Historical Background of Constitutional
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 1 THE STRUCTURE OF INDIAN CONSTITUTION. NATIONAL SYMBOLS
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THE STRUCTURE OF INDIAN CONSTITUTION. The structure of Indian Constitution : It consists of (i) Articles, (ii) Parts,(iii) Schedules and (iv) Appendices Articles It has numbered and further expanded its provisions as "Clause" and "Sub-Clause". Currently there are around 465 Articles but originally there were 395 Articles.
Parts The individual Articles of the. Constitution are grouped together in Parts. Indian Constitution has 25 parts currently but originally it had 22 parts.
Schedules Schedules are lists in the Constitution that categories and tabulate bureaucratic activity and policy of the Government. Currently there are 12 schedules but originally it had 8 schedules only. Appendices There are five appendices: a) Appendix I : The Constitution (Application to Jammu and Kashmir) Order, 1954; b) Appendix II : Restatement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir; c) Appendix. III :Extracts from the Constitution (44th Amendment) Act, 1978; d) Appendix IV : The Constitution (86th Amendment) Act, 2002 and e) Appendix V :The Constitution (88th Amendment) Act, 2003.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY NATIONAL SYMBOLS National Flag The National flag is horizontal tricolour of deep saffron (kesaria)at the top, whitein the middle and dark green at the bottom in equal proportion. The ratio of width of the flag to its length is 2 : 3. In the centre of the white band is a navy-blue wheel which represents the Chakra. It has 24 spokes. Its design in that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. The National flag (Tiranga) is based on the Swaraj flag, a flag the Indian National Congress got designed by Pingali Venkayya. The design of the National Flag was adopted by the Constituent Assembly of India on 22 July, 1947. Usage of the flag is governed by the Flag Code of India, 2002 which took effect from 26 January, 2002. It brings together laws, conventions, practices and instructions to all. The right to manufacture the flag is held by the Khadi Development and Village industries Commission which allocates it to the regional groups. As on 2009, the Karnataka Khadi Gramodyoga Samyukta Sangha has been the sole manufacturer of the flag. National Emblem It is a replica of the Lion of Sarnath, near Varanasi in Uttar Pradesh. It was adopted on 26 January, 1950. The 4 lions (one hidden from view) symbolizing power, courage and confidence - rest on a circular abacus. The abacus rests on a lotus in full bloom, exemplifying the fountainhead of life and creative inspiration. The abacus is guarded by four animals guardians of the four directions : the lion on the north, the elephant on the east, the horse on the south and the bull on the west. The words Satyameva Jayate is from Mundaka Upanishad which means Truth Alone Triumphs. It is inscribed below the abacus of the emblem in Devanagari script and also referred to as the National Motto. National Anthem The song Jana-gana-mana, composed originally in Bengali by Rabindranath Tagore, was adopted in its Hindi version as the National Anthem of India on 24 January, 1950. It was first sung on 27th December, 1911 at the Kolkata Session of the Indian national Congress. The complete song consists of five stanzas. The duration of the national anthem is approximately 52 secs. A short version consisting of the first and last lines of the stanza (playing time approximately 20 seconds) is also played on certain occasions. Present tune for national anthem was composed by Captain Ram Singh Thakur. The lyrics were rendered into English by Rabindranath Tagore himself. Bharat Bhagya Vidhata was the title under which the song was first published in January 1912 issue of Tatvabodhini Patrika; whose editor was Tagore. The Anthem turned 100 years in 2011. m 2013 is also the 100th year of winning the Nobel Prize for literature - Gitanjali.
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Jana-gana-mana-adhinayaka, jaya he Bharata-bhagya-vidhata. Punjab-Singh-Gujarat-Maratha Dravida-Utkala-Banga Vindhya-Himachala-Yamuna-Ganga Uchchala-Jaladhi-taranga. Tava shubha name jage, Tava shubha asisa mange, Gahe tava jaya gatha, Jana-gana-mangala-dayaka jaya he Bharata-bhagya-vidhata. Jaya he, jaya he, jaya he, jaya, jaya, jaya, jaya he!
National Song The song Vande Mataram, composed in sanskrit by Bankimchandra Chatterji, was a source of inspiration to the people in their struggle for freedom. It has an equal status with Jana-Gana-Mana. it was first sung at the 1896 session of the Indian National Congress. The song first appeared in his book Anandamatha, published in 1882 the song itself was actually written six years prior in 1876.
Session of parliament begins with 'Jana-gana-mana' and concludes with 'Vande Mataram'.
Vande Mataram! Sujalam, suphalam, malayaja Shitalam, Shasyashyamalam, Mataram! Shubhrajyotsna pulakitayamini, Phullakusumita drumadala shobhini, Suhasinim sumadhura bhashinim, Sukhadam varadam, Mataram!
National Calendar The National Calendar based on the Saka Era with Chaitra as its first month and a normal year of 365 days was adopted from 22 March, 1957 along with the Gregorian calendar. Dates of the national calendar have a permanent correspondence with dates of the Gregorian calendar, 1 Chaitra falling on 22 March normally and on 21 March in leap year.
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Indian National Calendar No. Month Length Gregorian date 1. Chaitra 30/31 March 22* 2. Vaishakh 31 April 21 3. Jyaishtha 31 May 22 4. Ashadha 31. June 22 5. Shravana 31 July 23 6. Bhadrapad 31 August 23 7. Ashwin 30 September 23 8. Kartik 30 October 23 9. Agahayana 30 November 23 10. Paush 30 December 22 11. Magh 30 January 21 12. Phalgun 30 February 20 National Flower Lotus (Nelumbo nucifera) is the National Flower of India. India ranks 10th in the world and 4th in Asia in plant diversity. National Animal The Tiger (Panthera Tigris) is the national animal of India. Out of the 8 races of the species known, the Indian race, the Royal Bengal Tiger is found throughout the country (except the north-western region). The Government of India, under its Project Tiger programme, started a massive effort to preserve the tiger population in 1973. So far, 50 tiger reserves have been established in the country. The Project Tiger is administered by the National Tiger Conservation Authority. The fourth cycle of the All India Tiger Estimation 2018 estimated that the country now has 2967 tigers as per the latest census. National River The Ganga is the national river of India. It is the longest river of India flowing over 2704 km of mountains, valleys and plains. It originates from Gangotri Glacier in the Himalayas as the Bhagirathi. The Ganga is revered by Hindus as the most sacred river on earth. National Tree The Banyan (Bargad) also called the Indian fig tree (Ficus bengalensis) is the National tree of India. Because of characteristic and longevity, this tree is considered immortal and is an integral part of the myths and legends of India. National Bird The Peacock (Pavo cristatus) is the national bird of India. It is a symbol of grace, joy, beauty and love. The male of the species is more colorful than the female. It is fully protected under the Indian Wildlife (Protection) Act, 1972.
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National Fruit The Mango (mangifera indica) is the national fruit of India. The mango is one of the most important and widely cultivated fruits of the tropical world. Its juicy fruit is a rich source of Vitamins A, C and D. National Monument India Gate, one of .the largest war memorials, situated in the heart of New Delhi, is the National Monument of India. It was erected in memory of 90,000 soldiers who lost their lives fighting in the World War I and Afghan War for the British Army. It was designed by Sir Edwin Lutyens. It was earlier called All India War Memorial. National Aquatic Animal River Dolphin (Platanista Gangetica) is an endangered species in India. Therefore, it has been put in Schedule I of the Wildlife Protection Act, 1972. National Currency Symbol (Rs.) The symbol Rs. of Indian rupee came on 15th July, 2010. Rs. is an amalgamation of Devanagri `Ra' and the Roman `R' without the stem. It was designed by D. Uday Kumar, a post-graduate of IIT, Bombay which was finally selected by the Union Cabinet on 15th July, 2010. Indian Standard Time (IST) Indian Standard Meridian passes through 5 states: Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Orissa and Andhra Pradesh. This meridian helps in calculating the Indian .Standard Time (IST) which is 5 hours 30 minutes ahead of the Greenwich Mean Time (GMT). National Game Hockey is the National Game of India. The Golden Era of Hockey in India was the period from 1928-1956 when India won 6 consecutive gold medals in the Olympics. National Heritage Animal Elephant is the National Heritage Animal of India. Around 60% of Asiatic Elephants live in India.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 2 HISTORICAL BACKGROUND OF CONSTITUTIONAL DEVELOPMENT ------HISTORICAL BACKGROUND OF CONSTITUTIONAL DEVELOPMENT The topics we are going to cover today are very relevant from the prelims as well as mains point of view, in Prelims & Mains several questions have been asked from Constituent Assembly. The following are the topics which we are going to cover today:
THE COMPANY RULE (1773-1858) Regulating Act of 1773 Pitt's India Act of 1784 Charter Act of 1786 Charter Act of 1793 Charter Act of 1813 Charter Act of 1833 Charter Act of 1853
THE CROWN RULE (1858-1947) Government of India Act of 1858 Indian Council Act of 1863 Indian Council Act of 1892 Indian Council Act of 1909 Government of India Act of 1919 Government of India Act of 1935 Indian Independence Act of 1947
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Historical Background of Constitutional Development India was a direct colony of the British and the impact of this colonial rule over the economy, society and polity of India has been quite deep. Various features of the Indian Constitution have their roots in the British rule which laid down the legal framework for the organization and functioning of government and administration. They are explained below in a chronological order.
Colony A country which is politically dependent on a foreign state. Colonialism It implies the extra-territorial expansion of a country politically and economically advanced in comparison to the country being thus subjugated and controlled.
British Rule in India
The Company Rule (1773-1858) The Crown Rule (1858-1947) 1. Regulating Act of 1773 1. Government of India Act of 1858 2. Pitt's India Act of 1784 2. Indian Council Act of 1863 3. Charter Act of 1786 3. Indian Council Act of 1892 4. Charter Act of 1793 4. Indian Council Act of 1909 5. Charter Act of 1813 5. Government of India Act of 1919 6. Charter Act of 1833 6. Government of India Act of 1935 7. Charter Act of 1853 7. Indian Independence Act of 1947
The Company Rule (1773-1858) Regulating Act of 1773 It is also known as the Act of Settlement. It laid the foundation of central administration in India. During this time, Lord North was the Prime Minister of England. The Governor of Bengal was made the Governor General of Bengal. The first such Governor General was Lord Warren Hastings. A Supreme Court was established at Calcutta in 1774. Sir Elijah Impey was the first Chief Justice. Pitts India Act, 1784 This Act was drafted during British Prime Minister William Pitt the Younger. Set up a Governor General of Bengal in Fort William with Supervisory powers over Madras and Bombay. Established the dual system of control. A new body - Board of Control was established. The Company's territories in India were called British possessions. Charter Act, 1786 Governor General had the power of the commander-in-chief. Governor General had the power to override the majority of the council. Charter Act, 1793
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY The monopoly of trade with India for another twenty years was given. The salaries for the staff and members of the Board of Control to be paid from Indian Revenue. Charter Act, 1813 Ended the company monopoly of trade. Provided Rs. One lakh grant for education. Charter Act, 1833 Made the Governor General of Bengal as the Governor General of India. Lord William Bentinck was the first Governor General of India. Ended the activities of the East India Company as a commercial body and became an administrative body. Under Lord Macaulay, a Law Commission was set up for codification of laws. Charter Act, 1853 The Macaulay Committee (the committee on the Indian Civil Service) was appointed in 1854. Introduced an open competition system of selection and recruitment of civil servants. Introduced local representation in the Central Legislative Council.
THE CROWN RULE (1858-1947) Government of India Act, 1858 The Act abolished the East India Company and the power was transferred from the company to the British Crown. The Court of Directors and the Board of Control was abolished. The Governor General of India was renamed as the Viceroy of India. Lord Canning became the first viceroy of India. The Secretary of State for India was appointed. Indian Council Act, 1863 Introduction of the representative institutions in India. Decentralized legislative power. Statutory recognition to the portfolio system. Portfolio system was coined by Lord Canning in 1859.
Indian Council Act, 1892 Gave the power of discussing the budget and addressing question to the executive. Filling up some of the non-official seats both in the central and provincial legislative council.
Indian Council Act, 1909 Known as Morley — Minto Reforms. Lord Morley was the Secretary of State of India and Lord Minto was the Viceroy of India. Satyendra Prasad Sinha became the first Indian to join the executive council of the viceroy. Communal representation was introduced, as Muslims were given a separate electorates. This Act legalized communalism and Lord Minto came to be known as the Father of Communal Electorate.
Government of India Act 1919 Known as Montague-Chelmsford Reforms. Samuel Montague was the secretary of state for India Lord Chelmsford was the Viceroy of India. MPPSC PRELIMS 2020- MPPSCADDA ATMANIRBHAR PRELIMS (MPPSC PRELIMS TEST SERIES 2020 Enroll @2499) Call: 9953733830 WhatsApp: 7982862964 Mail: [email protected] www.mppscadda.com
ATMANIRBHAR PRELIMS 100 DAYS - POLITY Dyarchy at the provinces was established. Relaxed the central-control over the provinces by separating the central, and provincial subjects. The provincial subjects were further sub-divided into transferred and reserved subjects Extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indian and Europeans. Created a new office of the high commissioner for India in London. Provided for the establishment of a public service commission. In 1926, a Central Public Service Commission was setup.
Government of India Act, 1935 It abolished dyarchy in the provinces and introduced 'provincial autonomy'. Provided for the establishment of an All India Federation comprising of provinces and princely states as units. The Act divided the powers between the Centre and the provinces in terms of three lists o Federal List (for Center) o Provincial List (for Provinces) and o Concurrent List (for both). It provided for the set up of a Reserve Bank of India to control the currency and credit of the country. It provided for the establishment of a Federal Court which was set up in 1937.
Indian Independence Act, 1947 It ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947. To demarcate boundary line between India and Pakistan, a commission was constituted under the chairmanship of Sir Cyril Radcliffe. It abolished the office of the Secretary. of State for India and transferred his functions to the Secretary of State for Commonwealth Affairs. It granted freedom to the Indian princely states either to joI1-n the Domination of India or Domination of Pakistan or to remain independent. It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states.
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MAKING OF THE CONSTITUTION ------LEARNING OBJECTIVES MAKING OF THE CONSTITUTION
The topics we are going to cover today are very relevant from the prelims as well as mains point of view, in Prelims & Mains several questions have been asked from Constituent Assembly. The following are the topics which we are going to cover today:
MAKING OF THE CONSTITUTION
Constituent Assembly Functions Performed C.A Committees of the Constituent Assembly Source of the Constitution at a Glance
SALIENT FEATURES OF THE CONSTITUTION OF INDIA
Important Articles of Indian constitution Schedules and its Subject matter
MAKING OF THE CONSTITUTION
The Constitution of India was enacted by the Constituent Assembly on November 26, 1949. This enactment completes 70 years on November 26, 2019. The Indian Constitution was a product of deliberations of the Assembly for over three years.
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Constituent Assembly debates can be broadly divided into four parts. Debate stages Debate dates Description of work Committees, such as Union Powers Committee, Committee on Fundamental Rights and Minorities, submitted reports to Preliminary Stage Dec 9, 1946 – Jan 27, 1948 outline the guiding principles of the Constitution. The drafting committee was constituted to prepare the draft Constitution. Drafting committee published the draft Constitution of India in February 1948. The First Reading Nov 4, 1948 – Nov 9, 1948 draft was introduced in the Assembly in November 1948. Clause by clause discussion of the draft was Second Reading Nov 15, 1948 – Oct 17, 1949 conducted in the Assembly. The Assembly finished the third reading and Third Reading Nov 14, 1949 – Nov 26, 1949 enacted the Constitution on November 26, 1949.
Key Takeaways The Constituent Assembly had 11 sessions over 2 years, 11 months and 18 days to complete the task of drafting the constitution. The Constitution-makers had gone through the constitutions of about 60 countries. The total expenditure incurred on making the Constitution amounted to Rs. 64 lakh. The Constituent Assembly was formed in Nov 1946 under the scheme drafted by Cabinet Mission Plan. The Constituent Assembly was both partly elected and partly nominated body. The total strength of the Constituent Assembly was 389. The Constituent Assembly held its first meeting on December 9, 1946. Dr. Sachchidanand Sinha was elected as the temporary President of the Assembly. On December 11, 1946, Dr. Rajendra Prasad and HC Mukherjee were elected as the President and Vice- President of the Assembly respectively. Sir B.N. Rau, was appointed as the Constitutional Advisor to the Assembly. On December 13, 1946, Pt Jawaharlal Nehru moved the Objective Resolution which resolved to proclaim India as an Independent sovereign Republic. The constitution was adopted on Nov 26, 1949 which contained Preamble, 395 Articles and 8 Schedules.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Other Functions Performed The Constituent Assembly also performed the following functions : (a) ratified the India's membership of the Commonwealth in May 1949. (b) adopted the national flag on July 22, 1947. (c) adopted the national anthem on January 24, 1950. (d) adopted the national song on January 24, 1950. (e) elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
Committees of the Constituent Assembly A number of committees were appointed to deal with different task of constitution-making.
Committee Chairman Drafting Committee Dr. B.R. Ambedkar Committee on the rules of Procedure Rajendra Prasad Steering Committee Rajendra Prasad Finance and Staff Committee Rajendra Prasad Adhoc Committee on the National Flag Rajendra Prasad Credential Committee Alladi KrishaswamY Ayyar House Committee B. Pattabhi Sitaramayya Order of Business Committee K.M. MunsHi Committee on the Functions of the Constituent Assembly G.V. Mavalankar Advisory Committee on Fundamental Rights, Minorities Sardar Vallabhbhai Patel and Tribal and Excluded Areas Provincial Constitution Committee Sardar Vallabhbhai Patel Union Powers Committee Pandit Jawaharlal Nehru State Committees Pandit Jawaharlal Nehru (committee for negotiating with states)
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Enforcement of the Constitution The major part of the constitution came into force on January 26, 1950. This day is referred as the date of commencement of the Indian constitution and is celebrated as the Republic Day.
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Source of the Constitution at a Glance
Source of the Constitution at a Glance Source Features Borrowed 1. Government of India Act Federal Scheme, of 1935 Office of Governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details. 2. British Constitution Parliamentary government, Rule of Law, legislative procedure, Single citizenship, cabinet system, prerogative writs, Parliamentary privileges and bicameralism. 3. US constitution Fundamental independence of judiciary, Judicial review, impeachment of the president, removal of Supreme Court and high court judges and Post of vice-president. 4. Irish Constitution Directive Principles of State Policy, nomination of members of Rajya Sabha and method of election of President. 5. Canadian Constitution Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court. 6. Australian Constitution Concurrent List, Freedom of trade, Commerce and inter-course, and Joint sitting of the two Houses of Parliament. 7. Weimar Constitution of Suspension of Fundamental Rights during Emergency. Germany 8. Soviet Constitution Fundamental Duties and (USSR, now Russia) The ideal of justice (social economic and political) in the Preamble. 9. French Constitution Republic and the ideals of liberty, equality and fraternity in the Preamble. 10. South African Procedure for amendment of the Constitution and Constitution Election of members of Rajya Sabha. 11. Japanese Constitution Procedure established by Law.
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Salient Features of the Constitution of India Lengthiest Written Constitution : Originally it contained a Preamble, 395 Articles (divided into 22 parts) and 8 Schedules. Presently, it consists of a Preamble, about 465 Articles (divided into 25 Parts) and 12 Schedules Drawn from various sources for their suitability to the Indian conditions; The procedure of amendment is partly flexible and partly rigid; Parliamentary system of government both at the centre and the states; Integrated and Independent Judiciary; Federal System with Unitary features; A Secular State; Single Citizenship; Universal Adult Franchise: Every Indian citizen who is not less than 18 years of age has a right to vote. (The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act, 1988.)
Parts of Indian Constitution
Parts of Indian Constitution
Part Subject Articles
Part I The Union and its territory Arts. 1 to 4
Part II Citizenship Arts. 5 to 11
Part III Fundamental Rights Arts. 12 to 35
Part IV Directive Principles Arts. 36 to 51
Part IVA Fundamental Duties Arts. 51A
Part V The Union Government Arts. 52 to 151
Part VI The States Government Arts. 152 to 237
Part VIII The Union Territories Arts. 239 to 242
Part IX The Panchayats Arts. 243 to 243O
Part IXA The Municipalities Arts. 243P to 243O
Part IXB The Co-operative Societies Arts. 243ZH to 243ZG
Part X The Scheduled and Tribal Areas Arts. 244 to 244A
Part XI Relation between the Union and the States Arts. 245 to 263
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Part XII Finance, Property, Contracts and Suits Arts. 264 to 300A
Part XIII Trade, Commerce and Intercourse within the Arts. 301 to 307 Territory of India
Part XIV Services under the Union and the States Arts. 308 to 323
Part XIVA Tribunals Arts. 323A to 323B
Part XV Elections Arts. 324 to 329A
Part XVI Special provisions relating to certain classes Arts. 330 to 342
Part XVII Official Language Arts. 343 to 351
Part XVIII Emergency Provisions Arts. 352 to 360
Part XIX Miscellaneous Arts. 361 to 367
Part XX Amendment to the Constitution Arts. 368
Part XXI Temporary, Transitional and Special Provisions Arts. 369 to 392
Part XXII Short title, commencement, authoritative text in Arts. 393 to 395 Hindi and repeals
Part VII Repealed by Const. (7th Amendment) Act; 1956 Arts. 246
Important Articles of the constitution Article Deals with
1 Name and territory of the Union
3 Formation of new states and alteration of areas, boundaries or names of existing states
13 Laws inconsistent with or in derogation of the fundamental rights.
14 Equality before law.
16 Equality of opportunity in matters of public employment
17 Abolition of untouchability
19 Protection of certain rights regarding freedom of speech; etc.
21 Protection of life and personal liberty
21A Right to elementary education
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25 Freedom of conscience and free profession, practice and propagation of religion.
30 Right of minorities to establish and administer educational institutions.
31C Saving of laws giving effect to certain directive principles.
32 Remedies for enforcement of fundamental rights including writs
38 State to secure a social order for the promotion of welfare of the people.
40 Organization of village panchayats
44 Uniform civil code for the citizens
45 Provision for early childhood care and education to children below the age of 6 years.
46 Promotion of educational and economic interests of scheduled castes, Scheduled tribes and other weaker sections.
50 Separation of judiciary from executive
51 Promotion of international peace and security
51A Fundamental Duties
72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
74 Council of Ministers to aid and advice the President.
78 Duties of Prime Minister as respects the furnishing of information to the President, etc.
110 Definition of Money Bills
112 Annual financial statement (Budget)
123 Power of President to promulgate ordinances during recess of Parliament.
143 Power of President to consult Supreme Court.
155 Appointment of Governor
161 Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
163 Council of Ministers to aid and advise the Governor
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167 Duties of Chief Minister with regard to the furnishing of information to Governor, etc.
169 Abolition or creation of legislative councils in states
200 Assent to bills by Governor (including reservation for President)
213 Power of Governor to promulgate ordinances during recess of the state legislature
226 Power of High Courts to issue certain writs
239A Special provisions with respect to Delhi
249 Power of parliament to legislate with respect to a matter in the State List in the national interest
262 Adjudication of disputes relating to waters to inter-state rivers to river valleys
263 Provision with respect to an inter-state council
265 Taxes not to be imposed except by authority of law
275 Grants from the Union to certain states
280 Finance Commission
300 Suits and proceedings
300A Persons not to be deprived of property
311 Dismissal, removal or reductionin rank of persons employed in civil capacities under the Union or a state.
312 All-India Services
315 Public Service Commissions for the Union and for the states
320 Functions of Public Service Commissions
323-A Administrative tribunals
324 Superintendence, direction and control of elections to be vested in an Election Commission
330 Reservation of seats for scheduled castes and scheduled tribes in the House of hte People.
335 Claims of scheduled castes and scheduled tribes in the House of the people.
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343 Hindi as official language
352 Proclamation of Emergency (National Emergency)
356 Provisions in case of failure of constitutional machinery in states (President's Rule)
360 Provisions as to financial emergency.
365 Effect of failure to comply with, or to give effect to, directions given by the Union (President's Rule)
368 Power of Parliament to amend the Constitution and procedure thereof.
370 Temporary provisions with respect to the state of Jammu and Kashmir.
395 Repeals Indian Independence Act and Government of India Act, 1935.
Schedules Number Subject Matter Articles
1st Schedule List of state and Union Territories 1 and 4
2nd Schedule Provision relating to the emoluments, privileges and so on of 59, 65, 75, 97, : (i) President; 125, 148, 158, (ii) Governor; 164, 186 & 221 (iii) Speaker and Deputy Speaker of the Lok Sabha and Legislative Assembly; (iv) Chairman and Deputy Chairman of the Rajya Sabha and Legislative Council; (v) Judges of the Supreme Court and High Courts and (vi) Comptroller and Auditor-General of India.
3rd Schedule Forms of Oath and Affirmations of 75, 84, 99, 124, (i) Members of Legislatures, 146, 173, 188 and 219 (ii) Ministers, (iii) Judges of the Supreme Court and the High Courts and (iv) Comptroller and Auditor-General of India.
4th Schedule Allocation of Seats in the Rajya Sabha 4 and 80
5th Schedule Administration and control of Scheduled Areas and 244 Scheduled Tribes
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6th Schedule Administration of Tribal Areas in the states of Assam, 244 and 275 Meghalaya, Tripura and Mizoram.
7th Schedule Distribution of Power between the Union and the State 246 Government. It contains 3 lists : (i) Union List (For central Govt.) 100 subjects but originally 97; (ii) State List (for State Govt.) 61 subjects but originally 66 and (iii) Concurrent List (Both Union & States) 52 subjects but originally 47.
8th Schedule Languages recognized by the Constitution. 344 and 351 Originally it has 14 languages but presently there are 22 Languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu.
9th Schedule Acts and Regulations (originally 13 but presently 283) 31 - B
10th Schedule Provisions relating to disqualification of the members of 102 and 191 Parliament and State Legislatures on the ground defection.
This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
11th Schedule Specifies the powers, authority and responsibilities of 243 - G Panchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.
12th Schedule Specifies the powers, authority and responsibilities of 243 - W Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.
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Division of Subjects given in the CONSTITUTION
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 4 PREAMBLE ------LEARNING OBJECTIVES THE PREAMBLE Preamble refers to the introduction or preface to the constitution which contains the summary of the constitution. It is based on the 'Objective Resolution' drafted by Pt Jawaharlal Nehru, borrowed from US Constitution. NA Palkhivala called the Preamble as the identity card of the constitution. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislatures. It is non-justiciable, that is, not enforceable by courts. It has been amended by the 42nd Constitutional Amendment Act (1976) which added three new words —Socialist, Secular and Integrity. The idea of Justice - Social, Economic and Political have been taken from the Russian Revolution and the idea of Liberty, Equality and Fraternity have been taken from the French Liberty Revolution. Preamble is the part of the constitution and amendment can be processed as discussed in the Kesavananda Bharati Case (1973) while ratifying the Berubari Union Nation Case (1960). The Assembly adopted the Preamble as presented by the Drafting Committee without any change.
The Preamble reveals four ingredients or components :- 1. Source of, authority of the Constitution : The Preamble states that the Constitution derives its authority
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY from the people of India; 2. Nature of Indian State : It declares India to be a sovereign, socialist, secular, less democratic and republican polity; 3. Objectives of the Constitution : It specifies justice, liberty, equality and fraternity as the objectives and 4. Date of adoption of the Constitution : It stipulates November 26, 1949 as the date.
Interesting Facts about Preamble of Indian Constitution
It was enacted after the enactment of the entire Constitution of India The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. The Preamble secures to all citizens of India liberty of belief, faith and worship Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet Union (Russia) Constitution Republic and the ideals of liberty, equality and fraternity are borrowed from the French Constitution Preamble, in itself, has been first introduced through the American Constitution
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY OBJECTIVE RESOLUTION
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Key Takeaways What is the purpose of Preamble? The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document which derives its authority, meaning, the people. Is preamble a part of Indian Constitution? Yes, it is a part of the Indian constitution, also emphasized in Kesavananda Bharti Case. Who wrote the preamble of India? The preamble of India contains tenets highlighted in the Objective Resolution drafted by Jawaharlal Nehru in 1946 How many preamble does Indian Constitution have? Only 1 preamble along with 22 parts and 12 schedules and 448 articles, Indian Constitution today exists What is the most important word in the Preamble of India? Though no particular word has been given more importance than others, however, ‘We, the people of India’ are the words which are termed as the most powerful in the Preamble to the Indian Constitution Why do we need a Preamble? It gives us a fundamental values and highlights of the Constitution In which case, did the Supreme Court declare passed a judgement that Preamble is not a part of Indian Constitution? In Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 5 UNION & ITS TERRITORY CITIZENSHIP ------LEARNING OBJECTIVES UNION & ITS TERRITORY Articles 1 to 4 under Part I of the constitution deal with the union and its territory. At present, there are 29 states and 7 union territories. Article 1 describes India, that is Bharat, shall be a Union Territories rather than a Federation of states. The territory of India includes o Territories of the states, o Union Territories and o Territories that may be acquired by the government of India at any time. Under Part XXI, there are special provisions applicable to the states of Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. The Fifth and Sixth schedules contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
Evolution of States and Union Territories Article 3 authorizes the Parliament to form new states and alteration of areas, boundaries or names of existing states. After independence, there has been a demand from different regions particularly South India, for reorganisation of states on linguistic basis. In June 1948, the Linguistic Provinces Commission was appointed under the Chairmanship of SK
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Dhar to study the issue. The Dhar commission suggested the reorganisation of states on the basis of administrative convenience rather than linguistic factor. In December 1948, JVP Committee was constituted to study the issue and consisted of Jawaharlal Nehru, Vallabh Bhai Patel and Pattabhi Sitaramayya. In December 1953, a three-member State Reorganisation Commission under the chairmanship of Fazl Ali was constituted. Its other members were KM Panikkar and HN Kunzru. It accepted language as the basis of reorganisation of states. In October 1953, Andhra state was created as first linguistic state. This followed a prolonged popular agitation and the death of Potti Sriramulu after a 56 day hunger strike for the cause.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Territory of India 1950
Territory of India 1950
States in Part - A States in Part - B States in Part - C States in Part - D
1. Assam 1. Hyderabad 1. Ajmer 1. Andaman and Nicobar Island
2. Bihar 2. Jammu & Kashmir 2. Bhopal
3. Bombay 3. Madhya Bharat 3. Bilaspur
4. Madhya Pradesh 4. Mysore 4. Cooch-Behar
5. Madras 5. Patiala and 5. Coorg East Punjab
6. Odisha 6. Rajasthan 6. Delhi
7. Punjab 7. Saurashtra 7. Himachal Pradesh
8. United Provinces 8. Travancore-Cochin 8. Kutch
9. West Bengal 9. Vindhya Pradesh 9. Manipur
10. Tripura
Foundation Day of Some States in India Foundation Day of Some States in India January 1 Nagaland Day January 21 Meghalaya, Manipur and Tripura Day February 6 Jammu and Kashmir Day February 20 Arunachal Pradesh and Mizoram Day March 3 Rajasthan Day March 11 Andaman and Nicobar Islands Day March 22 Bihar Day April 1 Utkal Day (Odisha Day) April 14 Tamil Nadu Day April 15 Himachal Pradesh Day May 1 Gujarat and Maharashtra Day May 16 Sikkim Day June 2 Telangana Day November 1 Chhattisgarh, Uttar Pradesh, Punjab, Madhya Pradesh, Karnataka, Kerala, Andhra Pradesh, Haryana Day November 9 Uttarakhand Day November 15 Jharkhand Day December 19 Goa Day
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Formation of States
Formation of States
State Year Status Prior to Formation
Andhra Pradesh 1953 Part of the state of Madras.
Kerala 1956 State of Travancore and Cochin.
Karnataka 1956 State of Mysore was formed in 1953, enlarged Mysore in 1956 which was renamed in 1973
Gujarat 1960 Part of the state of Bombay.
Maharashtra 1960 Part of the state of Bombay.
Nagaland 1961 Union Territory
Haryana 1966 Part of Punjab.
Himachal Pradesh 1970 Union Territory
Manipur, Tripura 1972 Union Territories.
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Meghalaya 1972 Autonomous state within state of Assam.
Sikkim 1975 Associate state since 1974 and a protectorate of India before that.
Mizoram 1987 District of Assam till 1972 and Union Territory from 1972 to 1987.
Arunachal Pradesh 1987 Union Territory.
Uttarakhand 2000 Part of Uttar Pradesh.
Chhattisgarh 2000 Part of Madhya Pradesh.
Jharkhand 2000 Part of Bihar
Telangana 2014 Part of Andhra Pradesh.
NOTE : Goa, Puducherry, Dadra & Nagar Haveli and Sikkim were not a part of India at the time of independence. Goa was liberated from Portuguese occupation in 1961, Puducherry along with Karaikal, Mahe and Yanam was transferred to India in 1954 by the French. Dadra & Nagar Haveli were liberated in 1954 from the Portuguese and Sikkim became part of India in 1974.
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CITIZENSHIP Part II of the Indian Constitution from Article 5 to 11 deals with the citizenship.
Acquisition of citizenship The Citizenship Act of 1955 provides for acquisition and loss of citizenship. It prescribes five ways of acquiring citizenship, viz, (i) Birth, (ii) Descent, (iii) Registration, (iv) Naturalisation and (v) Incorporation of Territory. (i) Citizenship by Birth : Every person born. in India on or after January 26, 1950, shall be a citizen of India by birth. (ii) Citizenship by Descent : A person born outside India on or after January 26, 1950, shall be a citizen of India by descent of his/her father is a citizen of India at the time of his/her birth. (iii) Citizenship by Registration : A non-citizen can apply for citizenship of India and can be registered by the prescribed authority by the following conditions: (a) Is a person of Indian origin and has spent five years in India; (b) Foreign women married to an Indian citizen and (c) Minor children of Indian Parents. (iv) Citizenship by Naturalisation : A foreigner can acquire Indian citizenship on application for naturalisation to the government of India. Every naturalised citizen must take an oath of allegiance to the Constitution of India. (v) Citizenship by Incorporation of Territory : When any foreign territory is added to Indian Union, People of that territory automatically become Indian citizens.
Loss of Citizenship The Citizenship Act of 1955, prescribes three ways of losing citizenship. These are: 1. By Renunciation : If a person voluntarily gives up the citizenship of India after acquiring the citizenship of another country. 2. By Termination : When an Indian citizen voluntarily acquires the citizenship of another country, his/her Indian citizenship automatically terminates. 3. By Deprivation : Deprivation of citizenship is on the basis of fraud, false representation and concealment of material, fact or being disloyal to the constitution. People of Indian Origin (PIO) The Government of India launched a comprehensive scheme for the Persons of Indian Origin (PIO) that is PIO card scheme on 19th August, 2002 under the Ministry of Home Affairs. For this scheme, Persons of Indian Origin up to the fourth generation. settledthroughout the world are eligible except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka.
Citizenship Amendment Act, 2015 Persons of Indian Origin (PIO) cardholders shall be considered to be Overseas Citizen of India cardholder The eligibility provisions is being extended to such citizens of all other countries other than those who had never been a citizen of Pakistan and Bangladesh.
PIO card holders can visit India without any visa for life-long but PIO card is valid for 15 years. PIO Card holders to have similar benefits as NRIs in economic, financial and educational matters but are not allowed to have political rights.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Overseas Citizen of India (OCI) The OCI scheme is operational from December 12, 2005.Aperson shall be registered as Overseas Citizen of India (OCI) under the Citizenship Act, 1955. All the people of Indian origin in various countries, except in Pakistan and Bangladesh, whose parents or grandparents migrated from India after 26 January, 1650 or were eligible to become Indian citizens on 26 January, 1950 or belonged to a territory that became part of India after 15 August, 1947 will become eligible to be registered as the Overseas Citizens of India.
Singhvi Committee on Dual Citizenship A high level committee on Indian Diaspora set up in September, 2000 under the Chairmanship of L.M. Singhvi. This committee recommended to grant Overseas Indian Citizenship to the people of Indian origin. This provisions has made for OCI commonly known as dual citizenship to people of Indian origin.
Key Takeaways (Citizenship) Which articles in the Constitution deal with citizenship rights? Articles 5 to 11 deal with provisions relating to citizenship. Articles 5 to 10 deal with citizenship at the time of coming into force of the Constitution (ie until January 1950). Article 11 empowers the Indian Parliament to make Regulate on Citizenship by law. It was in exercise of this power that the Citizenship Act, 1955 was enacted. What are the fundamental principles on Indian Citizenship? India’s is a constitutional democracy which, by law and the Constitution grants people of all faiths, creeds, castes, languages and genders citizenship. All are equally and without discrimination, Indian. How does one become a citizen of India? Under the Citizenship Act, 1955, there are 5 methods of acquiring citizenship: by birth by descent (those born outside India from Indian citizen parents) by registration by naturalisation (being ordinarily resident in India for twelve years) by acquisition of territory (e.g., Sikkim) How does a foreigner become a citizen of India? A foreigner can apply for citizenship by means of registration or naturalization, each of these have certain specific provisions that need to be fulfilled in order to acquire citizenship. What rights do foreigners have in India? Foreigners are entitled to fundamental right of life and personal liberty. Who is an illegal migrant as per Citizenship Act, 1955? Under section 2(1)(b), an illegal migrant is defined as any person who entered India without a valid passport or travel document or having entered India with a valid passport or travel document, has stayed behind after its expiry. Can an illegal migrant apply for citizenship by naturalization or registration? No. The Citizenship Act, 1955 (before the 2019 amendment) does not entitle illegal migrants to acquire citizenship by naturalization or registration.
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What is the mode of citizenship for illegal migrants as per the newly amended CAA, 2019? The Citizenship Amendment Act, 2019 provides for citizenship by naturalisation to illegal migrants, relaxing the pre-requisite of residence in India to 5 6 years, as opposed to 11 years for other foreigners. What are the major amendments made to Citizenship Act, before CAA? From the birth of the Indian republic (1950) until 1987 a person has had to be born here to be an Indian citizen; after 1987, apart from her/his birth one of the parents has to have been born Indian; after 2004, in addition to one of the parents being born here, the other should not be an illegal migrant. Does the Citizenship Act provide for maintenance of a National Register of Citizens? Yes. The Act was amended in 2004 to include section 14A which says that the government may maintain a National Register of Citizens to issue national identity card to citizens.
Key Takeaways ( Citizenship Amendment Act (CAA), 2019) What is Citizenship Act? The Citizenship Act, 1955 provides for acquisition, determination, and termination of Citizenship of India, which can be acquired by birth, by descent, by registration, or by naturalization or by incorporation of territory. Any foreigner on becoming eligible can acquire citizenship by registration or by naturalization irrespective of his country or his community.
What is Citizenship (Amendment) Act (CAA)? The Citizenship (Amendment) Act, 2019 (CAA) enables migrants/foreigners of six minority communities from three countries, who have come to India because of religious persecution, to apply for Indian citizenship. Who does the CAA apply to? It is applicable only for Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners, who have migrated from Pakistan, Bangladesh, and Afghanistaninto India up to 31.12.2014, on account of religious persecution. Does the CAA affect any Indian citizen (Hindus, Muslims, anyone)? No. The CAA does not affect any Indian citizens, including Muslim citizens. How does it benefit Hindu, Sikh, Jain, Buddhist, Parsi and Christianforeigners hailing from Pakistan, Bangladesh, and Afghanistan? The CAA creates the legal right for the six minority communities from the threecountries to apply for Indian citizenship, if they were religiously persecuted, even without travel documents like passport and visa. The process of obtaining Indian citizenship through naturalization will be expedited for them. Unlike other foreigners, they are eligible to get citizenship after a total residency period of six (1+5) years. For other foreigners, this period is twelve (1+11) years. What happens to the refugees presently in India? There are more than 200,000 Sri Lankan Tamils in India and more than fifteen thousand Afghans, 20- 25 thousand Rohingyas and a few thousand other refugees of different nationalities presently live in India. It is expected that someday these refugees will return to their homelands when conditions improve there. Each country including India has its own rules for naturalization. India is not a signatory to the UN Convention of 1951 and the UN Protocol of 1967 on Refugees. Hence, India is under no obligation to offer such migrants its citizenship
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Is there any link between CAA and National Register of Citizens (NRC)? No. The CAA has no link with NRC. The legal provisions regarding NRC have been part of the Citizenship Act, 1955 since December 2004. Also, there are specific statutory rules of 2003 to operationalize these legal provisions. They govern the process of registration of Indian citizens and the issuance of national identity cards to them. The CAA has not altered these legal provisions. What is National Population Register (NPR)? NPR is a process for collection of data for all persons resident in India, including declared foreign citizens, to create a comprehensive data base of all residents. The procedures to be followed for preparing the NPR are laid down in the Citizenship rules 2003.
How will NPR be conducted? NPR updation in 2020 will be conducted with the first phase of census 2021. NPR does not require any individual to provide any documentation and no identity card will be issued under NPR. NPR was first conducted in 2010-11 along with the census. How is NPR different from AADHAR? AADHAR is individual data whereas NPR contains family-wise data. Such familywise data is essential for the successful implementation of various government schemes. It is not possible to construct family- wise data from AADHAR
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 6 FUNDAMENTAL RIGHTS ------FUNDAMENTAL RIGHTS
What are Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India They are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Fundamental Rights are Enshrined in Part-III of the Indian Constitution from Articles 12 to 35. They are based on the Bill of Rights of the USA Part III of the Constitution is described as the Magna Carta of India.
Why are they called Fundamental Rights?
They are enshrined in the Constitution which guarantees them FRs are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law. Originally, the constitution provided for seven Fundamental Rights but at present, there are only six 1) Right to Equality 2) Right to Freedom 3) Right against Exploitation 4) Right to Freedom of Religion 5) Cultural and Educational Rights 6) Right to Constitutional Remedies.
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Fundamental Rights at a Glance
Category Consists of 1. Right to Equality (a) Equality before law and equal protection of laws (Article 14-18) (Article 14). (b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (Article 15). (c) Equality of opportunity in matters of public employment (Article 16). (d) Abolition of untouchability and prohibition of its practice (Article 17). (e) Abolition of titles except military and academic (Article 18). 2. Right to Freedom (a) Protection of six rights regarding freedom of : (i) speech (Article 19-22) and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19). (b) Protection in respect of conviction of offences (Article 20) (c) Protection of life and personal liberty (Article 21). (d) Right to elementary education (Article 21A). (e) Protection against arrest and detention (Article 22) 3. Right against (a) Prohibition of traffic in human beings and forced labour Exploitation (Article 23). (Articles 23-24) (b) Prohibition of employment of children in factories, etc. (Article 24). 4. Right to Freedom of (a) Freedom of conscience and free profession, practice and Religion propagation of religion (Article 25). (Articles 25-28) (b) Freedom to manage religious affairs (Article 26). (c) Freedom from payment of taxes of promotion of any religion (Article 27). (d) Freedom from attending religious instruction or worship in certain educational institutions (Article 28). 5. Cultural and (a) Protection of language, script and culture of minorities Educational Rights (Article 29). (Articles 29-30) (b) Right of minorities to establish and administer educational institutions (Article 30). 6. Right to (Article 32) Constitutional Right to move the Supreme Court for the enforcement of Remedies fundamental rights including the writs of (Article 32) (a) Habeas corpus, (b) Mandamus, (c) Prohibition, (d) Certiorari and (e) Quo Warranto
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Important articles in fundamental rights:
Name of the article Article deals with
Article 14 Equality before law
Article 17 Abolition of untouchability
Article 18 Abolition of titles
Article 19 (a) Right to freedom of speech and expression
Article 21 Protection of life and personal liberty
Article 25 Freedom to practice religion
Article 30 Right of minorities to establish institutions
Note: (i) Fundamental Rights available only to citizens and not to foreigners: Article 15, Article 16, Article 19, Article 29 and Article 30. (ii) Fundamental Rights available to both citizens and foreigners (except enemy aliens) : Article 14, Article 20, Article 21, Article 21A, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27 and Article 28.
Rule of law The concept of equality, before law is an element of the concept of 'Rule of law', propounded by AV Dicey, the British Jurist.
Right To Education (RTE)
86th Amendment Act, 2002 inserted Article 21A in the constitution of India to provide free and compulsory education to all children in the Age group of 6-14 Years. The Parliament enacted the Right of children to free and compulsory education (RTE) Act, 2009. Aim to achieve Education for All
Right to Information Act (RTI), 2005
RTI Act 2005, came into force on October 2, 2005. Revolutionary step in the direction of Making the system of governance and administration transparent and accountable It extends to whole of India except the state of Jammu & Kashmir
Preventive Detention Preventive detention means detention of a person without trial and conviction by a court. It is only a precautionary measure and based on suspicion. The provisions for preventive detention have been mentioned in Article 22. MPPSC PRELIMS 2020- MPPSCADDA ATMANIRBHAR PRELIMS (MPPSC PRELIMS TEST SERIES 2020 Enroll @2499) Call: 9953733830 WhatsApp: 7982862964 Mail: [email protected] www.mppscadda.com
ATMANIRBHAR PRELIMS 100 DAYS - POLITY The purpose of preventive detention is to prevent a person from committing a crime by arresting such person even before he has committed any such crime. The 44th Amendment reduced the maximum duration of detention from 3 months to 2 months.
Why Right to Property is not a Fundamental Right? The Right to property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. It is made a legal right under Article 300 A in Part XII of the Constitution.
Right to Constitutional Remedies Type of Writ
Type of Writ Meaning of the Word Purpose of Issuance
Habeas Corpus Have the body The release of a person who has been detained unlawfully whether in prison or in private custody.
Mandamus Command Command issued to a public official asking him to perform his official duties that he has failed or refused to perform
Certiorari To be certified or to be To squash the order-already passed by an informed inferior court, tribunal or quasi judicial authority.
Prohibition Stay order or to forbid To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try
Quo Warranto What is your authority Or To restrain a person from holding a public by what warrants? office which he is not entitled. Apart from the judiciary, many other mechanisms have been created in later years for the protection of rights. etc. National Commission on Minorities, the National Commission on Women, the National Commission on Scheduled Castes etc. These institutions protect the rights of women, minorities or Dalits. Besides, the National Human Rights Commission has also been established by law to protect the fundamental and other kinds of rights.
Important Backward Classes Commission/Committee (i) Mandal Commission : In 1979, the Morarji Desai Government appointed the Backward Classes Commission under the chairmanship of B. to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement The commission submitted its report in 1980 and recommended 27% jobs reservation for other backward classes (ii) Ram Nandan Committee : Appointed to identify the creamy layer among the OBCs.It submitted its report in 1993.
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National Commission for Backward Classes Established in 1993 by an Act of parliament. NCBC was a statutory body under the Ministry of Social Justice and Empowerment. 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC). It has the authority to examine complaints and welfare measures regarding socially and educationally backward classes. It considers inclusions in and exclusions from the lists of castes notified as backward for the purpose of jobs reservation.
Features of Fundamental Rights They are different from ordinary legal rights because they are enforced. They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts. Fundamental rights are not absolute rights. They have reasonable restrictions as they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries. Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Key Takeaways (Fundamental Rights)
1. India is referred as ___ under the Indian Constitution. Bharat
2. Which important Human Right is protected in Article 21 of our Constitution? Right to Life and Liberty
3. The Constitution confers a special authority for the enforcement of FRs on the ? Supreme Court
4. The FRs of the Indian Citizen in our Constitution are contained under which Part of the Indian Constitution. Part III
5. Under Article 368, Parliament has no power to repeal FRs because they are ? Basic Structure of Constitution
6. FRs can be claimed against the ______? State
7. The FRs, which cannot be suspended even during the emergency, are Articles _____. Art 20 and 21
8. Original Constitution classified FRs into seven categories but now there are ? Six 9. India borrowed the idea of incorporating FRs in the Constitution from ---- USA
10. By which FR other FRs is protected? ------Right to Constitutional Remedies
11. Right to Property is a legal right under the Article ____. 300A
12. The Right to private property was dropped from the list of FRs by the ______Amendment Act. 44th Amendment
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13. The Right to equality guaranteed by the Indian Constitution does not include ______Economic Equality
14. „Equality before the Law‟ implies ____ absence of any privilege in favor of any person
15. Which Resolution for the first time expressed the concept of equality before the law? --- Swaraj Bill
16. Which FR was described by Dr. B. R. Ambedkar as the „Heart and Soul of the Constitution‟? Right to Constitutional Remedies
17. The Constitutional remedies under the Article 32 can be suspended by the ---- Parliament
18. Writs can be issued for the enforcement of FRs by the --- Supreme Court
19. Who enjoys the right to impose reasonable restrictions on the FRs of Indian citizen? Parliament
20. Who can abridge any FR without damaging or destroying the basic features of the Constitution? Parliament
21. Who is the Protector and Guarantor of the FRs? Supreme Court
22. Any violation of FRs can be presented to ___ Both Supreme and High Courts
23. The FRs of the Indian citizen can be suspended by the ______during national emergency President
24. „Ultra vires‟ means ---- Without authority
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY 25. In which case did the Supreme Court restrict the authority of Parliament to amend FRs and declared these rights to be absolute, permanent and unalterable? --- Golak Nath Case
26. In the famous Keshavananda Bharti V/s State of Kerala Case, the Supreme Court asserts the power of the parliament to amend the Constitution under Article 368 subject to ---- Certain implied and inherent limitation of not amending the Basic Structure of the Constitution
27. „Rule of Law which permeates the entire fabric of the Indian Constitution excludes arbitrariness‟. This principle was laid down in ---- Maneka Gandhi V/s Union Government Case
28. A Preventive Detention Act restraints the Right to --- Freedom of Movement
29. Gender Equality includes protection from sexual harassment and right to work with dignity, which is universally recognized as basic Human Right. This principle is laid down in --- Vishaka V/s State of Rajasthan Case
30. The principle of Judicial review of President‟s Rule in State under the Article 356 is laid down in S.R. Bommai V/s Union of India
31. Right to Equality is guaranteed under the Article ____. 14
32. Equal opportunity in matters of public employment is guaranteed under the Article --- 16
33. Which FRs abolishes discrimination? Equality
34. Untouchability is associated with ______inequality. Social
35. „Right to Freedom‟ can be restricted in the interest of ---- Public order, Security of the State & Friendly relations with foreign States
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY 36. The Sikhs in India are permitted to carry Kirpans. Under which FR are they permitted to do so? Right to freedom of religion
37. Freedom of Speech under the Indian Constitution is subject to reasonable restrictions on the grounds of protection of --- Sovereignty and integrity of the country
38. Which FR is considered as Bulwark of Democracy? Right to Speech
39. The main objective of the cultural and educational rights granted to the citizens is to ---- Help the minorities to conserve their culture
40. A person can move to Supreme Court directly in vent of violation of FRs under Article--- 32
41. Which FR granted by the Constitution prohibits traffic in human beings? Right against exploitation
42. Right to practice and propagate any religion is the subject to --- public order
43. Right to property was eliminated form the list of FRs during the tenure of which Prime Minister Morarji Desai
44. Legal equality under the Indian Constitution implies that there should be equality amongst equals and inequality among unequals
45. Which of the Provision authorizes Parliament to make special provisions for in favor of women and children? Article 15 (3)
46. Article 15 (3) confers a special provisions to ------Women and Children
47. Article 15 (4) confers a special provisions for the advancement of ---- SCs and STs
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY 48. The principle “No person shall be prosecuted and punished for same offence more than once” is ------Double jeopardy
49. If an Act is not an offence on the date of its commission, a law enacted in future cannot make it so, is the principle of ---- Ex-post facto law
50. Article 21A was inserted under our Constitution by way of ____ Constitutional Amendment. 86th
51. Earlier to 86th Amendment, Article 21A was in the form of ---- DPSP
52. What is the object of Article 21A of the Constitution? ---- Education
53. Right to education guaranteed under the Article 21A shall be between the age group of --- 6-14 54. Right to Education is a part of Right to life
55. Which Article guarantees the Right of minorities to establish and administer the educational institutions? --- Art 30
56. The Right to establish educational institutional under Article 30 is applicable to --- Linguistic Minority
57. Right to Decent environment includes Right to life
58. Freedom of press is included in Right to ---- freedom of speech and expression
59. A citizen of India may be debarred from the Right to vote on the ground of --- unsoundness of mind, crime or corrupt or illegal practice & non-resident
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY 60. Freedoms guaranteed under the Article 19 are suspended during emergency on the ground of ---- War or external aggression
61. Article 19(2) under the Indian Constitution speaks about --- Reasonable restrictions
62. Freedom of religion guaranteed under the Article 25 is applicable to --- Citizens as well as non citizens
62. Article 25 guarantees freedom of religion, but it is subject to ---- Public order, Morality & Health
63. „Contempt of Court‟ places restriction on which FR? Right to Freedom
64. How many types of writs are there? 5
65. The writ of Habeas Corpus is issued ---- in the form of an order calling upon a person who has detained another person to bring that person before court and show authority for such detention
66. The writ of Quo Warranto is an order from a superior court ---- whereby it can call upon a person to show under what authority he is holding the office
67. The writ of Mandamus is issued by a superior court to --- command a person or public authority to do something in the nature of the public duty
68. The writ of Certiorari is issued by a superior court ---- to an inferior court to transfer the record of proceedings in a case for review
69. The writ of Prohibition is issued by a superior court ---- to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice
70. Exploitation of any sort is prohibited under the Article ---- 23
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71. Child labor is prohibited under the Article --- 24 72. Writ of Habeas Corpus means --- produce the body before the court
73. Which writ is a bulwark of personal freedom? --- Habeas Corpus
74. Which one of the following writs literally means „you may have the body‟? --- Habeas Corpus
75. Right to Property was excluded form the FRs during the tenure of the Government headed by ---- Morarji Desai
76. What is the minimum permissible age in years of employment in any factory or mine according to Art 24? 14 yrs
77. Which Article of the Constitution of India says, “No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment?” --- Art 24
DAY 7 & 8 REVISION DAY
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY MPPSC PRELIMS 2020 ATMANIRBHAR PROGRAM PRELIMS QUICK REVISION NOTES POLITY DAY 9 DIRECTIVE PRINCIPLES OF STATE POLICIES (DPSP) FUNDAMENTAL DUTIES
------LEARNING OBJECTIVES DIRECTIVE PRINCIPLES OF STATE POLICIES (DPSP’S) Classifications of DPSP’s New DPSP’s
DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DPSP’S FUNDAMENTAL DUTIES-ARTICLE 51A
DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) Enumerated in Part IV of the Constitution from Articles 36 to 51. Borrowed this idea from the Irish Constitution. Dr. B.R. Ambedkar described these principles as novel features of the Indian constitution. The Directive Principles along with the fundamental rights contain the philosophy of the constitution and is the soul of the constitution. Directive Principles of State Policy denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. The Directive Principles resemble the Instrument of Instructions. (Dr BR Ambedkar)
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Classifications of the Directive Principles
On the basis of content and directions, they can be classified into 3 broad categories, viz, 1. Socialistic/Welfare Principles, 2. Gandhian Principles and 3. Liberal-intellectual Principles.
1. Socialistic/Welfare Principles
Lay down the framework of a democratic socialist state and set the path towards welfare state. Article 38 : State to secure a social order for the promotion of welfare of the people. Article 39 : The State shall, in particular, direct its policy towards securing: the citizen, men, and women equally have the right to an adequate means of livelihood; the ownership and control of the material resources of the community are so distributed as best to serve the common good; there is equal pay for equal work for both men and women; the health and strength of workers, men, and women, and the tender age of children are not abused and that citizens are not forced by economic necessary to enter vocations unsuited to their age of strength. Article 39A : Promotes equal justice and provides free legal aid to the poor. Article 41: Right to work, to education and to public assistance in certain cases. Article 42 : Provision for just and humane conditions of work and maternity relief. Article 43 : Living wages and proper conditions of work to all the workers. Article 43A : Secure the participation of workers in the management of industries. Article 47 : Raise the level of nutrition, standard of living and improve public health.
2. Gandhian Principles
Article 40 : Organization of village panchayats. Article 43 : Promotes cottage industries in rural areas. Article 43B : Promotes co-operative societies. Article 46 : Promotion of education and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections. Article 47 : Duty 'of the state to raise the level of nutrition and to improve public health by prohibiting the consumption of intoxicating drinks.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY Article 48 : To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
3. Liberal-intellectual Principles
Article 44 : Uniform civil code for the citizens. Article 45 : Provision for free and compulsory education for children below 14 years. Article 48: Organizing of agriculture and animal husbandry on scientific lines. Article 48 : To protect and improve the environment, forest and wild life. Article 49 : Protection of monuments and places and objects of national importance. Article 50 : Separation of judiciary from executive Article 51 : Promotion of international peace and security.
New Directive Principles
Article 38 added one more Directive Principle, which requires the state to minimize inequalities in income status, facilities and opportunities under Article 38 (44th Amendment Act, 1978). Article 39 : To secure opportunities for healthy development of children (42nd Amendment Act, 1976). Article 39A To provide free legal aid to the poor (42nd Amendment Act, 1976). Article 43A To take steps to secure the participation of workers in the management of industries (42nd Amendment Act, 1976). Article 48 A: To protect and improve the environment and to safeguard forests and wildlife. (42nd Amendment Act, 1976).
Important articles in DPSP:
Article 39-A: Free legal aid to the poor Article 40: Organisation of village Panchayats. Article 43 A: Participation of workers in the management of industries. Article 44: Uniform Civil Code Article 48: To prohibit cow slaughter Article 50: Separation of Judiciary from executive.
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Directives Outside Part IV
There are some other Directives contained in other parts of the Constitution. Claims of SCs and STs to Services : The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointment to services and posts in connection with the affairs of the Union or a St ate (Article 335 in Part XVI). Instruction in mother tongue: It shall be the endeavor of every state and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups (Article 350 A in Part XVIII). Development of the Hindi Language: It shall be the duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India (Article 351 in Part XVII).
Differences between Fundamental Rights and Directive Principles
Fundamental Rights Directive Principles . These are justiciable. They are legally . These are non-justiciable. They are not enforceable by the courts in case :o their legally enforceable by the courts for their violation. violation.
. These have legal sanctions. . These have moral and political sanctions.
. These are negative as they prohibit the . These are positive as they require the State from doing certain things. State to do certain things.
. They aim at establishing politic . They aim at establishing social and democracy in the country. economic democracy in the country. . They promote the welfare of the . They promote the welfare of the individual. Hence, they are persona and community. Hence, they are socialistic individualistic.
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ATMANIRBHAR PRELIMS 100 DAYS - POLITY FUNDAMENTAL DUTIES The original constitution contained only the fundamental rights and not the fundamental duties. In 1976, the Fundamental Duties of Citizens were added by 42nd Constitutional Amendment Act, 1976 on the basis of Swarn Singh Committee, in Part IVA under Article 51A. Originally, there were 10 fundamental duties but at present, there are 11 fundamental duties. In 2002, one more duty was added. FD is borrowed from the constitution of USSR Former Soviet Union.
Article51A : Fundamental Duties It shall be the duty of every citizen of India : 1. To abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem. 2. To cherish and follow the noble ideals which inspired our national struggle for freedom. 3. To uphold and protect the sovereignty, unity and integrity of India. 4. To defend the country and render national service when called upon to do so. 5. 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. 6. To value and preserve the rich heritage of our composite culture. 7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. 8. To develop the scientific temper, humanism and the spirit of inquiry and reform 9. To safeguard public property and to abjure violence. 10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement. 11. To provide opportunities for education to his child or ward between the age of six and fourteen years (This duty was added by the 86th Constitutional Amendment Act, 2002).
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