Indian Constitution September 3, 2009

Chapter three Introduction to Indian constitution Indian constitution is the longest constitution in the world. it is the highest law of the land. Originally it contained 395 articles & 8 schedules. After amendments till now there are 447 articles and 12 schedules. Indian constitution includes administrative provisions in details. These are the fundamental principles of governance. Followed by maker of constitution from government act of 1935 It also include the constitution of constituents of Indian federation i.e. state. State j&k is exception as it has its own constitution and this special stratus to it is provided by article 370 in order to address the regional problems of certain states, article 371,371-1 have been introduced after inauguration of constitution. These articles deal with Assam Manipur Andhra Pradesh Maharashtra Gujarat Sikkim mizoram it has procedure & power of amendment of itself in article 368 it is rigid as well as flexible written which shows its rigidity and parliamentary sovereignty some room is left to for conventions for speaker of lok Sabha as in England preamble is not an enforceable part of constitution 3 word’s secularism, socialism, integrity added to preamble by amendment 42 act Indian unitary based federal system Following feature make India a federation dual polity division of power bicameralism supremacy of constitution written constitution rigid constitution Following feature makes India a unitary body · appointment of governor by centre · parliament of to legistrate · emergency provision · single constitution · single citizenship · flexibility of cobnstitution Chapter three Citizenship There is single citizenship for every Indian Citizen is the person who enjoys civil and political rights Right enshrined in following article are assined to citrizen only 15,6,19,29,30,58(1)a,67(3)a,124(3),217(2),76(1)157,165 Right of voting is given to citizen only Article 5-8 mention about citizenship The citizenship of domicile by only two conditions May be domicile of India at the time of commencement of constitution and one of following Born in India Parents are Indian Residing In India for more then 5 years

Constitution Watch September 3, 2009

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CONSTITUTIONAL LANDMARK IMPORTANT PROVISION REGULATION ACT OF 1773 1ST STEP BY BRITISH GOVERNMENT TO REHULATE AFFAIR OF EASINDIACOMPANY ESTABLIHED A DEFINATE SYSTEM OF GOERMENT OF INDIA DESIGNATED GOVERNOR OF INDIA AS GOVERNOR GENERAL OF INDIA ESTABLIHED SUPREME COURT IN CALLCUTTA PITTS ACT OF 1784 INDIAN AFFAIR CAME UNDER DIRECT CONTROL OF BRITISH GOVERNMENT DISTINGUISHED BETWEEN COMMERCIAL & POLITICAL FUNCTION OF COMPANY BOARD OF CONTROL ESTABLISHED INTRODUCED DOUBLE GOVERMENT CHARTER ACT OF1833 GG OF BENGAL BECOME GOVERNOR GFENERAL OF INDIA FINAL STEP TOWARD CENTERALITATION IN INDIA CREATED GOVERNMENT OF INDIA FOR FIRST TIME HAVING AUTHORITY OVER BRITISH INDIA ENDED ACTIVITIES OF EAST INDIA COMPANY AS COMMERCIAL BODY CHARTER ACT OF 1853 SEPRARATED LEGISLATIVE &EXECUTIVE FUNCTIONS OF GOVERNMENT OF INDIA OPEN COMPITION FOR CIVIL SERVICES OF THE COMPANY CREATED SEPARATE LEGISLATIVE COUNCILS 4 INDIA GOVERNMENT OF INDIA 1858 RULE OF COMPANY CHANGED TO RULE OF CROWN GOVERNOR GENERAL BECOME AGENT OF THE CROWN SECTRATORY OF STATE FOR INDIA WAS APPOINTED TO EXERCISE THE POWER OF THE CROWN HE WAS A MEMBER OF BRITISH CABINET INDIAN COUNCILS ACT 1861 SEEDS OF PARLIAMENTRYSYSTEMS SOWN IN INDIA INTRODUCED INDIAN AND NON OFFICIAL MEMBER IN LEGISLATURE INITILISED PROCESS OF DECENTERALISATION SOURCES OF INDIAN CONSTITUTION COUNTRY CONSTITUIONAL PROVISION BORROWED UK PARLIAMENTARY SYSTEM BICAMERAL PARLIAMENT LOWER HOUSE MORE POWERFUL POWER OF SPEAKER IN LOK SABHA PRIME MINISTER COUNCIL OF MINISTER USA WRITTEN COUNSTITUTION FUNDAMENTAL RIGHTS SUPEREME COURT HEAD OF STATE JUDICIAL REVIEW AUSTRALIA COCURRNT LIST CENTRAL STATE RELATIONSHIP ERSTWHILE FUNDAMENTAL DUTIES 5 YEAR PLAN GERMANY EMERGENCY PROVISION CANADA FEDRAL SYSTE RESIDUARY POWERS IRELAND CONCEPT OF DIRECTIVE PRINCIPLES

Indian polity September 3, 2009

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Indian polity Chapter one Constitutional development Idea of making a constitutional assembly was first given by M.N.Roy in 1934 Indian national congress demanded constitutional assembly in 1935 First time it was constituted in 1940 which was envisaged after world war II Finally it was re constructed in 1946 under the cabinet mission plan in 1946 It had total 389 member out which 296 were indirectly elected & 93 were nominated by princly states. So it has nominated as well as elected members Its first meeting held on Dec 9,1946 It was boycotted by muslim league due to which it had remained only 211 member It was brought about by government and can be aboilished by it so it was not a sovereign body Dr. sachinand the oldest member was elected 1st temporarily head of the assembly Later Dr. Rajinder parsad was elected president and H.C.mukherji was elected vice president Sir B.N rao was elected constitutional advisor of the assembly Objective rsolution was given by Pt. Jawaharlal Nehru which was the permeable of constitution India member ship in commonwealth was ratified in may 1949 National flag was was adopted in 22 july 1947 National song and national anthem were assigned in January 24 1950 Elected Dr.Rajinder Parsad as 1st president of India Constitution was passed in 26 November 1949 which was adopted in December 1949 The provision like citizen ship election provisional parliament was given effect from 26 november 1949 while rest constitution came into rest in 26th January The last session of constitutional assembly held in 24 january 1950 The temporary provision parliament even worked after republic day till general election in 1951-52 The constitutional assembly has following committee Drafting committee headed by DR.B.R.Ambedkar Committee of state headed by Sardar Patel Union constitution committee V Pt. Jawaherlal Nehru provincial constitution commitee headed by sardar patel committee to examine the draft constitution headed by alladi krishana swamy union power committee headed by jawaher lal Nehru committee of fundamental right was headed by sardar patel so the iron man alone headed three committees of constitutional assembly most important committee was was drafting committee consisted seven members the member of drafting committee were Dr. ambedkar N.gopalswami alladi Krishna swami dr. km munshi sayad saadullah n.madhav rau t.t krishnamurti D.P. khaitan was member of constitutional assembly whoi died in 1948 before it was completed DR.B.R ambedkar is assigned father of Indian contituton

Supreme Court of India August 26, 2009

-In India, the Supreme Court of India was created on January 28, 1950 after the adoption of the Constitution.

-The Supreme Court is a constitutional authority independent from political interference.

-All judgments are binding across all states of India, the exception being the state of Jammu and Kashmir where the Indian Penal Code is not applicable.

-The court rulings take precedence over state High Courts.

-In extremely rare cases such as capital punishment, the decision may be passed on to the President of India for clemency petitions.

Fundamental Rights, Fundamental Duties, Directive Principles of State Policy August 22, 2009

Constitutional Rights for Indian Citizens

- Fundamental rights under articles 15, 16, 19
- Some important posts reserved
- right to vote

The Parliament has passed a bill on dual citizenship for persons of Indian Origin ( PIO) living abroad.

Fundamental Duties

–> By 42nd Amendment, part IV A, Aticle 51 A
–> There are 10 fundamental duties.
–> Justice Verma Committee had recommended for enforcement of Fundamental duties by the citizens.

Directive Principles of State Policy (DPSP)

-> From Article 37- Article 51
-> Part IV of the Constitution

DPSP as mentioned in other parts of the constitution:

-> Article 350: Providing primary education in mother tongue for people of minority class
-> Article 351: Duty to spread Hindi Language amongst people of India
-> Article 335: To appoint SC, ST in state and union services

DPSP are Affected by Western Liberalism

Some Important DPSPs

Article 44: Uniform Civil Code
Article 45: Free and Compulsory Education for Children
Article 50: Separation of Judiciary from Public Services
Article 51: Development of International peace and Security
Article 49: Protection of National and Historical Monuments

Notes on Fundamental Rights August 22, 2009

Fundamental Rights
Part III of the Indian Constitution( A 12-35) deals with the FR granted to individuals.
Originally seven groups of rights. But now 44th Amendment ‘Right to property’ deleted.
1) Right to equality and liberty : Art (14-18)
14: Equality before law
15: Prohibition of discrimination
16: Equality of opportunity
17: Abolishes practices of untouchability
18: Prohibits state from confirming any title

2) Right to Freedom. (19-22)
-Freedom of speech and expression
-Freedom of Assembly
-Freedom to form associations
-Freedom to move freely throughout India
-Freedom to reside and settle in any part of the country
-Freedom to practice any profession

3) Right against Exploitation (23-24)
Art 23: Prohibits traffic against human beings and beggar
Art 24: Prohibits employment of children below 14 years of age in factories mines etc.

4) Right of Freedom of Religion (25-28)

5) Right for Culture and Education (Article 29-30)

6) Right to Constitutional Remedies(Article 32)

• Dr Ambedkar call article 32 as “the very soul of the constitution and the very heart of it”.

• In Golaknath case in 1967, the SC ruled that parliament has no power to amend any of the provisions of part III so as to take away or abridge fundamental rights as guaranteed by the constitution.

• In Keshawnand Bharti case, the SC ruled that parliament has power to amend, but it can not destroy the basic structure of the constitution.

• In T.K,Rangarajan Vs Govt of TN and others, SC observed that govt employees including doctors working in state run hospitals and dispensaries have no “fundamental, legal, moral or equitable right to go on strike even for a just cause”.

Distinction between Fundamental Rights and Directive Principles

*Fundamental Rights are justifiable while Directive Principles are not.

* Fundamental Rights are negative and Directive Principles are positive.

* Fundamental Rights responsible for political democracy while Directive Principles are for establishment of economical and welfare state.

* If there is discrepancy between Fundamental Rights and Directive Principles then Fundamental Rights will prevail.

The Writs:
Habeas Corpus: “To have a body”- An order calling a person who has detained another to produce the letter before the court to let it know, on what ground he has been confirmed.

Prohibition : It is issued by SC or HC to a inferior court forbidding jurisdiction or to usurp a jurisdiction with which it is not legally vested.

Mandamus: ”We command” : Commands the person to whom it is addressed to perform some public or quasilegal duty which he has refused to perform.

Certiorary: It is issued to a lower court after a case has been decided by it, quashing the decision or order.
Qua-Wananto: It is a proceeding by which the court enquires into the legality of the claim which a party asserts to a public office.