constitutional zist

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Indian constitution is the largest constitution in the world it contains originally 395 Articles, 22 parts, and 8 schedules. And presently it has 448 articles, 22 parts, and 12 schedules. Ø Part 1- Art. 1 to art. 4: · Art.1- Name and territory of the union. · Art.2 - Admission and Establishment of the new state. · Art.3- Formation of new states and alteration of areas, boundaries, and name of existing states. Ø Part 2- Art. 5 to art. 11: · Art.5 - Citizenship at the commencement of the constitution. · Art.6- Rights of citizenship of certain person who have migrated to India from Pakistan. · Art.10- continuance of rights of citizenship. · Art.11- Parliament to regulate the right of citizenship by law. Ø Part 3- Art.12 to art.35 · Art.12- Definition of the state · Art.13 Laws inconsistent with or in derogation of the fundamental rights. Originally, constitution provided for 7 basic fundamental rights, now there is only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44 th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution. Some important Fundamental Rights are as: · Right to Equality: Art. 14 to Art. 18 · Art.14- Equality before the law. · Art.15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth. · Art.16- Equality of opportunity in matters of public employment. · Art.17- Abolition of the untouchability.

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Page 1: Constitutional Zist

Indian constitution is the largest constitution in the world it contains originally 395 Articles, 22 parts, and 8 schedules. And presently it has 448 articles, 22 parts, and 12 schedules.Ø Part 1- Art. 1 to art. 4:· Art.1- Name and territory of the union.· Art.2 - Admission and Establishment of the new state.· Art.3- Formation of new states and alteration of areas, boundaries, and name of existing states.Ø Part 2- Art. 5 to art. 11:· Art.5 - Citizenship at the commencement of the constitution.· Art.6- Rights of citizenship of certain person who have migrated to India from Pakistan.· Art.10- continuance of rights of citizenship.· Art.11- Parliament to regulate the right of citizenship by law.Ø Part 3- Art.12 to art.35· Art.12- Definition of the state· Art.13 Laws inconsistent with or in derogation of the fundamental rights.Originally, constitution provided for 7 basic fundamental rights, now there is only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.Some important Fundamental Rights are as:· Right to Equality: Art. 14 to Art. 18· Art.14- Equality before the law.· Art.15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.· Art.16- Equality of opportunity in matters of public employment.· Art.17- Abolition of the untouchability.· Art.18- Abolition of titles

· Right to Freedom: Art. 19 to art. 22· Art.19 guarantees to all the citizens the six rights· (a) Right to freedom of speech and expression.· (b) Right to assemble peacefully and without arms.

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· (c) Right to form associations or unions.· (d) Right to move freely throughout the territory of India.

· (e) Right to reside and settle in any part of the territory of India.· (f) Right to practice any profession or to carry on any occupation, trade, and business.· Art.20- Protection in respect of conviction for offences.· Art.21-Protection of life and personal liberty.· Art .22- Protection against arrest and detention in certain cases.· Right against Exploitation: Art.23 & art. 24· Art. 23- Prohibition of traffic in human beings and forced labour.· Art.24- Prohibition of employment of children in factories and mines. Under age of 14.Ø Right to Freedom of Religion: Art.25 to art. 28· Art.25- Freedom of conscience and free profession , practice and propagation of religion.· Art.26- Freedom to manage religious affairs.· Art.27- Freedom as to pay taxes for promotion of any particular religion.· Art.28- Freedom from attending religious instruction.Ø Cultural and Educational Rights:Art.29 & art. 30· Art. 29- Protection of interest of minorities.· Art.30- Right of minorities to establish and administer educational institutions. Ø Art.32- Remedies for enforcement of Fundamental Rights.

Ø Part.4 Directive Principal of states Policy: Art 36 to art. 51

· Art.36- Definition· Art.37- Application of DPSP· Art.39A- Equal justice and free legal aid· Art.40- Organisation of village panchayat· Art.41- Right to work , to education, and to public assistance in certain cases· Art.43- Living Wages, etc. for Workers.

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· Art.43A- Participation of workers in management of industries.· Art.44- Uniform civil code.( applicable in Goa only)· Art.45- Provision for free and compulsory education for children.· Art.46- Promotion of educational and economic interest of scheduled castes, ST,and OBC.· Art.47-Duty of the state to raise the level of nutrition and the standard of living and to improve public heath.· Art.48-Organisation of agriculture and animal husbandry.· Art.49- Protection of monuments and places and objects of natural importance.· Art.50- Separation of judiciary from executive.· Art.51- Promotion of international peace and security.· Fundamental Duties: Part IV-A- Art 51A· It contains, originally 10 duties, now it contains 11 duties by 86thamendments act 2002.· Part.5- The Union Executive:· Art.52- The President of india· Art.53- Executive Power of the union.· Art.54- Election of President· Art.61- Procedure for Impeachment of the President.· Art.63- The Vice-president of India.· Art.64- The Vice-President to be ex-officio chairman the council of States.· Art.66-Election of Vice-president.· Art.72-Pradoning powers of President.· Art.74- Council of minister to aid and advice President.· Art.76- Attorney-General for India.· Art.79- Constitution of Parliament· Art.80- Composition of Rajya Sabha.· Art.81- Composition of Lok Sabha.· Art.83- Duration of Houses of Parliament.· Art.93- The speakers and Deputy speakers of the house of the people.· Art.105- Powers, Privileges,etc of the House of Parliament.· Art.109- Special procedure in respects of money bills· Art.110- Definition of “Money Bills”.

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· Art.112- Annual Financial Budget.· Art.114-Appropriation Bills.· Art.123- Powers of the President to promulgate Ordinances during recess of parliament.· Art.124- Establishment of Supreme Court.· Art.125- Salaries of Judges.· Art.126- Appointment of acting Chief justice.· Art.127- Appointment of ad-hoc judges.· Art.128-Attendence of retired judge at sitting of the Supreme Court.· Art.129- Supreme court to be court of Record.· Art.130- Seat of the Supreme court.· Art.136- Special leaves for appeal to the Supreme Court.· Art.137- Review of judgements or orders by the Supreme court.· Art.141-Decision of the Supreme Court binding on all the courts.· Art.148- Comptroller and Auditor- General of India· Art.149- Duties and Powers of CAG.· Art.153- Governors of State· Art.154- Executive Powers of Governor.· Art.161- Pardoning powers of the Governor.· Art.165-Advocate-General of the State.· Art.213- Power of Governor to promulgate ordinances.· Art.214- High Courts for states.· Art.215- High Courts to be court of record.· Art.226- Power of High Courts to issue certain writs.· Art.233- Appoinment of District judges.· Art.235- Control over Sub-ordinate Courts.· Art.243A- Gram Sabha· Art.243B- Constitution of Panchayats· Art.280- Finance Commission· Art.300-A- Right to property.· Art.301-Freedom to trade, commerce, and intercourse.· Art.302- Power of Parliament to impose restrictions on trade, commersce, and intercourse.· Art.312- All- India-Service.

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· Art.315- Public service commissions for the union and for the states· Art.320- Functions of Public Service Commission.· Art.323A- Administrative Tribunals· Art.324-Superintendence, direction and control of Elections to be vested in an Election Commission.· Art.325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.· Art.326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.· Art.338- National Commission for the SC, & ST.· Art.340- Appointment of a commission to investigate the conditions of backward classes.· Art.343- Official languages of the Union.· Art.345- Official languages or languages of a states.· Art.348- Languages to be used in the Supreme Court and in the High Courts.· Art.351-Directive for development of the hindi languages.· Art.352- Proclamation of emergency ( National Emergency).· Art.356- State Emergency· Art.360- Financial Emergency· Art.361- Protection of President and Governors · Art.368- Powers of Parliaments to amend the constitution.· Art.370-Special provision of J&K.· Art.393-Constituion of India.

Amendments to The Constitution-Important

The first Amendment Act to the Indian Constitution was made in the year 1951According to it, Articles 15, 19, 85, 87, 174, 176, 341, 342, 376 were amended and Articles 31A and 3IB inserted and Ninth Schedule was added.

The Constitution (24th Amendment) Act, 1971: It affirmed the power of the Parliament to amend any part of the Constitution. After this

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amendment, the President is bound to assent to Constitution Amendment Bill. Education was transferred to the Concurrent List by this amendment.

The Constitution (36th Amendment) Act, 1975: By this Act, Sikkim became the 22nd State of the Indian Union.

The Constitution (39th Amendment) Act, 1975: The Bill was passed by the Lok Sabha on August 7 and received Presidential assent on August 9,1975. The Act places beyond challenge in courts the election to Parliament of a person holding the office of Prime Minister or Speaker and the election of President and Vice-President.

The Constitution (52nd Amendment) Act, 1985: The Act has made defection to another party, after elections illegal. Any member defecting to another party after elections will be disqualified from being member of Parliament or State Legislature.

The Constitution (53rd Amendment) Act, 1986: It confers Statehood on Mizoram and ensures against unnecessary interference by the Central Government with the laws relating to spheres of social relationship and community conduct applicable to Mizoram.

The Constitution (55th Amendment) Act, 1987: It grants Statehood to Arunachal Pradesh which consequently became the 24th State of the Indian Union.

The Constitution (56th Amendment) Act, 1987: It confers Statehood on Goa and forms a new Union Territory of Daman and Diu. Goa thus became the 25th State of the Indian Republic.

The Constitution (57th Amendment) Act, 1987: It made a special provision for the setting up of the new State of Goa. Consequently Daman and Diu were separated from the former to form a Union Territory.

The Constitution (59th Amendment) Act, 1988: It empowered the Central Government to impose Emergency in Punjab when deemed necessary. Under the amendment, President’s rule can be extended upto three years. Earlier maximum period was two years.

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The Constitution (61st Amendment) Act, 1989: It lowered the voting age from 21 to 18.

The Constitution (62nd Amendment) Act, 1989: It provided for the extension by another 10 years of reservation of seats in the Parliament and State Assemblies for the Scheduled Castes and Tribes and reservation for Anglo Indian community by nomination.

The Constitution (64th Amendment) Act, 1990: It extended the President’s rule in Punjab by six months.

The Constitution (66th Amendment) Act, 1990: To bring land reforms within the purview of 9th Schedule of the Constitution.

The Constitution (69th Amendment) Act, 1991: Delhi made National Capital Region. The Act also made provision for Legislative assembly and a council of ministers for Delhi.

The Constitution (70th Amendment) Act, 1992: Before this act was made Article 54 relating to the election of the President provided for an electoral college consisting only of the elected members of Parliament as well as the legislative assemblies of the States (not of Union Territories). The amendment provide for inclusion of members of legislature of Pondicherry and Delhi.

The Constitution (71st Amendment) Act, 1992: The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and Nepali Languages in the 8th Schedule of the Constitution.

The Constitution (72nd Amendment) Act, 1992: To make temporary provision for the determination of the number of seats reserved for the Scheduled Tribes in the State assembly of Tripura, until the re-adjustment of seats is made on the basis of the first census after the year 2000 under article 170 of the Constitution.

The Constitution (73rd Amendment) Act, 1992: To ensure direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion to their population; and for reservation of not less than one third of the

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seats in Panchayats for women.

The Constitution (74th Amendment) Act, 1992: was made to ensure direct election to all seats in Nagarpalikas and Municipalities.

The Constitution (76th Amendment) Act, 1994: It relates to the Reservation of Seats in Educational Institutes and of appointments or posts in the Services under a State, for Backward Classes, Scheduled Castes and Scheduled Tribes. The Supreme Court had ruled on November 16, 1992, that the total reservations under Article 16(40) of the Constitution should not exceed 50 per cent.The Constitution (77th Amendment) Act, 1995: According to this Act, the Government have decided to continue the existing policy of reservation in promotion for the Scheduled Castes and Scheduled Tribes.

The Constitution (78th Amendment) Act, 1995: It includes land reform laws in the Ninth Schedule so that they cannot be challenged before the courts.

The Constitution (79th Amendment) Act, 1999: It extends the reservation of seats for SC, ST and Anglo-Indians in the Lok Sabha and Legislative Assemblies for next 10 years.

The Constitution (81st Amendment) Act, 2000: It provides that the unfilled vacancies of a year reserved for SC/ST kept for being filled up in a year as per Article 16, shall be considered separately for filling vacancies in the succeeding year and the previous list will not be considered for filling the 50% quota of the respective year.

The Constitution (82nd Amendment) Act, 2000: It provides that nothing in the Article 355 shall prevent the State from making any provisions in favour of the members of SC/ST for relaxation in qualifying marks with respect to examination/job/promotion.The Constitution (83rd Amendment) Act, 2000: The Act amended Article 243 M to provide that no reservation in Panchayats be made in favour of SC/ST in Arunachal Pradesh where the whole population is tribal.

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Important Articles of Indian Constitution and their Subject Matter

Covered Under Part 1 of the Indian Constitution - Union and States of India - (Article 1 - 4)

Article 1 of the Indian Constitution - Name and Territory of the Union.

(a) India, that is Bharat, shall be a Union of States

(b) The States and the territories thereof shall be as specified in the First Schedule

(c) The territory of India shall comprise the territories of the States, the Union territories specified in the First Schedule and such other territories as may be acquired.

Article 2 of the Indian Constitution - Admission or establishment of new States: Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit.

Article 3 of the Indian Constitution - Formation of new states and alteration of areas, boundaries or names of existing states. In detail it contains below provisions -

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# form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State

# increase the area of any State

# diminish the area of any State

# alter the boundaries of any State

# alter the name of any State

Article 4 of the Indian Constitution - Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters that is any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law.

Covered Under Part 2 of the Indian Constitution - Citizenship - (Article 5 - 11)

Article 5 of the Indian Constitution - Citizenship at the commencement of the Constitution.

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Article 6 of the Indian Constitution - Rights of citizenship of certain persons who have migrated to India from Pakistan.

Article 7 of the Indian Constitution - Rights of citizenship of certain migrants to Pakistan.

Article 8 of the Indian Constitution - Rights of citizenship of certain persons of Indian origin residing outside India.

Article 9 of the Indian Constitution - Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

Article 10 of the Indian Constitution - Continuance of the rights of citizenship.

Article 11 of the Indian Constitution - Parliament to regulate the right of citizenship by law.

Covered Under Part 3 of the Indian Constitution - Fundamental Rights - (Article 12 - 35)

Article 13 of the Indian Constitution - Laws inconsistent with or in derogation of the fundamental rights.

Article 14 of the Indian Constitution - Equality before law.

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Article 16 of the Indian Constitution - Equality of opportunity in matters of public employment.

Article 17 of the Indian Constitution - Abolition of Untouchability.

Article 19 of the Indian Constitution - Protection of certain rights regarding freedom of speech, etc.

Article 21 of the Indian Constitution - Protection of life and personal liberty.

Article 21A of the Indian Constitution - Right to elementary education.

Article 25 of the Indian Constitution - Freedom of conscience and free profession, practice and propagation of Religion.

Article 30 of the Indian Constitution - Right of minorities to establish and administer educational institutes.

Article 31C of the Indian Constitution - Certain Directive Principles were given power and effect.

Article 32 of the Indian Constitution - Remedies for enforcement of fundamental rights including writs.

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Covered Under Part 4 of the Indian Constitution - Directive Principles of State Policy - (Article 36 - 51)

Article 38 of the Indian Constitution - State to secure a social order for the promotion of welfare of people.

Article 40 of the Indian Constitution - Organization of Village Panchayats.

Article 44 of the Indian Constitution - Uniform Civil Code for the Citizens.

Article 45 of the Indian Constitution - Provision for early childhood care and education to children below the age of 6 years.

Article 46 of the Indian Constitution - Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.

Article 50 of the Indian Constitution - Separation of Judiciary from Executive.

Article 51 of the Indian Constitution - Promotion of International Peace and Security.

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Covered Under Part 4-A of the Indian Constitution - Fundamental Duties

Article 51A of the Indian Constitution - Fundamental Duties.

Covered Under Part 5 of the Indian Constitution - Union Government - (Article 52 - 151)

Article 72 of the Indian Constitution - Power of President to grant pardons, etc. and to suspend, remit or commute sentences in certain cases.

Article 74 of the Indian Constitution - Council of Ministers to aid and advise the President.

Article 78 of the Indian Constitution - Duties of Prime Minister as the furnishing of information to the President and if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Article 110 of the Indian Constitution - Definition of Money Bills.

Article 112 of the Indian Constitution - Annual financial statement that is the Budget.

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Article 123 of the Indian Constitution - Power of President to promulgate ordinances during recess of Parliament.

Article 143 of the Indian Constitution - Power of President to consult Supreme Court.

Covered Under Part 6 of the Indian Constitution - State Government - (Article 152 - 237)

Article 155 of the Indian Constitution - Appointment of the Governor by the President.

Article 161 of the Indian Constitution - Power of Governor to grant pardons, etc and to suspend, remit or commute sentences in certain cases.

Article 163 of the Indian Constitution - Council of Ministers to advise and aid the Governor.

Article 167 of the Indian Constitution - Duties of Chief Minister with regarding to the furnishing of information to the Governor.

Article 169 of the Indian Constitution - Abolition and creation of legislative council in states.

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Article 200 of the Indian Constitution - Assent to bill by Governor including the reservation of the bill for the consideration of the President if the Governor feels the need of this.

Article 213 of the Indian Constitution - Power of Governor to promulgate ordinances during recess of State Legislatures.

Article 226 of the Indian Constitution - Power of High Courts to issue certain writs.

Covered Under Part 7 of the Indian Constitution -

Article 238 of the Indian Constitution - It was repealed by 7th Amendment Act 1956 which contained provisions related to A and B category of States.

Covered Under Part 8 of the Indian Constitution - Administration of Union Territories - (Article 239 - 241)

Article 239AA of the Indian Constitution - Special Provisions with respect to Delhi.

Covered Under Part 9 of the Indian Constitution -

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Article 242 - 243 of the Indian Constitution - It was repealed by 7th Amendment Act 1956 which contained provisions related to C and D category of States.

Later by 73rd and 74th Amendment Act 1992, Article 243 was added which is now comprised of provisions related to Panchayati Raj Institutions.

Covered Under Part 10 of the Indian Constitution -

Article (244 - 244 A) of the Indian Constitution - Provision of Scheduled Areas and Tribal Areas.

Covered Under Part 11 of the Indian Constitution - Relation between Union and States - (Article 245 - 263)

Article 249 of the Indian Constitution - Power of Parliament to legislate with respect to a matter in the State List in the national interest.

Article 262 of the Indian Constitution - Adjudicating of disputes relating to waters of inter-state rivers or river valleys.

Article 263 of the Indian Constitution - Provisions with respect to an inter state council.

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Covered Under Part 12 of the Indian Constitution - Finance, Property, Contracts and Suits - (Article 264 - 300)

Article 265 of the Indian Constitution - Taxes not be imposed save by authority of law.

Article 275 of the Indian Constitution - Grants from the Union to certain states.

Article 280 of the Indian Constitution - Finance Commission.

Article 300 of the Indian Constitution - Suits and proceedings.

Article 300A of the Indian Constitution - Persons not to be deprived of property save by authority of law that is Right to Property. This right was initially a fundamental right but later it was removed from the list of fundamental rights.

Covered Under Part 13 of the Indian Constitution - (Article 301 - 307)

Trade, Commerce and Travel.

Covered Under Part 14 of the Indian Constitution - Services Under the Union and States - (Article 308 - 323)

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Article 311 of the Indian Constitution - Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

Article 312 of the Indian Constitution - All India Services.

Article 315 of the Indian Constitution - Public Service Commission for the Union and for the States.

Article 320 of the Indian Constitution - Functions of Public Service Commissions.

Covered Under Part 14-A of the Indian Constitution -

Article 323-A and Article 323-B of the Indian Constitution - Central Administrative Tribunals (CAT).

Covered Under Part 15 of the Indian Constitution - Elections and the Election Commission - (Article 324 - 329)

Article 324 of the Indian Constitution - Superintendence, direction and control of elections to be vested in an Election Commission.

Covered Under Part 16 of the Indian Constitution - Special status related to SC, ST and Anglo Indians - (Article 330 - 342)

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Article 330 of the Indian Constitution - Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of People.

Article 335 of the Indian Constitution - Claims of Schedules Castes and Scheduled Tribes to services and posts.

Covered Under Part 17 of the Indian Constitution - Official Languages - (Article 343 - 351)

Covered Under Part 18 of the Indian Constitution - Emergency Provisions - (Article 352 - 360)

Article 352 of the Indian Constitution - Proclamation of Emergency that is National Emergency.

Article 356 of the Indian Constitution - Provisions in case of failure of Constitutional machinery in States that leads to the imposition of President's Rule.

Article 360 of the Indian Constitution - Provisions as the Financial Emergency.

Covered Under Part 19 of the Indian Constitution - Judicial immunity to the President and the Governor - (Article 361 - 367)

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Article 365 of the Indian Constitution - Effect of failure to comply with, or to give effect to, directions given by the Union.

Covered Under Part 20 of the Indian Constitution -

Article 368 of the Indian Constitution - Power of Parliament to amend the Constitution and procedure thereof.

Covered Under Part 21 of the Indian Constitution - Temporary, Transitional and Special Provisions - (Article 369 - 392)

Article 370 of the Indian Constitution - Temporary provisions with respect to the state of Jammu and Kashmir.

Covered Under Part 22 of the Indian Constitution - Short title and commencement of the Constitution - (Article 393 - 395)