Revision Notes: Indian Constitution

Idea for a Constituent Assembly for drafting a constitution for India was first provided by Bal Gangadhar Tila in !"#$% The elections for the first Constituent Assembly were held in &uly !#'(% Initially it had )"# members* but later the reformed Assembly had )+' members% The ,tate of -yderabad did not participate in elections to the Constituent Assembly% The first meeting of Constituent Assembly was held on .ecember #* !#'(/ its president was .r ,acchidanand ,inha% The second meeting was held on .ecember !!* !#'(% Its president was .r Ra0endra 1rasad%

The 2b0ectives Resolution was passed under chairmanship of &%3% Nehru% The .raft of Indian Constitution was presented in 2ctober !#'4% 1resident of the .rafting Committee was Bhim Rao Ambed ar% The 5lag Committee wor ed under &%B% 6ripalani% The total time consumed to prepare the draft was + years* !! months* !" days% Total !! meetings were held for this% The Indian Constitution was enacted on November +(* !#'( and put into force on &anuary +(* !#$7% The Constitution today has ''' Articles and !+ schedules% 2riginally there were )#$ Articles and " schedules% ,2CIA3I,T* ,8C93AR* INT8GRIT:/these words were added to the 1reamble later* through the '+nd Amendment* !#4(%

The 1reamble contains aims and ob0ectives of our Constitution% 5undamental Rights are contained in 1art III/ called ;<agna Carta= of the Constitution% The idea was borrowed from 9,A% Initially there were 4 fundamental rights* now there are only (% >The Right to 1roperty was deleted by the ''th amendment in !#4"% It is now a 0udicial right/it has been moved to Article )77>A?%? The ,upreme Court 0udgement in 6eshwanand Bharti vs 6erala case provided that 5undamental Rights can be altered by the 1arliament as long as the basic structure of the Constitution remains intact% The <inerva <ills case ruling of the ,upreme Court* however* ruled that 5undamental rights are basic part of the Constitution% The power to alter them was snatched away% 5undamental Right of 8@uality provides for:

/8@uality in government 0obs >Article !(?% /No discriminations >Article !$?% /No untouchability >Article !4?% /Abolition of titles >Article !"?% The important freedoms granted are: /Against eAploitation >Article +)?% /Against child labour >Article +'?% The Right to Constitutional Remedies is provided under Article )+%

The Constitution provides that -igh Courts and the ,upreme Court can issue various writs >written orders? to safeguard freedom of an individual% There are five types of writs: Habeas Corpus/;may I have the body=/it orders to present reasons as well as physical presence of a body in court* within +' hours of arrest%

Mandamus/issued to person* office or court/to enforce duties/also called ;1aram Aadesh=% Prohibition/issued to inferior courts* by superior courts/it prohibits >stops? action of acts outside their 0urisdiction% Quo Warranto/it as s how one has gained unauthorised office% Certiorari /-igher Court ta es over case from lower courts% .r Ambed ar has called this article as ;soul= of the Constitution% .irective 1rinciples of ,tate 1olicy act as guidelines or morals for the government% They are contained in 1art IB of the Constitution% They were borrowed from Ireland% ,ome important directive principles are: /Gram 1anchayats >Article '7?% /9niform civil code >Article ''?% /5ree and compulsory education >Article '$?% 5undamental duties are contained in part IB>A?% There are ten

fundamental duties listed in the Constitution% This idea was borrowed from Russia% The Bice 1resident is the Chairman of the Ra0ya ,abha% -owever* he is not a member of any -ouse% If a member is found sitting in another -ouse of 1arliament* of which he is not a member* he has to pay a fine of Rs $777% Ra0ya ,abha has +$7 members/+)" elected and !+ nominated by the 1resident% 9ttar 1radesh elects maAimum number of members for the Ra0ya ,abha >)'?* followed by Bihar >++? and <aharashtra >!#?% In one year time* the 1resident must hold at least two meetings of the Ra0ya ,abha%

If a state of 8mergency is declared* the 3o ,abha is dissolved* but not the Ra0ya ,abha >It is a permanent -ouse?% 3o ,abha has $'4 members/$'$ elected and + nominated from the AngloCIndian Community% .uring a state of emergency* the tenure of 3o ,abha can be eAtended by a maAimum of one year% <aAimum number of members of 3o ,abha are elected from 9ttar 1radesh >"7 members?* followed by Bihar >$'? and <aharashtra >'"?% <inimum age for becoming member of 3o ,abha is +$ years and Ra0ya ,abha is )7 years% <inimum age to be eligible for the post of the 1resident is )$ years%

The 1resident is elected by members of both -ouses of 1arliament and ,tate 3egislative Assemblies% The Bice 1resident is elected by all members of the 1arliament% To discuss an important topic* the normal procedure of the 1arliament is stopped under the Ad0ournment motion% .ecision about whether a Bill is a <oney Bill or not is ta en by the 3o ,abha ,pea er% The first -igh Courts in India were established at Bombay* Calcutta* and <adras* in !"(+% Allahabad and .elhi were established neAt in !"((% <aAimum age to remain a -igh Court 0udge is (+ years and maAimum age to remain a ,upreme Court 0udge is ($ years%

The process for removal of Comptroller and Auditor General of India is same as that of 0udges of the ,upreme Court% Attorney General is the law eApert to government% -e can participate and spea in both -ouses of 1arliament* but is not allowed to vote% The idea of having a 3o pal to chec corruption at the highest level has been borrowed from ;2mbudsman= of ,weden% In the ,tates* we have the 3o Ayu ta% There are three types of 8mergencies that can be proclaimed by the 1resident% 8mergency under Article )$+/due to war or internal rebellion% >Implemented three times >!#(+* 4!* 4$?%? 8mergency under Article )$(/Constitutional problems% >Implemented many times* in various ,tates li e &D6* 1un0ab* etc%? 8mergency under Article )(7/5inancial 8mergency% >Not implemented so far?%

The Constitution initially recognised !' National 3anguages% 3ater* four more were added% These were: ,indhi >+!st amendment?* Nepali* 6on ani and <anipuri >4!st amendment?% To gain the status of a National 1arty* a political party must be recognised in four or more ,tates* attaining at least 'E votes on national scale and #E in each ,tate% The flag of the Congress party was accepted as the National 5lag >with few changes? on &uly ++* !#'4% The new 5lag Code of India gives freedom to individuals to hoist the flag on all days* but with due respect to the flag% The Fuestion hour in the 1arliament is observed from !! am to !+ noon% The Gero hour is observed from !+:77 noon to !:77 pm%

Balwant Rai <ehta Committee suggested a threeCtier structure for 1anC chayati Ra0/Gram 1anchayat village level* 1anchayat ,amiti at bloc level and Gila 1arishad in districts% 5irst Constitutional Amendment/!#$!/put a ban on propagating ideas to harm friendly relations with foreign countries% 1lanning Commission is only an advisory and specialist body% Its chairman is the 1rime <inister% National .evelopment Council is the main body concerned with the actual planning process% Its chairman is also the 1rime <inister% The first leader of the 2pposition was Ram ,ubhag ,ingh* in !#(#% The shortest 3o ,abha span was !) days >!+th 3o ,abha in !##"?% Although the 1arliament can pass impeachment motion against 0udges* their conduct cannot be discussed by it%

There are at present !" -igh Courts in India% Article )47 gives special status to &ammu D 6ashmir% The Indian Constitution was the first of the preceding two centuries which was not imposed by an imperial power* but was made by the people themselves* through representatives in a Constituent Assembly% The 1reamble of the Indian Constitution is not enforceable in a court of law% It states the ob0ects which the Constitution see s to establish% The Indian Constitution endows the &udiciary with power of declaring a law as unconstitutional if it is beyond the competence of the 3egislature according to the distribution of powers provided by the Constitution* or if it is in contravention of the fundamental rights or of any other mandatory provision* e%g% Articles +"(* +##* )7! and )7'%

As part of the integration of various Indian ,tates into the .ominion of India a threeCfold process of integration* nown as the 1atel ,cheme* was implemented: >i? +!( ,tates were merged into the respective 1rovinces* geographically contiguous to them% These merged ,tates were included in the territories of the ,tates in 1art B in the 5irst ,chedule of the Constitution% The process of merger started with the merger of 2rissa and Chattisgarh ,tates with the then province of 2rissa* on &anuary !* !#'"% The last instance was merger of CoochCBehar with Hest Bengal in &anuary !#$7% >ii? (! ,tates were converted into CentrallyCadministered areas and included in 1art C of the 5irst ,chedule% >iii? The third form was consolidation of groups of ,tates into new viable units* nown as 9nion of ,tates% The first 9nion formed was the ,aurashtra 9nion on 5ebruary !$* !#'"% The last one was 9nion of TravancoreCCochin on &uly !* !#'#% As many as +4$ ,tates were integrated into five 9nions/<adhya Bharat* 1atiala and 8ast 1un0ab

,tates 9nion* Ra0asthan* ,aurashtra and TravancoreCCochin% These were included in 1art B of the 5irst ,chedule% Besides* -yderabad* &D6 and <ysore were also included in 1art B% At the time of accession to the .ominion of India* the ,tates had acceded only on three sub0ects >.efence* 5oreign Affairs and Communications?% 3ater* revised Instruments of Accession were signed by which all ,tates acceded in respect of all matters included in 9nion and Concurrent 3ists* eAcept only those relating to taAation% The process of integration culminated in the Constitution >4th AmendC ment? Act* !#$(* which abolished 1art B ,tates as a class and included all the ,tates in 1art A and B in one list%