India's Constitution: A Historical Overview
India's Constitution: A Historical Overview
• The constitution of India was enhanced by a Constituent Assembly set up under the
Cabinet Mission Plan, 1946.
• Sachidananda Sinha presided over the inaugural meeting of the Constituent Assembly of
India.
• B.R. Ambedkar was the Chairman of the Drafting Committee of the Indian Constitution.
• Dr. B.R. Ambedkar is known as the Father of the Indian Constitution.
• The Constituent Assembly for undivided India first met on 9th December, 1946.
• Dr. B.N. Rao was the Constitutional adviser to the Constituent Assembly.
• The Idea of the Constitution of India was first given by M.N. Rao.
• India became Sovereign, Democratic & Republic on 26 january 1950.
• Government of India Act, 1919 made the Indian Legislature bicameral. (Montague –
Chelmsford Reforms)
• Indian Councils Act,1909 (Morley-Minto Reforms) was the first attempt at introducing a
representative and popular element in administration. Lord Minto came to known as
Father of Communal Electorate.
• Indian Constitution Day is 26 November (1949).
• The Constitution names our country as India, that is Bharat. @SolutionsAndTricks
• India represent Indirect/Representative Democracy.
Note: Minimum permissible age for Employment in any factory or mine is 14 years.
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Note: Indian Constitution recognises minorities on the basis of religion. AndTricks
Note: U.S.A has the briefest Constitution in the world.
239A Creation of local Legislatures or Council of According to Section 13 of the J&K Reorganisation
Ministers or both for certain Union Act, 2019, the provisions contained in article 239A,
territories. which are applicable to “Union territory of
Puducherry”, shall also apply to the “Union territory
of Jammu & Kashmir”.
239AA Special provisions with respect to Delhi. The Supreme Court (SC) delivered a split verdict on
the contentious issue of division of powers between
the Delhi government and the Central government
over control of services, covering issues like
transfer of officials, and referred the matter to a
larger bench.
240 Power of President to make regulations for The Union Cabinet, under Article 240 of the
certain Union territories. Constitution, approved the promulgation of the
Daman and Diu Civil Courts (Amendment)
Regulation, 2019, and the Dadra and Nagar Haveli
(Civil Courts and Miscellaneous Provisions)
Amendment Regulation, 2019.
243 Panchayti Raj System
243A Gram Sabha The Ministry of Panchayati Raj has directed all the
States and Union Territories to organise Special
Gram Sabhas and Mahila Sabhas (Women’s
Assemblies) in all Gram Panchayats on 8th March,
2020 to mark the International Women’s Day.
243K Elections to the Panchayats The Andhra Pradesh Panchayat Raj (Second
Amendment) Ordinance, 2020 has reduced the
term of State Election Commissioner from 5years to
3years and thereby removed the incumbent State
Election Commissioner.
246A Provisions of Goods and Services Tax
(GST)
267 Contingency Fund of India as well as each
State
269A Goods and Services Tax (GST) on Inter-
state trade
312 All-India Services (appointed under the signature of President)
343 Prescribes Hindi in Devanagari script as the
official language of Union
351 To promote the spread of Hindi language
352 Proclamation of Emergency (National Has been declared three times till now. It must be
Emergency) approved by the Parliament within one month.
During this Art. 20 & Art. 21 can not be suspended
356 State Emergency (President's rule) It means state is ruled by the Govennor of the state.
President Rule can be Imposed for period of 6
month.
360 Provisions as to Financial Emergency.
370 Temporary provision with respect to the
state of Jammu and Kashmir.
377 Unnatural offences (intercourse against the
order of nature) {LGBT}
Note: At the time of commencement there was 22 part, 395 articles & 8 schedule.
Important Costitutional Amendment Acts:
Fundamental Duties: Total number of fundamental duties mentioned in the constitution is 11.
Fundamental duties are no more than meant to create psychological consciousness (No
enforecement) among the citizens and of education value also they are primarily moral
duties .Supreme Court confer special responsibility for enforcement of Fundamental Right.
Respect for national flag and National Anthem is fundamental duty of every citizen.
Note: Parliament has no power to repeal Fundamental Rights Because they are Part of basic structure of
essential framework of the constitution.
Right to Constitutional Remedies: was described as 'The Heart And Soul' of the Constitution
by Dr. B.R. Ambedkar which comes under fundamental right. It is available to all persons in
case of infringement of any fundamental right. It includes 5 Writs:
1. Habeas Corpus: 'To have a body of' i.e. issued by the court in case for illegal detention
of a person. It may be issued to enforce a Fundamental Right. Habeas
Corpus is a bulwark of personal freedom.
2. Mandamus: 'We order or we command' (issued against public authority) i.e. the
Court can direct the Government to do or not to do a thing.
3. Prohibition: 'To forbid' i.e. prevention
4. Certiorari: 'To be informed' (it is cure)
5. Quo warranto: 'What is your authority' i.e. issued by the court to quash the
appointment of a person to a public office
Election of the President: The President is elected by the members of an electoral college
consisting of the elected members of both the Houses of Parliament (Lok Sabha and Rajya
Sabha) and State Legislative Assemblies by means of single transferable vote.Cheif Justice Of
India administers the Oath to the President. If the Cheif Justice is not available, he takes oath
in presence of the senior-most judge of the Supreme Court. Minimum Age required to contest
for Presidentship is 35 years.
Note: M. Hidayatullah was the Cheif Justice of India who also acted as President of India.
Note: The Chief Minister of a state is not eligible to vote in the Presidential election if he is a member of the
Upper House of the State Legislature.
Note: The only president who was elected unopposed is Neelam Sanjiva Reddy.
Tenure of President: The five year term of the President is calculated from the day he
assumes charge.
Note: Dr. Rajendra Prasad (served twice) was first President of India, Currently Ram Nath Kovind is serving.
Note: First women President of India was Pratibha Patil.
Pranab Mukherjee: (11 Dec. 1935 – 31 Aug. 2020) He was a 17th President of India (from period of 25 july
2012 to 25 july 2017). He was awarded with the Bharat Ratna (2019) & Padma Vibhushan (2008).
Impeachment (removal) of the President (Art. 61): If the president wants to resign from
office, he may do so by writing to the Vice President. In case of a President dies while in a
office, the Vice President can act as President for a maximum period of 6 month. The
procedure for impeachment can be initiated in either House of Parliament (members of Lok
Sabha and Rajya Sabha) by a 2/3rd majority.
Power and Functions of the President: The Preseident of India is Supreme Commander of
Defence Forces also he is a first Citizen of India. He has a power of Absolute veto, Suspective
veto & Pocket veto. President has a power to dissolve the Lok Sabha.
Ordinance issued by President must receive approval of Parliament (both the houses) within six
weeks of the reassembly of the Parliament. President has power to appoint the Prime Minister
and on his advice to appoint other Ministers of the Union. The executive power of the Union is
vested in the President.
Note: President can not appoint Speaker of the Lok Sabha.
Note: Indian post Office (Amendment Bill) is the only instance when the President of India exercised his
power of veto.
Note: Cheif Justice of India act as the President of India when neither President nor the Vice President is
available.
Attorney-General Of India (Art. 76): He is the first legal officer/Law Officer/Advocate General
of the Govt. of India. He is non-members of Parliament but can attend and speak in Parliament
(of both Lok Sabha and Rajya Sabha), without a right to vote. He is assisted by two Solicitors-
General and four assistant Solicitors.
Note: Current Attorney-General of India is K.K.Venugopal .
The Comptroller & Auditor-General of India (Art. 148): CAG acts as the custodian and
trustee of Public money (controlls Parliament expenditure). He holds office for a term 6 years
or till he attains the age of 65. He is also known as the Guardian of the Public Purse.
Note: Girish Chandra Murmu assumed office as the Comptroller and Auditor General of India.
Union Public Service Commission (UPSC): Art. 315 to 323 of Part XIV titled 'Service Under
the Union and the States', provide for a Public Service Commission for the Union and for each
state. The Chairman and other members of the UPSC are appointed by the President and they
hold office for a term of 6 years from date of appointment, or they attain the age of 65 years.
Note: Pradeep Kumar Joshi appointed as UPSC chairman.
Prime Minister: The duty of the Prime Minister is to communicate all decisions of the Council
of Ministers to the President, whenever he requires as Art. 78 envisages duties of Prime
Minister in respect of furnishing information to the President. The salary and perquisites of the
Prime Minister of India are decided by the Parliament.
The Prime Minister is head of government & the leader of Lok Sabha, may allocate or change
the portfolios of the Ministers. The Minimum age required for becoming the Prime Minister is 25
years. In the event of the resignation or death of the Prime Minister, the Ministry is dissolved.
Note: Indira Gandhi was the member of the Rajya Sabha when first appointed as the Prime Minister of India.
Note: Chaudhary Charan Singh was the first politician who became P.M. after serving as C.M..
Council of Ministers: The Union Council of Ministers consists of Cabinet Ministers, Ministers
of State and Deputy Ministers. A person who is not a member of either House can also become
a minister but he cannot continue as minister for more than 6 month unless he secures seat in
either House of Parliament. Collective responsibility of the Cabinet was introduced by the
Constitution of India.
Note: A team of men selected by the party in opposition to take over the different portfolios in case the party is
able to wrest power is known as shadow Cabinet.
The Council of States (Rajya Sabha): As per Art. 80 (ii): The Council of State shall consist of
not more than 238 elected members and 12 nominated members (by President) for a period of
6 years. At present the strength of Rajya Sabha is 245. Rajya Sabha is permanent House while
one third of its members retire every two years by rotation. The Rajya Sabha can be dissolved
by Lok Sabha. 30 years is the minimum age for election/appointment as member of the Rajya
Sabha.
Note: The court held that making NOTA applicable in Rajya Sabha elections is contrary to Article 80(4)
of the constitution and the Supreme Court’s judgment in PUCL v Union of India (2013).
Note: Y.B. Chavan was the first leader of the Opposition in the Rajya Sabha.
The House of the People (Lok Sabha): As per Art. 81 there should be not more than 530
representatives from the states, 20 from the Union Territories (by direct election) and 2
nominated members from Anglo-Indian community (Art. 331). Normal tenure of Lok Sabha is 5
years. The term of the Lok Sabha can be extended by 1 year at a time. The Speaker is the
Chief Presiding Officer of the Lok Sabha. The speaker is elected from the members of the Lok
Sabha after the new Lok Sabha is constituted. Only in the event of equality of votes Speaker
exercise his right to vote in the House.
Note: Malgaonkar was the first speaker of the Lok Sabha.
Note: Rajya Sabha is less powerful than Lok Sabha in terms of its financial powers because No money bill can
be introduced in Rajya Sabha.
Note: Meira Kumar was the first woman speaker of the Lok Sabha.
No Confidence Motion: The first no confidence motion moved in the Lok Sabha after
independence was in the year 1963. 50 members of the Lok Sabha must support a motion of
‘no confidence’ in the government, before it can be admitted by the Speaker.
The Parliament: Multi-Party system has been evolved in India. A Member of Parliament can
claim immunity from civil cases only. Joint sittings of the two Houses of Parliament are held to
consider and pass a bill on which two Houses disagree is presided over by the Speaker of Lok
Sabha. The Union Territories get representation in Both Houses of Parliament. 25 years is the
minimum age for being the member of the Parliament. The distribution of seats of the
Parliament are based on 1971 census. @SolutionsAndTricks
Sessions of Parliament: The time gap between two sessions of the Parliament should not
exceed 6 months. There are usually three sessions: Budget Session (February – May)
Monsoon Session (July – September)
Winter Session (November – December)
Bills introduced in Parliament: The Union budget is presented to the Parliament on The First
day of February. Finance Commission of authority recommends the principles governing the
grants-in-aid of the revenues of the States out of the Consolidated Fund of India.
• Money Bills: (Art. 110): These bills deal with the Taxes, borrowings, consolidated &
contingency funds, audit and accounting,etc which is presented by Speaker of the Lok
Sabha. Only Once can the President of India return a nonmoney Bill, passed by
Parliament.
• Finance Bills: (Art. 112) These bills can only be introduced in Lok Sabha on the
recommendation of the President & should be passed by both Houses by simple
majority.
Finance Commission (Art. 280): The Chairman of the Finance Commission must be a person
having experience in public affairs. Finance Commission is constituted by the President every
five years. The Centre-State financial distribution takes place on the recommendation by the
Finance Minister.
Question Hour: First hour of every sitting in both the Houses is devoted to asking and answering
questions. The timing is from 11 to 12 noon. Questions are of three types:
Starred Questions: To be answered orally. Supplementary questions can also be asked.
Unstarred Questions: Answer in writing and no supplementary questions can be asked.
Short Notice Questions: Asked with notice shorter than 10 days prescribed for ordinary question. It is
regarded as the most important questions allowed by the Speaker.
Note:Recently, the Lok Sabha and Rajya Sabha secretariats have notified that there will be no Question Hour
during the monsoon session of the Parliament in view of the Covid 19 pandemic.
Zero Hour: Starts at 12 noon & goes on upto 1 P.M.. Members raise any issue of public importance on
every short or even without notice.
Juridiciary In India:
The Supreme Court: It is the highest and final judicial tribunal in respect of the Constitution of
India. The Supreme Court of India decides the disputes regarding the election of the President
and Vice-President. The Supreme Court is a watch-dog of citizen’s liberty and it also interprets
the Constitution.
Note: First Women judge of Supreme Court was M. Fathima Beevi.
Note: Judicial Review means the power to examine the constitutional validity of the laws.
Note: Court of Record is meant by the court that preserves all its records.
Note: The Centre-State relations were bring by Sakaria Commission.
Appointment of Judges in Supreme Court: At present, the Supreme Court consists of 30
judges including Chief Justice. The judges of the Supreme Court are appointed by the
President in consultation with the Chief Justice of India and out of the judges of the Supreme
Court and High Court as he may deem necessary for the purpose. They take an oath or
affirmation before entering upon office, conducted by President or some person appointed by
him. A Judge can resign his office by writing to the President. Salaries of the Judges of the
Supreme Court are drawn from the Consolidated Fund.
Note: Leila Seth was an Indian judge who served as the first woman judge on the Delhi High Court
and became the first woman to become Chief Justice of a Himachal Pradesh High Court.
Note: Justice Ramaswami, Judge of the Supreme Court was unsuccessfully sought to be impeached.
Note: Public Interest Litigation (PIL) applies to any case of public injury arising from the breach of any
public duty from the violation of a constitutional provision from the violation of the law.
The High Courts: A common High Court for two or more States and/or Union Territory may be
established by Parliament by Law. The Chief Justice and Judges of the High Court are
appointed by the President and also he decides the number of judges to be appointed but the
oath is administered by the Governor. The age of retirement of the Judges of the High Court is
62 years. A retired judge of High Court cannot practice in the High Court from where he has
retired.
Note: Protection of the Fundamental Rights comes under the jurisdiction of both the High Court and the
Supreme Court.
Election Commission (Art. 324): The conditions of service and tenure of the Election
Commissioner is prescribed by Parliament. The State Election Commission can be removed
from office in the same manner and on the same grounds as a Judge of the Supreme Court.
Electioneering has to stop in a constituency 48 hours before the closing hour of polling. 8 days
given for the candidates to file their nominations from the date of notification of the election.
Local Government: Panchayati raj has received constitutional status with the 73rd
Amendment Act. Balwant Rai Mehta Committee suggested that the structure of Panchayati Raj
should consist of the village, the block and the district levels. Father of local self government in
India is Lord Ripon. A person to be qualified for standing in a panchayat election must have
attained the age of 21 years. Rajasthan was the first to introduce Panchayati Raj. The District
Council (Zila Parishad) is the top level of the system.
Miscellaneous:
• Union List: It consists of National importance topic such as Naval, Army, Railways, NH,
Banking, Insurance, Taxes on Income, etc like this there are 98 entries.
• State List: Its is consist of local importance such as related to Public order, Police, Water,
Capitative Taxes, Pilgrimages, etc. like this there are 62 entries.
• Concurrent List: Its consist of summation of state and Union topics such as Criminal law,
Forest, Education, Marriage & devorce, etc. like this there are 52 entries in it.
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