Tuesday, February 25, 2025

indian polity book series 8(3)

Indian Polity Notes (Complete)

Indian Polity Notes (Complete)

Notes:

  • India's first internationally recognized tourist center - Auroville area.
  • 'New Lamps for the Old' is considered the Bible of extremist literature.
  • Aurobindo Ghosh's other works include Life Divine, Bhavani Mandir, Savitri.
  • Vande Mataram was last sung at the INC session of "1948".

* In which Indian National Congress session was Vande Mataram sung for the first time?

  1. 1896 Calcutta Session
  2. 1908 Madras Session
  3. 1895 Pune Session
  4. 1899 Lucknow Session

(Answer: 1) 1896 Calcutta Session) (As per - 22-02-2019)

Number Category Representation
1. Indian National Congress Nehru, Patel, Rajendra Prasad, Pattabhi Sitaramayya
2. Muslims Sayyid Muhammad Saadulla, Maulana Abul Kalam Azad
3. Sikhs Sardar Baldev Singh, Hukum Singh
4. Anglo-Indians Frank Anthony
5. Parsees Dr. H.P. Modi
6. Hindu Mahasabha Dr. Shyama Prasad Mukherjee, M.R. Jayakar
7. All India Scheduled Castes Federation Dr. B.R. Ambedkar
8. All India Women's Conference Hansa Mehta
9. All India Zamindars' Association Darbhanga Maharaja
10. All India Labour Federation Babu Jagjivan Ram
11. Minorities Dr. H.C. Mukherjee

Following the British tradition of committees, the Constituent Assembly established 22 types of committees for the constitution drafting. Among them, Policy Determining Committees - 10, Subject Determining Committees - 12.

Committee Chairman
Financial and Staff Committee (Policy) Rajendra Prasad
Steering Committee (Policy) Rajendra Prasad
Rules Committee (Policy) Rajendra Prasad
Flag Committee (Ad-hoc) Rajendra Prasad
Union Constitution Committee (Subject) Jawaharlal Nehru
Union Powers Committee (Subject) Jawaharlal Nehru
States Negotiating Committee (Subject) Jawaharlal Nehru
Provincial Constitution Committee (Subject) Vallabhbhai Patel
Provincial Powers Committee (Subject) Vallabhbhai Patel
Advisory Committee (Subject) Vallabhbhai Patel
House Committee (Policy) Bhogaraju Pattabhi Sitaramayya
Chief Commissioners Provinces Committee (Subject) Bhogaraju Pattabhi Sitaramayya
Order of Business Committee (Policy) K.M. Munshi
Supreme Court Ad-hoc Committee (Subject) S. Varadachariar
Credentials Committee (Subject) Alladi Krishnaswamy Ayyar
Constituent Assembly Functions Committee G.V. Mavalankar

Note: The largest committee among the Constituent Assembly Committees - Advisory Committee.

  • In the Advisory Committee, 1 Chairman + 54 members = 55 members were there.
  • The Advisory Committee had four sub-committees.
    1. Fundamental Rights Sub-Committee - J.B. Kripalani
    2. Minorities Sub-Committee - H.C. Mukherjee
    3. North-East Frontier Tribal Areas and Assam Sub-Committee - Gopinath Bardoloi
    4. Other Areas Tribal Areas Sub-Committee - A.V. Thakkar

Drafting Committee / Drafting Committee or Constitution Drafting Committee:

  • This committee was formed on August 29, 1947.
  • The most important committee among the Constituent Assembly committees.
  • The number of members in this committee was 1 Chairman and 6 members.
  • Drafting Committee Chairman - B.R. Ambedkar.
  • Other members:
    1. Gopalaswami Ayyangar
    2. Alladi Krishnaswamy Ayyar
    3. K.M. Munshi
    4. Sayyid Muhammad Saadulla
    5. D.P. Khaitan (died in between)
    6. B.L. Mitter (resigned in between)
  • Those who were appointed in place of the deceased/resigned members -
    • T.T. Krishnamachari (in place of D.P. Khaitan) - The only member among the committee members who had studied law.
    • N. Madhava Rau (in place of B.L. Mitter)
  • * Who was not a member of the Drafting Committee of the Indian Constituent Assembly? (AP SI - 2018)
    1. N. Gopalaswami Ayyangar
    2. N. Madhava Rau
    3. J.B. Kripalani
    4. T.T. Krishnamachari
    (Answer: 3) J.B. Kripalani)

B.R. Ambedkar:

  • Born on April 14, 1891, in Mhow, Madhya Pradesh.
  • Original name given by parents - Ambavadekar Bhimrao.
  • R in 'B.R.' stands for Ramji (father's name).
  • B in 'B.R.' stands for Bhimabai (mother's name).
  • Ambedkar's teacher's name - Ambavadekar - Surname.
  • First graduate in the Mahar caste.
  • Known as the modern Manu.
  • Father of the Indian Constitution.
  • Worked as Chairman of the Drafting Committee.
  • Famous as the architect of the Indian Constitution.
  • In 1932, the Poona Pact took place between Ambedkar and Gandhi. (September 24, 1932)

Institutions established by Ambedkar:

  1. Bahishkrit Hitakarini Sabha - 1924
  2. Samata Sangh - 1927
  3. All India SC Federation - 1942
  4. People's Education Society - 1945

Parties established by Ambedkar:

  1. Independent Labour Party - 1936
  2. Republican Party - 1956

Journals started:

  1. Mook Nayak
  2. Janata
  3. Bahishkrit Bharat

Methods chosen by the Constituent Assembly for policy decisions:

  1. Consensus: Unanimous or near unanimous agreement of all members in decisions.
  2. Coordination Method: If mutual opposition arises between one's own idea and another's idea, giving value to the right opinion with discretion.
  3. Method of Adoption (Compromise):
  • The first person to address the Constituent Assembly was Dr. Sachchidananda Sinha.
  • The last British Governor-General to speak to the Constituent Assembly - Lord Mountbatten.
  • Secretary of the Constituent Assembly - H.V. Iyengar.
  • Chief Draftsman of the Constituent Assembly - N.C. Mukherjee.

Legal Advisor to the Constituent Assembly - B.N. Rau.

B.N. Rau's draft contained 243 articles and 13 appendices.

Note: The first Indian to work in the International Court of Justice was B.N. Rau.

Time taken to prepare the Indian Constitution - 2 years, 11 months, and 18 days.

Time taken for drafting the Indian Constitution - 2 years, 11 months, and 17 days.

The draft constitution contained 315 articles and 8 appendices.

Expenditure incurred for the preparation of the Indian Constitution - 64 Lakhs.

Symbol of the Indian Constituent Assembly - White Elephant (Airavata). A symbol of elephant's strength and power.

The Constituent Assembly adopted the National Flag on - August 22, 1947.

Note: Ratio of length and width in the National Flag is 3:2.

Saffron color in the National Flag (Saffron) symbolizes sacrifice, white color symbolizes truth, green color represents our connection with the soil and green plants.

The designer of the National Flag is Pingali Venkayya.

B.R. Ambedkar was initially elected from Bengal, but lost representation due to the partition of the country. Later, he was nominated from Bombay State.

Somnath Lahiri (Communist Party) lost membership in the Constituent Assembly due to the partition of the country.

Number of nominated members in the Constituent Assembly - 15.

24 Americans participated in the Constitutional debates for 7 days.

Until the Constitution was adopted, the Constituent Assembly met 11 times and conducted proceedings for 165 days.

Members of the Constituent Assembly (284 out of 299 total) signed the Constitution copy on - January 24, 1950.

Day the Draft Constitution was submitted to the Constituent Assembly - November 5, 1947.

Day the Constitution draft was printed and distributed to members and the press - February 21, 1948.

Day the Constituent Assembly started discussing the Draft Constitution - November 4, 1948.

The Constituent Assembly studied approximately 60 countries' constitutions.

The Indian Constitution was beautifully handwritten in English by - Prem Behari Narain Raizada.

Written in Hindi by - Shri Vasant Krishan Vaidya.

Each page was artistically designed to reflect Indian culture by - Nandalal Bose and artists from Shantiniketan.

Although discussions in the Constituent Assembly took place in many languages, the Constitution was written only in Hindi and English.

Amendments proposed to the Draft Constitution - 7635. Of these, the Constituent Assembly resolved - 2473.

The person who proposed the most constitutional amendments - H.V. Kamath.

Hansa Mehta introduced the flag designed by Pingali Venkayya in the Constituent Assembly.

'India is my Motherland' pledge was written by - Paidimarri Venkata Subba Rao.

Prominent leaders who were not members of the Constituent Assembly - Mahatma Gandhi, Muhammad Ali Jinnah.

Shyama Prasad Mukherjee (Bengal) was elected as a member even after losing in the Constituent Assembly elections.

Extraordinary members nominated without contest - Sarvepalli Radhakrishnan, K.T. Shah, Gopalaswami Ayyangar.

Comments and criticisms of prominent figures on the Constituent Assembly:

  • Indian Constitution is a patchwork quilt - Granville Austin.
  • Indian Constitution is a lawyer's paradise - Ivor Jennings.
  • Indian Constitution is lengthy and divine - Ivor Jennings.
  • Weak federation with strong centralizing tendencies - Ivor Jennings.
  • Indian Constitution is a bag of borrowings - Ivor Jennings.
  • Indian Constitution is quasi-federal - K.C. Wheare.
  • Indian Constitution is cooperative federation - Granville Austin.
  • Indian Constitution is a bargaining federation - Morris Jones.
  • Constituent Assembly is a one-party body - Granville Austin.
  • Constituent Assembly is a Hindu-dominated body - Viscount Simon.
  • The Indian Constitution has a nature to function as a federation in normal circumstances and as a unitary in emergencies - B.R. Ambedkar.
  • The Indian Constitution is in a way that fulfills the needs of the Indian people - Nehru.

Sources of the Indian Constitution from the Constitutions of various countries in the world:

1. USA: 2. England Constitution
  • Preamble of the Constitution
  • Fundamental Rights
  • Judicial Review
  • Vice-President Post
  • President as Head
  • Supreme Court
  • Independent Judiciary
  • Administration in the name of the President
  • Procedure for removal of President, Vice-President, Supreme Court, High Court Judges
  • Speaker System, Parliamentary Traditions
  • Cabinet System
  • Single Citizenship
  • President acting as nominal head
  • Issuing of Writs
  • Integrated Judicial System
  • "Rule of Law"
3. Canada: 4. France:
  • Advisory jurisdiction of the Supreme Court
  • Strong Center
  • Working of the Federal system
  • Central dominance over residual subjects
  • Appointment of Governor by the Central Government
  • Republic
  • Pro-Tem Speaker post
  • Liberty, Equality, Fraternity
5. Russia (Soviet Union): 6. Ireland:
  • Fundamental Duties (in 1976)
  • Social, Political, Economic Justice
  • Planning System
  • Directive Principles of State Policy, Proportional Representation System
  • Presidential Election Procedure
  • President nominating 12 members to Rajya Sabha
7. Australia: 8. South Africa:
  • Concurrent List
  • Trade and Commerce Laws, Inter-state Trade
  • Language related matters
  • Joint sitting of both houses
  • Constitutional Amendment Procedure, Rajya Sabha members election procedure
9. Germany: 10. South Korea:
  • Suspension of Fundamental Rights during National Emergency
  • Suspending Fundamental Rights when the President declares a state of emergency.
11. Japan:
  • Law, Procedure Established by Law (Procedure Established by Law).

* The advisory jurisdiction of the Indian Supreme Court is derived from which of the following constitutions? (AP SI – 2018)

  1. American Constitution
  2. Australian Constitution
  3. South African Constitution
  4. Canadian Constitution

(Answer: 4) Canadian Constitution)

* Directive Principles are derived from which constitution? (AP Constable - 2019)

  1. America
  2. Britain
  3. France
  4. Ireland

(Answer: 4) Ireland)

* What is the main basis for the Indian Constitution? (AP Constable – 2016)

  1. American Constitution
  2. French Constitution
  3. British Constitution
  4. Government of India Act - 1935

(Answer: 4) Government of India Act - 1935)

Schedules in the Indian Constitution

* Which of the following schedules in the Indian Constitution contains matters related to Municipal Corporations?

  1. 12th Schedule
  2. 9th Schedule
  3. 11th Schedule
  4. 10th Schedule

(Answer: 1) 12th Schedule) (AP Constable - 2018)

* In which of the following years was the 52nd Constitutional Amendment Act related to the prohibition of defections passed?

  1. 1980
  2. 1985
  3. 1989
  4. 1991

(Answer: 2) 1985) (AP Constable – 2018)

1st Schedule: Describes the territory of India (States, Union Territories in the country).

2nd Schedule: Salaries, allowances, and privileges of dignitaries.

3rd Schedule: Oath of office and responsibilities of dignitaries like President, Vice-President, Governor, etc.

4th Schedule: Details of allocation of seats to states in Rajya Sabha.

5th Schedule: Administration of Scheduled Tribes and areas.

6th Schedule: Administration of tribal areas in the states of Assam, Meghalaya, Tripura, Mizoram.

7th Schedule: Jurisdiction of legislative powers of the Union and States, details of three lists.

8th Schedule: Officially recognized languages of the Constitution (Initially 14, currently 22).

9th Schedule: Laws related to land reforms - 9th Schedule was added to the Constitution in 1951 through the First Constitutional Amendment. There is no power to conduct judicial review in court on the matters in the 9th Schedule.

  • Matters in this schedule do not come under the jurisdiction of the court. However, in a judgment (Coelho/Tamil Nadu, 2007), the Supreme Court stated that the 9th Schedule also comes under judicial review.

10th Schedule: Anti-Defection Law - This 10th Schedule was added to the Constitution through the 52nd Amendment (1985). According to the Supreme Court's judgment, party whips apply only to motions of confidence and no-confidence. The Anti-Defection Law does not apply to Speaker, Deputy Speaker, Deputy Chairman. 2003, 91st Constitutional Amendment Act Anti-Defection Law, Amendment Act.

11th Schedule: Powers and functions of Panchayat Raj - In 1992, the 11th Schedule was added through the 73rd Constitutional Amendment. About this, 29 powers are added in Article 243 (G) of the Constitution.

12th Schedule: Powers and functions of Municipalities - About these, 18 functions are added in Article 243 (W) of the Constitution. Their term, functions. In 1992, the 12th Schedule was added to the Constitution through the 74th Constitutional Amendment.

* Schedules were proposed at the end of the Constitution. Schedule means appendix. In this, explanations / interpretations / additional information related to the Constitution are included.

Parts of the Constitution - 25

Part No. Topic Articles (Sections)
1 Territory of India, States, Union Territories 1 - 4
2 Citizenship 5 - 11
3 Fundamental Rights 12 - 35
4 Directive Principles of State Policy 36 - 51
4A Fundamental Duties (Added by the 42nd Constitutional Amendment, 1976) 51 A
5 The Union Government 52 - 151
6 The State Governments 152 - 237
7 (Deleted by the 7th Constitutional Amendment, 1956) 238
8 Union Territories 239 - 242
9 Panchayat System (Added by the 73rd Amendment) 243 A - 243 O
9A Municipalities, Nagar Palika (Added by the 74th Amendment) 243 P - 243 ZG
9B Formation of Cooperative Societies (Added by the 97th Constitutional Amendment) 243 ZH - 243 ZT
10 Scheduled and Tribal Areas 244 - 244 A
11 Union-State Legislative and Administrative Relations 245 - 263
12 Financial Relations between the Union and States 264 - 300 A
13 Trade, Commerce and Intercourse within the territory of India 301 - 307 A
14 Services Under the Union and the States 308 - 323 A
14 A Administrative Tribunals (Added by the 42nd Amendment - 1976) 323 A, B
15 Elections 324 - 329 A
16 Special Provisions Relating to Certain Classes 330 - 342
17 Official Languages 343 - 351
18 Emergency Provisions 352 - 360
19 Protection of President and Governors, Miscellaneous Items 361 - 367
20 Amendment of the Constitution 368
21 Temporary, Transitional and Special Provisions 369 - 392
22 Title - Authoritative text in Hindi and Repeals 393 - 395

Currently there are 25 parts - (4A, 9A, 9B, 14A are additions).

Part 7 and Part 9 of the original constitution were repealed by the 7th Constitutional Amendment in 1956.

Part 9 was reintroduced by the 73rd Constitutional Amendment Act in 1992.

A Part signifies a collection of constitutional provisions related to a single topic.

Newly added parts in the Indian Constitution - 4 (4A, 9A, 9B, 14A).

Smallest part in the Indian Constitution - Part 20.

Largest part in the Indian Constitution - Part 5.

Salient Features of the Indian Constitution

(SALIENT FEATURES OF THE INDIAN CONSTITUTION)

General and Unique Features:

Every written constitution in the world has general and unique features.

The political, cultural, and historical conditions prevailing in the country at the time of drafting the constitution are reflected in these features. Such features are abundant in the Indian Constitution as well.

  1. Largest Written Constitution
  2. Rigid and Flexible Constitution
  3. Federal and Unitary State
  4. Citizenship
  5. Fundamental Rights
  6. Directive Principles
  7. Fundamental Duties
  8. Parliamentary Form of Government
  9. Federal System with Unitary Features

* In which of the following years did Indian citizens who completed 18 years of age use their voting right for the first time in the general elections held for the Lok Sabha?

  1. 1984
  2. 1996
  3. 1991
  4. 1989

(Answer: 4) 1989) (AP Constable - 2018)

* Identify the incorrect statement among the following.

  1. India has Direct Democracy
  2. India has a Federal System of Government
  3. India is a Republic
  4. India is a Secular State

(Answer: 1) India has Direct Democracy) (AP Constable - 2018)

1. Largest Written Constitution:

The Indian Constitution is the largest written constitution in the world.

When the constitution came into force, i.e., on January 26, 1950, it had 395 articles, 22 parts, and 8 schedules. The total number of pages was 403. The number of English words was 1,17,369.

Currently, there are 470 articles, 25 parts, 12 schedules, and 5 appendices.

Note: Numbered Articles - 395, Numbered Parts - 22.

2. Citizenship:

India provides single citizenship to its citizens.

Dual citizenship is in force in America and Switzerland.

3. Rigid - Flexible Constitution:

Flexible Constitution: A constitution is called flexible if the same procedure used for making ordinary laws is followed for constitutional amendments.

Rigid Constitution: A constitution is called rigid if a special difficult procedure is required for constitutional amendments.

The Indian constitutional amendment procedure is borrowed from the South African Constitution.

Constitutional amendment is explained in Article 368 in Part 20 of the Constitution.

There are three types of methods in the constitutional amendment procedure. They are -

  1. Parliament can amend some provisions of the constitution with a simple majority (1/2 majority).

    Example: Formation of new states, changing the names and boundaries of states.

  2. Parliament amends some provisions of the constitution with a unilateral special majority (2/3 majority).

    Example: Amending Directive Principles, Fundamental Rights.

  3. If, along with a 2/3rd majority in Parliament, more than half of the state legislatures ratify with a simple majority, then some provisions of the constitution can be amended.

    Example: Procedure for presidential election, Union-State relations, matters related to the Supreme Court.

4. Federal Unitary State:

Article 1 of the Constitution declares India as a Union of States (Union of States).

Features of a Federal State: Written constitution, distribution of powers, independent judiciary, rigid constitution.

The term 'Federal State' is nowhere in the Constitution.

Residual powers empowering the central government are given to the center.

Both the state and the center have the power to legislate on items in the Concurrent List. But ultimate authority rests with the central government.

Residual powers belonging to the central government is a feature of a unitary state.

Ambedkar described the Indian Constitution as a 'highly centralized federal state'.

Federal and Unitary features in the Indian Constitution:

Federal Features Unitary Features
1. Division of powers between Center and States 1. Single Citizenship
2. Written Constitution 2. All India Services
3. Bicameral Legislature 3. Governor System
4. Independent Judiciary 4. Central Supremacy over States
5. Dual Governments 5. Single State
6. Constitutional Supremacy 6. Residual Powers belong to the Center
7. Integrated Judiciary
8. President's Emergency Powers

5. Socialist, Secular State Features:

The Preamble of the Indian Constitution declares India as a Secular State.

"The state does not exhibit special favorable or unfavorable attitude towards any particular religion."

In 1976, the words 'Socialist', 'Secular', and 'Integrity' were added to the Preamble through the 42nd Constitutional Amendment.

Socialism means establishing a society of equals, minimizing the gaps between rich and poor, and government control over production forces.

6. Universal Adult Suffrage:

Article 326 grants voting rights to all citizens of India without discrimination based on caste, religion, color, language, region, property, or gender.

When the constitution came into force, the eligibility age for voting was 21 years. In 1988, the minimum voting age was reduced to 18 years through the 61st Constitutional Amendment. (Effective from March 28, 1989)

* Constitutional Amendment Act that reduced the voting age from 21 to 18 years

  1. 69th Constitutional Amendment Act
  2. 61st Constitutional Amendment Act
  3. 63rd Constitutional Amendment Act
  4. 66th Constitutional Amendment Act

(Answer: 2) 61st Constitutional Amendment Act) (AP Constable - 2019)

Assertion (A): Citizens in a federal country generally have dual citizenship. Although India is a federal country, Indian citizens have single citizenship.

Reason (R): India adopts a single citizenship policy with the aim of suppressing disruptive forces and protecting national integration.

Choose the correct answer:

  1. (A) and (R) are both true and (R) is the correct explanation for (A)
  2. (A) and (R) are both true but (R) is not the correct explanation for (A)
  3. (A) is true and (R) is false
  4. (A) is false and (R) is true

(Answer: 1) (A) and (R) are both true and (R) is the correct explanation for (A))

7. Parliamentary Government System:

The Indian Constitution established 'Westminster' style parliamentary governments in both the center and the states.

In the center, the President, and in the state, the Governor, act as nominal executive heads.

Indian Parliament House

Image of Indian Parliament House (Example, replace with local image if needed)

The Council of Ministers headed by the Prime Minister at the center, and the Council of Ministers headed by the Chief Minister in the state, hold real executive powers.

8. Fundamental Rights:

Like the American Constitution, the Fundamental Rights are enshrined in Part III of the Indian Constitution, from Articles 12 to 35.

The original constitution had seven fundamental rights.

But through the 44th Constitutional Amendment in 1978, the Right to Property was removed from the list of Fundamental Rights. So, currently, there are only 6 fundamental rights.

These rights stand as proof of equilibrium between constitutional supremacy and parliamentary sovereignty.

9. Fundamental Duties:

The original constitution did not mention Fundamental Duties.

In 1976, through the 42nd Constitutional Amendment, ten duties were incorporated in Article 51A in Part 4A of the Indian Constitution.

Later, through the 86th Constitutional Amendment Act (2002), another fundamental duty was added. With this, their number reached 11.

10. Directive Principles:

Directive Principles are enshrined in Part IV, from Articles 36 to 51.

These are guiding principles given to the central and state governments to achieve the noble ideals in the Preamble of the Constitution.

Their main purpose is to establish a socialist pattern of society. However, these principles are not enforceable by law.

11. Division of Powers:

Although the Indian Constitution declared the country as a Union of States, the distribution of powers is constitutionally mandated.

Powers are divided into three lists.

These lists are the Union List, State List, and Concurrent List.

12. Sovereign, Socialist, Secular, Democratic Republic:

As mentioned in the Preamble of the Constitution, our constitution established a Sovereign, Socialist, Secular, Democratic Republic.

Internally, it has supreme authority, and externally, it has independent authority in foreign affairs. It is not subordinate to any foreign power.

People are the source of constitutional systems and power.

The President, Prime Minister, and other representatives are elected by the people for a fixed term.

13. Bicameral Legislature:

According to the Constitution, the central parliament has a bicameral system.

The lower house of Parliament is called the Lok Sabha and the upper house is called the Rajya Sabha. However, in states, the bicameral system is optional.

Currently, only six states have a bicameral system. (Recently, with the conversion of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh, the state legislature of that state was also abolished.)

The lower house in a state is called the Legislative Assembly (Vidhan Sabha), and the upper house is called the Legislative Council (Vidhan Parishad).

14. Central Supremacy During Emergency:

Articles 352 to 360 in Part 18 of the Constitution describe emergency provisions.

* These special powers can be exercised when the unity, integrity, security, and sovereignty of the country are threatened.

Three types of emergencies are mentioned. They are:

  1. National Emergency (Article 352)
  2. Constitutional Emergency (President's Rule) (Article 356)
  3. Financial Emergency (Article 360)

Preamble of the Constitution (Preamble):

The Indian Constitution begins with the Preamble.

It can be called the introduction to the Indian Constitution.

The Preamble is also known as the preface, foreword, summary, abstract, keynote, and preamble.

The Preamble is like a mirror to the Constitution.

The Preamble reveals the philosophical foundations of the Constitution.

The Preamble is the essence of the basic features of the Constitution.

Author of the Preamble - Nehru (Proposed).

* Consider the following items related to National Integration.

  1. 'We, the people of India' begins the Preamble of the Indian Constitution (Preamble).
  2. Indian Constitutional Directive (Directive) Principles direct states to take actions towards ensuring equality, justice, and freedom for all.

Select the correct answers.

  1. Both A and B are correct
  2. Both A and B are incorrect
  3. Only A is correct
  4. Only B is correct

(Answer: 3) Only A is correct) (TSLPRBT-2018)

Basis of the Preamble:

The 'Objectives Resolution' introduced by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, is the main basis.

Liberty, Equality, Fraternity, which influenced the French Revolution (1789), served as inspiration for the Preamble.

The ideas of Social, Economic, and Political Justice included in the Preamble are borrowed from the Russian Revolution (1917).

The concept of the Preamble is adopted from the American Constitution.

The Preamble of the Constitution reveals the objective of the Indian Constitution.

The Preamble of the Constitution:

“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 twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Note: Sculptor who carved the Preamble of the Indian Constitution (Art of work) - Nandalal Bose.

Preamble means a constructive index.

Total words in the Preamble - 73.

Real artist of the Preamble (Artwork) - Beohar Ram Manohar Sinha.

Main word in the Preamble - We, the People of India.

Preamble became law on - November 26, 1945 (Typo in original text, should be 1949), November 26, 1949.

Key Points Seen in the Preamble:

  1. Source of Authority in India - The People
  2. Nature of the Government - Sovereign, Socialist, Secular, Democratic, Republic

6. Justice:

Articles - 17, 23, 24, 38, 39d, 326

The framers of the Constitution adopted the concept of social, economic, and political justice inspired by the 'Russian Revolution' (1917). These are -

  1. Social Justice: Social justice means not showing any discrimination among people socially.

    Example: Article 17 prohibits untouchability.

  2. Economic Justice: Economic justice means providing equal opportunities to all without discrimination in the economic sphere.

    Example: Article 39(d) provides for equal pay for equal work.

  3. Political Justice: Political justice means providing equal opportunities to all in the political sphere.

    Example: Right to vote (Article 326), right to contest elections, right to get government jobs.

7. Liberty:

Articles - "19 - 22"

Liberty means the absence of any restrictions on a citizen's participation in various fields.

Liberty is present in 5 aspects in the Preamble. They are -

  1. Liberty of Thought
  2. Liberty of Expression
  3. Liberty of Belief
  4. Liberty of Faith
  5. Liberty of Worship

8. Equality:

Article 39 in the Directive Principles explains about this.

Equality means providing equal opportunities to all in various fields.

The preamble provides for two types of equality: equality of status and opportunity.

The first of the Fundamental Rights, the Right to Equality (Articles 14 to 18), enshrines this.

9. Integrity:

This word was added to the Preamble in 1976 through the 42nd Constitutional Amendment.

The aspect of protecting national integrity is included in the Fundamental Duties.

Integrity promotes national feeling among people.

10. Fraternity:

Fraternity means brotherhood. It signifies equality among people within the country and equality among countries externally.

11. National Unity:

Note: According to Ambedkar's idea, this word was included in the Preamble.

* In which of the following cases did the Supreme Court of India rule that Parliament does not have the power to amend the basic features of the Indian Constitution?

  1. Golaknath Case, 1967
  2. Kesavananda Bharati Case 1973
  3. A.K. Gopalan Case 1950
  4. Champakam Dorai Rajan Case, 1951

(Answer: 1) Golaknath Case, 1967) (AP Constable-2019)

Basic Structure Doctrine of the Constitution:

In the Golaknath Case (1967), the Supreme Court ruled that Parliament does not have the power to amend Fundamental Rights under Article 368, and that only the Constituent Assembly has this power.

To overcome this, Parliament, through the 24th Constitutional Amendment Act (1971) through 13(2), abolished the power of the Supreme Court to declare constitutional amendment laws invalid.

In the Kesavananda Bharati Case (1973), the 24th Constitutional Amendment Act was challenged. In this case, the Supreme Court opined that Parliament has the power to amend any part, including Fundamental Rights.

However, it declared that Parliament does not have the power to change the basic structure of the constitution, thus imposing a limit on Parliament.

Basic elements of the Constitution declared by the Supreme Court in this case:

  1. Supremacy of the Constitution
  2. Democratic, Republican polity
  3. Secularism
  4. Separation of Powers
  5. Federalism
  6. Sovereignty

In the Indira Gandhi VS Rajnarayan case (1975), Justice Chandrachud of the Supreme Court declared the basic structure features as:

  1. Equal status and opportunities
  2. Freedom of Conscience
  3. Rule of law

In the Minerva Mills Case (1980), Justice Chandrachud declared the basic structure elements of the Constitution based on the preamble as:

  1. Limited power of Parliament to amend the Constitution
  2. Judicial Review
  3. Balance between Fundamental Rights and Directive Principles

The basic structure doctrine of the Constitution was first introduced in the Sajjan Singh vs. State of Rajasthan case, by Justice Janardhan Raghunath Madholkar.

The preamble of the Constitution is not the source of the basic structure of the Constitution - Justice Chandrachud.

Based on the preamble, it can be examined whether constitutional amendments are valid or not; the preamble is a yardstick for constitutional amendments - Justice Beg.

Justice Y. V. Chandrachud

Justice Y. V. Chandrachud (Example image, replace with local if needed)

Justice Y.V. Chandrachud served as the longest-serving Chief Justice of India.

- Justice Y.V.

Indian Union - Territories

Currently, the number of States in the country - 28, Union Territories - 8

Part 1 of the Constitution deals with the Indian Union and its territories.

Articles 1 to 4 describe the scope of Indian territory.

First Article

Name of India in the Indian Constitution - India, Bharat.

Our country's name is mentioned as India, that is Bharat. India is declared as a Union of States.

The word 'Federation' is nowhere in the Constitution.

In the Indian Constitution, India is referred to as the Union/Federation/Union of States.

The words Union/Federation are adopted from Canada.

Second Article

According to this, Parliament can, by law, annex new territories, transfer territories to other countries, and change the area and boundaries of existing states, and establish new states.

  1. Through the 9th Constitutional Amendment (1960), the Berubari region was transferred to Pakistan.
  2. Through the 35th Constitutional Amendment (1975), Sikkim was incorporated into India as a state.

Third Article

Describes the reorganization of states.

This bill can be introduced in either house of Parliament.

Through this -

  1. A new state can be formed from one state.
  2. Two or three states can be combined to form a state.
  3. The area of a state can be reduced, boundaries can be changed.
  4. The names of states can be changed.

The President's prior consent must be obtained for all of the above. Parliament can approve these with a simple majority.

In the case of a State Reorganization Bill, if one house approves and another house does not, a joint sitting of both houses is not convened.

Union of States / Federation / Union means states are separate but not separable.

In the case of State Reorganization Bills, the President seeks the consent of the states concerned.

Fourth Article

If amendments are made to the 2nd provision (Article) and 3rd provision (Article), the 1st Schedule and 4th Schedule must also be amended.

Formation of Linguistic States

  1. Pioneers to attempt - Bengalis.
  2. First people to attempt - Andhras.

Various Committees - Commissions:

* S.K. Dhar Commission (June 1948):

  • Appointed by the Constituent Assembly. Its chairman - S.K. Dhar (Judge of Uttar Pradesh High Court).
  • Members included Pannalal, Jagat Narayan Lal.
  • This commission rejected linguistic states.

J.V.P. Committee (1948-1949):

  • This was appointed by the Indian National Congress.
  • Members of this committee - Jawaharlal Nehru (J), Vallabhbhai Patel (V), Pattabhi Sitaramayya (P).
  • Merger of Andhra region in Madras - 1803 Act, 1806 Enforcement Act, Wellesley G.G.
  • This committee also rejected linguistic states. But stated that the demand of Telugus could be considered.

Developments between 1951-1953:

For the formation of Andhra State, Gollapudi Sitaramasastri undertook a fast-unto-death from August 15, 1951, to September 20 for 35 days. He ended the fast on the advice of Acharya Vinoba Bhave.

On October 19, 1952, at Bulusu Sambamurthy's residence in Madras, Sri Potti Sriramulu started a fast-unto-death and died on the 58th day on December 15, 1952.

People in the Andhra region launched intense protests.

* On December 19, 1952, Nehru announced the formation of a separate Andhra State.

Wanchoo Committee (1953):

  • In 1953, a committee was constituted under the chairmanship of Kailasnath Wanchoo, former Chief Justice of Rajasthan High Court, regarding the modalities for the formation of Andhra State.
  • Resolution was passed in 1927 Madras INC regarding the formation of linguistic states.

Formation of Andhra State:

To suggest modalities for the formation of Andhra State, the Central Government constituted the "Kailasnath Wanchoo" Committee on February 7, 1953.

Andhra State was formed on October 1, 1953, with 11 districts - Coastal Andhra-7, Rayalaseema-4 districts.

First state formed on a linguistic basis in India - Andhra State.

First linguistic university in the country - Andhra University.

Capital of Andhra State "Kurnool", High Court "Guntur" (1954).

First Chief Minister of Andhra State "Tanguturi Prakasam Pantulu".

First Deputy Chief Minister of Andhra State "Neelam Sanjiva Reddy".

First Governor of Andhra State "Chandulal Trivedi".

First Speaker of the Andhra State Legislative Assembly "N. Venkatramayya".

Chief Justice of Andhra State "Koka Subba Rao". (First Andhraite to contest for President).

2nd and last Chief Minister of Andhra State "Bezawada Gopala Reddy". (1955-56).

Bezawada Gopala Reddy was the Chief Minister of Andhra State when Andhra Pradesh was formed.

Fazl Ali Commission:

In 1953, Fazl Ali Commission was constituted with two members (K.M. Panikkar, H.M. Kunzru) under the chairmanship of Fazl Ali.

This is called the first "SRC".

Submitted the report in 1955.

Recommended reorganization of states.

Based on this, Parliament enacted the States Reorganization Act in 1956.

Also made the 7th Constitutional Amendment.

Through this amendment, Part 7 was removed from the Constitution. Thus, various category states were abolished.

With this, 14 states and 6 union territories were formed in the country.

Andhra Pradesh was formed as part of the reorganization of states.

Andhra Pradesh was formed on November 1, 1956, by merging Telangana in Hyderabad State.

States (14), Union Territories (6) formed under the States Reorganization Act (1956):

States Union Territories
1. Andhra Pradesh 1. Andaman and Nicobar Islands
2. Assam 2. Himachal Pradesh
3. Bihar 3. Delhi
4. Bombay 4. Manipur
5. Jammu & Kashmir 5. Tripura
6. Kerala 6. Lakshadweep, Minicoy, and Amindivi Islands
7. Madhya Pradesh
8. Madras
9. Mysore
10. Odisha
11. Punjab
12. Rajasthan
13. Uttar Pradesh
14. West Bengal

Signatories to the Agreement:

Burgula Ramakrishna Rao, Konda Venkata Ranga Reddy, J.V. Narsing Rao, Bezawada Gopala Reddy, Alluri Satyanarayana, Neelam Sanjeeva Reddy, Sardar Gouthu Latchanna, Marri Chenna Reddy.

Key Points in the Agreement:

  • In the case of Chief Ministers and Deputy Chief Ministers, if one belongs to the Andhra region, the other should belong to the Telangana region, it was stated.
  • A separate regional board should be set up for the development of Telangana.
  • A High Court bench should be set up between Guntur and Vijayawada.
  • The revenue generated in the Hyderabad region should be spent for the development of this region, it was stated.

Andhra State Formation Day - November 1, 1956.

As per the recommendation of the Parliament Committee, the name was decided as "Andhra Pradesh".

First linguistic state - Andhra Pradesh.

States celebrating State Formation Day on November 1 along with Andhra Pradesh -

  1. Kerala
  2. Karnataka
  3. Madhya Pradesh
  4. Chhattisgarh
  5. Haryana

Andhra Pradesh was formed with 20 districts (Coastal Andhra 7, Rayalaseema 4, Telangana 9) on November 1, 1956.

Prakasam (1970) as the 21st district, Ranga Reddy (1978) as the 22nd district, Vizianagaram (1979) as the 23rd district were formed.

Capital and High Court of Andhra Pradesh - Hyderabad.

First Chief Minister of Andhra Pradesh - Neelam Sanjiva Reddy, First Deputy Chief Minister - K.V. Ranga Reddy.

First Governor of Andhra Pradesh - C.M. Trivedi, First Chief Justice of High Court - Koka Subba Rao.

First Speaker of the Andhra Pradesh Legislative Assembly - Ayyadevara Kaleswara Rao.

States Formed After 1956

Gujarat (1960): By bifurcating Bombay State, Gujarat was formed as the 15th state. Bombay State was renamed as Maharashtra.

Nagaland (1963): By reorganizing Assam State, Naga Hills and Tuensang areas were combined to form Nagaland as the 16th state.

Haryana (1966): By reorganizing Punjab State, the Hindi-speaking region was formed as Haryana as the 17th state. As per the 'Shah' Commission recommendations, Chandigarh was made the joint state capital and recognized as a Union Territory.

Himachal Pradesh (1971): By granting statehood to Himachal, a Union Territory in some parts of Punjab, it was formed as the 18th state.

Manipur (1972): Three new states were formed through the North-Eastern States Reorganization Act. Manipur, a Union Territory, was formed as the 19th state.

Tripura (1972): Tripura, a Union Territory, was converted into the 20th state.

Meghalaya (1972): Meghalaya, which was a sub-state within Assam, was formed as the 21st state. Statehood was granted to Meghalaya through the 22nd Constitutional Amendment in 1969.

Sikkim (1975): Sikkim was formed as the 22nd state through the 36th Constitutional Amendment. Special protection was given to Sikkim under Article 371F. The dynasty that ruled Sikkim until 1947 - Chogyal.

Mizoram (1987): Mizoram, a Union Territory, was formed as the 23rd state through the 53rd Constitutional Amendment.

Arunachal Pradesh (1987): Arunachal Pradesh, a Union Territory, was formed as the 24th state through the 55th Constitutional Amendment. Arunachal Pradesh was called the North East Frontier Agency (NEFA).

Goa (1987): The Portuguese handed over Goa to India in 1961. Goa, Daman, and Diu were combined to form Union Territories through the 12th Constitutional Amendment in 1962.

Through the 56th Constitutional Amendment (1987), Goa, a Union Territory, was formed as the 25th state.

Chhattisgarh (2000): By reorganizing Madhya Pradesh State, Chhattisgarh was formed as the 26th state on November 1, 2000.

Uttarakhand (2000): By reorganizing Uttar Pradesh, Uttarakhand was formed as the 27th state on November 9, 2000.

Jharkhand (2000): By reorganizing Bihar State, Jharkhand was formed as the 28th state on November 15, 2000.

Telangana (2014): By reorganizing Andhra Pradesh State, Telangana State with 10 districts was formed on June 2, 2014. Telangana is the 29th state in the country.

Note: With Jammu & Kashmir State being converted into a Union Territory from October 31, 2019, the number of states has decreased to 28.

Union Territories

  1. Puducherry (1962): Puducherry, Karaikal, Mahe, Yanam were acquired from the French in 1954 and declared as a Union Territory through the 14th Constitutional Amendment Act (1962). In 2006, the name Pondicherry was changed to Puducherry.
Puducherry Raj Nivas

Puducherry Raj Nivas (Example image, replace with local if needed)

1956 తర్వాత ఏర్పడిన రాష్ట్రాలు (cont.)

  1. Dadra and Nagar Haveli (1961): Dadra & Nagar Haveli was acquired from the Portuguese in 1954 and formed as a Union Territory through the 10th Constitutional Amendment (1961).
  2. Daman and Diu (1962): Goa, Daman, and Diu under Portuguese control were acquired and these were recognized as Union Territories through the 12th Constitutional Amendment (1962). In 1987, Goa was reorganized into a state, and Daman and Diu continued as Union Territories.

Note: Dadra and Nagar Haveli, Daman and Diu were merged on January 26, 2020. Dadra and Nagar Haveli and Daman and Diu were jointly converted into a Union Territory. With this, the number of Union Territories has decreased to 8. Its new capital - Daman. About the administration of Union Territories (Part VIII Articles 239-241 are included.)

  1. Delhi: Delhi was formed as a Union Territory in 1956. As per the 69th Constitutional Amendment Act (1992), Delhi was declared as the National Capital Territory (NCT).
  2. Lakshadweep (1956): Lakshadweep Islands were declared as a Union Territory by the States Reorganization Act (1956).
  3. Andaman and Nicobar Islands (1956): Andaman and Nicobar Islands were declared a Union Territory by the States Reorganization Act (1956).
  4. Chandigarh (1966): When Haryana was separated from Punjab, Chandigarh was declared a Union Territory as per the Shah Committee recommendations and was declared the joint capital of Punjab and Haryana states.
  5. Jammu and Kashmir (2019): By repealing Article 370 of the Constitution, Ladakh was separated from the erstwhile state of Jammu and Kashmir, and Jammu and Kashmir was declared a Union Territory in August 2019. Jammu and Kashmir came into existence as a Union Territory on October 31, 2019.
  6. Ladakh (2019): By repealing Article 370, Jammu and Kashmir State was declared as Union Territories Jammu and Kashmir and Ladakh. Ladakh came into existence as a Union Territory on October 31, 2019.

Special Statehood Movements in the Country - Ongoing Regions

1. Bodoland - Bodoland
2. Kodagu - Kodagu
3. Vidarbha - Vidarbha
4. Saurashtra - Saurashtra
5. Uttar Pradesh - Harit Pradesh, Paschim Pradesh, Avadh Pradesh, Purvanchal
6. Madhya Pradesh - Vindhya Pradesh
7. Bihar - Mithilanchal, Kosal
8. Kerala, Karnataka borders - Tulu Nadu
9. West Bengal - Gorkhaland
10. Jammu Kashmir - Jammu State
11. Odisha - Kosal
12. Ladakh - Ladakh
13. Rayalaseema - Rayalaseema State
14. Telangana - Separate Telangana State

States / Union Territories with Changed Names

1. 1950 United Provinces - Uttar Pradesh
2. 1956 Travancore-Cochin - Kerala
3. 1959 Madhya Bharat (Central Provinces) - Madhya Pradesh
4. 1960 Bombay - Maharashtra
5. 1968 Madras - Tamil Nadu
6. 1973 Laccadive, Minicoy, Amindivi - Lakshadweep
7. 1973 Mysore - Karnataka
8. 2006 Uttaranchal - Uttarakhand
9. 2007 Orissa - Odisha
10. 2011 Burma - Myanmar
11. 2011 West Bengal - Paschim Banga (Currently suggesting “Bangla” name.)

* Which of the following is not correct regarding a bill intended to form a new state?

  1. Must be introduced in Parliament with the prior consent of the President.
  2. The bill should be introduced first in the Rajya Sabha only.
  3. A simple majority in both houses of Parliament is required for the bill.
  4. The bill does not fall under Article 368.

(Answer: 2) The bill should be introduced first in the Rajya Sabha only.) (AP SI – 2016)

By at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)