ee, core crOn Ton ollences 51, Prometion of international peace and security 21. Protection of life and personal liberty 2IA. Right to elementary education Fundamental Duties 22, Protection against arest and detention in certain cases. | 514, Fundamental auties 23. Prohibition of traffic in human beings and enforced labour ; . . 24. Prukibicler: of employment of children in factories, etc. | President and Vice President 25. Freed_m of conscience and fice profession, practice and 52. The President of India propagation of religion 53. Executive power of the union 26, Freedom to manage religious affairs 54. Election of President 27. Freedom 3: to payment of taxes for promotion of any par- | 55. Manner of election of President ticular religion 56. Terns of office of President 28. Freedom as to attendance at religious instruction or reli- | 57. Eligibility of re-election gious worship in certain educational institutions 58. Qualifications for election as President 29. Protection of interests of minorities 61. Procedure for impeachment of the President 30. Right of rninorities to establish and administer educa- | 63. The Vice President of India tional stitutions 64. ‘The Vice President to be ex-officio chairman of the cout 31. (Repealed) «il of states. BIA. Saving of laws pioviding for acquisition of estates, etc. 66. Election of Vice President 31B. Validelion of certain acts and 1egulations 67. Term of office of Vice President BIC. Savirg of laws giving effect to certain directive principles | 79. Discharge of President's functions in other contingene 31D. (Repealed) Power of President to grant pardons, etc, and to suspen 32. Remedies for enforcement of fundamental rights includ- remit or commute sentences in certain cases wa ne am Union Ministers and Attorney-General pace 74. Council of ministers to aid andl advise President 33. Power of Parliament to modify the fundamental rights in their application to forces, etc 34. Restriction on fundarnental rights while martial law is in force in any area 35. Legislation to give effect to some of the provisions of fun- | Parliament damental rights 80. Composition of the council of states @. Attorney-General for india 78. Duties of prime minister as respects the furnishing ° information to the President. ete41. Composition of the House of the people Bh ight of President to address and send messages to Houses a2, Disqualifications for membership iio.Definition of ‘money bills ioe vanguage to be used in Parliament ‘Supreme Court | p4,_ Establishment and Constitution of the Supreme Court Gap) Appointment of acting Chie lustice “ja7. Appointment of adhoc judges 129, Supreme Court to be a court of record 131, Original jurisdiction of the Supreme Court 132, Appellate jurisdiction of Supreme Court in appeals from high courts in certain cases, 137. Review of judgements or orders by the Supreme Court 139A. Transfer of certain cases 143, Power of President to consult Supreme Court Comptroller and Auditor-General of India , 148. Comptroller and Auditor General of India “'' 149. Duties and powers of the Comptroller and Auditor General Governor 153. Governors of states 154, Executive power of state 155, Appointment of governor 156. Term of office of governor 157. Qualification for appointment as governor 160. Discharge of the functions of the governor in certain contingencies Power of governor to grant pardons, etc,, and to suspend, remit or commute sentences in certain cases 161 State Ministers and Advocate-General 165. Advocate-General for the state State Legislature 169. Abolition or creation of legislative councils in states 175. Right of governor to address and send messages to the House of Houses 191. Disqualifications for membership 199. Definition of ‘money bills’ 210. Language to be used in the legislature 213. Power of governor to promulgate ordinances during recess of legislature High Courts 215. High courts to be courts of record 216, Constitution of high courts 217. Appointment and conditions of the office of a judge of a high court 221. Salaries etc., of judges 223. Appointment of acting Chief Justice 227. Power of superintendence over all courts by the high court Subordinate Courts BD nopointment of dstitjudees 335, Control over subordinate courts Legal Awareness: An Introduction | 1.8 Union Territories 239. Administration of ion of union territories 239 AA. Special provisions with respect to Delhi Panchayats 243 B. Constitution of panchayats 243'D. Reservation of seats 243 G. Powers, authority and responsibilities of panchayats 244 K. Elections to the panchayats Municipalities 243 Q. Constitution of municipalities 243 X. Powertoimposetaxesby,andfundsof,themunicipalities Centre-State Legislative Relations 248. Residuary powers of the legislation Right to Property 300 A. Persons not to be deprived of property save by the authority of law Public Services G12) all-india services ¢ vPSs¢ Public Service Commissions pcs 315. Public Service Commissions for the Union and forthe States 316. Appointment and term of office of members 317. Removal and suspension of a member of a Public Service Commission Tribunals 323A. Administrative tribunals Elections 324. Superintendence, direction and control of elections to be * vested in an Election Commission. Special Provisions for SCs, STs and Others 331. Representation of the Anglo-Indian community in the House of the people 333. Representation of the Anglo-Indian community in the legislative assemblies of the states Official Language 343. Official language of the Union 348 Language to be used in the Supreme Cour and inthe high courts and for acts, bills, et Emergency Provi 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 Amendment Act, of the Constitution (GE) Power of Pariament to amend the Constitution and pro: cedure thereof Temporary, Transitional and Special Provisions 370, ‘Temporary provisions with respect (o the State of lammu & Kashmir Now stands revoked since August 2019.18 | capes ‘A Bac oF Bornowincs’ Tiara legislature (Lok Sabha and Rajya Sabha), President, fand the Prime Minister. equality before law. matters of legislation, strong centre, vesting of residuary Q Constitution oF Ino GE UK Parliamentary form of the Government, bica as Constitutional Head of the State, Cabinet 2 Canada Federal structure/distribution of the subject power in the Centre. Australia Concurrent list, trade and commerce. I College in election of the President, nomination Ireland Directive Principles of State Policy, the use of Electoral tee in science or fine arts to the Rajya Sabha. of persons having experien USA Fundamental rights, equal protection of law, power of the President, position and duties of Vice Paecaen en yganization and independence of Supreme Court Including judicial review. South Africa _ Amendment of the Constitution Preamble to the Constitution-based on the model of the Ame ‘Advisory opinion of the Supreme Court, single citizenship. — United Nations srican Declaration of the Independence Canada Russia (USSR) _ Fundamental duties. Formation of alternate government. aly 11 Germany, Emergency provisions. Q Scueputes To THE ConstiTuTiON on Your FINGER Tips 7 “emitorial dem rcations of States and Union Tertitories (28 States, 7 Union Territories) Provisions as to President and Governors. Forms of Oaths or Affirmations. Fourth Schedule ‘Allocation of seats in Council of States (Rajya Sabha) (250 = 238 + 12). | Fifth Schedule. Provisions for administration and control of Scheduled Areas and STs. ns for administration of tribal areas in North-Eastern States (Tripura, Assa First Schedule Second Schedule ‘Third Schedule im, Meghalaya, Sixth Schedule Provisior Mizoram), ‘Seventh Schedule Lists specifying distribution of legislative subjects between Union and States (UL.—99, S—66, u Concurrent List = 47). ae Eighth Schedule ‘Total 22 languages. Original languages 14. Sindhi language was added by 21st Amendment and st Constitutional Amendment. 4 languages Konkani, Nepali and Manipuri languages are added by 71; (Mathily, Santhali, Bodo, Dogri) were added by 92nd Amendment. Laws and Regulations saved from judicial review (Ist Amendment). Ninth Schedule ‘Tenth Schedule Provisions for disqualification on the ground of defection (52nd Amendment). Eleventh Schedule Provision for Panchayats (73rd Amendment) Balwant Rai Committee recommended to add it. ‘Twelfth Schedule Provisions for Urban Local Self-Government (74th Amendment). Ctassirication of FUNDAMENTAL RIGHTS Fundamental Rights available to Fundamental Rights There are six groups of Fundamental Rights: any person on the soil of India _exclusive to the citizens (except to the Enemy Aliens) ' Right to equality Article 14: Equality before law and Article 15: Prohibition of discrimination only 0" _(atticle 14-18) equal protection of law. grounds of religion, race, caste, sex or place of Pit Sia aati ae Ee oes RET ithl tae Sie 2. ot ta reason oe al eee in respect of Article 16: Equality of opportunity in matters of ces. public employment. Right against exploitation Article 21; Protection of l H ite and ; fake Pa er AA i. Anite uly: ieee ipieoralh rights, regardingRight to constitutional remedies (Article 32) 6 of taxes for promotion of any particular religion Q Derimion oF State According to Article 12, ‘the State’ includes the Government and, ‘Parliament of India and the Government and the Legislature ‘of each of the States and all local or other authorities within “the territory of India or under the control of the Government of India. ‘The judiciary, it is said, though not expressly mentioned in Article 12 should be included within the expression ‘other authorities’ since courts are set up by statutes, and exercise powers conferred by the law. In Aiay Hassia the Supreme Court summarised the criterion for judging whether a body is a state. The following have been held to be State: 1. Regional Engineering College established by a Society registered under a State Act . Indian Statistical Institute Indian Council of Agricultural Research Food Corporation of India ‘Steel Authority of India Limited .. Nationalised Banks _ Rajasthan Electricity Board International Airport Authority Oil and Natural Gas Commission 10, Hyderabad Stock Exchange 11, Council for Indian School Certificate Examinations 12, United India Insurance Co. 13, Council of Scientific and Industrial Research. !tis settled law that a body which is an agency or instrumen- tality of the government is included in State, Important Articles Relating to Fundamental Rights Article 21a Right to education: By the Constitution (86th Amendment ‘ct) Act, 2002 @ new fundamental right has been provided by setting Anicle 214. It casts a duty on the State to provide free an compulsory education to all children between the age of 6 ‘© 14 years. Ta implement this right the State will enact appro~ Briate laws Education being a concurrent subject laws may be ‘nacted either by the Union or the States By the same Amendment Act, (86th) Article 45, a Directive Principle, relating free and compulsory education for children Atticle 27: Freedom as to payment has been replaced. Now this new Article 45 directs the State to provide childhood care and education to children below the age of 6 years. ‘The 86th Amendment Act, has added one more Fundamental Duty to Article 51A. Every parent or guardian has a duty to pro- vide educational opportunities to his child or ward between the age of 6 to 14 years. Article 14 Equality before law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, Equality before the law implies that no one is above the law of the land. Or absence of special privilege into few hands, However, the Constitution allows the following exceptions to the rule of equality before the law under Article 361 ‘The President or the Governor of a State is not answerable to any Court for the exercise and performance of the powers and duties of office: No criminal proceeding is to be instituted or continued against the President or a Governor in any Court during his, term of office, No civil proceeding in which relief is claimed against the President or the governor can be instituted during his term of office in any Court in respect of any act done by him in his per sonal capacity, before or after he entered the office of President or Governor, until two months expire after notice in writing has been delivered to the President/Governor stating the nature of the proceedings, the cause of action, and other details. These apart, other exceptions, such as in favour of foreign rulers and ambassadors, also exist in accordance with interna- tional standards. Equal protection of law means like should be treated alike unlike should not be treated alike Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth: Also, nothing in this article shall State trom making any special provision for women, 1 and also for the advancement of any socially and ally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.