Indian Polity (we Focus) 1l215a

We Focus Classes – Polity Notes for SSC CGL

Polity and Constitution:

Meaning: Polity means the form of Government in the Country

The 3 organs of the Government are i) Legislature – The Elected ii) Executive – The Council of ministers iii) Judiciary – The Law and the court.

What describes the above 3 organs??

It is…. The Constitution 

Constitution:

 Constitution is the Supreme Law of the country or Highest law of the Land.

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It is a body of fundamental principles according to which a state is constituted and governed. It lays down the basic rules for minimal coordination in the society along with the form of government, its functions, responsibilities and Limitations Hence Constitution is fundamental.  Indian Constitutions is the world’s largest written constitution  Indian Constitution is evolutionary and it was adopted by the Constituent Assembly on 26the November, 1949 and Came into full operational with effect from 26th January, 1950.

Evolution of the Indian Constitution: British in India have laid down some istrative and Legislative developments in India for the convenient istration of British India. These became the direct sources for the Indian Constitution.

i)

Government of India Act,1919: 1) It introduced Bicameralism with direct elections in the country. Bicameralism: An Upper House (Council of State) Lower House (Legislative Assembly)



2) It provided the establishment of a public service commission. Hence a public service commission was setup in 1926 for recruiting civil servants. Simon Commission: In November 1927, British government appointed a commission Sir John Simon to review the working of Government of India Act,1919. But the all the of the commission are British Hence All Indian parties didn’t attend the commission.

ii)

Government of India Act, 1935:

It provided the basic skeleton of the constitution and it was treated blue print for the constitution. It provided for the establishment of an All India Federation consisting of provinces and princely states as units. This act divided the legislative powers between the centre and the units Provided the Office of the governor, Emergency powers etc. iii)

The Indian Independence Act, 1947:  It officially ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947.  It provided for the partition of India and creation 2 separate dominions of Pakistan and India.



 The partition plan was given by Lord Mountbatten, Hence the Plan is called Mount batten Plan. He was first Governor General of the new dominion of India. Jawaharlal Nehru became the Prime Minister of India. This act granted freedom to the Indian princely states either to India or Pakistan to remain free. Formation of Constituent Assembly for Making of the Constitution:

Constituent Assembly: It is the group of persons, who work collectively to frame the constitution of the country.  In 1935 - M N Roy is the person, who gave the Idea of Constituent Assembly (CA) to frame separate constitution for India.  In 1935 – The First Official demand by India National congress for the constituent Assembly to frame the Constitution of India.  In 1938- Jawaharlal Nehru Declared that the Constitution of India will be framed by elected constituent Assembly without External Interference. What British Government Did?? It accepted the declaration in the following ways: a) August Offer, 1940 – The British Government accepted the INC demand in principle. b) Cripps Plan, 1942- In March, 1942 Sir Stafford Cripps had a proposal to be adopted after Second World War. But it was rejected by Muslim league, which wanted a separate state with separate CA. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


Finally, c) Cabinet Mission, 1946:  Consisting of Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A V Alexander. It rejected the claim for two separate Constituent Assemblies and gave Constituent Assembly plan with the composition of constituent assembly, which is more or less accepted by Muslim League.

What Happened Then…?

Composition of Constituent Assembly: As per the scheme formulated by the cabinet mission Plan, The Constituent Assembly was constituted in November, 1946. How many ? Total representatives (seats) were to be 389. I) Out of these, 296 were allotted to the British India. 93 were allotted to Princely states. ii) Out of 296 seats allotted to British India, 292 were to be elected from Governor Provinces and 4 were from Chief Commissioners provinces one from each.



Iii) The 93 representatives of the princely states were nominated by the heads of the princely states. Thus the constitution assembly is partly elected and partly nominated body. Fine, Representation Decided. Who became the ? The Elections to the Constituent Assembly (296 seats) were held in July-August 1946.

Result of the election: 208 seats won by congress 73 seats won by Muslim League. 15 won by Independent and other small . Note: Mahatma Gandhi and M Ali Jinnah are not the of the Constituent Assembly.

Questions on the topic discussed in Polity -1: 1) A federal structure for Indian constitution was put forward by the: a) Act 0f 1909 b) Act of 1919 c) Act of 1935 d) Act of 1947 2) Which of the following exercised the most profound influence in framing the Indian Constitution? Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


3)

4)

5) 6)

7) 8)

a) British Constitution b) US constitution c) Irish constitution d) The Government of India Act, 1935 What was the basis for constituting the Constituent Assembly in India? a) The Resolution of INC b) The Cabinet Mission Plan, 1946 b) The Indian Independence Act, 1947 d) Simon Commission What is the reason for the Cripps plan, 1942 to be rejected? a) It didn’t meet the expectation of Indians. b) The Plan doesn’t have Indians in its . c) Muslim League wanted a separate Constituent Assembly d) J Nehru declared for a new constituent Assembly will be formed by Indians. Who among the following was not a member of constituent Assembly? 1) Dr Rajendra Prasad 2) K M Munshi 3) M K Gandhi 4) Abdul Kalam Azad What is the Total number of seats in Constituent Assembly as per the Cabinet Mission plan and Number of seats won by Muslim League? a) 296, 73 b) 296, 93 c) 389, 73 d) 389, 93 The Indian partition plan is called as? a) Cripps plan b) Mountbatten Plan c) Radcliff Plan d) Cabinet Mission Plan The Supreme Law of the country is a) Parliament b) Constitution c) Supreme Court d) President

Thus CA formed and started working: First Meeting of CA: 09th December, 1946 – Muslim League boycotted the meeting insisting separate state of Pakistan. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


Minutes of the meeting on 1st day: Dr. Sachidanda Sinha, The oldest member elected as temporary president of CA. Subsequently on 11th December, 1946 –  Dr Rajendra Prasad elected as permanent president and  H C Mukherjee elected as the Vice president of the CA. 2 days later i.e. on 13th December, 1946 it was big day of CA, What happened that day? Jawaharlal Nehru moved historical “Objectives Resolution (OR)” in the Assembly. OR laid down the fundamentals and philosophy of the constitutional structure. It influenced the eventual shaping of the constitution through all its subsequent stages. Great…!!! Then what is in OR??

Objectives of OR:   

CA declared India as sovereign republic and it will have a written constitution for her future governance. India shall be the union of states consisting of the states of earlier British India and princely states. The states will be given autonomous status together with residuary powers except such powers and functions which are vested in or assigned to the union. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


 

 

All the power of the state was to be derived from the people. People are to be guaranteed a. Social, Economical and Political Justice; b. Status of Equality and Opportunity before the law. c. Freedom of thought, Expression, Belief, Faith, Worship, vocation, association and Action subject to law and public morality. The Minorities and back ward and Tribal people were to be provided adequate safeguards. Nation shall maintain the Integrity and makes it full and willing contribution to the promotion of world peace and welfare of mankind.

This above resolution was unanimously adopted by the CA on January 22nd, 1947.  CA has adopted the National flag on 22 July, 1947. Later, we know that on 14th August, 1947 Undivided India is partitioned and India got independence on 15th August, 1947 by The Indian Independence Act of 1947. With This, Can you think of any changes to CA? Yes…. There are 1) The Muslim League hailing from the Areas included in Pakistan withdrew from CA from India. So, Strength of CA reduced to 299 from 389. Out of 299- 229 are from Indian Provinces (Formerly British and they were 296) 70 are from princely states (Formerly it was 93)



2) Now, CA is not under the influence of Cabinet Mission, it is fully sovereign body. Importantly 3) The Assembly also became a Legislative body thus The CA became the first Parliament of India (Dominion Legislature) it performed two separate functions. I.e. Making constitution for free India and enacting the ordinary laws for the country. On 17th November, 1947 for first time, CA met as Parliament and elected GV Mavlanker as its speaker. How Two functions of CA are differentiated? That’s Simple….!!!!! From then, If CA is met and chaired by Dr. Rajendra Prasad then it as Constituent body for preparation of Constitution.

If CA is met and chaired by GV Mavlanker, Then it as a Parliament for enacting the ordinary laws.

Questions on the topic discussed in Polity -2 1) The Basis for the preamble of Indian constitution? a. India Independence Act, 1947 c. The Cabinet Mission Plan, 1942 Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


2)

3)

4)

5)

b. Objectives resolution d. US Constitution The historical Objective Resolution was moved and adopted in constituent Assembly on 1) 13th Dec, 1946 and 22nd Dec, 1946 2) 11th Dec, 1946 and 22nd Dec, 1946 3) 13th Dec, 1946 and 22nd Jan, 1947 4) 11th Dec, 1946 and 22nd Jan, 1947 The Indian National flag was adopted on a) 15th August, 1947 b) 22nd July, 1947 b) 26th November, 1949 d) 26th January, 1950. The First Acting President of the Constituent assembly of India 1) Dr B Rajendra Prasad 2) HC Mukherjee 3) Dr Sachidanda Sinha 4) Jawaharlal Nehru The first speaker of the Constituent Assembly? 1) HC Mukherjee 3) Dr Sachidanda Sinha 2) Jawaharlal Nehru 4) G V Mavlanker.

But did all the of the Constitution worked on the task of making a constitution??? How did they manage not to mess up by the duplication of Work?

No, all were not working on the same work. Constitution makers were clever enough and they opted for division of work by forming the committees.



What are they? There are several committees; we list out here most important committees here. Committee Rules and Procedures Committee Steering Committee Finance and Staff committee Union Powers committee Union Constitution Committee States Committee Provincial Constitution committee Drafting Committee Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas Fundamental Rights subcommittee

Chairmen Dr Rajendra Prasad Dr Rajendra Prasad Dr Rajendra Prasad Jawaharlal Nehru Jawaharlal Nehru Jawaharlal Nehru Sardar Patel Dr B R Ambedkar Sardar Patel J B Kriplani

Among all the most important is Drafting Committee: Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


 It was set up on 24th August, 1947.  This committee was entrusted with the task of preparation of draft of the new constitution.  It consisted of 7 and Dr B R Ambedkar was the chairmen of the committee. When the Draft Completed?:  First draft published in February, 1948 and people of India were given 8 months to discuss the draft and propose the amendment.  Second draft in October, 1948.  Final draft of the Constitution was presented to the Constitution Assembly on November 4th, 1948.

Is the Draft Directly Accepted?

No, It was first discussed, amended where it required and finally adopted. First reading: for 5 days from 04th November, 1948 to 9th November, 1948. Second reading: from 15th November, 1948 to 17th October, 1949. During this stage as many as 7653 amendments were proposed and 2473 were actually discussed in Assembly. Third and final reading: 14th November 1949 to 26th November 1949.



 On 14th November 1949 Dr Br Ambedkar moved the motion to the constitution and it was ed on 26th Nov, 1949 and received the signatures of all the 284 present in the assembly and the president.  Thus the constitution was adopted and enacted on November 26, 1949 and it has 395 articles and 8 schedules and preamble was enacted by the CA after the constitution was already enacted. Here the Man of the moment was Dr B R Ambedkar and is called Father of Constitution of India, Chief Architect of constitution of India and also the Modern Manu.

The Entire Constitution Came into Effect on 26/11/1949? Only some provisions of constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions and short title came in to force on 26th November, 1949 and the entire constitution came into force on 26th January, 1950 and 26th January is celebrated as Republic day. Prior to this 26th January used to be celebrated as Purna Swaraj day. Some Important Tasks by CA:  CA has adopted the National anthem( Jana Gana Mana) and The National song (Vande Mataram) on 24th January, 1950  It Elected the Dr Rajendra Prasad as first president of India on 24th January, 1950 Some Facts about the CA:



1) The total time taken by for making the constitution is 2 years 11 months and 18 days. (from 9th December , 1946 to 26th November, 1949) 2) The Total Expenditure incurred is Rs. 64 lakhs. 3) Constitution makers have gone through the constitutions of about 60 countries to prepare our constitution.

Sources of Constitution: Source British Constitution

US constitution

Irish Constitution Canadian Constitution

Contents borrowed i). Parliamentary government ii. Cabinet System and Parliamentary Privileges iii. Rule of Law iv. Bicameralism v. Single citizenship a) Fundamental rights b) Judicial Review and Independent Judiciary c) Impeachment of the president d) Removal of Supreme court and High Court judges a) DPSP, b) Nomination of Rajya Sabha Member c) Method of election of President a)Federation with strong centre,



Australian Constitution German Constitution Soviet Union Constitution(Russia) South Africa Constitution French constitution Japanese Constitution

b) Central residuary powers c) Appointment of state governors by centre a) Concurrent List b) Freedom of Trade c) t Sitting of Parliament Emergency provisions Fundamental Duties a) Amendment Procedure b) Election of of Rajya Sabha Republic and ideals of Liberty, Equality and fraternity in the preamble. Procedure established by Law

Questions on the topic discussed in Polity -3 1) How does the constitution of India Described the India as? a) A federation of States and Union Territories b) A Union of States c) Bharatvarsh d) A Federal Nation Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


2) From which constitution of the world, The Indian constitution has adopted the concept of Directive Principles of State Policy? a) Ireland b) USA c) Canada d) Australia 3) From which countries Constitution, The provision of Federation was borrowed while framing the Constitution of India? 1) USA 2) UK 3) Canada 4) Switzerland 4) The drafting committee of the Constitution is headed by 1) Dr B R Ambedkar 2) Dr Rajendra Prasad 3) Sardar Patel 4)Jawaharlal Nehru 5) Which of the following is a feature of both the Indian federation and American Federation? 1) Single citizenship 2) Dual judiciary 3) Concurrent List 4) Judicial review 6) National Anthem was adopted on 1) 24th Jan, 1950 2) 22nd Jan, 1950 3) 26th Jan, 1950 4) 26th Nov, 1949 7) The drafting of the constitution was completed on 1) 24th Jan, 1950 2) 22nd Jan, 1950 3) 26th Jan, 1950 4) 26th Nov, 1949 8) Who was the president of the constituent Assembly? 1) Pt J Nehru 2) Sardar Patel 3) Dr B R Rajendra Prasad 4) Dr B R Ambedkar Structure of Indian Constitution: Indian Constitution is a living document and when adopted and enacted on 26th November, 1949- Indian constitution had 395 articles in 22 parts and 8 schedules along with Preamble.



With the wisdom and foresight of the makers of the Constitution that they presented to the nation a document that enshrined fundamental values and highest aspirations shared by the people. They presented us a constitution, which is liberal, democratic, egalitarian, secular, and federal, open to community values, sensitive to the needs of religious and linguistic minorities as well as historically disadvantaged groups, and committed to building a common national identity thus the Constituent makers accommodated the aspirations of the people of India for a long time to come. India’s Constitution is a unique document which in turn became an exemplar for many other constitutions, most notably South Africa. Currently, the constitution of India has nearly about 465 articles in 25 parts and 12 schedules.



Does it mean Article Number 396, 397 and Part Number 23, 24 Exist? In the book of constitution the articles and parts are numbered as 395 and 22 only. The new articles and Parts were inserted where it required and the recent added article by the constitutional amendment are numbered as 51A, 243 A, 243B etc. and the parts are



numbered as IX-A, IX-B, etc but basic skeleton of 395 articles and 22 parts remained the same. Not yet understood?? Have a glance at the parts of the Constitution of India….!! Parts

Subject Covered

I II III IV IV A V

The Union and its Territory Citizenship Fundamental Rights(FRs) Directive Principles of State Policy(DPSP) Fundamental Duties The Union Government Chapter I – The Executive Chapter II – Parliament Chapter III – Legislative powers of President Chapter IV – The Union Judiciary Chapter V - Comptroller and Auditor General of India The State Government Chapter I – General Chapter II- The Executive Chapter III – The State Legislature Chapter IV – Legislative Powers of Governor Chapter V – The High Courts Chapter VI – Subordinate Courts Dealt with states in Part B The Union Territories

VI

VII VIII

Articles Covered 1 to 4 5 to 11 12 to 35 36 to 51 51 A 52 to 151 52 to 78 79 to 122 123 124 to 147 148 to 151 152 to 237 152 153 to 167 168 to 212 213 214 to 232 233 to 237 238 239 to 242



IX IXA

The Panchayats The Municipalities

243 to 243O 243P – 243ZG IXB The Cooperative Societies 243ZH – 243ZT X The Scheduled and Tribal Areas 244 to 244A XI Relations between the Union and the States 245 to 263 Chapter I – Legislative relations 245 to 255 Chapter II- istrative Relations 255 to 263 XII Finance, Property, Contracts and Suits 264 to 300A XIII Trade, Commerce and Intercourse with in territory 301 to 307 of India XIV Services under the state and the Union 308 to 323 Chapter I – Services 308 to 314 Chapter II – Public Service Commission 315 to 323 XIV-A Tribunals 323A to 323B XV Election 324 to 329A XVI Special Provision relating to certain classes 330 to 342 XVII Official Language 343 to 351 XVIII Emergency Provisions 352 to 360 XIX Miscellaneous 361 to 367 XX Amendment to the Constitution 368 XXI Temporary, Transitional and Special provisions 369 to 392 XXII Short Title, Commencement, Authoritative Text in 393 to 395 Hindi and Repeals Special Features of the Indian constitution:



1) Indian Constitution is the lengthiest written constitution in the world: Indian constitution had 395 articles in 22 parts and 8 schedules along with Preamble. Factors contributed to the size: 1) Geographical factors such as vastness of the country 2) Historical factors such as Influence of Government of India Act,1935, which was lengthy 3) Single Constitution for both state and centre unlike USA, where every state has its own constitution. 2) It was drawn from various sources: Indian Constitution is drawn almost from constitutions of 60 countries. 3) Under the constitution the people of India are the ultimate sovereign.

4) It opted for British parliamentary form of government rather than American presidential system of government. Features of Parliamentary form of Government: I. Presence of Nominal and Real Executive II. Majority Party rule and Leadership of the Prime minister Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


III. hip of the ministers in the legislature IV. Collective responsibility of the executive to the legislative 5) The Constitution is neither rigid nor flexible 6) The Indian Constitution is said to be “Federal in form but unitary in spirit”, i.e Quasi federal by KC Wheare. In federation, there will be the centre and the state with equal powers and with mutual cooperation, written constitution etc. Indian constitution has many features of federation but it also non federation features such as Strong Centre and Single Citizenship Etc. *Nowhere in the Indian constitution, the term federation was mentioned. 7) It guaranteed Fundamental Rights to the citizens of India, which are against the legislature and limits the arbitrary powers and laws of the executive. 8) It also enumerated Directive principles of state policy to secure a truly welfare state and it is the duty of the State to apply DPSP in making the laws. 9) The Constitution established an Independent Judiciary and also the concept of Judicial review 10) It also has the provision for proclamation of Emergency and during the period of Emergency the state becomes unitary.



11) The Constitution has provisions for establishment of Secular State, Regardless of their religious beliefs; all the citizens enjoy equal rights.

Preamble of the constitution: India followed American constitution to begin the constitution with preamble. The preamble was based on the Objective resolution ed by the Constituent Assembly.  The Preamble in its present form: We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into A SOVEREIGN *SOCIALIST SECULAR DEMOCARTIC REPUBLIC and to secure to all its citizens: JUSTICE, Social, Economic and Political LIBERTY of thought, Expression, belief, faith and worship; Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the Individual and the unity *and integrity of the Nation; In Our Constituent Assembly this 26th day of November, 1949 do HERE by ADOPT, ENACT AND GIVE OURSELVES THIS CONSTITUTION. *42nd Amendment in 1976 Important Points from the preamble:  It is the precious part of the constitution. It also treated as Soul of the constitution and key to the minds of the constituent makers. The Preamble embodies the basic philosophy and fundamental values – Political, Moral and religious on which the constitution is based.  From the preamble, it is very clear that the Constitution derives authority from the people of India.  It declares India to be of a Sovereign : Means India is free and not dependant or not part of any other country Secular : All Religions in the country have the same status- and State Doesn’t represent any Religion. Democratic

: Representatives elected by the people will rule the And

country.



Republican

: India has and directly elected or indirectly elected Head called president for a period of 5 years.

 It specifies the Justice, Liberty, Equality and Fraternity as the objectives.

Justice: a) Social Justice: Equal treatment of all citizens with any social distinction based on the caste, colour, race, sex and so on. b) Economic Justice: Non discrimination between people on the basis of economic factors. c) Political Justice: That means all the citizens should have equal political rights, equal access to all political offices and equal voice in the government. Liberty: Absence of restraints on the activities and providing equal opportunities for the development of Individual personalities. Preamble secures all its citizens Liberty of thought, Expression, belief, faith and worship through their Fundamental rights; Equality: All citizens of India are treated equally without any special privileges to any section of the society. Preamble secures all its citizens of India equality of status and opportunity through their Fundamental rights and Directive Principles of State Policy;



Fraternity: means sense of brotherhood Preamble secures Fraternity among all its citizens of India through their Fundamental Duties and System of Single citizenship.  Preamble is used to interpret the constitution  Supreme Court in the famous Berubari Union (1960) case said Preamble is not part of the constitution and reversed its opinion and In Kesavananda Barati Case (1973) it declared that the Preamble is part of the constitution.  In the same kesavananda Barati case, The Supreme Court Held that, Preamble can be amended but Basic elements or the fundamental features of the constitution of the Preamble cannot be altered.  Preamble was amended in 1976, by the 42nd constitutional Amendment Act and added 3 words – SOCIALIST, SECULAR and Integrity it was first and last time to amend the preamble.

Previous year Questions from Polity -4 and Polity- 5 classes Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


1) India is considered as republic mainly because? a. The Head of the state is elected b. It gained independence on 15th August, 1947 c. It has its own written constitution d. It has parliamentary form of government. 2) What was the exact constitutional position of the Indian republic, when the constitution was brought into force with effect from 26th January, 1950? a. A democratic Republic b. A Sovereign Democratic Republic. c. A Sovereign Secular Democratic and Republic d. A Sovereign Secular Socialist Democratic Republic 3) Preamble of the Indian constitution was for the first time amended by a. 24th Amendment b. 42 Amendment c. 44th Amendment d. 46th Amendment 4) Division of powers is the principle of a) Unitary form of Government b)Federal Form of Government c) Socialist form of Government d)Republican form of Government 5) The constitution of India describes India as a) A Union of states b) Quasi federal c) A federation of state and Union territories d) A unitary States 6) The Preamble to our constitution makes no mention of a) Justice b) Fraternity c) Equality of Status d) Adult Franchise 7) India is a secular state because in our country a) State has no religion b) Religion has been abolished C) State patronizes a particular religion d) none of these Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


PART -1(Articles 1-4): UNION AND ITS TERRITORY

Article 1 describes – India, that is Bharat, shall be a Union of States. What we can understand is that India is not the Federation of states because states are not united by an agreement and they don’t have right to secede from federation.  The territory of India shall comprise— (a) The territories of the States; (b) The Union territories specified in the First Schedule; (c) Such other territories as may be acquired by government of India at any time.  The names of the States and the territories thereof shall be as specified in the First Schedule  At present there are 29 states and 7 UTs Note: The provisions of the constitution pertaining to the states are applicable to all states except Jammu and Kashmir  Why there are two Territory of India and Union of India?



o Territory of India refers to a wider set including present states, union territories and regions which may be acquired at a later point. Current States o Union refers only states. Article 2 - Empowers the Parliament to it into the Union, or establish, new States on such and conditions as it thinks fit. Article 3 authorizes the Parliament to— (a) Form a new State by separation of territory from any State or by uniting two or more States or Parts of States or by uniting any territory to a part of any State (b) Increase the area of any State (c) Diminish the area of any State (d) Alter the boundaries of any State (e) Alter the name of any State Article 2 and Article 3 looks same?? No, Article 2 talks about states which are not in existence Article 3 talks about the existing states and its changes, Article 4: Provides that bills under article 2 and 3 are not to be considered as constitutional amendment bills It implies to form a new state under article 3; a simple majority is enough and no need of special majority. Evolution of states:



At the time, when constitution was adopted in 1950 India had a fourfold classification of the states they are PART A- 9 Governor provinces of British India PART B- 9 Princely state with legislature PART C- 4 Chief Commissioner provinces and 6 some princely states. PART D- 1 Andaman Nicobar islands But there has been for a separate state for Telugu speaking people from the beginning. Then What Government did?  Dhār Committee in June, 1948: Chairmen S K Dhār to examine the creation of states on the basis of language. Report: Submitted in December, 1948 and recommended the formation of state only on the basis of istrative convenience rather than on the basis of language.  J V P Committee started in Dec, 1948: Jawaharlal Nehru, Vallahbhai Patel and Pattabi sitaramaiah Report: In April, 1950 – Rejected language as basis. However, in October, 1953 Government was forced to create a Separate Telugu speaking people i.e. Andhra State was created. These lead too many separate demands.



What Government Did?  Fazl Ali Commission: in December 1953 under the chairmanship of Fazl Ali to reexamine the whole issue of formation of New states. This Commission also called States Re organization Commission(SRC). Submitted its report in September 1955 and broadly accepted the language as the basis and recommended for creation of 16 states and 3centrally istered territories. What Happened? Government accepted the suggestions but with minor changes and constitution was amended. i.e. 7th Constitution Amendment. PART C states were abolished. As a result 14 states and 6 UT were created on November 1, 1956. Now, we have 29 states, 7 UT and Delhi (National Capital Territory of India)

PART –II (Article 5-11) – CITIZENSHIP Citizens are full to Indian state. They enjoy civil and political rights Such as Right to vote, Right to contest for the hip of the parliament or state legislature and also Eligible to hold certain offices.



Article 5: Deals with citizenship of persons residing in India at the time of commencement of constitution. Acc to this a person is a citizen if i) ii) iii)

He was born in India or If either of his parents were born in India He has been a resident of India for a minimum of 5 years immediately before the commencement of constitution of India i.e. He must have been in India form or before 26/11/1945

Article 6: deals with citizenship of a person, who migrated from Pakistan to India Article 7: Deals with citizenship of persons who migrated to Pakistan and returned back to India as permanent settler. Persons who were residents of Pakistan but migrated to and have been residing in India for at least 6 months before the commencement of constitution. Article 8: deals with rights of overseas citizens who want to acquire Indian citizenship. Article 9: Suspension of citizenship of a person, when he acquires the citizen ship of another country. Article 10: continuation of rights of a citizen. I.e. any person who is or is deemed to be a citizen of India shall continue to be such citizen subject to provision of law. Article 11: parliament power to alter the provision of citizenship. That Implies, at the commencement of the Constitution, Citizenship of India was conferred upon the below mentioned people:1. Persons who are born in India and domiciled in India. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


2. Persons who are not born in India but domiciled in India and have been staying in India for a period of at least 5 years. 3. Persons who are domiciled in India but not born in India but either of their parents were born in India. 4. Persons who are resident in India but they migrated to Pakistan after 1st March 1947 but later returned on resettlement permit. 5. Persons who reside outside India but either of parents or grandparents were born in India.

Citizenship Act, 1955 (amended in 1986, 1992, 2003 and 2005) The Act provides for acquisition of Indian Citizenship after the commencement of Constitution in five ways 1. By Birth - Any person born in India, on or after 26 January 1950 but before the commencement of the 1986 Act on 1 July 1987 is a citizen of India by birth. Note: The restriction of date to 01/07/1987 was done by amendment to citizenship act in 1986. 2. By Descent - Persons born outside India on or after 26 January 1950 will be considered as citizen of India if at the time of their birth either of the parents are citizens of India and the parents get the birth ed with the Indian Consulate within 1 year of birth. Note: Prior to 1992, the children of only male Indian are considered but by amendment to citizenship act in 1992 the female Indian children are also considered.



3. Citizenship by Registration – Any Person who is not a citizen of India can apply for apply for registration as a citizen if he satisfies certain criteria mentioned in the Constitution. Applicable basically for PIOs and OCI. 4. Citizenship by Naturalization - Citizenship of India by naturalization can be acquired by a foreigner who has resided in India continuously for a period of 1 year and prior to this 1 year in the past 14 years the person should have stayed in India for at least 11 years. Also person should not be a citizen of a country which does not allow Indians to become its citizens by Naturalization and person should renounce citizenship of parent country. 5. Citizenship by Incorporation of territory – If any new territory becomes a part of India, the Government of India shall notify the persons of that territory to be citizens of India. Loss of Citizenship 1. Renunciation of Indian citizenship - a voluntary act by which a person holding an Indian citizenship gives it up. 2. Termination – If an Indian citizen voluntarily accepts the citizenship of another country his Indian citizenship stands terminated. 3. Deprivation - If a Indian citizen has obtained his citizenship by fraud, or if he has been disloyal to India, or has been residing outside India for seven years continuously, or if he has unlawfully traded or communicated with the enemy during war, or if has been imprisoned within 5 years in any country for a period 2 years after becoming a citizen of India either by naturalization or registration.



NRI, Persons of India Origin and Oversea Citizen of India NRI: NRI is a person, who is away from the country for a period of 180days. Persons of Indian Origin (PIO) Card holder since 19-08-2002: Any person 1 1) Who at any time held an Indian port or 2) He or Either of his parents or Grandparents or great grand Parents was born in India or permanently resident of India or 3) He is a spouse of a citizen of India or a person of Indian origin  PIO of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Srilanka are not eligible for card  Benefits: 1) No visa required to visit India for a period of 15 years from issue of PIO card. 2) Can stay in India with any registration with police for period of continuous 180 days. If exceeds 180 days then he has to with police. 3) No political rights such as  PIO can become Indian citizen if stays for 7 years continuously. Dual citizenship: To create the sense of belongingness to the nation, concept of dual citizenship it doesn’t mean person will have citizenship of two countries but he will be given OCI card. Dual citizenship act, 2003 commenced from 09/01/2003. Hence 09/01 of every year celebrated as Pravas Baratiya Divas and benefit was given to 16 countries namely



Australia, Canada, Finland, , Greece, Ireland, Israel, Italy, Netherland, New Zealand, Portugal, Republic of Cyprus, Sweden, Switzerland, UK and USA.

Oversea Citizen of India (OCI) (since 02-12-2005)  Who is OCI? 1) Person who is eligible to become citizen of India on 26-01-1950 or 2) Was a citizen of India at any time on after 26-01-1950 or 3) Belonged to territory of India after15-08-1947 If he had ever been citizen of Pakistan or Bangladesh, he is not eligible for OCI  Benefits: 1) Can visit India at any time without visa. Multiple Entry 2) No need to in Police station 3) No political rights 4) He is eligible for Indian citizenship 5 after registration as OCI provided he stays in India for 1 year.

Note: From 09/01/2015 PIO are merged with OCI cards in india.

Part –III - Fundamental Rights:(Art12 –Art 32) Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


 Concept of Fundamental Rights borrowed from Constitution of USA(Bill of Rights)  These are not absolute but qualified. State can impose certain reasonable restriction to protect the public order.  These are against the against the arbitrary action of the state. i.e it places limitations on the authority of the states.  These are justiciable and are defended and guaranteed by the court.  As these laws are guaranteed and protected by constitution- this is fundamental law of the land. Hence this is called fundamental rights.  Article 12 describes the state concerning the FRs: It is a) Union Government b) State Government c) Local Governments municipalities, Panchayats, district boards d) All other authorities such as statutory and No statutory Article 13 declares that the all the laws that are inconsistent with or in derogation of any FR is void. That is it provides the doctrine of Judicial Review. Right to Equality (Art 14 – Art 17):  Article 14 : It guarantees to all the persons(Citizens as well as others)equality before law and equal protection of laws  Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – equal access to shops, hotels, wells, tanks, bathing ghats, roads etc.  Article 16: Equality of opportunity in public employment Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


 Article 17: Abolition of Untouchability  Article 18: Abolition of titles Right to Freedom (Art 19- Art 22) 

Article 19: Protection of Right to – i. freedom of speech and expression; – ii. assemble peacefully; – iii. form associations/unions; – iv. move freely throughout the territory of India; – v. reside and settle in any part of India; – vi. Practice any profession, or to carry on any occupation, trade or business.

 Article 20: Protection in respect of conviction for offences o No Ex post facto Law: No person shall be convicted of any offence except for violation of law that is in force o No Double Jeopardy: No person shall be punished morethan once for same offence. o No Self Incrimination: No punishment on any offence by self witness  Article 21 : Right to life and personal liberty – No person should be deprived of his life or personal liberty  Supreme Court has declared the following right as part of Article 21:  (a) right to live with human dignity  (b) right to decent environment including pollution free water and air and protection against hazardous industries.  (c) right to livelihood. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


                      

(d) right to privacy. (e) right to shelter. (f) right to health. (g) right to free education up to 14 years of age. (h) right to free legal aid. (i) right against solitary confinement. (j) right to speedy trial (k) right against handcuffing. (l) right against inhuman treatment. (m) right against delayed execution. (n) right to travel abroad. (o) right against bonded labour. (p) right against custodial harassment. (q) right to emergency medical aid. (r) right to timely medical treatment in government hospital. (s) right not to be driven out of a state. (t) right to fair trial. (u) right to prisoner to have necessities of life. (v) right to woman to be treated with decency and dignity. (w) right against public hanging. (x) right to hearing. (y) right to information. (z) right to reputation.



 Article 21A: Right to education for children of the age of 6 to 14 years. (86th Amendment Act, 2002)  Article 22: Protection against arbitrary arrest and detention in certain cases Right against Exploitation  Article 23: Prohibition of traffic in human beings and forced labour  Article 24: Prohibition of employment of children in hazardous jobs (Employment of Children below age of 14 in any hazardous activities like construction works, Mines and railways etc. Right to Freedom of Religion  Article 25: Freedom of conscience and free profession, practice and propagation of religion  Article 26: Freedom to manage religious affairs and Establish and maintain Institutions for religious and charitable purposes etc  Article 27: Freedom to pay taxes for promotion of any particular religion  Article 28: Freedom to attend religious instruction or worship in certain educational institutions- No religious instructions shall be provided in any educational institution wholly owned by the state. Cultural and Educational Rights  Article 29: Protection of language, culture of minorities – i.e. any section of citizens of India have the right to conserve their own language, script and the cuture. Further, only on the religion, race, Caste or language, No citizen shall be denied ission into Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


any educational institution maintained by the state or receiving aid out of the state funds.  Article 30 : Right of minorities to establish educational institutions Right to Constitutional Remedies Article 32: Right to move the courts to issue directions/orders/writs for enforcement of rights Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation. The Supreme Court and the High Courts can issue orders and give directives to the government for the enforcement of rights. The courts can issue various special orders known as writs. Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory. Mandamus: This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual. Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction. Quo Warranto: If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

Directive Principles of State Policy  The Directive Principles are contained in Part IV of the Constitution. They aim at providing the social and economic base of a genuine democracy.  Constitution Makers borrowed this from Irish constitution and resemble Instrument of Instructions enumerated in Government of India Act, 1935.  Dr. B R Ambedkar said are Novel Features of the constitution  Granville Austin has described DPSP and the FRS as the Conscience of the constitution. Features of the DPSP:  These direct the state and every one of its agencies to follow certain fundamental Principles while framing policies



 These principles are assurance to the people on one hand as to what they can expect from the state and direct the state and central govt to establish and maintain a Social Order.  These are not justiciable means these are not enforced by the courts but the constitution says these are fundamental in the governance of a country and it shall be the duty of the state to apply these principles in making laws and these helps Supreme Court in determining the constitutional validity of a law.  Thus DPSP impose moral obligation on the state authorities for their application, but real force behind them is political i.e. public opinion. You may get some idea of the vision of makers of our Constitution by looking at some of the Directive Principles shown below.

Glimpse of Articles Related to DPSP:

Article

DPSP

Classification



No 36

Definition of state – State is same as that of Article 12 in FR

37

Application of principles in this part i.

Application of DPSP shall be the

responsibility

of

the

state ii. 38

DPSP are non justiciable

To promote the welfare of the people by Socialistic securing a social order

39

Certain principles to be followed by state i.

Right

of

adequate

means

of

distribution

of

concentration

of

Socialistic

livelihood ii.

The

equitable

material sources iii.

Prevention

of

Wealth iv.

Equal Pay for Equal work for Men



and Women v.

Opportunities

for

healthy

development of children 39A

To promote the equal justice and to Socialistic provide free legal aid to the poor.

40

To

Organize

village

Panchayats

and Gandhian

making necessary provision to them to function as units of self government.

41

Right to work, to education and to public Socialistic assistance in certain cases

42

Provision for just and humane conditions Gandhian of work and maternity relief

43

Living wage etc for workers and decent Social standard of life and social and cultural opportunities for all

Gandhian

The promotion of cottage industries and cooperatives in rural areas



43A

To take steps to secure participation of

Liberal

workers in the management of industries 43B

Promotion of Cooperative Societies

Gandhian

*44

A uniform civil code for the country

Liberal

45

Provision of early child hood care and Liberal education to children below the age of six years

46

The

promotion

of

educational

and Gandhian

economic interests of weaker SCs, STs and other weaker sections of society 47

The prohibition of intoxicating drugs and drinks – Duty of the state to raise the Gandhian level of Nutrition and standard of living

48

Organization of agriculture and animal Liberal husbandry along scientific lines

48A

Safeguarding the forests , wildlife of the Liberal country

there

by

protecting

and

improving the environment 49

Protecting monuments and

places of



artistic or historical importance which are Liberal to

be

declared

to

be

of

National

Importance 50

Separation of the judiciary and executive

Liberal

51

promote International peace and security

Liberal

The governments from time to time tried to give effect to some Directive Principles of State Policy. They ed several zamindari abolition bills, nationalized banks, enacted numerous factory laws, fixed minimum wages, cottage and small industries were promoted and provisions for reservation for the uplift of the scheduled castes and scheduled tribes were made and also Directive Principles include the right to education, formation of panchayati raj institutions all over the country, partial right to work under employment guarantee program and the mid-day meal scheme etc. Are they are same from the beginning:  The 42nd Amendment Act, 1976 added 4 new DPSP to the original list 1. To secure Opportunities for healthy development of Children(Art 39) 2. To promote the equal justice and to provide free legal aid to the poor(Art 39A).



3. To take steps to secure participation of workers in the management of industries(Art 43A) 4. Safeguarding the forests , wildlife of the country there by protecting and improving the environment(Art 48A)  The 44th Amendment Act, 1978 added one more DPSP 1. State to minimize the inequalities in income, status, facilities and opportunities.  The 86th Amendment Act, 2002 changed the subject matter of Article 45 to Child care and Education for all children until they complete the age of 6 years.  97th Amendment Act, 2011 added Promotion of Cooperative Societies.

Important Directive Principles Broadly speaking, there are three types of Directive Principles aimed at providing social and economic justice and ushering in a welfare state. Note: Constitution didn’t classify them but based on the content we classify them as below

1.

Socio – Economic Principles: They require the State: DPSP under Articles 39: Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


(a) to provide adequate means of livelihood to all citizens; (b) to prevent concentration of wealth and means of production and ensure equitable distribution of wealth and material resources; (c) to secure equal pay for equal work of men as well as women; (d) to ensure a decent standard of living and leisure for all workers; (e) to provide necessary opportunities and facilities to children and youth to prevent their exploitation; and Article 39A: to promote equal justice and to provide free legal aid to the poor. Article 41: to make efforts to secure the right to work, education and public assistance in case of unemployment, sickness, old age etc.

2.

Gandhian Principles: These are based on the Gandhian Ideology. These include. (a) The establishment of village Panchayats to function as units of self government (Article 40); (b) The promotion of cottage industries and cooperatives in rural areas (Article 43); (b) The promotion of educational and economic interests of weaker SCs, STs and other weaker sections of society (Article 46); (d) The prohibition of intoxicating drugs and drinks (Article 47); And Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


(e) Prevention of the slaughter of cows, calves and other milch cattle etc (Article 48). 3.

Liberal Principles: The principles are based on liberal thinking and emphasize the need for; (a) A uniform civil code for the country (Article 44); (b) Provision of early child hood care and education to children below the age of six years. (Article45) (86th Amendment Act, 2002) Note: in original it was Free and compulsory education for all children up to the age of 14 years. Right of children between 6years to 14 years is included under FR Article 21A) (c) Organization of agriculture and animal husbandry along scientific lines (Article 48); (d) Safeguarding the forests, wildlife of the country there by protecting and improving the environment (Article 48A) (e) Protecting monuments and places of artistic or historical importance which are to be declared to be of National Importance (Article 49). (f) Separation of the judiciary and executive (Article 50); (g) To maintain just and honorable relation between states and promote International peace and security (Article 51). (g) Securing the participation of workers in the management of industries (43A);



The real significance of the directive principles lies in the fact that they intend to provide social and economic democracy in the country without which political democracy is a farce. Difference between Fundamental Rights and Directive Principles 

Fundamental rights constitute limitations upon State action i.e. these are negatives, while the Directive Principles are instruments of instruction to the Government i.e. these are positives.



The directive requires to be implemented by legislation whole fundamental rights are already provided in the Constitution.



The Directives are not enforceable in the Courts and do not create any Justiciable rights in favor of the individuals, what the Fundamental Rights are enforceable by the Courts.



In case of any conflict between fundamental rights and directive principles the former should prevail in the Courts.



Fundamental rights have Legal sanctions where as DPSP have moral and political sanctions



FRs promote welfare of Individual, Hence they are Personal and individualistic in nature. DPSP promote the welfare of the community hence they are societarian and socialistic Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


PART IV A - FUNDAMENTAL DUTIES (Article 51a – Article 51k)  Fundamental Duties are the duties to be followed by the citizens of India. Source: USSR Constitution  Original Constitution provided FRs and DPSP but not Fundamental duties.  During the emergency period(1975-1977), Government felt the need of these Fundamental duties and formed a committee chaired by Swaran Singh  For the first time, ten fundamental duties have been enumerated in the constitution with the 42nd amendment act of 1976. These have been provided in part (IV) A, Article 51A, and are as under: Features: 1. These are moral duties and civic duties of the citizens 2. They refer to the values enriched in Indian tradition, Mythology, Religions and Practice. 3. These are extended to citizens of India only 4. These are nonjustiable but parliament is free to make laws for their enforcement It shall be the duty of every citizen of India___ a. To abide by the constitution and respect its ideals and institutions, the National Flag and National struggle for freedom. b. To cherish and follow the noble ideas which inspired our national struggle for freedom. c. To uphold and protect the sovereignty, unity and integrity of India. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


d. To defend the country and render national service when called upon to do so. e. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, Linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women. f. To value and preserve the rich heritage of our composite culture. g. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have comion for living creatures. h. To develop the scientific temper, humanism and the spirit of inquiry and reform. i. To safeguard public property and to abjure violence. j. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement. k. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. The last fundamental Duty [Article 51A (k)] was added through the 86th Constitutional Amendment Act, 2002.

What we can interpret? These are warning against the anti national and antisocial activities like burning national flag, destroying public property etc. These are reminding us the duties we owe to the country, the society And to the fellow citizens Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


These serve a source of inspiration to us and promote a sense of discipline and commitment among them.

Schedules in constitution

What is Schedule? Schedules are lists in the Constitution that categorizes and tabulates bureaucratic activity and policy of the Government. Our constitution had 8 Schedules originally. The First Amendment Act added the 9th schedule in the constitution. 35th Amendment Act added the 10th schedule in the constitution in 1974 regarding the “associate Status” of the Sikkim. Later 36th amendment act itted Sikkim as state of India. A New 10th schedule was added by 52th amendment act 1985 in context with the “Antidefection” law.

First Schedule: This lists the Names of the states, Union territories and their territorial jurisdiction on of India, lists any changes to their borders and the laws used to make that change. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


Number of States in 1950 are 29 By the recommendations of Fazl Ali Commission (First SRC), the Number states restricted to 14 along with 6 Union Territories. At Present the Number of States are: 29 and UTs are 7(including Delhi National Capital Territory)

When did the remaining states added? 1) In 1960, State of Bombay was divided into 2 separate states i.e. Gujarat and Maharashtra (Mumbai state was renamed). Thus the Gujarat was established as 15th state of India. Not By Constitutional amendment Act but by Bombay State Reorganization Act, 1960. 2) In 1961, Dadra Nagar Haveli was converted to Union Territory by the 10th Constitutional Amendment Act,1961 3) In 1962, Goa, Damn and Diu were made as UTs by 12th Constitutional Amendment Act, 1962 and later Goa was given a Separate Statehood in 1987 by Goa, Diu and Damn Reorganization Act, 1987. Note: Dadra nagar Haveli, Goa and Diu Damn were under the control of Portuguese.



4) In 1963, Puducherry (Earlier Under the Control of French) was Made UT by 14th Constitutional Amendment Act, 1962 5) In 1963, Nagaland was separated out of Assam and created as 16th state of Indian Union. 6) In 1966, Punjab was bifurcated and Haryana was created as 17th State of Indian Union along with Chandigarh as UT by Punjab Reorganization Act, 1966. 7) In 1971, Already Existing UT Himachal Pradesh was made as State and it became the 18th State of Indian Union by . 8) In 1972 there was major change in North Eastern Region. a. Already Existing 2 UTs Manipur and Tripura along with Meghalaya became States. b. Mizoram, Arunachal Pradesh was made UTs. Manipur – 19th State Tripura – 20th State Meghalaya – 21st State 9) In 1975, by 36th Constitutional Amendment Act, 1975 Sikkim became the Full State. i.e. 22nd State of Indian Union. 10) In 1987, UTs Mizoram and Arunachal Pradesh were made State along with Goa. Goa was separated from UT Goa, Damn and Diu. Mizoram – 23rd State Arunachal Pradesh – 24th State

Goa – 25th State



11) In 2000, 3 New States of Chhattisgarh (26th State), Uttarakhand (27th State) and Jharkhand(28th State) Created 12) In 2014, Telangana (29th State) was created out of United Andhrapradesh by AP State Reorganization act, 2014

Second Schedule: Emoluments for High-Level Officials – This lists the salaries of officials holding public office, judges, and Controller and Auditor-General of India. List Includes 1. The President of India 2. The Governors of State 3. The Speaker and Deputy Speaker of Loksabha and State Legislative Assembly. 4. The Chairmen and Deputy Chairmen of Rajya Sabha and State Legislative Council. 5. The Judges of Supreme Court and High Court.

Third Schedule: Forms of Oaths – This lists the oaths of offices for elected officials and judges.

Fourth Schedule: Allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.



Most Number of Rajya Sabha Seats: UttarPradesh-31 Except Assam, All the North Eastern States has only One Rajyasabha Seats. Goa also has Only One Rajya Sabha Seat. In UTs: Delhi has 3 seats and Puducherry has 1 Seat. Fifth Schedule: istration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions). Scheduled Areas are autonomous areas within a state, istered federally, usually populated by a predominant Scheduled Tribe. Scheduled Tribes are groups of indigenous people, identified in the Constitution, struggling socio-economically Sixth Schedule: Provisions for the istration of tribal areas in Assam, Meghalaya, Tripura, Mizoram.

Seventh Schedule: The union (central government), state, and concurrent lists of responsibilities. List I(Union List): 100 Subject( Originally 97 Subjects) List II(State List): 61 Subjecta(Originally 66 Subjects)



List III( Concurrent List) :52 subjects( Originally 47 Subjects)

Eighth Schedule: The official languages. Originally, There are 14 Languages. They are a. Assamese

b. Bengali

c. Gujarati

d. Hindi

e. Kannada

f. Kashmiri

g. Malayalam

h. Marathi

i. Oriya

j. Punjabi

k. Sanskrit

l. Tamil

m. Telugu

n. Urdu

Sindh was added by 21st Amendment act, 1967. Konkani, Manipuri, Nepali Were added by 71st Amendment Act, 1992 Bodo, Dongri, Maithali and Santhali were added by 92nd Amendent Act,

Thus the present Number of Official languages has become 22.



Note: English is not an Official Language. Ninth Schedule: This was added by the 1st amendment Act, 1951. It deals with the with Land reforms and abolition o Zamindari System Please note that 9th schedule comes under Judicial Review. Tenth Schedule: This was added by the 52nd Amendment Act, 1985 and is known as Anti defection Law. “Anti-defection law” has provisions for the disqualification of of Parliament and of the State Legislatures on the ground of defection.. Eleventh Schedule: This was added by the 73rd Constitutional Amendment Act, 1992 and it specifies the Powers, Authority and responsibilities of Panchayats (rural local government). Twelfth Schedule: This was added by the 74th Constitutional Amendment Act, 1992 and it specifies the Powers, Authority and responsibities of Muncipalities (urban local government)

AMENDMENT OF THE CONSTITUTION



Article 368 in Part XX of the constitution has provided the powers to Parliament to Add, Modify or repeal any provision of the constitution in accordance with procedure laid down for the purpose.

It the procedure laid down by the Constitution for its amendment is neither so easy as in England nor so difficult as in the United States. The Constitution of England is highly flexible. It can be amended by a simple majority of the British Parliament.

Restriction: Parliament cannot amend those provisions which form the basic structure if the constitution. Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


What is the procedure for the Amendment?? Procedure for amendment: It can be initiated only in parliament by the introduction of bill for the purpose in either of the House (Loksabha or Rajyasabha) but not in state legislature. Who can introduce? Any member of the House and importantly, prior permission from president not required. Once introduced it will be put up for voting What is the Number required for the bill to be ed? a. It should be ed in each house by special majority i.e. two third of majority of the present and vote. Should be ed in both the Houses, What If not?



Yes, both the houses should the bill. In case of disagreement, there is no provision for t sitting. Only Parliament approval is enough? Yes, but in some cases, which deals with federal character of the Nation, State legislatures has to ratify it by a simple majority means half the present and voted in the House. Then What? Once ed in both the houses of the parliament and ratified by the State legislatures the bill is presented to the president for his assent. President must give his assent means he cannot with hold the bill or he cannot return the bill back to the parliament Once President Assent is received, Bill becomes an Act i.e. Constitutional Amendment act.

Types of amendments:



Article 368 provides for two types of amendments. i.e. Amendment by special majority of the parliament and Amendment by special majority of the parliament and the ratification of half of the state legislatures but some other articles provide amendment by a simple majority of the parliament

Therefore, the constitution can be amended in three ways. The Constitution can be amended in 3 ways. a. Amendment by simple majority of the parliament b. Amendment by special majority of the parliament



c. Amendment by special majority of the parliament and the ratification of half of the state legislatures.

Elaborate: a. Amendment by simple majority of the parliament: This amendment does not come under article 368. Required Strength: Simple majority of the people present and Vote What are the provisions? 1. ission and Formation of New states. Alteration of areas, boundaries or names of existing states. 2. Second Schedule 3. Salaries and allowances of Parliament 4. Rules of procedure in Parliament 5. Privileges of the parliament, Its and its committees 6. Use of English language in Parliament 7. Citizenship – Acquisition and termination 8. Elections to the parliament and state legislatures Watch explanatory videos of these notes at www.youtube.com/c/wefocusclasses1 and Playlist: Indian Polity


9. Union Territories. 10. Delimitation of constituencies. 11. Fifth Schedule: istration of scheduled Areas and Scheduled Tribes 12. Sixth Schedule: istration of Tribal Areas.

b. Amendment by special majority of the parliament: The majority of the provisions of the Constitution can be amended by a special majority of each House. Required Strength: majority of parliaments total hip (irrespective of vacancies and absentees) and a two-thirds majority of the present and voting in each House separately. Provisions: i) Fundamental Rights ii) DPSP iii) All other provisions which are not covered by the first and third categories.



Amendment by special majority of the parliament and the ratification of half of the state legislatures. A highly rigid method of amendment is provided for some provisions of the Constitution which have vital importance for the States and the Indian Union. Required Strength: majority of parliaments total hip and a two-thirds majority of the present and voting in each House separately. It must also be ratified by at least half of the legislatures of the States before the President gives assent to it. These provisions include: A. election of the President B. executive powers of the Union Government and the State Governments, legislative relations between the Union and the States c. Supreme Court and State High Courts, D. representation of the States in Parliament. e. Any of the lists in the 7th Schedule f. Powers of parliament to amend Article 368




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