INDIAN CONSTITUTION This page intentionally left blank Copyright © 2009, New Age International (P) Ltd., Publishers Published by New Age International (P) Ltd., Publishers All rights reserved. No part of this ebook may be reproduced in any form, by photostat, microfilm, xerography, or any other means, or incorporated into any information retrieval system, electronic or mechanical, without the written permission of the publisher. All inquiries should be emailed to [email protected] ISBN (13) : 978-81-224-2891-9 PUBLISHING FOR ONE WORLD NEW AGE INTERNATIONAL (P) LIMITED, PUBLISHERS 4835/24, Ansari Road, Daryaganj, New Delhi - 110002 Visit us at www.newagepublishers.com Gandhiji’s Talisman I will give you a Talisman. Whenever you are in doubt or when the self becomes too much with you, apply the following test: Recall the face of the poorest and weakest man whom you may have seen and ask yourself if the step you contemplate is going to be of any use to him. Will he gain anything by it? Will it restore him to a control over his own life and destiny? In other words, will it lead to Swaraj for the hungry and spiritually starving millions? Then you will find your doubts and your doubts and your self melting away. — M. K. Gandhi This page intentionally left blank Preface The Subject on Indian Constitution has been introduced to all Undergraduate Courses at degree level by almost all Universities in the Country. This is very important subject, where every citizen must understand our Constitution and its components. However, it is expected that this Book may help the aspirants who are preparing for their Competitive Examinations (All India / State Services Examinations). This page intentionally left blank Acknowledgements My Sincere Pranams to our Gurujis, Jagadguru Sri Sri Sri Balagangadharanatha Mahaswamiji and Sri Sri Nirmalanandanatha Swamiji of Sri Adichunchanagiri Math. My heartfelt thanks to Dr. T. Munikenche Gowda, Principal, SJC Institute of Technology, Chickballapur for his encouragement during preparation of this book. I feel extremely grateful to Prof. G. V. Gnanendra Reddy, Professor & Head, Department of Mechanical Engineering, SJC Institute of Technology, Chickballapur and to all my colleagues, for their moral support. I sincerely thank Dr. Y. M. Reddy, Ex-Principal, Sri Siddhartha Institute of Technology, Tumkur, Karnataka for his comments and for thorough cross-checking the contents. I am very grateful to all those who have helped in this preparation. Some have contributed directly, while many indirectly. This note of thanks may not be exhaustive but I extend my heartfelt gratitude to all those who helped me in bringing out this book. I would like to thank my family members who supported and encouraged constantly with their whole-heart and borne the late nights and early mornings and my needed demands with patience and kindness. All Suggestions for improving the contents of the book would be warmly appreciated. M. RAJA RAM This page intentionally left blank Contents Preface vii Acknowledgements ix UNIT I : BASIC STRUCTURE OF CONSTITUTION 1 Few Definitions of Constitution . 2 Partition and Independence of India . 2 Indian Independence Act, 1947 . 5 Making or Framing of Indian Constitution . 7 The Indian Constitution Framers . 8 Draft Constitution by Drafting Committee . 9 Nehru’s Objective Resolution (The Underlying Ideology / Philosophy) . 11 Main / Salient Features of Indian Constitution . 11 The Preamble of Our Constitution . 13 Types of Government . 14 Purpose of the Preamble . 15 Different Models in the World . 15 Basic Structure of the Constitution . 16 Some Concepts of Indian Constitution . 16 Schedules . 18 Amendment of the Constitution . 18 Basic Principles of the Constitution of India . 20 Overview of Constitutional Developments (or) Indian Freedom Movement (1857 to 1947) . 22 Principles of Democracy . 25 Values of Democracy . 25 Defects of Democracy . 25 Governor Generals of India . 26 Viceroys of India . 26 State-wise Membership of the Constituent Assembly (As on 31st December, 1947) . 26 Indian Constitution Sessions of the Constituent Assembly . 28 Important Committees’ with Chairman of the Constituent Assembly . 28 Short Questions . 29 Long Questions . 29 UNIT II : POWER AND FUNCTION OF DIFFERENT ORGANS OF STATE AND UNION GOVERNMENT 30 Relationship between the Center and the States . 30 The Union / Central Government . 32 Powers and Functions of the Parliament . 32 Sessions of Parliament . 33 Rajya Sabha . 34 Lok Sabha . 34 President – Qualifications and Terms . 35 President – Powers . 35 Vetoes are classified into . 37 Electoral College (Value of the Vote) . 37 Vice President . 38 Prime Minister . 38 Council of Ministers . 38 Supreme Court . 41 The State Government . 42 Subordinate / Lower Courts . 46 Lok Adalat . 46 Special Status of the State of Jammu & Kashmir . 46 Adult Franchise / Suffrage System . 47 Electoral Process . 49 Stages of Election Process in India . 50 Process of Election . 51 Panchayat Raj System / Local Self-Government / Self-Help Government . 52 Short Questions . 58 Long Questions . 58 UNIT III : FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES 59 Fundamental Rights . 59 Meaning of ‘Life and Personal Liberty’ . 62 Protection against Arrest . 62 Fundamental Duties . 63 Standards in Public Life . 64 Indian Constitution Constitutional Provisions . 65 Provisions for Women . 66 Provisions for Children . 67 Provisions for Other Backward Classes . 68 Short Questions . 70 Long Questions . 70 UNIT IV : PROVISIONS FOR STATE GOVERNMENT 71 Writs . 71 Indian Citizenship . 72 Types of Persons . 74 Human Rights by the Commission . 74 Public Interest Litigation . 74 In the following cases, Public Interest Litigation is not permitted . 75 Directive Principles of State Policy . 75 Principles . 77 Difference between Fundamental Rights and Directive Principles . 78 Comparison of Fundamental Duties with Directive Principles . 78 India’s Commitment to International Peace and International Law . 79 Our National Symbols . 79 Emergency Provisions . 81 Effects of Proclamation of Emergency . 81 Effects of National Emergency . 82 Effects of State Emergency . 83 Effects of Financial Emergency . 83 Short Questions . 84 Long Questions . 84 UNIT V : DOCTRINE OF FEDERAL CONSTITUTION 85 Features of Indian Federalism . 85 Center-State Relations . 87 All India Services . 90 Public Service Commission . 91 Administrative Tribunals . 93 Short Question . 94 Long Questions . 94 Multiple Choice Questions 95 Special Annexure 282 Articles of Indian Constitution [Contents in Brief] 291 This page intentionally left blank I UNIT BASIC STRUCTURE OF CONSTITUTION Meaning of the term ‘Constitution’ – Its Importance – Making of the Indian Constitution 1946-49 – Dr. B. R. Ambedkar’s Contribution – Preamble – Method of Amending the Constitution – An Overview of Constitutional Developments Government: A country has a definite boundary. The people residing in the country are its citizens. To ensure a peaceful and orderly life in the country, an organization is required. Such an organization is called the Government. It organizes the people and looks after their welfare. How is a government formed? What are its powers, functions and organs? What are the rights of the citizens? Answers to these questions are found in a document known as the ‘Constitution’. Constitution: The word ‘Constitution’ is developed from the word ‘Constitute’, which means ‘to frame or to establish or to compose’. According to the Oxford English Dictionary, ‘Constitution’ means a ‘system’, according to which the laws and principles of the State is governed. It is a set of fundamental rules according to which the government of a State. It is a document which contains the rules and regulations guiding the administrations of a State. It defines the relationship between the rulers and the ruled and how rulers are created in the country. It may be written, or unwritten as in the case of Great Britain. It explains the powers belonging to the government, the fundamental rights of the citizens and the relationship between the citizens and the government. It upholds the principle that all citizens are equal before the law. Any law which is not in accordance with the Constitution becomes invalid. It is a document which is the supreme law of the land. It has derived from a Latin word ‘salus populi suprema lex’ meaning ‘welfare of the people is the supreme law’. Hence, the Constitution of India is a public document which is considered as the voice of the people. It 2 Indian Constitution is the document having a legal sanctity. Constitution is an important instrument which confers powers, rights, functions, principles, restrictions and obligations on the part of individuals, states and everybody who are the citizens of India. The purpose of the Constitution is to maintain harmonious relations between the individuals and the states on the one hand and between the different organs of the government on the other. The Constitution reflects the will and wish of the people. There are THREE pillars of the Constitution: Legislature, Executive and Judiciary. This is known as ‘Doctrine of Separation of Power’ (Lord Montesquieu). There are TWO types of Constitution: Rigid and Flexible Constitutions. Few Definitions of Constitution The way of life the state has chosen for itself – Aristotle It is the collection of principles according to which the powers of the government, the rights of the governed and the relation between the two are adjusted – Woolsey It is that body of rules, or