General Awareness (Part - 01)
INDIAN POLITY
Indian
Constitution was adopted by the Constituent Assembly on 26 November 1949. It
came into full operation with effect from 26 January 1950. The Constitution
originally had 22 Parts, 395 Articles and 8 Schedules.
Framing of
the Constitution:
·
The
Constitution of India was framed by a Constituent Assembly which was set up
under the Cabinet mission plan (1946).
·
The
Constituent Assembly took almost 3 years (2 years, 11 months, & 18 days) to
complete its historic task of drafting the Constitution for an Independent
India.
·
During this
period, it held 11 sessions covering a total of 165 days. Of these, 114 days
were spent on the consideration of & discussion on the Draft Constitution.
·
As for the
composition of the Assembly, members were chosen by indirect election by the
members of the Provincial Legislative Assemblies, following the scheme
recommended by the Cabinet Mission. The total membership of the assembly thus
was to be 389.
·
However, as
a result of the partition, a separate Constituent Assembly was set up for
Pakistan & representatives of some provinces ceased to be members of the
Assembly. As a result, the membership of the Assembly was reduced to 299.
The Cabinet Mission
World War II
in Europe came to an end on May 9, 1945. Three British cabinet ministers were
sent to find a solution to the question of India's independence. This team of
ministers (Lord Pethick Lawrence, Stafford Cripps, A V Alexander)
was called the Cabinet Mission. The Mission was in India from March 1946 to May
1946.The Cabinet Mission discussed the framework of the constitution & laid
down in some detail the procedure to be followed by the constitution drafting
body. The Assembly began work on 9 December 1946.
First
Interim National Government
The
Government was constituted on 2 September 1946. It was leaded by Pandit Nehru.
All the members of the interim Government were members of Viceroy's Executive
Council. The Viceroy continued to be the head of the Council. Pandit Jawahar
Lal Nehru was designated as the Vice-President of the Council.
The Constituent Assembly
·
The people
of India elected members of the provincial assemblies, who in turn elected the
constituent assembly.
·
Frank
Anthony represented the Anglo-Indian community.
·
Dr.
Sachidanand Sinha was the president of the Constituent Assembly for first
meeting. Later, Dr.Rajendra Prasad was elected president of the Constituent
Assembly while B.R. Ambedkar was appointed the Chairman of the
Drafting Committee.
Sources of our Constitution
The Indian
Constitution is borrowed from almost all the major countries of the world but
has its own unique features too. Major sources are:
1.
Government
of India Act of 1935 - Federal Scheme, Office of Governor, Judiciary, Public
Service Commission, Emergency provisions & administrative details.
2.
British
Constitution – Parliamentary System, Rule of law, Legislative Procedure, Single
Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges &
Bicameralism.
3.
US
Constitution – Fundamental rights, Independence of Judiciary, Judicial review,
Impeachment of president, removal of Supreme Court & High Court judges
& Post of Vice President.
4.
Irish
Constitution- Directive Principles of State Policy, Nomination of members of
Rajya Sabha & method of election of President.
5.
Canadian Constitution-
Federation with a strong centre, vesting of residuary power in the centre,
appointment of State Governor by the centre & advisory jurisdiction of
Supreme Court.
6.
Australian
Constitution- Concurrent list, Joint Sitting of two houses of Parliament,
Freedom of trade & commerce & intercourse.
7.
Constitution
of Germany- Suspension of fundamental rights during emergency.
8.
French
Constitution- Republic & ideals of liberty, equality & fraternity in
the Preamble.
9.
South
African Constitution- Procedure for amendment of the constitution &
election of members of Rajya Sabha.
10.
Japanese
Constitution- Procedure established by Law.
11.
Constitution
of former USSR: Fundamental duties, ideals of justice (social, economic &
political) in Preamble.
PARTS DESCRIBED IN THE CONSTITUTION
|
Parts |
Subject |
Articles |
|
|
Part I |
The Union and its territory |
Art. 1 to 4 |
|
|
Part II |
Citizenship |
Art. 5 to 11 |
|
|
Part III |
Fundamental Rights |
Art. 12 to 35 |
|
|
Part IV |
Directive Principles |
Art. 36 to 51 |
|
|
Part IVA |
Fundamental Duties |
Art. 51A |
|
|
Part V |
The Union |
Art. 52 to 151 |
|
|
Part VI |
The States |
Art. 152 to 237 |
|
|
Part VII |
Repealed by Const. (7th Amendment) Act, 1956 |
||
|
Part VIII |
The Union Territories |
Art. 239 to 242 |
|
|
Part IX |
The Panchayats |
Art. 243 to 243O |
|
|
Part IXA |
The Muncipalities |
Art. 243P to 243ZG |
|
|
Part IXB |
The Co-operative Societies |
Art. 243ZH to 243ZT |
|
|
Part X |
The Scheduled and Tribal Areas |
Art. 244 to 244A |
|
|
Part XI |
Relations between the Union and the States |
Art. 245 to 263 |
|
|
Part XII |
Finance, Property, Contracts and Suits |
Art. 264 to 300A |
|
|
Part XIII |
Trade, Commerce and Intercourse within the Territory of India |
Art. 301 to 307 |
|
|
Part XIV |
Services under the Union and the States |
Art. 308 to 323 |
|
|
Part XIVA |
Tribunals |
Art. 323A to 323B |
|
|
Part XV |
Elections |
Art. 324 to 329A |
|
|
Part XVI |
Special provisions relating to certain classes |
Art. 330 to 342 |
|
|
Part XVII |
Official Language |
Art. 343 to 351 |
|
|
Part XVIII |
Emergency Provisions |
Art. 352 to 360 |
|
|
Part XIX |
Miscellaneous |
Art. 361 to 367 |
|
|
Part XX |
Amendment of the Constitution |
Art. 368 |
|
|
Part XXI |
Temporary, Transitional and Special Provisions |
Art. 369 to 392 |
|
|
Part XXII |
Short title, commencement, authoritative text in Hindi and
repeals |
Art. 393 to 395 |
|
IMPORTANT SCHEDULES IN THE CONSTITUTION
|
Schedules
1 to 12 |
|
First schedule contains the list of states and union territories
and their territories. |
|
Second schedule contains provisions as to the President,
Governors of States, Speaker and the Deputy Speaker of the House of the
People and the Chairman and the Deputy Chairman of the Council of States and
the Speaker and the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative Council of a State, the
Judges of the Supreme Court and of the High Courts and the Comptroller and
Auditor-General of India, the list of states and union territories and their
territories. |
|
Third Schedule contains the Forms of Oaths or Affirmations. |
|
Fourth Schedule contains provisions as to the allocation of
seats in the Council of States. |
|
Fifth Schedule contains provisions as to the Administration and
Control of Scheduled Areas and Scheduled Tribes. |
|
Sixth Schedule contains provisions as to the Administration of
Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. |
PREAMBLE
- A
preamble is a brief introduction to a speech, like the Preamble to the Indian
Constitution which states -
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC 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 HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”
It was amended by 44th Amendment Act, 1976.
PART-I : THE UNION AND ITS TERRITORIES
Part I of Indian Constitution is titled The Union and its
Territory.
Article 1 : Name and territory of the Union.
Article 2 : Admission or establishment of new States.
Article 3 : Formation of new States and alteration of areas,
boundaries or names of existing States.
Article 4 : Laws made under articles 2 and 3 to provide for the
amendment of the First and the Fourth Schedule and supplemental, incidental and
consequential matters.
PART-II : CITIZENSHIP
A citizen is a person who enjoys full membership of the community
or State in which he lives or ordinarily lives. The State demands extra duty
from its citizen which cannot be asked to non-citizens. 42nd Constitution
(Amendment) Act, 1976 has inserted 10 Fundamental Duties in Article 51-A.
Ways to acquire Indian Citizenship
Constitution of India under Citizenship (Amendment) Act, 1986
provides five ways to acquire citizenship of India. These five ways are:
a. Citizenship by Birth
b. Citizenship by Descent
c. Citizenship by Registration
d. Citizenship by Naturalization
e. Citizenship by incorporation of Territory
PART-III : FUNDAMENTAL RIGHTS
• They are justiciable,
allowing persons to move the courts for their enforcement, if & when they
are violated.
• They are defended & guaranteed by the Supreme Court. Hence,
the aggrieved person can directly go to the Supreme Court. They can be
suspended during the operation of a National Emergency except the rights guaranteed
by Articles 20 & 21. More, the six rights guaranteed by Article 19 can be
suspended only when emergency is declared on the grounds of war or external
aggression.
Originally the Constitution provided for seven fundamental rights:
1. Right to equality [Art. 14-18]
2. Right to freedom [Art. 19-22]
3. Right against exploitation [Art. 23-24]
4. Right to freedom [Art. 25-28]
5. Cultural & educational rights [Art. 29-30]
6. Right to property [Art. 31]
7. Right to constitutional remedies [Art. 32]
However, the ‘right to property’ was deleted from the list of
fundamental rights by the 44th Constitutional Amendment Act, 1978. It
has been made a legal right under Article 300A in the Constitution. So,
at present, there are only six fundamental rights.
To enforce
the Fundamental Rights, the Supreme Court and High Court is empowered, under
Article 32 and 226 respectively, to issue writs of various forms.
PART-IV: Directive Principles of State Policy [Article 36 to 51]
The phrase ‘Directive Principles of State Policy’ denotes the
ideals that the State should keep in mind while formulating policies &
enacting laws. It includes the legislative & executive organs of the
central & state governments, all local authorities & all other public authorities
in the country. The Directive Principles are non-justiciable in nature, that
is, they are not legally enforceable by the courts for their violation.
Therefore, the government cannot be compelled to implement them. They aim at
providing social & economic justice of the people.
PART-IV A : FUNDAMENTAL DUTIES
A list of ten fundamental duties was included in the Indian Constitution
by the 42nd Amendment Act, 1976 in the form of Article 51 A. For this a new
part was created in the Constitution in the form of Part IV-A. It is based
on the Japanese model. The idea of including a separate chapter on duties
was recommended by the Swaran Singh Committee in view of the fact that
duties & rights are inseparable. Moreover, subsequently 11th duty has
been added by Constitution (86th Amendment) Act, 2002 in the form of 51 A (k). It
reads:
"It shall be the duty of every citizen of India who is a
parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of six & fourteen years."
The President
Article 52 – There shall be a President of India.
Article 53 – The executive power of the Union shall be
vested in the President.
Thus, the President is:
(1) Executive head of the Republic.
(2) All the executive actions are taken in his name. The executive
power vested in the President is to be exercised on the aid & advice of the
Council of Ministers [Article 74(1)]. It is obligatory on the part of President
to accept the advice of the council of ministers as per the 42nd and 44th
Constitutional Amendment Acts.
(3) He is the first citizen of India & occupies the first
position under the warrant of precedence. Warrant of Precedence indicates the
hierarchy of positions occupied by various dignitaries attending a state
function.
(4) He is the Supreme Commander of Armed Forces.
Election of the President
The
President of India is elected by indirect election. He is elected by an
electoral college in accordance with the system of proportional representation
by means of the single transferable vote & the vote being secret.
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