indian polity book series 45

19. National Commission to Review the Constitution

The Vajpayee government established this commission in 2000, after 50 years of the Indian Constitution coming into force, to review the Constitution.

Commission Leadership:

Former Chief Justice of the Supreme Court, M.N. Venkatachaliah, was appointed as the Chairman. The commission also included 10 other members.

Other members of this commission

#	Name	Designation
1	Justice B.P. Jeevan Reddy	Former Chairman of the Law Commission
2	Justice R.S. Sarkaria	Former Judge of the Supreme Court
3	Justice K. Punnaiah	Former Judge of the Andhra Pradesh High Court
4	P.A. Sangma	Former Speaker of the Lok Sabha
5	Soli Sorabjee	Former Attorney General
6	K. Parasaran	Former Attorney General
7	Subhash Kashyap	Former Secretary General of the Lok Sabha
8	C.R. Irani	Chief Editor (The Statesman newspaper)
9	Dr. Abid Hussain	Former Indian Ambassador to America
10	Smt. Sumitra Kulkarni	Former Member of Parliament

The commission thoroughly reviewed the Indian Constitution, examined its functioning over the past 50 years, and submitted a report containing 249 recommendations.

Key Recommendations:

1. Make employment for at least 80 days a year a fundamental right.
2. Make the right to education a fundamental right.
3. Implement electoral reforms and prevent criminals from contesting elections.
4. Provide 33% reservation for women in legislatures.
5. Parliament should meet for at least 120 days a year.
6. Make the right to information a legal right.
7. Increase the retirement age of Supreme Court judges to 68 years and High Court judges to 65 years.
8. Establish judicial councils at the national and state levels.
9. Appoint an independent National Education Commission every 5 years.
10. Issue multi-purpose citizenship identity cards at the Gram Panchayat level.
11. Enforce a provision to abide by the Constitution.
12. The government should bear the election expenses as soon as possible.
13. Prohibit oversized cabinets.
14. Double the deposit amount to discourage frivolous independent candidates.
15. Audit the functions of the Comptroller and Auditor General by an independent body.
16. Introduce social audits to enhance responsibility and accountability among officials.
17. A party should have national party status to get a common symbol.
18. Permanently disqualify those involved in heinous crimes like murder, rape, smuggling, and robbery from contesting elections.
19. Make voting in elections a fundamental duty.
20. Ensure that fellow citizens respect religious freedom, minority rights, and other freedoms.

20. Constitution of India - Articles

Part - 1 - Territory of India

1. Name and territory of India
2. Establishment and admission of new territories
3. Formation of new states and alteration of state boundaries.
4. Amendments to the First and Fourth Schedules.

Part - 2 - Citizenship

5. Citizenship at the commencement of the Constitution
6. Citizenship of persons who migrated from Pakistan
7. Citizenship of persons who migrated to Pakistan
8. Citizenship of persons of Indian origin residing outside India
9. Indians who voluntarily acquire foreign citizenship
10. Rights of citizenship.
11. Parliament's powers to make laws regarding citizenship.

Part - 3 - Fundamental Rights

12. Definition of State
13. Laws inconsistent with Fundamental Rights are void.

Right to Equality

14. Equality before law and equal protection of laws.
15. Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
16. Equality of opportunity in matters of public employment.
17. Abolition of Untouchability.
18. Abolition of titles.

Personal Freedoms

19. Freedom of Speech and Expression
20. Punishment for an offense only once, no double jeopardy
21. Right to Life and Personal Liberty
22. 21A Right to Education (Elementary Education)
23. Protection against arrest and detention, limits on detention

Right Against Exploitation

23. Prohibition of traffic in human beings and forced labor.
24. Prohibition of employment of children below 14 years of age in any work

Freedom of Religion

25. Right to freedom of conscience and to profess, practice, and propagate religion
26. Freedom to manage religious institutions.
27. No taxes for the promotion of religion.
28. No religious instruction in educational institutions.

Cultural and Educational Rights

29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions
31. 31. Property rights removed from fundamental rights list through 44th amendment.
32. 31A. Laws related to land acquisition
33. 31B. Certain laws are valid and beyond judicial review.
34. 31C. Constitutional protection for laws made to achieve the objectives of Directive Principles
35. 31D. This article, concerning the constitutional protection for laws preventing anti-national activities, was removed by the 43rd Constitutional Amendment.

Protection of Fundamental Rights - Issuance of Writs

32. Issuing writs for the protection of fundamental rights
33. 32A. Questioning the constitutionality of government laws under Article 32 is not allowed (removed by the 42nd amendment).
34. Parliament's right to deny fundamental rights to defense forces
35. Restrictions on fundamental rights when martial law is in force.
36. Powers to make laws relating to Fundamental Rights.

Part - 4 - Directive Principles of State Policy

36. Definition of State.
37. Courts cannot enforce Directive Principles.
38. A social system necessary for public welfare should exist.
39. Directive principles to be followed by the government.
40. 39A. Free legal aid.
41. Organization of village panchayats for self-governance.
42. Right to work, education, and public assistance.
43. Humane working conditions and maternity relief.
44. Living wages for workers.
45. 43A. Participation of workers in the management of industries.
46. 43B. Establishment and management of cooperative societies.
47. Uniform Civil Code for all citizens.
48. Early childhood care and education for children (below 6 years).
49. Special measures for the development of weaker sections.
50. Raising the standard of living and safeguarding public health.
51. Development of agriculture and animal husbandry.
52. 48A. Protection of the environment and wildlife.
53. Protection of ancient monuments.
54. Separation of the judiciary from the executive.
55. Promotion of international peace.

Part - 4A - Fundamental Duties

51. 51A Fundamental duties

Part - 5 - The Union Government

Chapter-1: The Executive - President, Vice-President, Prime Minister, Council of Ministers

52. Office of the President of India
53. Executive power of the Union.
54. Election of the President.
55. Manner of election of the President.
56. Term of office of the President.
57. Eligibility for re-election of the President.
58. Qualifications for the office of the President.
59. Conditions relating to the office of President
60. Oath taking
61. Removal from office of the President - Impeachment motion
62. Election of a new President before the term expires
63. Vice-President.
64. The Vice-President shall be the ex-officio Chairman of the Rajya Sabha.
65. Discharge of the President's functions by the Vice-President
66. Election of the Vice-President.
67. Term of office of Vice-President.
68. Election of a new Vice-President.
69. Oath taking of the Vice-President.
70. Discharge of the functions of the President in special circumstances.
71. Certain special provisions regarding the election of the President and Vice-Presidents.
72. Pardoning power, commutation of sentences
73. Extent of executive power of the Union Government.

Central Council of Ministers

74. The Central Council of Ministers to advise the President.
75. Appointment and responsibilities of Union Ministers.

Attorney General of India

76. Attorney General of India

Conduct of Business of the Government of India

77. All government operations shall be conducted in the name of the President
78. The responsibility of the Prime Minister to inform the President of all matters.

Chapter - 2 - Parliament

79. Definition of Parliament
80. Composition of the Rajya Sabha.
81. Composition of the Lok Sabha.
82. Re-demarcation of constituencies.
83. Term of the Lok Sabha and Rajya Sabha.
84. Qualifications of Members of Parliament.
85. Prorogation, adjournment, and dissolution of Parliament sessions.
86. President's address to Parliament.
87. President's Special Address to Parliament.
88. Participation of Ministers and the Attorney General in Parliament sessions.

Presiding Officers

89. Chairman and Deputy Chairman of the Rajya Sabha.
90. Removal and other matters of the Deputy Chairman.
91. Discharge of the duties of the Chairman by the Deputy Chairman.
92. Circumstances in which the Chairman and Deputy Chairman cannot preside over the meeting.
93. Speaker and Deputy Speaker of the Lok Sabha.
94. Removal, resignation, etc. of Speaker and Deputy Speaker.
95. Occasions when the Deputy Speaker acts as the Speaker.
96. When discussion on the removal of the Speaker and Deputy Speaker is ongoing, they should not preside.
97. Salaries and allowances of the Presiding Officers.
98. Secretariat of Parliament

Conduct of Parliamentary Business

99. Oath taking by members.
100. Voting procedure, quorum, and other matters.

Disqualifications of Members

101. Loss of dual membership and other matters.
102. Disqualifications of Members of Parliament.
103. The final authority on the disqualification of a Member of Parliament is the President.
104. Punishment if an ineligible member participates in the proceedings of the House and exercises voting rights.

Powers, Privileges, and Immunities of Parliament and its Members

105. Rights, powers, etc. of Parliament, Members of Parliament, and Parliamentary Committees.
106. Salaries and allowances of Members of Parliament.

Legislative Procedure

107. Introduction and passing of Bills.
108. Passing of Bills in a joint sitting of both Houses.
109. Final decision on Money Bills rests with the Lok Sabha.
110. Money Bills.
111. President's assent to Bills.

Financial Matters

112. Annual Financial Statement (Budget).
113. Discussion on the Financial Statement.
114. Passing of the Appropriation Bill.
115. Additional Grants.
116. Vote on Account, Special Grants.
117. Certain special provisions relating to Money Bills.
118. Rules of procedure of the House.
119. Procedure relating to financial matters.
120. Language to be used in Parliament.
121. Conduct of Judges cannot be discussed in Parliament.
122. Courts shall not inquire into the proceedings of Parliament.

Chapter - 3 - Legislative Powers of the President

123. Power to promulgate Ordinances.

Chapter - 4 - The Supreme Court

124. Establishment and constitution of the Supreme Court.
125. 124A. Establishment of National Judicial Appointments Commission.
126. 124B. Functions of National Judicial Appointments Commission.
127. 124C. Power of Parliament to make laws regarding judicial appointment process.
128. Salaries of Supreme Court Judges.
129. Appointment of acting Chief Justice.
130. Appointment of ad hoc Judges.
131. Appointment of retired Judges as Supreme Court Judges.
132. Supreme Court is a Court of Record.
133. Seat of the Supreme Court.
134. Original jurisdiction of the Supreme Court.
135. Appeals to the Supreme Court from High Court orders in special cases.
136. Appellate jurisdiction of the Supreme Court in civil matters.
137. Appellate jurisdiction of the Supreme Court in criminal cases.
138. 134A. Certificate for appeal to the Supreme Court
139. Transfer of powers of the Federal Court to the Supreme Court.
140. Special leave to appeal by the Supreme Court.
141. Review of judgments by the Supreme Court.
142. Additional powers to the Supreme Court.
143. Other aspects of the Supreme Court
144. Special powers to issue writs.
145. 139A. Transfer of cases.
146. Ancillary powers of the Supreme Court.
147. Judgments of the Supreme Court are binding on lower courts.
148. Enforcement of decrees of the Supreme Court.
149. President seeking legal advice from the Supreme Court.
150. Civil and judicial authorities to cooperate with the Supreme Court.
151. Rules of the Supreme Court.
152. Appointment of officers of the Supreme Court.
153. Interpretation of constitutional matters.

Chapter - 5 - Comptroller and Auditor General

148. Comptroller and Auditor General.
149. Duties and powers of the Comptroller and Auditor General.
150. Method of accounting for Central and State Accounts.
151. Audit Reports.

Part - 6 - Government in the States

Chapter - 1 - General

152. Definitions

Chapter - 2 - The Executive

153. Governors of States.
154. 154. The Governor is the executive head of the state government.
155. Appointment of Governors.
156. Term of office of Governors.
157. Qualifications for appointment as Governor.
158. Conditions of office of Governors.
159. Oath-taking.
160. Extraordinary Functions.
161. Power to grant pardons to convicts.
162. Extension of the executive power of the State Government.

Council of Ministers of State

163. Responsibility of the Council of Ministers to advise the Governor.
164. Establishment of Council of Ministers - Certain provisions.

Advocate General of the State

165. Appointment of Advocate General.
166. Administrative management of the State Government.
167. The responsibility of the Chief Minister to inform the Governor of all matters.