Indian Polity (We Focus)

We Focus Classes Polity Notes for SSC CGL
Polity and Constitution:
Meaning: Polity means the form of Government in the Country
The 3 organs of the Government are

i) Legislature The Elected Members
ii) Executive The Council of ministers
iii) Judiciary The Law and the court.
What describes the above 3 organs??
It is. The Constitution
Constitution:
Constitution is the Supreme Law of the country or Highest law of the Land.
Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity
It is a body of fundamental principles according to which a state is constituted and governed.

It lays down the basic rules for minimal coordination in the society along with the form of
government, its functions, responsibilities and Limitations Hence Constitution is
fundamental.
Indian Constitutions is the worlds largest written constitution
Indian Constitution is evolutionary and it was adopted by the Constituent Assembly on
26the November, 1949 and Came into full operational with effect from 26th January,
1950.
Evolution of the Indian Constitution:

British in India have laid down some Administrative and Legislative developments in India for
the convenient administration of British India. These became the direct sources for the Indian
Constitution.
i)
Government of India Act,1919:

1) It introduced Bicameralism with direct elections in the country.
Bicameralism: An Upper House (Council of State)
Lower House (Legislative Assembly)
2) It provided the establishment of a public service commission. Hence a public service

commission was setup in 1926 for recruiting civil servants.
Simon Commission: In November 1927, British government appointed a commission Sir
John Simon to review the working of Government of India Act,1919. But the all the
members of the commission are British Hence All Indian parties didnt attend the
commission.
ii)
Government of India Act, 1935:
It provided the basic skeleton of the constitution and it was treated blue print for the
constitution.
It provided for the establishment of an All India Federation consisting of provinces and
princely states as units.
This act divided the legislative powers between the centre and the units
Provided the Office of the governor, Emergency powers etc.
iii)
The Indian Independence Act, 1947:

It officially ended the British rule in India and declared India as an independent
and sovereign state from August 15, 1947.
It provided for the partition of India and creation 2 separate dominions of
Pakistan and India.
The partition plan was given by Lord Mountbatten, Hence the Plan is called
Mount batten Plan. He was first Governor General of the new dominion of India.
Jawaharlal Nehru became the Prime Minister of India.
This act granted freedom to the Indian princely states either to join India or Pakistan to
remain free.
Formation of Constituent Assembly for Making of the Constitution:
Constituent Assembly: It is the group of persons, who work collectively to frame the
constitution of the country.
In 1935 - M N Roy is the person, who gave the Idea of Constituent Assembly (CA) to
frame separate constitution for India.
In 1935 The First Official demand by India National congress for the constituent
Assembly to frame the Constitution of India.
In 1938- Jawaharlal Nehru Declared that the Constitution of India will be framed by
elected constituent Assembly without External Interference.
What British Government Did??
It accepted the declaration in the following ways:
a) August Offer, 1940 The British Government accepted the INC demand in principle.
b) Cripps Plan, 1942- In March, 1942 Sir Stafford Cripps had a proposal to be adopted
after Second World War. But it was rejected by Muslim league, which wanted a separate
state with separate CA.
Finally,
c) Cabinet Mission, 1946:
Consisting of Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A V Alexander. It
rejected the claim for two separate Constituent Assemblies and gave Constituent
Assembly plan with the composition of constituent assembly, which is more or less
accepted by Muslim League.
What Happened Then?
Composition of Constituent Assembly:

As per the scheme formulated by the cabinet mission Plan, The Constituent Assembly was
constituted in November, 1946.
How many members?
Total representatives (seats) were to be 389.
I) Out of these, 296 were allotted to the British India.
93 were allotted to Princely states.
ii) Out of 296 seats allotted to British India, 292 were to be elected from Governor Provinces
and 4 were from Chief Commissioners provinces one from each.
Iii) The 93 representatives of the princely states were nominated by the heads of the princely
states.
Thus the constitution assembly is partly elected and partly nominated body.
Fine, Representation Decided. Who became the members?
The Elections to the Constituent Assembly (296 seats) were held in July-August 1946.
Result of the election: 208 seats won by congress

73 seats won by Muslim League.
15 won by Independent members and other small members.
Note: Mahatma Gandhi and M Ali Jinnah are not the members of the Constituent Assembly.
Questions on the topic discussed in Polity -1:

1) A federal structure for Indian constitution was put forward by the:
a) Act 0f 1909 b) Act of 1919 c) Act of 1935
d) Act of 1947
2) Which of the following exercised the most profound influence in framing the Indian
Constitution?
3)
4)
5)
6)
7)
8)
a) British Constitution b) US constitution c) Irish constitution

d) The Government of India Act, 1935
What was the basis for constituting the Constituent Assembly in India?
a) The Resolution of INC b) The Cabinet Mission Plan, 1946
b) The Indian Independence Act, 1947 d) Simon Commission
What is the reason for the Cripps plan, 1942 to be rejected?
a) It didnt meet the expectation of Indians.
b) The Plan doesnt have Indians in its panel.
c) Muslim League wanted a separate Constituent Assembly
d) J Nehru declared for a new constituent Assembly will be formed by Indians.
Who among the following was not a member of constituent Assembly?
1) Dr Rajendra Prasad
2) K M Munshi 3) M K Gandhi 4) Abdul Kalam Azad
What is the Total number of seats in Constituent Assembly as per the Cabinet Mission
plan and Number of seats won by Muslim League?
a) 296, 73 b) 296, 93 c) 389, 73 d) 389, 93
The Indian partition plan is called as?
a) Cripps plan b) Mountbatten Plan c) Radcliff Plan d) Cabinet Mission Plan
The Supreme Law of the country is
a) Parliament b) Constitution c) Supreme Court
d) President
Thus CA formed and started working:

First Meeting of CA: 09th December, 1946 Muslim League boycotted the meeting insisting
separate state of Pakistan.
Minutes of the meeting on 1st day: Dr. Sachidanda Sinha, The oldest member elected as
temporary president of CA.
Subsequently on 11th December, 1946
Dr Rajendra Prasad elected as permanent president and
H C Mukherjee elected as the Vice president of the CA.
2 days later i.e. on 13th December, 1946 it was big day of CA,
What happened that day?
Jawaharlal Nehru moved historical Objectives Resolution (OR) in the Assembly.
OR laid down the fundamentals and philosophy of the constitutional structure.
It influenced the eventual shaping of the constitution through all its subsequent stages.
Great!!! Then what is in OR??
Objectives of OR:
CA declared India as sovereign republic and it will have a written constitution for her
future governance.
India shall be the union of states consisting of the states of earlier British India and
princely states.
The states will be given autonomous status together with residuary powers except
such powers and functions which are vested in or assigned to the union.
All the power of the state was to be derived from the people.
People are to be guaranteed
a. Social, Economical and Political Justice;
b. Status of Equality and Opportunity before the law.
c. Freedom of thought, Expression, Belief, Faith, Worship, vocation, association and
Action subject to law and public morality.
The Minorities and back ward and Tribal people were to be provided adequate
safeguards.
Nation shall maintain the Integrity and makes it full and willing contribution to the
promotion of world peace and welfare of mankind.
This above resolution was unanimously adopted by the CA on January 22nd, 1947.
CA has adopted the National flag on 22 July, 1947.
Later, we know that on 14th August, 1947 Undivided India is partitioned and India got
independence on 15th August, 1947 by The Indian Independence Act of 1947.
With This, Can you think of any changes to CA?
Yes. There are
1) The Muslim League hailing from the Areas included in Pakistan withdrew from CA from
India. So, Strength of CA reduced to 299 from 389.
Out of 299- 229 are from Indian Provinces (Formerly British and they were 296)
70 are from princely states (Formerly it was 93)
2) Now, CA is not under the influence of Cabinet Mission, it is fully sovereign body.
Importantly
3) The Assembly also became a Legislative body thus The CA became the first Parliament of
India (Dominion Legislature) it performed two separate functions. I.e. Making
constitution for free India and enacting the ordinary laws for the country.
On 17th November, 1947 for first time, CA met as Parliament and elected GV Mavlanker as its
speaker.
How Two functions of CA are differentiated?
Thats Simple.!!!!!
From then,
If CA is met and chaired by Dr. Rajendra Prasad then it as Constituent body for preparation of
Constitution.
If CA is met and chaired by GV Mavlanker, Then it as a Parliament for enacting the ordinary
laws.
Questions on the topic discussed in Polity -2

1) The Basis for the preamble of Indian constitution?
a. India Independence Act, 1947
c. The Cabinet Mission Plan, 1942
2)
3)
4)
5)
b. Objectives resolution
d. US Constitution
The historical Objective Resolution was moved and adopted in constituent Assembly on
1) 13th Dec, 1946 and 22nd Dec, 1946
2) 11th Dec, 1946 and 22nd Dec, 1946
3) 13th Dec, 1946 and 22nd Jan, 1947
4) 11th Dec, 1946 and 22nd Jan, 1947
The Indian National flag was adopted on
a) 15th August, 1947
b) 22nd July, 1947
b) 26th November, 1949 d) 26th January, 1950.
The First Acting President of the Constituent assembly of India
1) Dr B Rajendra Prasad 2) HC Mukherjee 3) Dr Sachidanda Sinha
4)
Jawaharlal Nehru
The first speaker of the Constituent Assembly?
1) HC Mukherjee
3) Dr Sachidanda Sinha
2) Jawaharlal Nehru
4) G V Mavlanker.
But did all the members of the Constitution worked on the task of making a constitution??? How
did they manage not to mess up by the duplication of Work?
No, all were not working on the same work. Constitution makers were clever enough and they
opted for division of work by forming the committees.
What are they? There are several committees; we list out here most important committees
here.
Committee
Rules and Procedures
Committee
Steering Committee
Finance and Staff committee
Union Powers committee
Union Constitution
Committee
States Committee
Provincial Constitution
committee
Drafting Committee
Advisory Committee on
Fundamental Rights,
Minorities and Tribal and
Excluded Areas
Fundamental Rights
subcommittee
Chairmen
Dr Rajendra Prasad
Dr Rajendra Prasad
Dr Rajendra Prasad
Jawaharlal Nehru
Jawaharlal Nehru
Jawaharlal Nehru
Sardar Patel
Dr B R Ambedkar
Sardar Patel
J B Kriplani
Among all the most important is

Drafting Committee:
It was set up on 24th August, 1947.

This committee was entrusted with the task of preparation of draft of the new
constitution.
It consisted of 7 members and Dr B R Ambedkar was the chairmen of the committee.
When the Draft Completed?:
First draft published in February, 1948 and people of India were given 8 months to
discuss the draft and propose the amendment.
Second draft in October, 1948.
Final draft of the Constitution was presented to the Constitution Assembly on November
4th, 1948.
Is the Draft Directly Accepted?
No, It was first discussed, amended where it required and finally adopted.
First reading: for 5 days from 04th November, 1948 to 9th November, 1948.
Second reading: from 15th November, 1948 to 17th October, 1949. During this stage as many
as 7653 amendments were proposed and 2473 were actually discussed in Assembly.
Third and final reading: 14th November 1949 to 26th November 1949.
On 14th November 1949 Dr Br Ambedkar moved the motion to pass the constitution and
it was passed on 26th Nov, 1949 and received the signatures of all the 284 members
present in the assembly and the president.
Thus the constitution was adopted and enacted on November 26, 1949 and it has 395
articles and 8 schedules and preamble was enacted by the CA after the constitution was
already enacted.
Here the Man of the moment was Dr B R Ambedkar and is called Father of Constitution of
India, Chief Architect of constitution of India and also the Modern Manu.
The Entire Constitution Came into Effect on 26/11/1949?

Only some provisions of constitution pertaining to citizenship, elections, provisional
parliament, temporary and transitional provisions and short title came in to force on 26th
November, 1949 and the entire constitution came into force on 26th January, 1950 and 26th
January is celebrated as Republic day. Prior to this 26th January used to be celebrated as
Purna Swaraj day.
Some Important Tasks by CA:
CA has adopted the National anthem( Jana Gana Mana) and The National song
(Vande Mataram) on 24th January, 1950
It Elected the Dr Rajendra Prasad as first president of India on 24th January, 1950
Some Facts about the CA:
1) The total time taken by for making the constitution is 2 years 11 months and 18 days.
(from 9th December , 1946 to 26th November, 1949)
2) The Total Expenditure incurred is Rs. 64 lakhs.
3) Constitution makers have gone through the constitutions of about 60 countries to prepare
our constitution.
Sources of Constitution:
Source
British Constitution
US constitution
Irish Constitution
Canadian Constitution
Contents borrowed
i). Parliamentary government
ii. Cabinet System and Parliamentary
Privileges
iii. Rule of Law
iv. Bicameralism
v. Single citizenship
a) Fundamental rights
b) Judicial Review and Independent
Judiciary
c) Impeachment of the president
d) Removal of Supreme court and High
Court judges
a) DPSP,
b) Nomination of Rajya Sabha Member
c) Method of election of President
a)Federation with strong centre,
Australian Constitution
German Constitution
Soviet Union Constitution(Russia)
South Africa Constitution
French constitution
Japanese Constitution
b) Central residuary powers

c) Appointment of state governors by centre
a) Concurrent List
b) Freedom of Trade
c) Joint Sitting of Parliament
Emergency provisions
Fundamental Duties
a) Amendment Procedure
b) Election of members of Rajya Sabha
Republic and ideals of Liberty, Equality and
fraternity in the preamble.
Procedure established by Law
Questions on the topic discussed in Polity -3

1) How does the constitution of India Described the India as?
a) A federation of States and Union Territories
b) A Union of States c) Bharatvarsh d) A Federal Nation
2) From which constitution of the world, The Indian constitution has adopted the concept
of Directive Principles of State Policy?
a) Ireland b) USA
c) Canada d) Australia
3) From which countries Constitution, The provision of Federation was borrowed while
framing the Constitution of India?
1) USA
2) UK
3) Canada
4) Switzerland
4) The drafting committee of the Constitution is headed by
1) Dr B R Ambedkar 2) Dr Rajendra Prasad 3) Sardar Patel
4)Jawaharlal Nehru
5) Which of the following is a feature of both the Indian federation and American
Federation?
1) Single citizenship 2) Dual judiciary 3) Concurrent List 4) Judicial review
6) National Anthem was adopted on
1) 24th Jan, 1950
2) 22nd Jan, 1950
3) 26th Jan, 1950
4) 26th Nov, 1949
7) The drafting of the constitution was completed on
1) 24th Jan, 1950 2) 22nd Jan, 1950
3) 26th Jan, 1950
4) 26th Nov, 1949
8) Who was the president of the constituent Assembly?
1) Pt J Nehru 2) Sardar Patel 3) Dr B R Rajendra Prasad 4) Dr B R Ambedkar
Structure of Indian Constitution:
Indian Constitution is a living document and when adopted and enacted on 26th
November, 1949- Indian constitution had 395 articles in 22 parts and 8 schedules along
with Preamble.
With the wisdom and foresight of the makers of the Constitution that they presented to the
nation a document that enshrined fundamental values and highest aspirations shared by
the people. They presented us a constitution, which is liberal, democratic, egalitarian,
secular, and federal, open to community values, sensitive to the needs of religious and
linguistic minorities as well as historically disadvantaged groups, and committed to
building a common national identity thus the Constituent makers accommodated the
aspirations of the people of India for a long time to come.
Indias Constitution is a unique document which in turn became an exemplar for many
other constitutions, most notably South Africa.
Currently, the constitution of India has nearly about 465 articles in 25 parts and 12
schedules.
Does it mean Article Number 396, 397 and Part Number 23, 24 Exist?
In the book of constitution the articles and parts are numbered as 395 and 22 only. The
new articles and Parts were inserted where it required and the recent added article by the
constitutional amendment are numbered as 51A, 243 A, 243B etc. and the parts are
numbered as IX-A, IX-B, etc but basic skeleton of 395 articles and 22 parts remained the
same.
Not yet understood??
Have a glance at the parts of the Constitution of India.!!
Parts
Subject Covered
I
II
III
IV
IV A
V
The Union and its Territory

Citizenship
Fundamental Rights(FRs)
Directive Principles of State Policy(DPSP)
Fundamental Duties
The Union Government
Chapter I The Executive
Chapter II Parliament
Chapter III Legislative powers of President
Chapter IV The Union Judiciary
Chapter V - Comptroller and Auditor General of India
The State Government
Chapter I General
Chapter II- The Executive
Chapter III The State Legislature
Chapter IV Legislative Powers of Governor
Chapter V The High Courts
Chapter VI Subordinate Courts
Dealt with states in Part B
The Union Territories
VI
VII
VIII
Articles
Covered
1 to 4
5 to 11
12 to 35
36 to 51
51 A
52 to 151
52 to 78
79 to 122
123
124 to 147
148 to 151
152 to 237
152
153 to 167
168 to 212
213
214 to 232
233 to 237
238
239 to 242
IX
IXA
The Panchayats
The Municipalities
243 to 243O
243P
243ZG
IXB
The Cooperative Societies
243ZH
243ZT
X
The Scheduled and Tribal Areas
244 to 244A
XI
Relations between the Union and the States
245 to 263
Chapter I Legislative relations
245 to 255
Chapter II- Administrative Relations
255 to 263
XII
Finance, Property, Contracts and Suits
264 to 300A
XIII
Trade, Commerce and Intercourse with in territory 301 to 307
of India
XIV
Services under the state and the Union
308 to 323
Chapter I Services
308 to 314
Chapter II Public Service Commission
315 to 323
XIV-A Tribunals
323A to 323B
XV
Election
324 to 329A
XVI
Special Provision relating to certain classes
330 to 342
XVII
Official Language
343 to 351
XVIII Emergency Provisions
352 to 360
XIX
Miscellaneous
361 to 367
XX
Amendment to the Constitution
368
XXI
Temporary, Transitional and Special provisions
369 to 392
XXII
Short Title, Commencement, Authoritative Text in 393 to 395
Hindi and Repeals
Special Features of the Indian constitution:
1) Indian Constitution is the lengthiest written constitution in the world:

Indian constitution had 395 articles in 22 parts and 8 schedules along with
Preamble.
Factors contributed to the size:
1) Geographical factors such as vastness of the country
2) Historical factors such as Influence of Government of India Act,1935, which was
lengthy
3) Single Constitution for both state and centre unlike USA, where every state has
its own constitution.
2) It was drawn from various sources: Indian Constitution is drawn almost from
constitutions of 60 countries.
3) Under the constitution the people of India are the ultimate sovereign.
4) It opted for British parliamentary form of government rather than American presidential
system of government.
Features of Parliamentary form of Government:
I. Presence of Nominal and Real Executive
II. Majority Party rule and Leadership of the Prime minister
III. Membership of the ministers in the legislature

IV. Collective responsibility of the executive to the legislative
5) The Constitution is neither rigid nor flexible
6) The Indian Constitution is said to be Federal in form but unitary in spirit, i.e
Quasi federal by KC Wheare.
In federation, there will be the centre and the state with equal powers and with mutual
cooperation, written constitution etc. Indian constitution has many features of federation
but it also non federation features such as Strong Centre and Single Citizenship Etc.
*Nowhere in the Indian constitution, the term federation was mentioned.
7) It guaranteed Fundamental Rights to the citizens of India, which are against the
legislature and limits the arbitrary powers and laws of the executive.
8) It also enumerated Directive principles of state policy to secure a truly welfare state and
it is the duty of the State to apply DPSP in making the laws.
9) The Constitution established an Independent Judiciary and also the concept of Judicial
review
10)
It also has the provision for proclamation of Emergency and during the period of
Emergency the state becomes unitary.
11)
The Constitution has provisions for establishment of Secular State, Regardless of
their religious beliefs; all the citizens enjoy equal rights.
Preamble of the constitution:

India followed American constitution to begin the constitution with preamble.
The preamble was based on the Objective resolution passed by the Constituent Assembly.
The Preamble in its present form:
We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
A SOVEREIGN *SOCIALIST SECULAR DEMOCARTIC REPUBLIC and to secure to all its
citizens:
JUSTICE, Social, Economic and Political
LIBERTY of thought, Expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;

FRATERNITY assuring the dignity of the Individual and the unity *and integrity of the Nation;
In Our Constituent Assembly this 26th day of November, 1949 do HERE by ADOPT, ENACT
AND GIVE OURSELVES THIS CONSTITUTION.
*42nd Amendment in 1976
Important Points from the preamble:
It is the precious part of the constitution. It also treated as Soul of the constitution and
key to the minds of the constituent makers. The Preamble embodies the basic philosophy
and fundamental values Political, Moral and religious on which the constitution is
based.
From the preamble, it is very clear that the Constitution derives authority from the
people of India.
It declares India to be of a
Sovereign
: Means India is free and not dependant or not part of any other
country
Secular
: All Religions in the country have the same status- and State
Doesnt represent any Religion.
Democratic
: Representatives elected by the people will rule the

And
country.
Republican
: India has and directly elected or indirectly elected Head called

president for a period of 5 years.
It specifies the Justice, Liberty, Equality and Fraternity as the objectives.
Justice:
a) Social Justice: Equal treatment of all citizens with any social distinction based
on the caste, colour, race, sex and so on.
b) Economic Justice: Non discrimination between people on the basis of economic
factors.
c) Political Justice: That means all the citizens should have equal political rights,
equal access to all political offices and equal voice in the government.
Liberty:
Absence of restraints on the activities and providing equal opportunities for the
development of Individual personalities.
Preamble secures all its citizens Liberty of thought, Expression, belief, faith and
worship through their Fundamental rights;
Equality: All citizens of India are treated equally without any special privileges to
any section of the society.
Preamble secures all its citizens of India equality of status and opportunity through
their Fundamental rights and Directive Principles of State Policy;
Fraternity: means sense of brotherhood

Preamble secures Fraternity among all its citizens of India through their
Fundamental Duties and System of Single citizenship.
Preamble is used to interpret the constitution
Supreme Court in the famous Berubari Union (1960) case said Preamble is not part of
the constitution and reversed its opinion and In Kesavananda Barati Case (1973) it
declared that the Preamble is part of the constitution.
In the same kesavananda Barati case, The Supreme Court Held that, Preamble can be
amended but Basic elements or the fundamental features of the constitution of the
Preamble cannot be altered.
Preamble was amended in 1976, by the 42nd constitutional Amendment Act and added 3
words SOCIALIST, SECULAR and Integrity it was first and last time to amend the
preamble.
Previous year Questions from Polity -4 and Polity- 5 classes

1) India is considered as republic mainly because?

a. The Head of the state is elected
b. It gained independence on 15th August, 1947
c. It has its own written constitution
d. It has parliamentary form of government.
2) What was the exact constitutional position of the Indian republic, when the constitution
was brought into force with effect from 26th January, 1950?
a. A democratic Republic
b. A Sovereign Democratic Republic.
c. A Sovereign Secular Democratic and Republic
d. A Sovereign Secular Socialist Democratic Republic
3) Preamble of the Indian constitution was for the first time amended by
a. 24th Amendment b. 42 Amendment c. 44th Amendment
d. 46th Amendment
4) Division of powers is the principle of
a) Unitary form of Government b)Federal Form of Government c) Socialist form of
Government d)Republican form of Government
5) The constitution of India describes India as
a) A Union of states b) Quasi federal
c) A federation of state and Union
territories d) A unitary States
6) The Preamble to our constitution makes no mention of
a) Justice b) Fraternity
c) Equality of Status d) Adult Franchise
7) India is a secular state because in our country
a) State has no religion b) Religion has been abolished
C) State patronizes a particular religion d) none of these
PART -1(Articles 1-4): UNION AND ITS TERRITORY
Article 1 describes India, that is Bharat, shall be a Union of States.

What we can understand is that India is not the Federation of states because states are not
united by an agreement and they dont have right to secede from federation.
The territory of India shall comprise
(a) The territories of the States;
(b) The Union territories specified in the First Schedule;
(c) Such other territories as may be acquired by government of India at any time.
The names of the States and the territories thereof shall be as specified in the First
Schedule
At present there are 29 states and 7 UTs
Note: The provisions of the constitution pertaining to the states are applicable to all states
except Jammu and Kashmir
Why there are two terms Territory of India and Union of India?
o Territory of India refers to a wider set including present states, union territories
and regions which may be acquired at a later point. Current States
o Union refers only states.
Article 2 - Empowers the Parliament to admit into the Union, or establish, new States on
such terms and conditions as it thinks fit.
Article 3 authorizes the Parliament to
(a) Form a new State by separation of territory from any State or by uniting two or
more States or Parts of States or by uniting any territory to a part of any State
(b) Increase the area of any State (c) Diminish the area of any State
(d) Alter the boundaries of any State (e) Alter the name of any State
Article 2 and Article 3 looks same??
No, Article 2 talks about states which are not in existence
Article 3 talks about the existing states and its changes,
Article 4: Provides that bills under article 2 and 3 are not to be considered as constitutional
amendment bills
It implies to form a new state under article 3; a simple majority is enough and no need of
special majority.
Evolution of states:
At the time, when constitution was adopted in 1950 India had a fourfold classification of the
states they are
PART A- 9 Governor provinces of British India
PART B- 9 Princely state with legislature
PART C- 4 Chief Commissioner provinces and 6 some princely states.
PART D- 1 Andaman Nicobar islands
But there has been for a separate state for Telugu speaking people from the beginning.
Then What Government did?
Dhr Committee in June, 1948: Chairmen S K Dhr to examine the creation of states
on the basis of language.
Report: Submitted in December, 1948 and recommended the formation of state only on the
basis of administrative convenience rather than on the basis of language.
J V P Committee started in Dec, 1948: Jawaharlal Nehru, Vallahbhai Patel and
Pattabi sitaramaiah
Report: In April, 1950 Rejected language as basis.
However, in October, 1953 Government was forced to create a Separate Telugu speaking
people i.e. Andhra State was created.
These lead too many separate demands.
What Government Did?

Fazl Ali Commission: in December 1953 under the chairmanship of Fazl Ali to
reexamine the whole issue of formation of New states.
This Commission also called States Re organization Commission(SRC).
Submitted its report in September 1955 and broadly accepted the language as the basis and
recommended for creation of 16 states and 3centrally administered territories.
What Happened?
Government accepted the suggestions but with minor changes and constitution was amended.
i.e. 7th Constitution Amendment. PART C states were abolished.
As a result 14 states and 6 UT were created on November 1, 1956.
Now, we have 29 states, 7 UT and Delhi (National Capital Territory of India)
PART II (Article 5-11) CITIZENSHIP

Citizens are full members to Indian state. They enjoy civil and political rights Such as
Right to vote, Right to contest for the membership of the parliament or state legislature
and also Eligible to hold certain offices.
Article 5: Deals with citizenship of persons residing in India at the time of commencement of
constitution. Acc to this a person is a citizen if
i)
ii)
iii)
He was born in India or

If either of his parents were born in India
He has been a resident of India for a minimum of 5 years immediately before
the commencement of constitution of India i.e. He must have been in India
form or before 26/11/1945
Article 6: deals with citizenship of a person, who migrated from Pakistan to India
Article 7: Deals with citizenship of persons who migrated to Pakistan and returned back to
India as permanent settler. Persons who were residents of Pakistan but migrated to and have
been residing in India for at least 6 months before the commencement of constitution.
Article 8: deals with rights of overseas citizens who want to acquire Indian citizenship.
Article 9: Suspension of citizenship of a person, when he acquires the citizen ship of another
country.
Article 10: continuation of rights of a citizen. I.e. any person who is or is deemed to be a
citizen of India shall continue to be such citizen subject to provision of law.
Article 11: parliament power to alter the provision of citizenship.
That Implies, at the commencement of the Constitution, Citizenship of India was conferred
upon the below mentioned people:1. Persons who are born in India and domiciled in India.
2. Persons who are not born in India but domiciled in India and have been staying in India for
a period of at least 5 years.
3. Persons who are domiciled in India but not born in India but either of their parents were
born in India.
4. Persons who are resident in India but they migrated to Pakistan after 1st March 1947 but
later returned on resettlement permit.
5. Persons who reside outside India but either of parents or grandparents were born in India.
Citizenship Act, 1955 (amended in 1986, 1992, 2003 and 2005) The Act provides for
acquisition of Indian Citizenship after the commencement of Constitution in five ways
1. By Birth - Any person born in India, on or after 26 January 1950 but before the
commencement of the 1986 Act on 1 July 1987 is a citizen of India by birth.
Note: The restriction of date to 01/07/1987 was done by amendment to citizenship act
in 1986.
2. By Descent - Persons born outside India on or after 26 January 1950 will be considered
as citizen of India if at the time of their birth either of the parents are citizens of India
and the parents get the birth registered with the Indian Consulate within 1 year of birth.
Note: Prior to 1992, the children of only male Indian are considered but by amendment
to citizenship act in 1992 the female Indian children are also considered.
3. Citizenship by Registration Any Person who is not a citizen of India can apply for apply for
registration as a citizen if he satisfies certain criteria mentioned in the Constitution.
Applicable basically for PIOs and OCI.
4. Citizenship by Naturalization - Citizenship of India by naturalization can be acquired by a
foreigner who has resided in India continuously for a period of 1 year and prior to this 1 year
in the past 14 years the person should have stayed in India for at least 11 years. Also person
should not be a citizen of a country which does not allow Indians to become its citizens by
Naturalization and person should renounce citizenship of parent country.
5. Citizenship by Incorporation of territory If any new territory becomes a part of India, the
Government of India shall notify the persons of that territory to be citizens of India.
Loss of Citizenship
1. Renunciation of Indian citizenship - a voluntary act by which a person holding an Indian
citizenship gives it up.
2. Termination If an Indian citizen voluntarily accepts the citizenship of another country his
Indian citizenship stands terminated.
3. Deprivation - If a Indian citizen has obtained his citizenship by fraud, or if he has been
disloyal to India, or has been residing outside India for seven years continuously, or if he has
unlawfully traded or communicated with the enemy during war, or if has been imprisoned
within 5 years in any country for a period 2 years after becoming a citizen of India either by
naturalization or registration.
NRI, Persons of India Origin and Oversea Citizen of India

NRI: NRI is a person, who is away from the country for a period of 180days.
Persons of Indian Origin (PIO) Card holder since 19-08-2002:
Any person 1
1) Who at any time held an Indian Pass port or
2) He or Either of his parents or Grandparents or great grand Parents was born in India or
permanently resident of India or
3) He is a spouse of a citizen of India or a person of Indian origin
PIO of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Srilanka are not
eligible for card
Benefits: 1) No visa required to visit India for a period of 15 years from issue of PIO card.
2) Can stay in India with any registration with police for period of continuous 180 days.
If exceeds 180 days then he has to register with police.
3) No political rights such as
PIO can become Indian citizen if stays for 7 years continuously.
Dual citizenship: To create the sense of belongingness to the nation, concept of dual
citizenship it doesnt mean person will have citizenship of two countries but he will be given
OCI card.
Dual citizenship act, 2003 commenced from 09/01/2003. Hence 09/01 of every year
celebrated as Pravas Baratiya Divas and benefit was given to 16 countries namely
Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, Netherland, New Zealand,
Portugal, Republic of Cyprus, Sweden, Switzerland, UK and USA.
Oversea Citizen of India (OCI) (since 02-12-2005)

Who is OCI?
1) Person who is eligible to become citizen of India on 26-01-1950 or
2) Was a citizen of India at any time on after 26-01-1950 or
3) Belonged to territory of India after15-08-1947
If he had ever been citizen of Pakistan or Bangladesh, he is not eligible for OCI
Benefits:
1) Can visit India at any time without visa. Multiple Entry
2) No need to register in Police station
3) No political rights
4) He is eligible for Indian citizenship 5 after registration as OCI provided he stays in
India for 1 year.
Note: From 09/01/2015 PIO are merged with OCI cards in india.
Part III - Fundamental Rights:(Art12 Art 32)

Concept of Fundamental Rights borrowed from Constitution of USA(Bill of Rights)

These are not absolute but qualified. State can impose certain reasonable restriction to
protect the public order.
These are against the against the arbitrary action of the state. i.e it places limitations on
the authority of the states.
These are justiciable and are defended and guaranteed by the court.
As these laws are guaranteed and protected by constitution- this is fundamental law of
the land. Hence this is called fundamental rights.
Article 12 describes the state concerning the FRs:
It is a) Union Government
b) State Government
c) Local Governments municipalities, Panchayats, district boards
d) All other authorities such as statutory and No statutory
Article 13 declares that the all the laws that are inconsistent with or in derogation of any FR
is void. That is it provides the doctrine of Judicial Review.
Right to Equality (Art 14 Art 17):
Article 14 : It guarantees to all the persons(Citizens as well as others)equality before law
and equal protection of laws
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth equal access to shops, hotels, wells, tanks, bathing ghats, roads etc.
Article 16: Equality of opportunity in public employment
Article 17: Abolition of Untouchability

Article 18: Abolition of titles
Right to Freedom (Art 19- Art 22)
Article 19: Protection of Right to

i.
freedom of speech and expression;
ii.
assemble peacefully;
iii. form associations/unions;
iv. move freely throughout the territory of India;
v.
reside and settle in any part of India;
vi. Practice any profession, or to carry on any occupation, trade or business.
Article 20: Protection in respect of conviction for offences

o No Ex post facto Law: No person shall be convicted of any offence except for
violation of law that is in force
o No Double Jeopardy: No person shall be punished morethan once for same
offence.
o No Self Incrimination: No punishment on any offence by self witness
Article 21 : Right to life and personal liberty No person should be deprived of his life or
personal liberty
Supreme Court has declared the following right as part of Article 21:
(a) right to live with human dignity
(b) right to decent environment including pollution free water and air and protection
against hazardous industries.
(c) right to livelihood.
(d) right to privacy.

(e) right to shelter.
(f) right to health.
(g) right to free education up to 14 years of age.
(h) right to free legal aid.
(i) right against solitary confinement.
(j) right to speedy trial
(k) right against handcuffing.
(l) right against inhuman treatment.
(m) right against delayed execution.
(n) right to travel abroad.
(o) right against bonded labour.
(p) right against custodial harassment.
(q) right to emergency medical aid.
(r) right to timely medical treatment in government hospital.
(s) right not to be driven out of a state.
(t) right to fair trial.
(u) right to prisoner to have necessities of life.
(v) right to woman to be treated with decency and dignity.
(w) right against public hanging.
(x) right to hearing.
(y) right to information.
(z) right to reputation.
Article 21A: Right to education for children of the age of 6 to 14 years. (86th Amendment
Act, 2002)
Article 22: Protection against arbitrary arrest and detention in certain cases
Right against Exploitation
Article 23: Prohibition of traffic in human beings and forced labour
Article 24: Prohibition of employment of children in hazardous jobs (Employment of
Children below age of 14 in any hazardous activities like construction works, Mines and
railways etc.
Right to Freedom of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of
religion
Article 26: Freedom to manage religious affairs and Establish and maintain Institutions
for religious and charitable purposes etc
Article 27: Freedom to pay taxes for promotion of any particular religion
Article 28: Freedom to attend religious instruction or worship in certain educational
institutions- No religious instructions shall be provided in any educational institution
wholly owned by the state.
Cultural and Educational Rights
Article 29: Protection of language, culture of minorities i.e. any section of citizens of
India have the right to conserve their own language, script and the cuture. Further,
only on the religion, race, Caste or language, No citizen shall be denied admission into
any educational institution maintained by the state or receiving aid out of the state
funds.
Article 30 : Right of minorities to establish educational institutions
Right to Constitutional Remedies
Article 32: Right to move the courts to issue directions/orders/writs for enforcement of
rights
Dr. Ambedkar considered the right to constitutional remedies as heart and soul of the
constitution. It is so because this right gives a citizen the right to approach a High Court or
the Supreme Court to get any of the fundamental rights restored in case of their violation. The
Supreme Court and the High Courts can issue orders and give directives to the government
for the enforcement of rights. The courts can issue various special orders known as writs.
Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person
should be presented before it. It can also order to set free an arrested person if the manner or
grounds of arrest are not lawful or satisfactory.
Mandamus: This writ is issued when the court finds that a particular office holder is not
doing legal duty and thereby is infringing on the right of an individual.
Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a
lower court has considered a case going beyond its jurisdiction.
Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that
office, it issues the writ of quo warranto and restricts that person from acting as an office
holder.
Certiorari: Under this writ, the court orders a lower court or another authority to transfer a
matter pending before it to the higher authority or court.
Directive Principles of State Policy

The Directive Principles are contained in Part IV of the Constitution. They aim at
providing the social and economic base of a genuine democracy.
Constitution Makers borrowed this from Irish constitution and resemble Instrument of
Instructions enumerated in Government of India Act, 1935.
Dr. B R Ambedkar said are Novel Features of the constitution
Granville Austin has described DPSP and the FRS as the Conscience of the
constitution.
Features of the DPSP:
These direct the state and every one of its agencies to follow certain fundamental
Principles while framing policies
These principles are assurance to the people on one hand as to what they can expect
from the state and direct the state and central govt to establish and maintain a Social
Order.
These are not justiciable means these are not enforced by the courts but the constitution
says these are fundamental in the governance of a country and it shall be the duty of the
state to apply these principles in making laws and these helps Supreme Court in
determining the constitutional validity of a law.
Thus DPSP impose moral obligation on the state authorities for their application, but
real force behind them is political i.e. public opinion.
You may get some idea of the vision of makers of our Constitution by looking at some of the
Directive Principles shown below.
Glimpse of Articles Related to DPSP:
Article
DPSP
Classification
No
36
Definition of state State is same as that

of Article 12 in FR
37
Application of principles in this part

i.
Application of DPSP shall be

the
responsibility
of
the
state
ii.
38
DPSP are non justiciable
To promote the welfare of the people by Socialistic

securing a social order
39
Certain principles to be followed by state

i.
Right
of
adequate
means
of
distribution
of
concentration
of
Socialistic
livelihood
ii.
The
equitable
material sources
iii.
Prevention
of
Wealth
iv.
Equal Pay for Equal work for Men
and Women
v.
Opportunities
for
healthy
development of children
39A
To promote the equal justice and to Socialistic

provide free legal aid to the poor.
40
To
Organize
village
Panchayats
and Gandhian
making necessary provision to them to

function as units of self government.
41
Right to work, to education and to public Socialistic

assistance in certain cases
42
Provision for just and humane conditions Gandhian

of work and maternity relief
43
Living wage etc for workers and decent Social

standard of life and social and cultural
opportunities for all
Gandhian
The promotion of cottage industries and

cooperatives in rural areas
43A
To take steps to secure participation of
Liberal
workers in the management of industries

43B
Promotion of Cooperative Societies
Gandhian
*44
A uniform civil code for the country
Liberal
45
Provision of early child hood care and Liberal

education to children below the age of six
years
46
The
promotion
of
educational
and Gandhian
economic interests of weaker SCs, STs

and other weaker sections of society
47
The prohibition of intoxicating drugs and

drinks Duty of the state to raise the Gandhian
level of Nutrition and standard of living
48
Organization of agriculture and animal Liberal

husbandry along scientific lines
48A
Safeguarding the forests , wildlife of the Liberal

country
there
by
protecting
and
improving the environment

49
Protecting monuments and
places of
artistic or historical importance which are Liberal

to
be
declared
to
be
of
National
Importance
50
Separation of the judiciary and executive
Liberal
51
promote International peace and security
Liberal
The governments from time to time tried to give effect to some Directive Principles of State
Policy. They passed several zamindari abolition bills, nationalized banks, enacted numerous
factory laws, fixed minimum wages, cottage and small industries were promoted and
provisions for reservation for the uplift of the scheduled castes and scheduled tribes were
made and also Directive Principles include the right to education, formation of panchayati raj
institutions all over the country, partial right to work under employment guarantee program
and the mid-day meal scheme etc.
Are they are same from the beginning:
The 42nd Amendment Act, 1976 added 4 new DPSP to the original list
1. To secure Opportunities for healthy development of Children(Art 39)
2. To promote the equal justice and to provide free legal aid to the poor(Art 39A).
3. To take steps to secure participation of workers in the management of industries(Art

43A)
4. Safeguarding the forests , wildlife of the country there by protecting and improving the
environment(Art 48A)
The 44th Amendment Act, 1978 added one more DPSP
1. State to minimize the inequalities in income, status, facilities and opportunities.
The 86th Amendment Act, 2002 changed the subject matter of Article 45 to Child care
and Education for all children until they complete the age of 6 years.
97th Amendment Act, 2011 added Promotion of Cooperative Societies.
Important Directive Principles

Broadly speaking, there are three types of Directive Principles aimed at providing social and
economic justice and ushering in a welfare state.
Note: Constitution didnt classify them but based on the content we classify them as below
1.
Socio Economic Principles: They require the State:

DPSP under Articles 39:
(a) to provide adequate means of livelihood to all citizens;

(b) to prevent concentration of wealth and means of production and ensure equitable
distribution of wealth and material resources;
(c) to secure equal pay for equal work of men as well as women;
(d) to ensure a decent standard of living and leisure for all workers;
(e) to provide necessary opportunities and facilities to children and youth to prevent their
exploitation; and
Article 39A: to promote equal justice and to provide free legal aid to the poor.
Article 41: to make efforts to secure the right to work, education and public assistance
in case of unemployment, sickness, old age etc.
2.
Gandhian Principles: These are based on the Gandhian Ideology. These include.
(a) The establishment of village Panchayats to function as units of self government
(Article 40);
(b) The promotion of cottage industries and cooperatives in rural areas (Article 43);
(b) The promotion of educational and economic interests of weaker SCs, STs and other
weaker sections of society (Article 46);
(d) The prohibition of intoxicating drugs and drinks (Article 47);
And
(e) Prevention of the slaughter of cows, calves and other milch cattle etc (Article 48).
3.
Liberal Principles: The principles are based on liberal thinking and emphasize the need
for;
(a) A uniform civil code for the country (Article 44);
(b) Provision of early child hood care and education to children below the age of six
years. (Article45) (86th Amendment Act, 2002)
Note: in original it was Free and compulsory education for all children up to the age
of 14 years. Right of children between 6years to 14 years is included under FR
Article 21A)
(c) Organization of agriculture and animal husbandry along scientific lines (Article 48);
(d) Safeguarding the forests, wildlife of the country there by protecting and improving the
environment (Article 48A)
(e) Protecting monuments and places of artistic or historical importance which are to be
declared to be of National Importance (Article 49).
(f) Separation of the judiciary and executive (Article 50);
(g) To maintain just and honorable relation between states and promote International
peace and security (Article 51).
(g) Securing the participation of workers in the management of industries (43A);
The real significance of the directive principles lies in the fact that they intend to provide
social and economic democracy in the country without which political democracy is a
farce.
Difference between Fundamental Rights and Directive Principles
Fundamental rights constitute limitations upon State action i.e. these are negatives,
while the Directive Principles are instruments of instruction to the Government i.e. these
are positives.
The directive requires to be implemented by legislation whole fundamental rights are

already provided in the Constitution.
The Directives are not enforceable in the Courts and do not create any Justiciable rights
in favor of the individuals, what the Fundamental Rights are enforceable by the Courts.
In case of any conflict between fundamental rights and directive principles the former
should prevail in the Courts.
Fundamental rights have Legal sanctions where as DPSP have moral and political
sanctions
FRs promote welfare of Individual, Hence they are Personal and individualistic in nature.
DPSP promote the welfare of the community hence they are societarian and socialistic
PART IV A - FUNDAMENTAL DUTIES (Article 51a Article 51k)

Fundamental Duties are the duties to be followed by the citizens of India.
Source: USSR Constitution
Original Constitution provided FRs and DPSP but not Fundamental duties.
During the emergency period(1975-1977), Government felt the need of these
Fundamental duties and formed a committee chaired by Swaran Singh
For the first time, ten fundamental duties have been enumerated in the constitution with
the 42nd amendment act of 1976. These have been provided in part (IV) A, Article 51A,
and are as under:
Features:
1. These are moral duties and civic duties of the citizens
2. They refer to the values enriched in Indian tradition, Mythology, Religions and
Practice.
3. These are extended to citizens of India only
4. These are nonjustiable but parliament is free to make laws for their enforcement
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 National struggle for freedom.
b. To cherish and follow the noble ideas which inspired our 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, to
renounce practices derogatory to the dignity of women.
f. To value and preserve the rich heritage of our 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 the 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.
k. Who is a parent or guardian to provide opportunities for education to his child or, as the
case may be, ward between the age of six and fourteen years.
The last fundamental Duty [Article 51A (k)] was added through the 86th Constitutional
Amendment Act, 2002.
What we can interpret?

These are warning against the anti national and antisocial activities like burning
national flag, destroying public property etc.
These are reminding us the duties we owe to the country, the society
And to the fellow citizens
These serve a source of inspiration to us and promote a sense of discipline and

commitment among them.
Schedules in constitution
What is Schedule?
Schedules are lists in the Constitution that categorizes and tabulates bureaucratic activity
and policy of the Government. Our constitution had 8 Schedules originally.
The First Amendment Act added the 9th schedule in the constitution.
35th Amendment Act added the 10th schedule in the constitution in 1974 regarding the
associate Status of the Sikkim.
Later 36th amendment act admitted Sikkim as state of India.
A New 10th schedule was added by 52th amendment act 1985 in context with the Antidefection law.
First Schedule: This lists the Names of the states, Union territories and their territorial
jurisdiction on of India, lists any changes to their borders and the laws used to make that
change.
Number of States in 1950 are 29

By the recommendations of Fazl Ali Commission (First SRC), the Number states restricted to
14 along with 6 Union Territories.
At Present the Number of States are: 29 and UTs are 7(including Delhi National Capital
Territory)
When did the remaining states added?

1) In 1960, State of Bombay was divided into 2 separate states i.e. Gujarat and
Maharashtra (Mumbai state was renamed). Thus the Gujarat was established as 15th
state of India.
Not By Constitutional amendment Act but by Bombay State Reorganization Act, 1960.
2) In 1961, Dadra Nagar Haveli was converted to Union Territory by the 10th Constitutional
Amendment Act,1961
3) In 1962, Goa, Damn and Diu were made as UTs by 12th Constitutional Amendment Act,
1962 and later Goa was given a Separate Statehood in 1987 by Goa, Diu and Damn
Reorganization Act, 1987.
Note: Dadra nagar Haveli, Goa and Diu Damn were under the control of Portuguese.
4) In 1963, Puducherry (Earlier Under the Control of French) was Made UT by 14th
Constitutional Amendment Act, 1962
5) In 1963, Nagaland was separated out of Assam and created as 16th state of Indian
Union.
6) In 1966, Punjab was bifurcated and Haryana was created as 17th State of Indian Union
along with Chandigarh as UT by Punjab Reorganization Act, 1966.
7) In 1971, Already Existing UT Himachal Pradesh was made as State and it became the
18th State of Indian Union by .
8) In 1972 there was major change in North Eastern Region.
a. Already Existing 2 UTs Manipur and Tripura along with Meghalaya became States.
b. Mizoram, Arunachal Pradesh was made UTs.
Manipur 19th State
Tripura 20th State
Meghalaya 21st State
9) In 1975, by 36th Constitutional Amendment Act, 1975 Sikkim became the Full State.
i.e. 22nd State of Indian Union.
10) In 1987, UTs Mizoram and Arunachal Pradesh were made State along with Goa. Goa
was separated from UT Goa, Damn and Diu.
Mizoram 23rd State Arunachal Pradesh 24th State
Goa 25th State
11) In 2000, 3 New States of Chhattisgarh (26th State), Uttarakhand (27th State) and
Jharkhand(28th State) Created
12) In 2014, Telangana (29th State) was created out of United Andhrapradesh by AP State
Reorganization act, 2014
Second Schedule: Emoluments for High-Level Officials This lists the salaries of officials
holding public office, judges, and Controller and Auditor-General of India.
List Includes 1. The President of India
2. The Governors of State
3. The Speaker and Deputy Speaker of Loksabha and State Legislative Assembly.
4. The Chairmen and Deputy Chairmen of Rajya Sabha and State Legislative Council.
5. The Judges of Supreme Court and High Court.
Third Schedule: Forms of Oaths This lists the oaths of offices for elected officials and
judges.
Fourth Schedule: Allocation of seats in the Rajya Sabha (the upper house of Parliament) per
State or Union Territory.
Most Number of Rajya Sabha Seats: UttarPradesh-31

Except Assam, All the North Eastern States has only One Rajyasabha Seats.
Goa also has Only One Rajya Sabha Seat.
In UTs:
Delhi has 3 seats and Puducherry has 1 Seat.
Fifth Schedule: Administration and control of Scheduled Areas and Scheduled Tribes (areas
and tribes needing special protection due to disadvantageous conditions).
Scheduled Areas are autonomous areas within a state, administered federally, usually
populated by a predominant Scheduled Tribe. Scheduled Tribes are groups of indigenous
people, identified in the Constitution, struggling socio-economically
Sixth Schedule: Provisions for the administration of tribal areas in Assam, Meghalaya,
Tripura, Mizoram.
Seventh Schedule: The union (central government), state, and concurrent lists of
responsibilities.
List I(Union List): 100 Subject( Originally 97 Subjects)
List II(State List): 61 Subjecta(Originally 66 Subjects)
List III( Concurrent List) :52 subjects( Originally 47 Subjects)
Eighth Schedule: The official languages.

Originally, There are 14 Languages. They are
a. Assamese
b. Bengali
c. Gujarati
d. Hindi
e. Kannada
f. Kashmiri
g. Malayalam
h. Marathi
i. Oriya
j. Punjabi
k. Sanskrit
l. Tamil
m. Telugu
n. Urdu
Sindh was added by 21st Amendment act, 1967.

Konkani, Manipuri, Nepali Were added by 71st Amendment Act, 1992
Bodo, Dongri, Maithali and Santhali were added by 92nd Amendent Act,
Thus the present Number of Official languages has become 22.
Note: English is not an Official Language.

Ninth Schedule: This was added by the 1st amendment Act, 1951. It deals with the with Land
reforms and abolition o Zamindari System Please note that 9th schedule comes under Judicial
Review.
Tenth Schedule: This was added by the 52nd Amendment Act, 1985 and is known as Anti
defection Law.
Anti-defection law has provisions for the disqualification of Members of Parliament and
Members of the State Legislatures on the ground of defection..
Eleventh Schedule: This was added by the 73rd Constitutional Amendment Act, 1992 and it
specifies the Powers, Authority and responsibilities of Panchayats (rural local government).
Twelfth Schedule: This was added by the 74th Constitutional Amendment Act, 1992 and it
specifies the Powers, Authority and responsibities of Muncipalities (urban local government)
AMENDMENT OF THE CONSTITUTION
Article 368 in Part XX of the constitution has provided the powers to Parliament to Add,
Modify or repeal any provision of the constitution in accordance with procedure laid down for
the purpose.
It the procedure laid down by the Constitution for its amendment is neither so easy as in
England nor so difficult as in the United States.
The Constitution of England is highly flexible. It can be amended by a simple majority of the
British Parliament.
Restriction: Parliament cannot amend those provisions which form the basic structure if the
constitution.
What is the procedure for the Amendment??

Procedure for amendment:
It can be initiated only in parliament by the introduction of bill for the purpose in either of the
House (Loksabha or Rajyasabha) but not in state legislature.
Who can introduce?
Any member of the House and importantly, prior permission from president not required.
Once introduced it will be put up for voting
What is the Number required for the bill to be passed?
a. It should be passed in each house by special majority i.e. two third of majority of the
members present and vote.
Should be passed in both the Houses, What If not?
Yes, both the houses should pass the bill. In case of disagreement, there is no provision for
joint sitting.
Only Parliament approval is enough?
Yes, but in some cases, which deals with federal character of the Nation, State legislatures
has to ratify it by a simple majority means half the members present and voted in the House.
Then What?
Once passed in both the houses of the parliament and ratified by the State legislatures the bill
is presented to the president for his assent.
President must give his assent means he cannot with hold the bill or he cannot return the bill
back to the parliament
Once President Assent is received, Bill becomes an Act i.e. Constitutional Amendment act.
Types of amendments:
Article 368 provides for two types of amendments. i.e. Amendment by special majority of the
parliament and Amendment by special majority of the parliament and the ratification of half of
the state legislatures but some other articles provide amendment by a simple majority of the
parliament
Therefore, the constitution can be amended in three ways.

The Constitution can be amended in 3 ways.
a. Amendment by simple majority of the parliament
b. Amendment by special majority of the parliament
c. Amendment by special majority of the parliament and the ratification of half of the state
legislatures.
Elaborate:
a. Amendment by simple majority of the parliament:
This amendment does not come under article 368.
Required Strength: Simple majority of the people present and Vote
What are the provisions?
1. Admission and Formation of New states. Alteration of areas, boundaries or names of
existing states.
2. Second Schedule
3. Salaries and allowances of Parliament
4. Rules of procedure in Parliament
5. Privileges of the parliament, Its members and its committees
6. Use of English language in Parliament
7. Citizenship Acquisition and termination
8. Elections to the parliament and state legislatures
9. Union Territories.
10. Delimitation of constituencies.
11. Fifth Schedule: Administration of scheduled Areas and Scheduled Tribes
12. Sixth Schedule: Administration of Tribal Areas.
b. Amendment by special majority of the parliament:

The majority of the provisions of the Constitution can be amended by a special majority of
each House.
Required Strength: majority of parliaments total membership (irrespective of vacancies and
absentees) and a two-thirds majority of the members present and voting in each House
separately.
Provisions: i) Fundamental Rights
ii) DPSP
iii) All other provisions which are not covered by the first and third categories.
Amendment by special majority of the parliament and the ratification of half of the
state legislatures.
A highly rigid method of amendment is provided for some provisions of the Constitution which
have vital importance for the States and the Indian Union.
Required Strength: majority of parliaments total membership and a two-thirds majority of
the members present and voting in each House separately.
It must also be ratified by at least half of the legislatures of the States before the President
gives assent to it.
These provisions include:
A. election of the President
B. executive powers of the Union Government and the State Governments, legislative relations
between the Union and the States
c. Supreme Court and State High Courts,
D. representation of the States in Parliament.
e. Any of the lists in the 7th Schedule
f. Powers of parliament to amend Article 368

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We Focus Classes Polity Notes for SSC CGL

Polity and Constitution:

Meaning: Polity means the form of Government in the Country

The 3 organs of the Government are

What describes the above 3 organs??

It is. The Constitution

We Focus Classes Polity Notes for SSC CGL

It is a body of fundamental principles according to which a state is constituted and governed.

Evolution of the Indian Constitution:

Government of India Act,1919:

We Focus Classes Polity Notes for SSC CGL

2) It provided the establishment of a public service commission. Hence a public service

Government of India Act, 1935:

The Indian Independence Act, 1947:

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

What Happened Then?

Composition of Constituent Assembly:

We Focus Classes Polity Notes for SSC CGL

Result of the election: 208 seats won by congress

Questions on the topic discussed in Polity -1:

We Focus Classes Polity Notes for SSC CGL

a) British Constitution b) US constitution c) Irish constitution

Thus CA formed and started working:

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

Questions on the topic discussed in Polity -2

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

Among all the most important is

We Focus Classes Polity Notes for SSC CGL

It was set up on 24th August, 1947.

Is the Draft Directly Accepted?

We Focus Classes Polity Notes for SSC CGL

The Entire Constitution Came into Effect on 26/11/1949?

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

b) Central residuary powers

Questions on the topic discussed in Polity -3

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

The Union and its Territory

We Focus Classes Polity Notes for SSC CGL

We Focus Classes Polity Notes for SSC CGL

1) Indian Constitution is the lengthiest written constitution in the world:

We Focus Classes Polity Notes for SSC CGL

III. Membership of the ministers in the legislature

We Focus Classes Polity Notes for SSC CGL

Preamble of the constitution:

We Focus Classes Polity Notes for SSC CGL

EQUALITY of status and of opportunity; and to promote among them all;

: Representatives elected by the people will rule the

We Focus Classes Polity Notes for SSC CGL

: India has and directly elected or indirectly elected Head called

It specifies the Justice, Liberty, Equality and Fraternity as the objectives.

We Focus Classes Polity Notes for SSC CGL

Fraternity: means sense of brotherhood

Previous year Questions from Polity -4 and Polity- 5 classes

We Focus Classes Polity Notes for SSC CGL

1) India is considered as republic mainly because?

We Focus Classes Polity Notes for SSC CGL