[Just some very brief topics on which questions in Preliminary examination is asked]
THE CONSTITUTION
OF THE REPUBLIC OF INDIA
STARTLING
FACTS
· Lengthiest
constitution in the World
·
Originally Art. 395, Part 22,
Schedule 8 / NOW – Art. 446, Part 25, Schedule 12
·
Latest Amendment (28.05.2015)– 100th,
– First Schedule
CONSTITUENT
ASSEMBLY –
·
9th Dec. 1946,
Dr.S.N. Sinha made President.
·
11th Dec.1946, Dr.
Rajendra Prasad chosen president of constituent assembly.
·
Assembly – total 395,
382elected, 85representative princely states & on 16Jul1947, Partition, now
assembly –total 299, 229 elected, 70 representative.
·
Various committees were formed
w.r.t. each area provided in the constitution. Each committee worked and
recommended the frame of constitution as to their field e.g. Centre-State
relation, Judiciary, Parliament, etc., etc.
·
Drafting Committee – Chairman
BR Ambedkar + KM Munshi & AK Ayyar (lawyer and jurist) [and later 2 more
added who died and were replaced]
·
On 26th Nov. 1949,
signed by 284 member, and Constitution came into being on 26the Jan. 1950.
·
Total time taken – 2 years 11
months and 18 days.
SOURCES
OF INDIAN CONSTITUTION
·
Government of India Act, 1935
– Federal Structure, Emergency, Ordinance making, Office of Governor, Federal
Judiciary & Administrative nature-centre & state.
·
UK(England)
– Parliament, Bicameral, P.M., Council of Minister, Rule of Law, CAG, single citizenship, writs.
·
USA – Written
constitution, President as executive head, F.R.s, S.C., Judicial Review, Vice
President as chairman of R.S.
·
Australia
– Concurrent List, Cooperative Federalism, Centre and State Relations.
·
USSR(former)
– Fundamental Duties
·
Germany
– Suspension of FRs in emergency
·
Canada
– Federal Form & Residuary power of centre
·
South Africa
– Procedure of amendment, election of RS members.
·
Ireland
– DPSP, Presidential election & nomination of members of RS by President.
PREAMBLE
·
Originally 82 words, now 85
words. Beruberi Case (1960) not amendable. F.Rs Case (1973) basic
and can be amended but not to rob it of its essence.
PART –
I – Art.1-4
·
India i.e. Bharat is a ‘union
of states’.
·
Earlier states were in PART
A(Governor)/ B(Princely States)/ C(Commissionaires)/ D(Andaman & Nicobar
Islands).
SK Dhar Committee, June1948 for reorganisation,
opposed linguistic basis. JVP (Jawahar, Vallabh, Pittabi Sitaramaiya) also said
the same.
1953 Potti Sriramulu died after 56 days of fast,
therefore, Andhra Pradesh formed. Other states also intensified demands. Fazal
Ali Committee, 1956 brought 7th Amendment Act – State Reorganisation
Act, then Part A States and Part B Union Territories.
·
Now 28.S / 7UT. (last was
UK1.11.00; Chattisgarh8.1.00; Jharkhand15.11.2000)
7UTs – Basis are -
·
Basis - Cultural – Puducherry, Dadar & Nagar Haveli, Daman & Diu
Strategic
– Andaman & Nicobar Island & Lakshadweep
Political
& Administrative – Delhi & Chandigarh
·
CONTROL AND EXECUTIVE HEAD
Delhi and Puducherry have Legislative Assembly
and Council of Ministers.
Delhi, Puducherry & Andaman and Nicobar
Island have Lieutenant Governor.
Dadar & Nagar Haveli, Daman & Diu,
Lakshadweep has Administrator.
Chandigarh has Administrator called Chief
Commissioner.
CITIZENSHIP
– PARTII – Art.5-11
FUNDAMENTAL
RIGHTS – PART III – Art. 12-35
·
Available against State only
[except-untouchability & exploitation]
·
Suspension – Art.352imposed,
Art.19 automatically suspended (Art. 358); other FRs can be suspended by
Specific Order of the President except Art. 20 & 21 which can never be
suspended(Art. 359).
·
FRs are NEGATIVE-Art.14-16/20-22,
etc; AND, POSITIVE-Art.16/19/25/29,etc and Personal FRs are preferred over
other, example Art.21.
·
AMENDABILITY
Shankari Prasad v. UOI(1951)
& Sajjan Singh v. State of Rajasthan – Amending power beyond Art. 12
and cannot be challenged.
Overruled in Golakhnath v. State of Punjab,
held amendment u/A.245 and can be challenged as amendment is within the term
law u/Art. 12
Finally, His Holiness Keshvanand Bharti &
Ors v. State of Kerala & Anr. [Fundamental Rights Case] (23.4.1973),
established the Doctrine of Basic Structure.
·
Imp. Amendments (asked previously)
– Art.15(4)-promotion of SC/ST 1st Amendment. **
Art.15(5)-Educational Institutions even private – special law for SC/STs 93rd
Amendment, 2005. ** Art. 16(4A)-reservation in promotion for SC/STs 77th
Amendment, 1995. ** Art. 16(4B)-carry forward rule upto 50% of current vacancy
81st Amendment, 2000.
·
Art.19(1)(c) word “Cooperative
Society” added & “Art. 43B-Promotion of Cooperative Society”. 97th
Amendment, 2012
·
Art. 21A- Right to education 86th
Amendment, 2002.
·
Art.21 by virtue of Maneka
Gandhi v. UOI(1978), “procedure established by law” now means “due process
of law” which means legislation/procedure must be just, fair and equitable.
·
Art. 22- Preventive Detention,
some law are- COFEPOSA,1974 / NASA,1980 / TADA,1985 / PITNDPSA,1988.
·
Secular State, upheld in S.R.
Bommai v. UOI(1994)
DIRECTIVE PRINCIPLES OF STATE POLICY – PART IV – Art. 36-51
·
Source from Ireland
·
Latest 43B – 97th
Amendment, 2012.
·
ENFORCEABILITY
Champakam Dorairajan (1951) held FR prevails
over DPSP, but overruled in FR Case and therefore harmony between FR and DPSP
established [exactly between Art. 39(b) and Art. 31C].
Minerva Mills Case (1980) held that in some
respect for larger good and societal upliftment, Art. 39(b) can override Art.
19 & 21.
FUNDAMENTAL
DUTIES – PART IVA – Art.51A(a-k)
42nd Amendment, 1976, added 10 fundamental duties
and later by 86th Amendment, 2002 Duty no.11 i.e. Art. 51A(k) was
added.
EXECUTIVE
*UNION AND *STATE – *PART V AND *PART VI
UNION –
PART V
 CHAPTER I –
President, Art.52-78 CHAPTER II
– Parliament, Art.79-122 CHAPTER III
– Legislative Power – Art.123 (Ordinance making power) CHAPTER IV
– Judiciary – Art.124-147
CHAPTER V – CAG, Art.148-151
|
STATE –
PART VI
CHAPTER I – General, Art. 152
CHAPTER II – Governor, Art.153-167
CHAPTER III – Legislature – Assembly and
Council, Art.168-212
CHAPTER IV – Legislative Power – Art.213
(Ordinance making)
CHAPTER V – Judiciary – Art.214-232
CHAPTER VI – Subordinate Courts – Art.233-237
|
PRESIDENT
COUNCIL OF MINISTER
ITS FUNCTIONING
ATTORNEY GENERAL
|
52-78
74-75
77-78
76
|
153-162
163-164
166-167
165
|
GOVERNOR
COUNCIL OF MINISTER
ITS FUNCTIONING
ADVOCATE GENERAL
|
PARTICULAR * PRESIDENT ARTICLE * GOVERNOR ARTICLE
Executive Head (Union/State) * 53 * 154
Election and Manner *
54-55
Eligibility *
56
Term *
57 * 156
Qualification *
58 * 157
Condition *
59 * 158
Pardon/suspend/remit/commute *
72 * 161
Council of Minister *
74-75 *163-164
[After 42nd Amendment, 1976, advice is binding,
but he may return for reconsideration]
Ordinance making power *
123 * 213
PART V – CHAPTER II – PARLIAMENT
·
Art.79 – RS & LS
·
RAJYA SABHA
Total250=238+12 – Sanctioned presently245=235+12
1 per million upto 5 million, and above 5
million 2 per 2 million
Minimum age 30 years; and term is 6 years,
continuity whereby 1/3rd members retire every 2 years.
·
LOK SABHA
Total552=530(S)+20(UT)+2(Anglo-Indian) –
Sanctioned presently545=530+13+2
Basis is population, but no representation where
population below 6 million.
·
Quorum (i.e. minimum members
present) of house is 1/10th including the Speaker/Chairman.
·
Art.108 - Joint siting – summoned
by President, presided over by any member selected by the joint siting.
STATE
LEGISLATURE – Art.152-237
·
Governor is the Executive head
of the State, although he acts in aid and advice of Council of Ministers.
Governor must be citizen of India, above 35 years of age and not otherwise
disqualified. Appointed by the President, and he holds his office till the
pleasure of the President.
·
Legislative Assembly and
Legislative Council
A.170 L.A.; A.171 L.C.; A.172duration (5yrs and
6 yrs).
A.171 Legislative Council –
1/3rdMunicipalities,
District Boards or Other local bodies.
1/12th elected by
electorates – among graduates
1/12th elected by
electorates – Education Institutes
1/3rd by Legislative
Assembly from among not members of LA
1/6th Governor –
Special Knowledge or practical experience
UNION
JUDICIARY – Art.124-147
·
A.129 – Court of Records
·
A.131 – Original Jurisdiction
·
A.132 – Appellate Jurisdiction
in certain matters
·
A.133 – Appellate Jurisdiction
in Civil matters
·
A.134 – Appellate Jurisdiction
in Criminal matters
·
A.134A – Certificate of Appeal
·
A.136 – Special Leave Petition
·
A.137 – Review Petition
·
A.139 r/w A.32 – Issue writs
·
A.141 – Law of the Land
·
A.143 – Advisory Jurisdiction
·
APPOINTMENT
S.P. Gupta v. UOI (1982),
CJI consultation not binding on President; Supreme Court’s Advocate on
Record Association v. UOI (1993), CJI recommendation has a primacy.
NOW – S.C.
appointment – CJI + 4 senior most
Transfer
between HC – CJI + 4 senior + 2 CJ of those HCs
H.C.
appointment – CJI + 2 senior most
[consensus is required and not by majority and
even if any 2 Justice opposes, the CJI shall not recommend]
HIGH
COURT IN STATES – Art.214-232
·
A.215 – Court of Records
·
A.226 Writs
·
A.227 Judicial Superintendence
over all Courts and Tribunal within the State
·
A.235 Supervision over District
Courts and their Sub-ordinate on posting, promotion, etc.
[LOK ADALAT – LEGAL SERVICES AUTHORITY ACT, 1987
First – 2nd Oct. 1996 disposed-off 1 million cases
Last – 23rd November, 2013, settled 2.826 million
cases]
UNION
TERRIROTIES – PART VIII – Art. 239-242
PANCHAYAT
– PART IX – Art.243-243O
MUNICIPALITIES
– PART IXA – Art.243P-243ZG
SCHEDULED
AND TRIBAL AREAS – PART X – Art.244-244A
·
Schedule 5 areas other than
Assam, Meghalaya, Manipur & Tripura.
·
Schedule 6 Schedule Areas of
Assam Meghalaya, Manipur & Tripura
·
20/30 members in Tribes
Advisory Council, works under the Governor, who submits an Annual Report to the
President
RELATIONS
BETWEEN CENTRE AND STATE – PART XI – Art.245-263
FINANCE,
PROPERTY, CONTRACTS AND SUITS - PART XII – Art.268-300A
TRADE,
COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA - PART XIII – Art.301-307
SERVICES
UNDER UNION AND STATES – PART XIV – Art.308-314
·
Services are 3 – Central ;
State and All India Services.
·
A.309 – regulation by
appropriate govt., subject to Constitution.
·
A.310 – tenure is during the
pleasure of President or Governor.
·
A.312(2) Indian Administrative
Services (I.A.S.) & Indian Police Services (I.P.S.); later Indian Forest
Services (I.F.S.) was added as third services within All India Services
[A.312(1) Parliament can add more services].
·
Central Services
are related to Union Subjects – foreign, defence, income, railways, post &
telegraphs, etc.
·
State Services are related to
State Subjects – sales tax, excise duty, liquor, agriculture, local govt., etc.
·
A.311 – 2 constitutional
safeguard – (a)not to be removed by any sub-ordinate in rank; & (b)no
dismissal/ removal/ reduction without inquiry.
·
PUBLIC
SERVICE COMMISSION – PART XIV CHAPTER II - A.315-323
Chairman and other members of Public Service Commission
UPSC-6years on date of entering office or 65
years (whichever earlier) and SPSC-6years or 62 years (earlier). Removal,
salary, oath, emoluments same as Judge of a High Court or the Supreme Court.
TRIBUNAL
– PART XIVA – Art. 323A & 323B, 42nd Amendment Act, 1976
·
A.323A- Administrative Tribunal
– Central Administrative Tribunal (CAT) & State Administrative Tribunal (SAT)
·
A.323B- Tribunal for other
purpose
ELECTION
– PART XV – Art. 324-329
·
A.324 – Election Commission –
Chief Election Commissioner and such Election Commissioners
·
A.326 – Universal Adult Suffrage
– 21 years reduced to 18 years (61st, 1989)
·
Representation of People Act,
1951 – Sec.62 – C.E.C. v. Jan Chowkidar Case (2013), tainted MPs not to
contest election.
SPECIAL
PROVISIONS - CERTAIN CASES – PART XVI – Art. 330-342
OFFICIAL
LANGUAGE – PART XVII – Art. 343-351
Schedule 8 – total 8 languages, last amended and raised to
22 by 92nd Amendment Act, 2003 – 4 new added were – Bodo, Dagri,
Maithali, Santhali; AND next in 96th Amendment Act, ‘Oriya’ was
changed to ‘Odia’.
EMERGENCY
PROVISION – PART XVIII – Art.352-360
·
A.352 - National Emergency
– war, external aggression & armed rebellion (earlier ‘internal aggression’
44th Amendment, 1978)
Till now 3 – external aggression-1962/1971 AND
internal disturbance-1975
Proclamation to continue as long as war,
aggression, rebellion or threat of such war, aggression, rebellion continues.
Proclaimed, operates for 1 month, and if approved
by 2/3rd for next 6months.
·
A.356 – failure of
Constitutional Machinery of the State, Governor, submits report to the
President or otherwise, and he imposes President Rule.
Proclaimed, operated for 2 months, then needs
approval for next 6 months, uptil 1 years can be approved. But in circumstances
where condition still so, and EC submits report of unable to hold general
election, then proclamation for 3 years.
S.R. Bommai v. UOI(1994)
Governor’s report is not immune to Judicial Review.
·
A.360 – Financial Emergency – never
imposed in India.
MISCELLANEOUS
PART XIX – Art. 361-367
Privileges to President, Governor and [Raj Paramukhs]
AMENDMENT
– PART XX – Art.368
Simple and Special Majority
1st
7
15
24
42
44
52
61
65
69
73
74
77/
81/
85
86
89
92
96
97
98
|
1951
1956
1963
1963
1976
1978
1985
1989
1990
1991
1992
1992
1995
2000
2001
2002
2003
2003
2007
2012
2013
|
9th Schedule added
State Reorganisation
HC age 62years & SC age 65 years
I.C. Golakhnath v. State of Punjab– Art.368 &
Art.13
Mini Constitution – Preamble, F.D., All India
Judicial Service, Administrative Tribunal, Emergency, C.O.M. advice binding,
Lok Sabha and Legislative Assembly term 6 years.
Janta Party(to curtain 42) – Property(A.300A),
Emergency(Judicial Review), National Emergency (armed rebellion), C.O.M.
binding but can be sent back for reconsideration.
Anti-Defection Law, 10th Schedule
Voting Age cut from 21 to 18
National Commission for SC/STs.
A.239AA & A.239AB-G.N.C.T.D.; L.A. &
C.O.M. for Delhi
Panchayat; 11th Schedule
Municipalities; 12th Schedule
Art.16(4A) / Art.(4B) / amended A.16(4A)
Art.21A new F.R. / Art.51A(k) new FD
Art.338A – Separate National Commission for SC
& ST
Total Language – 22-Sc.8, Bodo, Dagri, Maithli,
Santhali
Language amended Oria (earlier Odiya)
Cooperative societies added to Art.19(1)(c)
& Art. 43B
Art. 371J
|
TEMPORARY,
TRANSITORY & SPECIAL PROVISIONS – PART XXI – Art. 369-392
A.370 – State of Jammu & Kashmir.
SHORT
TITLE, COMMENCEMENT AND EXTENT – PART XXII – Art.393-395
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