the frame work and principal functions of the government, Constitution of a country The Constitution of India was framed by a constituent Assembly set up. We have given Indian polity notes for Competitive exams. You can download this polity PDF useful for all competitive exams of UPSC (Civil services including IAS), SSC CGL, TNPSC etc. All the important notes on Indian constitutions, needed for all competitive exams. The Constitution of India has been brought up-to-date by The Constitution (One Hundredth Amendment) Act, containing details of.
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Read this article to know the important Articles of the Constitution of India which are generally asked in SSC CGL, SSC CHSL, RRB ALP, RRB Group D and. Law of Constitution Imp – Art Nature of Indian Constitution. Power position of Presedent. Art and amendment procedure. Trade comer and intercourse. This summary of Indian Constitution (index) should be very handy for Indian You can create PDF from any notes by clicking on the print PDF button at the.
Council of Ministers 74 Council of Ministers to aid and advise President. General 79 Constitution of Parliament. Conduct of Business 99 Oath or affirmation by members. Disqualifications of Members Vacation of seats.
Legislative Procedure Provisions as to introduction and passing of Bills. Procedure in Financial Matters Annual financial statement. Procedure Generally Rules of procedure. The Governor Governors of States. Council of Ministers Council of Ministers to aid and advise Governor. General Constitution of Legislatures in States. Conduct of Business Oath or affirmation by members.
Powers, privileges and immunities of State Legislatures and their Members Powers, privileges, etc. Power to impose taxes by, and Funds of, the Municipalities. Disputes relating to Waters Adjudication of disputes relating to waters of inter-State rivers or river valleys. Co-ordination between States Provisions with respect to an inter-State Council.
General Interpretation. Distribution of Revenues between the Union and the States Duties levied by the Union but collected and appropriated by the State. Miscellaneous financial provisions Expenditure defrayable by the Union or a State out of its revenues.
Alex is the founder of ClearIAS. As one of the pioneers in online civil services exam coaching, his notes, strategies, guidance, and mock exams have been helping thousands of candidates clear various stages of UPSC Civil Services exam, every year. Constitution of India gives Equality, Fraternity and Justice to all. Bhimrao Ramji Ambedkar. I am prepared for one entrance exam in pondicherry government.
Join us now! The articles tamil sir. I have a question modi changes the ise of nd old notes anyone tell me according to which article of constitution he got that power or in which article it is defined.
Thanks a lot to provide a brief introduction of our constitution I get help to understand it Regards Mujahid pasha Qureshi Basvakalyan karnataka. Sir how can I get your constant posted material for ias preparation your provided material most of the updated in previous year. When I saw and studied these Indian constitutional articles, understood that we are unknown about it but right now known.
I really appreciate who wrote this essay. Constitution is the most powerful authority of India. Your email address will not be published. Notify me of follow-up comments by email. Notify me of new posts by email. Learn more. Share 8K. Integrate Learning With Test-Taking!
Related Posts: Comments Excellent job. Really helpful. Thank u really useful. Very useful Thanks…. Good work.. Thank u. Very good marerial for all competition exam. Satish Reddy Very useful thanls. Suggest the book to download where list of all articles are stated and all its amendments.
I want full constitution in tamil where i can get it can any one know. Thanks for the useful information. Helped me. Thank you. Art and amendment procedure.
Trade comer and intercourse. These parts respectively as a Negative Obligation of the State and not to Interfere with the Liberty of the Individual, and Positive Obligation of the State to take steps for the welfare of the Individual. Sate under Art 12 of the constitution has Four Components: The Government and Parliament of India Government means any department or institution of department; Parliament shall consist of the President, the House of People and Council of State.
The Government and Legislature of each State. All Local Authorities and; It means, Municipal boards Panchayats, Body of Port Commissioner, and other legally entitled to or entrusted by the government. Other Authorities within the territory of India or under the control of Government of India. They are quite specific and self explanatory. Judicial Scrutiny The letter two categories, particularly the last are not so specific and require some explanation.
Principle of Ejusdem Generis: It observed that there is no common genus between the authorities mentioned in Article And by giving the reference of Art 19 1 g , and Art which contemplated engagement of state in the performance of commercial activity, and Art 46 promotion of education or economic interest. Jain , to be a local authority, an authority must fulfill the following tests- i Separate legal existence. Other jurists say that since judiciary has not been specifically mentioned in Article 12, it is not State, therefore if the Judge or magistrates are not note State while there are functioning as a Judiciary.
But if they are also functioning as Administrator then they will be treated as State within the meaning of Art The Chief Justice of High court shall have functions in dual role: Chief Justice of High Court 2.
Chief Administrative of High Court. If any citizen aggrieved by the act of the Chief Justice , while he was function as chief administrator of the high court then that chief justice has no remedy and he shall be treated as a State under the Art It has gained wider meaning which ensures that Part-III can be applied to a larger extent. We hope that it would continue to extent its width in coming times. Art 13 is having a flexible nature; it does not make the whole Act inoperative.
It makes inoperative only such provisions of it as are inconsistent with or violative of fundamental right. Sometimes valid and invalid portion of the Act are so intertwined that they cannot be separated from one another. In such cases, the invalidity of the portion must result in the invalidity of the Act in its entirety, the reason is that the valid part cannot survive independently. In determining whether the valid parts of a statue are severable from the invalid parts.
In intention of the Legislature is the determining factor. In other words it should be asked whether the legislature would have enacted at all that which survive without the part found ultra virus. In fact, section 29 of this Act provides that in certain area in which the petitioner did not obtain any license in which the petitioner was residing, it was not necessary to obtain the said license for possession fire arm.
Doctrine of Eclipse Pre Constitutional Laws Art 13 1 Art 13 provides that any law which made before the commencement of constitution must be consistent with the part III of the constitution. At the same time such statue shall not be treat as Dead unless it is abolish by Parliament. It will be treated as dormant or remains eclipsed to the extent it comes under the shadow of the fundamental rights.
Regarding the doctrine of eclips few points need to be consider. It is held to be applied only the Pre Constitutional Laws, and not to be post constitutional laws. The statue was challenge by the petitioner under Art 19 1 g.
The Center Govt. Amended Act on enabling the state to nationalize the motor transport. That SC held that the statue of MP sate State nationalizing the motor transport was cured by the 4th Amendment Act and therefore the Doctrine of Eclipse has been applied and the such Act is valid. Ratinam held as unconstitutional.
However when a constitutional bench in Gian Kaur case reversed this decision and held Section as constitutional, the eclipse was removed and it because operable again. These constitutional rights are not absolute. There are reasonable restriction impose by the constitution. The primary objective of these FR are based on public policy. Therefore no individual can waive off such RF rights.
The doctrine of waiver of right is based on the premise that a person is his best judge and that he has the liberty to waive the enjoyment of such right as are conferred on him by the state. However the person must have the knowledge of his rights and that the waiver should be voluntary.
In the meanwhile the SC in another case held that section 5 1 is ultra vires the constitution, as it was inconsistence with Art So the appellant cannot his waive off his FR. Conclusion- It means "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied.
Comment on Basic Structure of Constitution of India. However the amendment of constitution often been used to achieve political purposes or to override judicial verdicts. For providing the compatibility of Constitution with the changing society needs , constitution maker provide the Art Power of Parliament to amend the Constitution and procedure therefor for the purpose of amendment the provisions of constitution fall under 3 categories.
Supremacy of Constitution. Republican and Democratic form of Government and sovereign of the country. Secular and federal character of Constitution and d. Separation of power between Legislature, executive and Judiciary. Ac to Shelat and Grover, J. J also included: Fundamental Right b. Directive Principle. Anew article A has been added that provided that the election of a person who hold the office of PM can be challenged only before such a body or forum as may be established by Parliament by law and not in court.
Sovereign democratic republic status b. Equality of status and opportunity of an individual c. Secularism and freedom of conscience and religion d. It was ruled by court that a limited amending power itself is a basic feature of the Constitution L.
Chandra Kumar case "That the power of judicial review over legislative action vested in the High Courts under Article and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure". Conclusion Now we can say, there is no hard and fast rule for basic feature of the Constitution.
Different judge keep different views regarding to theory of basis structure. No law can be enacted or amended in a manner that violates the spirit of the preamble. It did not take account of existing inequalities arising even from the public policies with that kind of undertaking of the right to equality.
This first expression equality before the law, is a somewhat negative concept which is said to be have taken from English common law, is a declaration of equality of all person within the territory of India, implying there by the absence of any special privilege in favor of any individual.
Ever person whatever be his rank or position is subject to the jurisdiction of the ordinary court. The second expression the equal protection of the law which is rather a corollary of the first and is to be taken from US, it is a more positive concept implying equality or treatment in equal circumstances. These two expression under this article to make the concept of equal treatment a binding principle of State action. The word Law in the former expression is used in a generic sense a philosophical sense, whereas the word Laws in the latter expression denotes specific laws.
It has not explained this statement any further, but it means that equality for all is the law or standard norm of the land. Equal protection of the laws is now being read as a positive obligation on the State to ensure equal protection of the Laws by bringing in necessary social and economic changes so that every one may enjoy equal protection of the laws and nobody is denied such protections.
Underlying Principle As no human being are equal in all respect the same treatment to them in every respect would result in unequal treatment. For example the same treatment to a child as to an adult or to a physically challenge or healthy person, will result in unequal treatment. Therefore the underlying principle of equality is: But this does not mean the unequal treatment for all, while the later Article of this part Part III especially Art 15 and 16, equality not only prohibited unequal treatment but it also demands equal treatment.
Therefore state must not only treat people unequally but it must also take positive steps to remove existing inequalities, especially those inequalities which treat human being less then human being. Test of Valid Classification This article forbids the legislature classification, but it does not forbid reasonable classification of person, objects and transactions by the legislature for the purpose of achieving specific ends.
And differentia must have a rational relation to the object sought to be achieved by the Act. There must be an nexus between the basis of classification and the object of the Act which makes the classification. Equality is a dynamic concept with many aspects and dimensions and it is cannot be cribbed, cabined and confined within traditional and doctrinaire limits. For a positive point of view equality is antithetic to arbitrariness. Means Art superseded the Art This is the first time when court check the power of Parliament to Amend the constitution which has been given by Art of Constitution of India, and applied the Doctrine of prospective Over Ruling.
And add a new clause 4 in Art 13 —which provide that- nothing in this Art shall apply to any amendment to this art made under Art Discuss this statement. Can preamble be amended under Art of the constitution? Preamble useful to interpretation the constitution. The principle generally sets the ideas and goal of constitution maker which then intended to achieve through that constitution.
In Golaknath v. In Berubari Union and Exchange of Enclaves- it was held that - the constitution is the key to open the mind of the constitution makers. And it is not the part of the constitution. Preamble also a legitimate aid in the interpretation of the constitution. In Keshvanad Bharti v. And preamble is the part of the constitution. The purpose serve by preamble. Source of constitution. Enacting clause -which brings into force the constitution- having solemnly resolved India Into- which shows the enactment clause of constitution.
Right and freedom of the people, type of Government and polity- to secure every citizen justice, liberty, and equality and fraternity right.
And there would be sovereign, socialist and democratic head of the State is elected, direct and indirect democracy. But the evidence shows that it can be amended which has been shown in 42ed Amendment of Constitution which add —Secularism, Socialism, and integrity.
What is the nature of Indian Constitution? On what grounds is its spirit of federalism challenged?
Mention its important features. Typically, democratic constitutions are classified into two categories - Unitary and Federal. In a unitary constitution, all the powers are concentrated in a central authority.
The states or the constituents of the country are subordinate to such central authority. In a federal constitution, powers are distributed among the center and the states. States are not subordinates of the center. According to Prof. Wheare, the constitutions of USA, Australia, and Switzerland are prime examples of a federal constitution.
Ambedkar has categorically said in Constituent Assembly discussions that notwithstanding certain provisions that centralize the powers, Indian Constitution is essentially federal. Wheare and some other academicians, however, are hesitant in calling it a federal constitution and prefer to term it as "quasi-federal" or "federal with strong centralizing tendency".
Wheare accepts the existence of certain provisions in the American constitution, such as dependence of Senate on States, that are contrary to federal character.
However, he says that while the principles of federalism should be rigid, the terminology of "federal constitution" should be wide. A constitution should be called federal if it displays federal character predominantly.
The following are the defining features of federalism. Distribution of Powers between center and states. Supremacy of the Constitution. Written Constitution. Rigidity of the Constitution. Independent Judiciary. All the above characteristics are present in the Indian Constitution.
However, there are certain provisions that affect its federal character. Appointment of the Governor of a State Art and provide that the Governor, who is the constitutional head of a State, is to be appointed by the President and stays only until the pleasure of the President. Further, that the Governor can send the laws made by the state for assent from the President, who can veto the law.
It should be noted that Governor is only a ceremonial held and he works on the advice of council of ministers. In past 50 yrs, there has been only one case re Kerala Education Bill , where amendments to a state law were asked by the center and that too after the opinion of the Supreme Court.
Thus, it does not tarnish the federal character and states are quite free from outside control. Power of the parliament to make laws on subjects in the State list. Under art , center is empowered to make laws on subjects in the state list. On the face of it, it looks a direct assault on the power of the states.
However, this power is not unlimited. It should be noted that Rajya Sabha is nothing but the representative of the states. So an approval by Rajya Sabha means that States themselves are giving the power to the center to make law on that subject. Power to form new states and to change existing boundaries Under Art 3, center can change the boundaries of existing states and can carve out new states. This should be seen in the perspective of the historical situation at the time of independence.
At that time there were no independent states. There were only provinces that were formed by the British based on administrative convenience. At that time States were artificially created and a provision to alter the boundaries and to create new states was kept so that appropriate changes could be made as per requirement.
Emergency Provisions Center has the power to take complete control of the State in the following 3 situations: An act of foreign aggression or internal armed rebellion Art 2.
Failure of constitutional machinery in a state art 3. Financial Emergency art In all the above cases, an elected state government can lose control of the state and a central rule can be established.
In the first case, it is very clear that such a provision is not only justified but necessary to protect the existence of a state. A state cannot be left alone to defend itself from outside aggression. In the third case also, it is justified because a financial emergency could cause severe stress among the population, plunge the country into chaos and jeopardize the existence of the whole country.
Such provisions exist even in USA. The second provision is most controversial. It gives the center the power to take over the control of a state. However, such an action can be taken only upon the advice of the governor and such an advice is not beyond the purview of the Supreme Court. In a recent case, Supreme court ruled that the imposition of Presidential rule in the state of Bihar was unconstitutional. Thus, it can be safely said that Indian Constitution is primarily federal in nature even though it has unique features that enable it to assume unitary features upon the time of need.
Took 2 yrs, 11 mos, 18 days. Adopted on 26th Nov celebrated as Law Day , enforced fully on 26th Jan. Longest written constitution - articles, 26 parts, 12 schedules.
Original US constitution had 7 articles and Australia had Establishment of sovereign, socialist, secular, democratic, republic.
Parliamentary form of govt. Unique blend of Federal and Unitary features 1. Rigidity and flexibility 4. Emergency Provisions 5. Single Citizenship 6. Positive Secularism - St. Indian Socialism - Combination of Marxist and Gandhian ideology. Right to work is absent. Economic Democracy 8. Other features 1. Fundamental Duties Q. What do you understand by fundamental rights? Discuss with respect to Indian Constitution. The general concept of fundamental rights The rights that are basic to the advancement of the human race are called Fundamental Rights.
All other rights are derived from these rights as direct implications or application of their principles. It is an accepted belief among the philosophers that these rights are nothing but "natural human rights", which distinguish between humans and animals and which have been so instrumental in bringing humans from the stone age to the present age. Among all, the right to life and liberty is considered to be the most basic.
The history of legally enforceable fundamental rights probably starts from Magna Carta, which was a list of rights extracted from Kind John by the people of England in AD. This was followed by the "Bill of Rights" in in which Englishmen were given certain civil and political rights that could not be taken away.
Later on the French compiled the "Declaration of the rights of Man and of the Citizen" after the French Revolution in The most important advancement in history of fundamental rights occurred when the USA incorporated certain fundamental rights in the form on "Bill of Rights" in their constitution by the way of first 10 amendments.
These rights were deemed to be beyond the vagaries of politics. The protection by the constitution meant that these rights could not be put to vote and were not dependent on the whims of politicians or of the majority. After this, nearly all democracies of the world have given a constitutional sanctity to certain inalienable rights available to their citizens.
Need for Fundamental Rights 1. Rule of Law These rights are a protection to the citizens against the govt and are necessary for having the rule of law and not of a a govt or a person.
Since explicitly given by the constitution to the people, these rights dare not be transgressed by the authority. The govt. First fruits of the freedom struggle After living in subjugation for such a long time, people had forgotten what is meant by freedom.
These rights give people hope and belief that there is no stopping to their growth. They are free from the whims of the rulers. In that sense, they are first fruits of the lengthy freedom struggle and bring a sense of satisfaction and fulfillment. Quantification of Freedom Even citizens in gulf countries or communist countries are free.
Then how is our freedom different from theirs? The list of fundamental rights is a clear measurement for how free we really are. As an example, every Indian citizen in free to practice a religion of his choice, but that is not so in the gulf countries. Our right to speech and expression allows us to freely criticize the govt. Fundamental Rights in India Technically speaking, the rights specified in Part III Art 12 to 35 of the constitution are the fundamental rights available to the citizens of India.
Bhagvati has said that these rights represent the values that are cherished by the people of this country since the vedic ages and are calculated to protect the dignity of individual and to create conditions in which every human being is able to develop his personality to the fullest. These rights are necessary for a human being for attaining full social, intellectual, and spiritual status. These rights can be grouped into 6 categories - 1.
Articles Right to Equality Art. It enshrines the principle of "Equality before law and Equal protection of law". However, this brings us to an important question. Should people living in unequal circumstance be treated equally? In Indian Constitution, the answer is a resounding no.
We have adopted the mantra of "equal treatment under equal circumstances". This is reflected in Art 15, which, while prohibits the state from discriminating between the citizens only on the grounds of Caste, Race, Religion, Sex, and Place of Birth or all of them[ Art 15 1 ], also allows the state to make special provisions for Women and Children [Art 15 3 ] and for Backward classes [Art 15 4 ]. In these cases, the SC of both the countries held that all persons similarly circumstanced should be treated equally.
Only like should be treated alike and thus a reasonable classification can be done. Several cases such as Randhir Singh vs Union of India Equal pay for equal work illustrate the principle of equality. The SC judgment in Indra Sawhney vs Union of India AIR incorporates the element of fairness in dealing with inequalities in the society, while balancing the aspirations of the socially forward classes.
A person can only be with charged with an offence of an action if the said action was illegal as per the law of the time when the action was committed.
A person cannot be charged with the same crime if he has already been produced before the court and a verdict has been pronounced. A person will not be forced to testify against himself. In this case the SC held that his right is not only about having any kind of life but a life of dignity.
The freedom is not just physical but mental as well as spiritual. This encompasses several rights such as right to travel abroad Satvant Singh v Ass. Further, Constitution Amendment Act 86, makes free and compulsory education to children under 14 a fundamental right.
It provides that a person must be informed of the grounds of arrest as soon as possible, be allowed to speak to a lawyer of his choice, and be produced before a magistrate within 24 hrs of detention. This includes flesh trade and forced work or work without pay begar system. Art Freedom of Religion Unlike several countries of the world, we are free to practice, profess, and propagate any religion under Art.
It also gives the right to manage our own religious matters. Art Cultural and Educational Rights Art. To prevent discrimination, however, art 29 2 prohibits them from discrimination in admissions only on the grounds of religion, race, caste, language, or any of them.
Art 32 Right to Constitutional Remedies Dr. Ambedkar, the chief architect of our constitution, has said that Article 32 is the soul of our constitution.
All the talk of rights is useless if there is no recourse against their transgression. This view, however, has been rightly rejected by the SC in Menaka Gandhi vs. Union of India AIR case. In this case, J Bhagvati said that the role of SC should be to interpret these rights in the widest possible manner and it should not attenuate these rights by being confined to their narrow definition.
All these rights are not mutually exclusive and form an integrated theme of the constitution. J Beg said that their waters must mix to form a grand flow of unimpeded and impartial justice. Thus, any law that takes away the life or liberty of a person, must also satisfy the test of reasonableness under art.
It must satisfy the principle of natural justice, which is a basic component of fair procedure under Art. While Art 21 does not contain the "due process" clause of the American Constitution, the effect is the same because natural justice is a distillate of due process i. It allows the judiciary to even enforce the fundamental rights in a prison. Even prisoners are humans and must be treated with dignity. They cannot be stripped off of their fundamental rights, thus menial or forced work without pay, solitary confinement, degrading punishment, is not allowed.
This case has also allowed people who are not directly involved but have any kind of interest to approach the court. The objective is to remove injustice wherever it is found in the society. Absoluteness of Fundamental Rights "Your freedom ends where my freedom starts" is a well known saying.
The constitution gives you the right to propagate your religion. But does that mean you should force me to hear religious activities over the loudspeaker? The constitution gives you the freedom of speech and expression. But does that mean you can publish and sell pornography freely in open market?
These things clearly tell us that no right is absolute. Indian Constitution also takes the same stand and specifies the limits of these rights. These rights extend only until they do not affect security of the state, public order, and social decency. The constitution allows reasonable restrictions to be placed on these rights. Further, under art , president may suspend the right to move courts for violation of rights given in part III except art 20 and Critical Analysis Indian Constitution was written after a through analysis of existing constitution of the world.
The framers of the constitution have incorporated the good things from all the places. As such it is more fair and consistent than religious books. It is for the foresight of the framers of the constitution that the country is integrated and has progressed.
While the framers had thought about a lot of things, the one thing that they probably missed was the safeguards against the degrading morality of politicians. What do you understand by freedom of speech and expression? What restrictions can be applied on it? Freedom of speech and expression is the most basic of all freedoms granted to the citizens of India.
J Patanjali Shastri has said in the case of Romesh Thaper vs State of Madras AIR SC that freedom of speech and that of the press lay at the foundation of a democratic society, for without free political discussions, no public education is possible, which is so important for the proper functioning of the govt. It allows us to freely express our ideas and thoughts through any medium such as print, visual, and voice.
One can use any communication medium of visual representation such as signs, pictures, or movies. Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Th us, the freedom of publication is also covered under freedom of speech. This right is not only about communicating your ideas to others but also about being able to publish and propagate other people's views as well. Thus, freedom of speech and expression is linked to the people's right to know.
Freedom of speech and expression is a broad term and encompasses several things. The following are important cases that have determined the extent of this right from time to time.
SC held that right to know news and information about the functioning of the govt.
SC held that people have right to know about the candidate before voting. Thus, the law preventing the Election Commission from asking for a candidates wealth, assets, liabilities, education and other such information, is invalid. LIC published a response to that but did not give a chance to public a rejoinder. It also held that it does not mean every body has a right to publish in a magazine and this right should be determined on a case by case basis.
In this historic judgment, SC has held that one has the right to publicize his expression as well. A game of cricket is an expression and the organizers have a right to propagate it every where in the world. So Doordarshan must provide its uplinking facilities to CAB for transmitting the signals out of country. Art 19 2 does not allow restrictions on 19 1 a on the grounds of creating monopoly of the govt. Tata Press Ltd. In this case, SC held that commercial advertisement is protected under freedom of speech.
Restrictions on Freedom of Speech and Expression Every human desires to do many things. However, in a civil society such desires must be curbed to certain extent in respect of similar desires of other human beings.