CONSTITUTION OF INDIA 2

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CONSTITUTION OF INDIA
CONSTITUTION OF INDIA 2

CONSTITUTION OF INDIA 2

CONSTITUTION OF INDIA

*Article 39D - Equal pay for equal work for men and women
*Article 40 - Formation of Village Panchayat
*Article 41 - Right to work
*Article 44 - Uniform civil code for the citizens
*Article 45 - To provide early Childhood Care and education for all children until they complete the age of 14 years
*Article 46 - Promotion of educational and economic interest of SCs and STs and other weaker section
*Article 47 - Prohibition of Liquor
*Article 48 - Organisation of agriculture and animal husbandry Prohibition of slaughter of cow
*Article48A - Protection of Environment
*Article 49 - Protection of Monuments and place and object of National Importance
*Article 50 - Separation of Judiciary from the executive
*Article 51 - Promotion of International peace and security
*Article 51A - List of Fundamental Duties
*Article 52 There shall be a President of India
*Article 61 - Procedure for the Impeachment of President
*Article 63 - Vice President of India
*Article 64 - The Vice President to be ex-official Chairman of the Rajyasabha
*Article 65 - The Vice President Act as President
*Article 72 -Pardoning power of the President
*Article 74 - Council of Ministers to aid and advise the President
*Article 75 -The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister
*Article 76 - Attorney General for India
*Article 79 - Constitution of Parliament
*Article 80 - Composition of Rajyasabha (Council of States)
*Article 81 - Composition of Loksabha (House of the people)
*Article 83 - Duration of house of parliament
*Article 93 - Speaker and Deputy Speaker of Loksabha
*Article 100 - Voting in houses, power of houses to act not withstanding vacancies and quorum
*Article 108 - Join sitting of both the houses of parliament
*Article 110 - Money Bill
*Article 111 - Veto Power of President
*Article 112 - nnual financial statement (Budget)
*Article 116 - Vote on Account
*Article 123 - Ordinance making power of the President
*Article 124 - Establishment and constitution of Supreme Court
*Article 127 - Appointment of ad hoc Judges
*Article 129 - Supreme Court to be a court of Record
*Article 143- Power of President to consult Supreme Court
*Article 148- Comptroller and Auditor General of India
*Article 149 - Duties and power of the CAG
*Article 152- Exclusion of Jammu and Kashmir from the list of other states
*Article 153 - Governor of States
* Article 155 - Governor is appointed and dismissed by the President
* Article 161- Power of Governor to grand pardon
* Article 164 - The head of the state is Chief Minister
* Article 165 - Advocate General for the State
* Article 169- Deals with State Legislative Council
* Article 202 - State Budget
* Article 213- Ordinance making power of the Governor
* Article 214- High Courts for states
* Article 215- High Courts to be courts of record
* Article 226 - Power of High Courts to issue certain Writs
* Article 243 - Grama Panchayat
* Article 243 A- Grama Sabha
* Article 243 K- State Election Commission
* Article 246 - Subject matter of Laws made by Parliament and by the legislature of the state [Lists]
* Article 248- Residuary powers of legislation
* Article 262 - Adjudication of disputes relating to waters of Inter-state rivers
* Article 265 - Taxes
* Article 266 - Consolidated fund
* Article 267 - Contingency fund
* Article 280 - Finance Commission
* Article300A- Right to property
* Article 312- All India Service
* Article 315 - Public Service Commission for Union and States
* Article 316- Appointment and Terms of office of the member
* Article 320- Functions of Public Service Commission
* Article323A- Administrative Tribunal
* Article 324 - Election Commission
* Article 325 - Voters List
* Article 326 - Universal Adult Franchise
* Article 330 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha
* Article331- Reservation of Anglo Indian Community in the Lok Sabha
* Article 332 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the states.
* Article 333- Reservation of Anglo Indian community in the Legislative Assemblies of the states
* Article 338- National Commission for Scheduled Castes
* Article 338A- National Commission for Scheduled Tribes
* Article 341 - Notification of scheduled castes

NINTH SCHEDULE

*Acts and Regulations of the State Legislatures dealing with land reforms and abolition of the Zamindari system and of the Parliament dealing with other matters.
*IXth schedule was added by the first amendment act in - 1951

TENTH SCHEDULE

*Provisions relating to disqualification of the Members of Parliament and State Legislature on the ground of defection (Anti Defection law)
*10th Schedule added by the - 52nd amendment act 1985

ELEVENTH SCHEDULE

*Specifies the powers, authority and responsibilities of Panchayat (Panchayathi Raj)
*11th Schedule was added by - 73rd amendment act of 1992

TWELFTH SCHEDULE

*Specifies the powers, authority and responsibilities of Municipalities
*12th schedule was added by the 74th amendment act 1992

PARTS OF CONSTITUTION

Parts Subject Matters Articles Covered
I -Union and its Territory-1 to 4
II-Citizenship-5 to 11
III-Fundamental Rights-12 to 35
IV-Directive Principles of State Policy-36 to 51
IV-A Fundamental Duties-51A
V-The Union-52 to 151
VI-The States-152 to 237
VIII-The Union Territories- 239 to 242
IX-The Panchayats-243 to 243-O
IXA-The Municipalities-243P to 243 ZG
IXB-The Co-operative societies-243ZH to 243ZT
X-The Scheduledand Tribal Areas-244 to 244-A
XI-Relations between the Union and the States-245 to 263
XII-Finance, Property,to Contracts and sults (Right to property - 300A) -264 to300-A
XIII-Trade, commerce and inter course within the territory of India-301 to 307
XIV-Services under the Union and the States-308 to 323
XIV A-Tribunals-323A to 323B
XV-Elections-324 to 329A
XVI-Special provisions relating to SC, ST, OBC and Anglo-Indians -330 to 342
XVII-Official Languages-343 to 351
XVIII-Emergency Provisions-352 to 360
XIX-Miscellaneous-361 to 367
XX-Amendment of the Constitution-368
XXI-Temporary, Transitional and special provisions -369 to 392
XXII-Short title, date of commencement, Authoritative text in Hindi-393to395

CITIZENSHIP

*The system of citizenship was borrowed from the constitution of
Ans:United Kingdom (Britain)
*Citizenship of India is dealt with in
Ans : Part-II (Articles 5-11) of Constitution
*Parliament enacted the Citizenship Act in
Ans : 1955
*Acquisition and termination of Citizenship provided in
Ans : The Citizenship Act 1955
*The citizenship Act of 1955 prescribes five ways of acquring citizenship
a.By birth
b.By Descent
c.By Registration
d.By Naturalisation
e.By Incorporation of Territory
*The Citizenship Act 1955 prescribes three ways of losing citizenship
a.By Renunciation
b.By Termination
c.By Deprivation
*The Authority to cancel the Citizenship is vested with the
Ans : Government of India
*The Citizenship of India cannot be cancelled during the time of
Ans : War
*Some Fundamental Rights under Articles 15,16,19 and 30 are reserved only for the
Ans : Citizens of India

ARTICLES-5-11

*Article 5 - Citizenship at the commencement of the Constitution
*Article 6 - Rights of Citizenship of certain persons who have migrated to India from Pakistan
*Article 7 - Rights of Citizenship of certain migrants to Pakistan
*Article 8 - Rights of Citizenship of certain persons of Indian origin residing outside India
*Article 9 - Persons voluntarily acquiring citizenship of a foreign state not to be citizens
*Article 10 - Continuance of the rights of Citizenship
*Article 11 - Parliament to regulate the right of Citizenship by law
*The Nobel Prize & Bharat Ratna Laureate Mother Teresa got Indian Citizenship by
Ans : Naturalisation
*Sonia Gandhi got Indian Citizenship by
Ans : Registration

FUNDAMENTAL RIGHTS (ARTICLE 12 TO 35)

*The concept of Fundamental Rights has been taken from the
Ans : US Constitution (Bill of Rights)
*Fundamental Rights were finalised by a Committee of the Constituent Assembly headed by
Ans : Sardar Vallabhai Patel

PERSONS OF INDIAN ORIGIN CARD (PIO CARD)

*Persons of Indian Origin Card (PIO Card) was a form of identification issued to a Person of Indian Origin who held a passport in a country other than Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka
*On January 9, 2015, the Person of Indian Origin Card Scheme was withdrawn by the Government of India and was merged with the Overseas Citizen of India card scheme (OCI).

OVERSEAS CITIZENSHIP OF INDIA (OCI)

*It is a scheme that was introduced in response to demands for dual citizenship by the Indian Diaspora, particularly in developed countries.
*It was introduced by the The Citizenship (Amendment) Act, 2005 in August 2005.
*It was launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006.
*The concept of Fundamental Rights was put forward by the
Ans : 1931 INC Karachi Session
*1931 INC Karachi Session was headed by
Ans : Sardar Vallabhai Patel
*Part III (Article 12 to 35) of the Indian constitution deals with
Ans : The Fundamental Rights
*The Part of the Constitution known "Magnacarta of India" and the "Keystone of the Constitution"
Ans : Part III
*Fundamental rights are restricted rights
*The guardians of Fundamental rights are
Ans : The Supreme Court and the High Court
*The number of Fundamental Rights till 1978
Ans : Seven
*Right to property (Article 31) was deleted from the list of fundamental rights as per
Ans : 44th Constitutional Amendment act of 1978
*Number of Fundamental Rights at present
Ans : Six

ARITCLES RELATING TO FUNDAMENTAL RIGHTS

*Article 12 -Gives an extended significance to the term 'State'
*Article 13 -Judicial Review
*Article 14 -Equality before law (Rule of Law)
*Article 15 -Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
*Article 16 -Equality of opportunity
*Article 17 -Abolition of Untouchability
*Article 18-Abolition of titles

CONSTITUTION OF INDIA

*Article 19 -Guarantees six fundamental freedoms to all citizens
*Article 19 (a)-Freedom of speech and expression
*Article 19 (b)-To assemble peacefully and without arms
*Article 19 (c )-To form associations or unions or co-operative societies
*Article 19 (d) -To move throughout the territory of India
*Article 19 (e)-To reside and settle in any part of the territory of India
*Article 19 (f)-To practise any profession, or to carry on any occupation, trade
or business

Article 20

*Grants three kinds of protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner.
20 (a) No ex-post - facto law
*No person shall be convicted of any offence expect for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
20 (b) No double Jeopardy
*No person shall be prosecuted and punished for the same offence more than once
20 (c ) No self incrimination
*No person accused of any offence shall be compelled to be a witness against himself.
*Article 21 - Protection of life and personal liberty

ARTICLE 21A

*Deals with free and compulsory education
*Article 21A was inserted to the
Ans : 86th constitutional amendment
*86th Constitutional Amendment was passed in
Ans : 2002(93rd bill)
*As per Article 21 A, free and compulsory education should be given to the children of the age of
Ans : 6 to 14 years
*Right of Chidren to Free and Compulsory Education Act was passed by the Parliament in
Ans : August 4,2009
*Right of Children to Free and Compulsory Education Act came in to existence on
Ans : April, 2010

*Article 22 - Protection against arrest and detention in certain cases
*Article 23 - Prohibition of traffic in human beings and forced labour
*Article 24 - Prohibits employment of children below the age of 14 years (Child Labour)
*Article 25 - Freedom of conscience and free profession, practice and propagation of religion
*Article 26- Freedom to manage religious affairs
*Article 27 - Freedom as to payment of taxes for promotion of a particular religion
*Article 28 - Freedom as to attendance of religious worship in certain educational institutions
*Article 30 - Right of minorities to establish and administer educational institutions
*Article 32 - Provides the right to constitutional remedies for the enforcement of the fundamental rights by the Supreme Court
*Article 14 to 18 - Right to Equality
*Article 19 to 22 - Right to Freedom
*Article 23 to 24 - Right against exploitation
*Article 25 to 28 - Right to freedom of Religion
*Article 29 to 30 - Cultural and Educational Rights
*Article 32 - Right to constitutional remedies

*The foundation of fundamental rights
Ans:Article 21
*Freedom of press
Ans:Article 19 (1) (a)
*Article meant for minorities
Ans:Article 29,Article 30

WRITS

*Orders issued by the courts for the enforcement of Fundamental Rights are called
Ans : Writs
*The idea of writ is taken from Britain
*The Supreme Court and the High Court
ensure Fundamental Rights by issuing
Ans : Writs
*If a Person's Fundamental Rights is violated, he can approach the Supreme Court under
Ans : Article 32
*If a Person's Fundamental Rights is violated, he can approach the High Court under
Ans : Article 226

TYPES OF WRIT

MEANING/KEYWORDS

PURPOSE OF ISSUE

*Habeas Corpus- "You may have the body" To release a person who has been detained unlawfully whether in prison or in Private custody
"To have the body"
"To produce the body"
*Mandamus- "We command"- Command issued by the court to a public official asking him to perform his duties that he has failed or refused to perform
*Quo- Warranto- "by what authority? -To restrain a person from holding a public office "by what warrants?" which he is not entitled

*Prohibition- Stay order' - To prohibit a lower court from continuing the proceedings in a particular case where it has no jurisdiction to try
*Certiorari -'to be certified' - To suppress the order released by the lower 'to be informed' court, tribunal or public authority

*The writ known as the protector of personal freedom
Ans : Habeaus Corpus
*The writ which cannot be issued against a private individual
Ans : Mandamus
*The writ which can be Issued only against judicial and quasi judicial authorities
Ans : Prohibition

DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLE 36 TO 51)

*Directive Principles of State Policy is included in
Ans : Part IV
It can't be enforceable by any court
*Directive Principles are taken from the constitution of
Ans : Ireland
*Directive Principles are influenced by Universal Declaration of Human rights on
Ans : December 10- 1948
*The idea of Directive Principles of State Policy is taken from
Ans : Irish constitution
*The person who called the Directive Principles of State Policy as 'novel features of the Indian Constitution'
Ans : Dr.B.R.Ambedkar
*Main objective of Directive Principles of State Policy
Ans : Establishment of Welfare state
*It deals with economic, social and cultural rights
*Directive Principles are not justiciable in nature

DIRECTIVE PRINCIPLES IS BASED ON THREE PRINCIPLES

*Socialistic Principles
*Gandhian Principles
*Liberal Intellectual Principles

IMPORTANT ARTICLES OF DIRECTIVE PRINCIPLES OF

*Article 36 - Definition of Directive Principles
*Article 37 - Not enforceable by any court
*Article 39A - Equal justice and free legal aid to the poor
*Article 39(d) - Equal pay for equal work for men and women
*Article 40-Organisation of village Panchayat
*Article 41-Right to work, education and public assistance in certain cases
*Article 44-Uniform Civil code
*Article 45-Early childhood care and education for all children upto the age of 6 years
*Article 47-Prohibition of liquor
*Article 48-Prohibition of Slaughter of cows
*Article 48 A-Protection of environment
*Article 49-To protect historical monuments
*Article 50-Separation of Judiciary from the Executive
*Article 51-International peace and security

DIRECTIVE PRINCIPLES OF STATE POLICY IS ALSO MENTIONED IN OTHER PARTS OF CONSTITUTION

*Article 350 - Provide primary education in mothertongue to minority class
*Article 351- Duty of Union to spread Hindi language
*Article 355- Protect every state against external aggression & internal disturbance

THE ARTICLES OF DIRECTIVE PRINCIPLES OF STATE POLICY IMPLEMENTED BY INDIAN STATES

*Gujarat -Article 47 (Prohibition of liquor)
*Gujarat -Article 48 (Prohibiting the slaughter of cows)
*Goa - Article 44 (Only state where uniform civil code is implemented)

FUNDMENTAL DUTIES (ARTICLE 51 A)

*Fundamental duties are taken from
Ans : USSR Constitution
*There was no list of Fundamental duties in the Original Constitution
*The fundamental duties are contained in
Ans : Article - 51-A (Part IV)
*A list of 10 fundamental duties were inserted in the constitution by
Ansm : 42nd Amendment
*The 42nd Amendment was passed in the year
Ans : 1976
*Part - IV-A and article 51-A were added to the constitution by the
Ans : 42nd Amendment
*Part - IV-A and article 51-A deals with Fundamental duties
*Fundamental duties were added on the recommendation of
Ans : Swaran Singh committee
*The number of Fundamental duties at present
Ans : 11
*11th Fundamental Duty was inserted in the constitution by the
Ans : 86th amendment Act of 2002
*Fundamental duties are non-justiciable in nature (These are enforceable by law)

LIST OF FUNDAMENTAL DUTIES (ARTICLE 51-A,PART IV-A)

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 composition culture
7.To protect and improve the natural environment including forests, lakes, rivers and wild life; and to have compassion for living creatures
8.To develop the scientific temper, humanism and the spirit of inquiry I 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 endeavour and achievement
11.It shall be the duty of every citizen of India who is a parent or guardian, to provide opportunities for education to his child or ward between the age of six and fourteen years

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