Polity M.Laxmikant 6th Revised Edition

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CONTENT
CHAPTER: 1 - HISTORICAL BACKGROUND........................................................................................................ 4
CHAPTER: 2 - MAKING OF THE INDIAN CONSTITUTION............................................................................... 8
CHAPTER: 3 - FEATURE OF THE CONSTITUTION .......................................................................................... 11
CHAPTER: 4 - PREAMBLE OF THE CONSTITUTION ....................................................................................... 13
CHAPTER: 5 - UNION AND ITS TERRITORY ...................................................................................................... 15
CHAPTER: 6 - CITIZENSHIP ................................................................................................................................... 17
CHAPTER: 7 - FUNDAMENTAL RIGHTS ............................................................................................................. 19
CHAPTER: 8 - DIRECTIVE PRINCIPLES OF OUR STATE POLICY: PART IV (ARTICLES 36-51) .......... 25
CHAPTER: 9 - FUNDAMENTAL DUTIES .............................................................................................................. 27
CHAPTER: 10 - AMENDMENT OF THE CONSTITUTION ................................................................................ 29
CHAPTER: 11 - BASIC STRUCTURE OF THE CONSTITUTION...................................................................... 30
CHAPTER: 12 - PARLIAMENTARY SYSTEM ...................................................................................................... 31
CHAPTER: 13 - FEDERAL SYSTEM ....................................................................................................................... 33
CHAPTER: 14 - CENTRE–STATE RELATIONS ................................................................................................... 36
CHAPTER: 15 - INTER STATE RELATIONS ........................................................................................................ 41
CHAPTER: 16 - EMERGENCY PROVISIONS ....................................................................................................... 43
CHAPTER: 17 - PRESIDENT..................................................................................................................................... 45
CHAPTER: 18 - VICE-PRESIDENT ......................................................................................................................... 48
CHAPTER: 19 - PRIME MINISTER ......................................................................................................................... 49
CHAPTER: 20 - CENTRAL COUNCIL OF MINISTERS ...................................................................................... 50
CHAPTER: 21 - CABINET COMMITTEE............................................................................................................... 52
CHAPTER: 22 - PARLIAMENT ................................................................................................................................ 53
CHAPTER: 23 - PARLIAMENTARY COMMITTEES........................................................................................... 62
CHAPTER: 24 - PARLIAMENTARY FORUMS ..................................................................................................... 64
CHAPTER: 25 - PARLIAMENTARY GROUP ........................................................................................................ 65
CHAPTER: 26 - SUPREME COURT ........................................................................................................................ 66
CHAPTER: 27 - JUDICIAL REVIEW....................................................................................................................... 70
CHAPTER: 28 - JUDICIAL ACTIVISM ................................................................................................................... 72

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CHAPTER: 29 - PUBLIC INTEREST LITIGATION.............................................................................................. 74
CHAPTER: 30 - GOVERNOR .................................................................................................................................... 76
CHAPTER: 31 - CHIEF MINISTER.......................................................................................................................... 80
CHAPTER: 32 - STATE COUNCIL OF MINISTERS............................................................................................. 81
CHAPTER: 33 - STATE LEGISLATURE................................................................................................................. 82
CHAPTER: 34 - HIGH COURT ................................................................................................................................. 87
CHAPTER: 35 - TRIBUNALS .................................................................................................................................... 90
CHAPTER: 36 - SUBORDINATE COURTS ............................................................................................................ 91
CHAPTER: 37 - SPECIAL PROVISIONS FOR SOME STATES .......................................................................... 93
CHAPTER: 38 - PANCHAYATI RAJ........................................................................................................................ 95
CHAPTER: 39 - MUNICIPALITIES ......................................................................................................................... 99
CHAPTER: 40 - UNION TERRITORIES ............................................................................................................... 102
CHAPTER: 41 - SCHEDULED AND TRIBAL AREAS ........................................................................................ 104
CHAPTER: 42 - ELECTION COMMISSION ........................................................................................................ 105

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CHAPTER: 43 - UNION PUBLIC SERVICE COMMISSION ............................................................................. 106
CHAPTER: 44 - STATE PUBLIC SERVICE COMMISSION.............................................................................. 107
CHAPTER: 45 - FINANCE COMMISSION ........................................................................................................... 108
CHAPTER: 46 - GOODS AND SERVICES TAX COUNCIL ............................................................................... 109
CHAPTER: 47 - NATIONAL COMMISSION FOR SCS ...................................................................................... 110
CHAPTER: 48 - NATIONAL COMMISSION FOR STS ...................................................................................... 111
CHAPTER: 49 - NATIONAL COMMISSION FOR BCS ...................................................................................... 112
CHAPTER: 50 - SPECIAL OFFICER FOR LINGUISTIC MINORITIES ......................................................... 113
CHAPTER: 51 - COMPTROLLER AND AUDITOR GENERAL OF INDIA .................................................... 114
CHAPTER: 52 - ATTORNEY GENERAL OF INDIA ........................................................................................... 116
CHAPTER: 53 - ADVOCATE GENERAL OF THE STATE ................................................................................ 117
CHAPTER: 54 - NITI AAYOG ................................................................................................................................. 118
CHAPTER: 55 - NATIONAL HUMAN RIGHTS COMMISSION (NHRC)........................................................ 120
CHAPTER: 56 - STATE HUMAN RIGHTS COMMISSION ............................................................................... 122
CHAPTER: 57 - CENTRAL INFORMATION COMMISSION ........................................................................... 123
CHAPTER: 58 - STATE INFORMATION COMMISSION.................................................................................. 124
CHAPTER: 59 - CENTRAL VIGILANCE COMMISSION .................................................................................. 125
CHAPTER: 60 - CENTRAL BUREAU OF INVESTIGATION (CBI) ................................................................. 126
CHAPTER: 61 - LOKPAL AND LOKAYUKTA .................................................................................................... 128
CHAPTER: 62 - NATIONAL INVESTIGATION AGENCY ................................................................................ 131
CHAPTER: 63 - NATIONAL DISASTER MANAGEMENT AUTHORITY (NDMA) ...................................... 133
CHAPTER: 64 - CO-OPERATIVE SOCIETIES .................................................................................................... 135
CHAPTER: 65 - OFFICIAL LANGUAGE .............................................................................................................. 136
CHAPTER: 66 - PUBLIC SERVICES ..................................................................................................................... 137
CHAPTER: 67 - RIGHTS AND LIABILITIES OF THE GOVERNMENT ........................................................ 138
CHAPTER: 68 - SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES ........................................... 139
CHAPTER: 69 - POLITICAL PARTIES ................................................................................................................. 140
CHAPTER: 70 - ROLE OF REGIONAL PARTIES............................................................................................... 141
CHAPTER: 71 - ELECTIONS .................................................................................................................................. 143

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CHAPTER: 72 - ELECTION LAWS........................................................................................................................ 145
CHAPTER: 73 - ELECTORAL REFORMS ........................................................................................................... 147
CHAPTER: 74 - VOTING BEHAVIOUR................................................................................................................ 149
CHAPTER: 75 - COALITION GOVERNMENT .................................................................................................... 150
CHAPTER: 76 - ANTI-DEFECTION LAW ............................................................................................................ 151
CHAPTER: 77 - PRESSURE GROUPS ................................................................................................................... 153
CHAPTER: 78 - NATIONAL INTEGRATION ...................................................................................................... 154
CHAPTER: 79 - FOREIGN POLICY ...................................................................................................................... 155
CHAPTER: 80 - NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION. 157
PRELIMS PREVIOUS YEAR PAPER .................................................................................................................... 166
MAINS PREVIOUS YEAR PAPER ......................................................................................................................... 173
ARTICLES OF THE CONSTITUTION (1–395)..................................................................................................... 177

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CHAPTER: 1 - HISTORICAL BACKGROUND
 The British came to India in 1600 as traders, were to be tried according to the Hindu law
in the form of East India Company. In 1765, and Muslims were to be tried according to
the Company, which till now had purely the Mohammedan law.
trading functions obtained the ‘diwani’ (i.e.,  It laid down that the appeals from the
rights over revenue and civil justice) of Provincial Courts could be taken to the
Bengal, Bihar and Orissa. Governor-General-in-Council and not to the
Supreme Court.
 In 1858, in the wake of the ‘sepoy mutiny’,
 It empowered the Governor-General-in
the British Crown assumed direct
Council to frame regulations for the
responsibility for the governance of India.
Provincial Courts and Councils.
This rule continued until India was granted
Pitt’s India Act of 1784
independence on August 15, 1947.
 Distinguished between commercial and
THE COMPANY RULE (1773-1858) political functions of the company.
Regulating Act of 1773  Court of Directors for Commercial functions
 The first step was taken by the British and Board of Control for political affairs.
Parliament to control and regulate the affairs  Reduced the strength of the Governor
of the East India Company in India. General’s council to three members.
 It designated the Governor of Bengal (Fort  Placed the Indian affairs under the
William) as the Governor-General (of direct control of the British Government.
Bengal).  The company’s territories in India were
 Warren Hastings became the first Governor- called “the British possession in India”.
General of Bengal.  Governor’s councils were established in
 Executive Council of the Governor-General Madras and Bombay.
was established (Four members). There was Act of 1786
no separate legislative council.  In 1786, Lord Cornwallis was appointed as
 It subordinated the Governors of Bombay the Governor-General of Bengal. He placed
and Madras to the Governor-General of two demands to accept that post, viz.,
Bengal. 1. He should be given power to override
 The Supreme Court was established at the decision of his council in special
Fort William (Calcutta) in 1774. cases.
 It prohibited servants of the company from 2. He would also be the Commander-in-
engaging in any private trade or accepting Chief.
bribes from the natives. Charter Act of 1793
 It extended the overriding power given to
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Amending Act of 1781
 In a bid to rectify the defects of the Lord Cornwallis over his council, to all
Regulating Act of 1773, the British future Governor-Generals and Governors of
Parliament passed the Amending Act of Presidencies.
1781, also known as the Act of Settlement.  It gave the Governor-General more powers
 It exempted the Governor-General and the and control over the governments of the
Council from the jurisdiction of the Supreme subordinate Presidencies of Bombay and
Court for the acts done by them in their Madras.
official capacity.  It extended the trade monopoly of the
 It excluded the revenue matters and the Company in India for another period of
matters arising in the collection of revenue twenty years.
from the jurisdiction of the Supreme Court.  It provided that the Commander-in-Chief
 It provided that the Supreme Court was to was not to a member of the Governor-
have jurisdiction over all the inhabitants of General council, unless he was so appointed.
Culcutta.  It laid down that the members of the Board
 It also required the court to administer the of Control and their staff were, henceforth, to
personal law of the defendants i.e., Hindus be paid out of the Indian revenues.

4
Lord Warren Hastings created the office of 10. Asaf Ali Railways & Transport
District Collector in 1772, but judicial 11. C. Rajagopalachari Education & Arts
powers were separated from District 12. I.I. Chundrigar Commerce
13. Ghaznafar Ali Khan Health
collector later by Cornwallis.
14. Joginder Nath Mandal Law
 The development of portfolio system and
budget points to the separation of power. First Cabinet of Free India (1947)
 Lord Mayo’s resolution on financial No. Member
decentralization visualized the development 1. Jawaharlal Nehru Prime Minister;
of local self-government institutions in India External Affairs &
(1870). Commonwealth
 1882: Lord Ripon’s resolution was hailed as Relations; Scientific
Research
the ‘Magna Carta’ of local self-government.
2. Sardar Vallabhbhai Home, Information &
He is regarded as the ‘Father of local self- Patel Broadcasting; States
government in India’. 3. Dr. Rajendra Prasad Food & Agriculture
 1921: Railway Budget was separated from 4. Maulana Abul Kalam Education
the General Budget. Azad
 From 1773 to 1858, the British tried for the 5. Dr. John Mathai Railways & Transport
centralization of power. It was from the 6. R.K. Shanmugham Finance
Chetty
1861 Councils act they shifted towards
7. Dr. B.R. Ambedkar Law
devolution of power with provinces.
8. Jagjivan Ram Labour
 1833 Charter act was the most important act 9. Sardar Baldev Singh Defence
before the act of 1909. 10. Raj Kumari Amrit Health
 Till 1947, the Government of India Kaur
functioned under the provisions of the 1919 11. C.H. Bhabha Commerce
Act only. The provisions of 1935 Act relating 12. Rafi Ahmed Kidwai Communication
to Federation and Dyarchy were never 13. Dr. Shayama Prasad Industries & Supplies
Mukherji
implemented.
14. V.N. Gadgil Works, Mines &
 The Executive Council provided by the 1919
Power
Act continued to advise the Viceroy till 1947.
The modern executive (Council of Ministers)
owes its legacy to the executive council.
 The Legislative Council and Assembly
developed into Rajyasabha and Loksabha
after independence.

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Interim Government (1946)
No. Members Portfolios Held
1. Jawaharlal Nehru Vice-President of the
Council; External
Affairs &
Commonwealth
Relations
2. Sardar Vallabhbhai Home, Information &
Patel Broadcasting
3. Dr. Rajendra Prasad Food & Agriculture
4. Dr. John Mathai Industries & Supplies
5. Jagjivan Ram Labour
6. Sardar Baldev Singh Defence
7. C.H. Bhabha Works, Mines &
Power
8. Liaquat Ali Khan Finance
9. Abdur Rab Nishtar Posts & Air

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CHAPTER: 2 - MAKING OF THE INDIAN CONSTITUTION
 It was M.N Roy who proposed the idea of an to become the Preamble of the constitution in
independent constituent assembly for India in slightly modified form. The resolution was
1934. unanimously adopted on 22nd January 1947.
 The constituent assembly was formed as per  The Constituent Assembly ratified India’s
the guidelines suggested by the Cabinet membership of the commonwealth in May
Mission Plan, 1946. The mission was 1949. Also, it adopted National Song and
headed by Pethick Lawrence and included National Anthem on 24th January 1950.
two other members apart from him Adopted the National Flag on 22nd July 1947.
– Stafford Cripps and A.V Alexander.  The assembly met for 11 sessions, took 2
 The total strength of the Constituent years, 11 months and 18 days to frame up
Assembly was to be 389. Of these, 296 seats the final draft, sat for 141 days in total and
were to be allotted to British India and 93 the draft constitution was considered for 114
seats to the Princely States. Out of 296 seats days. Total amount incurred was around
allotted to the British India, 292 members rupees 64 lakhs.
were to be drawn from the eleven governors’  The assembly had 15 women members which
provinces and four from the four chief were reduced to 9 after partition.
commissioners’ provinces, one from each.  Some important committees of the
 Seats allocated to each British province were constituent assembly along with their
to be divided among the three principal respective chairpersons are as follows:
communities—Muslims, Sikhs and general 1. The following were the members of the
(all except Muslims and Sikhs), in proportion Drafting Committee- Dr. B.R
to their population. Ambedkar (Chairman), Alladi
 The elections to the Constituent Assembly Krishnaswamy Ayyar, Dr. K.M
(for 296 seats allotted to the British Indian Munshi, N. Gopalaswamy Ayyangar,
Provinces) were held in July–August 1946. Syed Mohammad Saadullah, N
The Indian National Congress won 208 Madhava Rau, TT Krishnamachari.
seats, the Muslim League 73 seats, and the 2. The final draft of the constitution was
small groups and independents got the adopted on 26th November 1949 and it
remaining 15 seats. However, the 93 seats contained 8 schedules, 22 parts, and
allotted to the princely states were not filled 395 articles.
as they decided to stay away from the COMMITTEES OF THE CONSTITUENT
Constituent Assembly. ASSEMBLY

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 The elections to form the assembly took Major Committees
place in July-August 1946 and the process 1. Union Powers Committee - Jawaharlal Nehru
was completed by November 1946. The first 2. Union Constitution Committee -Jawaharlal
meeting of the assembly took place Nehru
on 9th December 1946 and was attended 3. Provincial Constitution Committee -Sardar
by 211 members. Patel
 Dr. Sachhidanand Sinha became the 4. Drafting Committee - Dr. B.R. Ambedkar
temporary President of the assembly 5. Advisory Committee on Fundamental Rights,
following the French practice. Minorities and Tribal and Excluded Areas -
 On 11th December 1946, Dr. Rajendra Sardar Patel.
Prasad and H.C Mukherji were elected as 6. Rules of Procedure Committee - Dr.
President and Vice-President respectively. Rajendra Prasad
 Sir B.N Rau was appointed as the 7. States Committee (Committee for
constitutional advisor to the assembly. Negotiating with States) - Jawaharlal Nehru
 On 13th December 1946, Pt. Nehru moved 8. Steering Committee - Dr. Rajendra Prasad
the Objectives resolution which later went on Minor Committees

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before such publication should be 10.Independents 8
incorporated in it. Total 296
2. The translation in Hindi of every
amendment of the constitution made in Community-wise Representation in the
English. Constituent Assembly (1946)
 The translation of the Constitution and its S.No. Community Strength
every amendment published shall be 1.Hindus 163
construed to have the same meaning as the 2.Muslims 80
original text in English. 3.Scheduled Castes 31
 The translation of the Constitution and its 4.Indian Christians 6
every amendment published shall be deemed 5.Backward Tribes 6
to be, for all purposes, its authoritative text in 6. Sikhs 4
Hindi. 7.Anglo-Indians 3
8.Parsees 3
Allocation of seats in the Constituent Assembly of
Total 296
India (1946)
Sl.No. Areas Seats
Sessions of the Constituent Assembly at a Glance
1.British Indian Provinces (11) 292
Sessions Period
2.Princely States (Indian States) 93 First Session December 9–23, 1946
3.Chief Commissioners’ Provinces (4) 4 Second Session January 20–25, 1947
Third Session April 28-May 2, 1947
Total 389
Fourth Session July 14–31, 1947
Fifth Session August 14–30, 1947
Results of the Elections to the Constituent Sixth Session January 27, 1948
Assembly (July–August 1946) Seventh Session November 4, 1948-January
Sl.No. Name of the Party Seats won 8, 1949
Eighth Session May 16-June 16, 1949
1.Congress 208
Ninth Session July 30-September 18, 1949
2.Muslim League 73
Tenth Session October 6–17, 1949
3.Unionist Party 1
Eleventh November 14–26, 1949
4.Unionist Muslims 1
Session
5.Unionist Scheduled Castes 1
6.Krishak - Praja Party 1
7.Scheduled Castes Federation 1
8.Sikhs (Non-Congress) 1
9.Communist Party 1

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CHAPTER: 4 - PREAMBLE OF THE CONSTITUTION
 The American Constitution was the first to ‘Democratic socialism aims to end poverty,
begin with a Preamble. The Preamble to the ignorance, disease and inequality of
Indian Constitution is based on the opportunity.
‘Objectives Resolution’, drafted and moved Secular
by Pandit Nehru, and adopted by the  The term ‘secular’ too was added by the
Constituent Assembly. 42nd Constitutional Amendment Act of
 It has been amended by the 42nd 1976. However, as the Supreme Court said in
Constitutional Amendment Act (1976), 1974, although the words ‘secular state’
which added three new words —socialist, were not expressly mentioned in the
secular and integrity. Constitution, there can be no doubt that
TEXT OF THE PREAMBLE Constitution-makers wanted to establish such
The Preamble in its present form reads: a state and accordingly Articles 25 to 28
(guaranteeing the fundamental right to
freedom of religion) have been included in
“We, THE PEOPLE OF INDIA, having solemnly the constitution.
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC  The Indian Constitution all religions in our
REPUBLIC and to secure to all its citizens: country have the same status and support
JUSTICE, Social, Economic and Political; from the state.
LIBERTY of thought, expression, belief, faith and Democratic
worship;
 A democratic polity, as stipulated in the
EQUALITY of status and of opportunity; and to
promote among them all; Preamble, is based on the doctrine of popular
FRATERNITY assuring the dignity of the sovereignty, that is, possession of supreme
individual and the unity and integrity of the Nation; power by the people.
IN OUR CONSTITUENT ASSEMBLY this  Democracy is of two types—direct and
twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES indirect. In direct democracy, the people
THIS CONSTITUTION”. exercise their supreme power directly as is
the case in Switzerland. There are four
devices of direct democracy, namely,
KEY WORDS IN THE PREAMBLE Referendum, Initiative, Recall and
Certain key words—Sovereign, Socialist, Secular, Plebiscite.
Democratic, Republic, Justice, Liberty, Equality  In indirect democracy, on the other hand, the
and Fraternity—are explained as follows: representatives elected by the people exercise

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Sovereign the supreme power and thus carry on the
 The word ‘sovereign’ implies that India is government and make the laws. This type of
neither a dependency nor a dominion of democracy, also known as representative
any other nation, but an independent state. democracy, is of two kinds—parliamentary
 There is no authority above it, and it is free and presidential.
to conduct its own affairs (both internal and  The term ‘democratic’ is used in the
external). Preamble in the broader sense embracing not
Socialist only political democracy but also social and
 Even before the term was added by the 42nd economic democracy.
Amendment in 1976, the Constitution had a Republic
socialist content in the form of certain  The term ‘republic’ in our Preamble indicates
Directive Principles of State Policy. that India has an elected head called the
 Democratic socialism, on the other hand, president. He is elected indirectly for a fixed
holds faith in a ‘mixed economy’ where both period of five years.
public and private sectors co-exist side by  A republic also means two more things:
side. As the Supreme Court says, one, vesting of political sovereignty in the

13
CHAPTER: 5 - UNION AND ITS TERRITORY
 Articles 1 to 4 under Part - I of the  The 100th Constitutional Amendment Act
Constitution deal with the Union and its (2015) was enacted to give effect to the
territory. acquiring of certain territories by India and
UNION OF STATE transfer of certain other territories to
ARTICLE: 1 - Name and Territory of the Union Bangladesh in pursuance of the agreement
1. India, that is Bharat, shall be a Union of and its protocol entered into between the
States. Governments of India and Bangladesh.
2. The States and the territories thereof shall be Under this deal, India transferred 111
as specified in the First Schedule. enclaves to Bangladesh, while Bangladesh
3. The territory of India shall comprise – transferred 51 enclaves to India.
 the territories of the States;  In addition, the deal also involved the

 the Union territories specified in the transfer of adverse possessions and the
First Schedule; and demarcation of a 6.1 km undemarcated
border stretch. For these three purposes, the
 Such other territories as may be
amendment modified the provisions relating
acquired.
to the territories of four states (Assam, West
ARTICLE: 2
Bengal, Meghalaya and Tripura) in the First
 Admission or Establishment of New States.
Schedule of the Constitution.
 Parliament may by law admit into the Union,
or establish, new States on such terms and EVOLUTION OF STATES AND UNION
TERRITORIES
conditions as it thinks fit.
Dhar Commission and JVP Committee
PARLIAMENT’S POWER TO REORGANISE There has been a demand from different regions,
THE STATES particularly South India, for reorganisation of states
ARTICLE: 3 - Formation of New States and on linguistic basis.
Alteration of Areas, Boundaries or Names of  Accordingly, in June 1948, the Government
Existing State. of India appointed the Linguistic Provinces
Article 3 authorises Parliament to – Commission under the chairmanship of S K
 Form a new State by separation of territory Dhar to examine the feasibility of this.
from any State or by uniting two or more  The commission submitted its report in
States or parts of States or by uniting any December 1948 and recommended the
territory to a part of any State; reorganisation of states on the basis of
 Increase the area of any State, administrative convenience rather than
 Diminish the area of any State, linguistic factor. This created much

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 Alter the boundaries of any State; resentment and led to the appointment of
 Alter the name of any State. another Linguistic Provinces Committee by
ARTICLE 4: the Congress in December 1948 itself to
 Declares that laws made for admission or examine the whole question afresh. It
establishment of new states (under Article 2) consisted of Jawaharlal Nehru, Vallahbhai
and formation of new states and alteration of Patel and Pattabhi Sitaramayya and hence,
areas, boundaries or names of existing states was popularly known as JVP Committee.
(under Articles 3) are not to be considered as  It submitted it report in April 1949 and
amendments of the Constitution under formally rejected language as the basis for
Article 368. reorganisation of states. However, in October
 The Supreme Court held that the power of 1953, the Government of India was forced to
Parliament to diminish the area of a state create the first linguistic state, known as
(under Article 3). Andhra state.
EXCHANGE OF TERRITORIES WITH Fazl Ali Commission
BANGLADESH The creation of Andhra state intensified the
demand from other regions for creation of states on
15
linguistic basis. This forced the Government of Schedule 10 repealed,
India to appoint (in December 1953) a three- Article 371F added(after
Referendum)
member States. Reorganisation Commission History: Till 1947, a
under the chairmanship of Fazl Ali to re-examine princely state ruled by
the whole question. Its other two members were K Chogyal Protectorate in
M Panikkar and H N Kunzru. It identified four 1947
35th CA 1974 made
major factors - Sikkim an associate state,
 Preservation and strengthening of the unity Added Article 2 A &
and security of the country. Schedule 10(terms of
Association)
 Linguistic and cultural homogeneity.
1987 Mizoram & From UT to State via
 Financial, economic and administrative Arunachal 1986: Mizo Peace Accord
considerations. Pradesh - GOI and Mizo National
 Planning and promotion of the welfare of the Front
2000 Chhattisgarh, From MP, Bihar and UP
people in each state as well as of the nation Jharkhand & respectively
as a whole. Uttarakhand
YEAR STATE/UT’S DETAILS 2014 Telangana From Andhra Pradesh
1953 Andhra Pradesh Out of Madras; 1ST 2019 Jammu & The union territory of
Linguistic State Kashmir and Jammu and Kashmir
1954 Daman & Diu Occupied from Ladakh comprises all the districts
Portugese,10th CA 1961: of the erstwhile State of
UT Jammu and Kashmir
1954 Puducherry Occupied from French, except the Kargil and Leh
14th CA 1962: UT, Name districts which have gone
Change:2006 to the union territory of
1960 Maharashtra & Bombay Divided Ladakh.
Gujarat NAME CHANGE
1961 Goa, Daman & Acquired from Portuguese YEAR STATE/UT NAME CHANGED TO
Diu with police action; 1950 United Uttar Pradesh
12th CA 1962: UTs Province
1987: Statehood to Goa 1969 Madras Tamil Nadu
1963 Nagaland Naga Hills and Tuensang 1973 Mysore Karnataka
Carved out of Assam
1973 Laccadive Lakshadweep Islands
1966 Haryana & Carved out of Punjab, on
Minicoy and
Chandigarh recommendation of the
Amindivi
Shah Commission (1966);
demand for Sikh Islands
Homeland by Akali Dal, 1992 Delhi National Capital
led by Master Tara Singh Territory of Delhi (69th
CA 1991)

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1971 Himachal Statehood (18th state of
Pradesh Indian Union) 2006 Uttaranchal Uttarakhand
1972 Meghalaya, Statehood 2006 Pondicherry Puducherry
Manipur & 2011 Orissa Odisha
Tripura
1975 Sikkim 36th CA 1975: Full
statehood, Article 2A and

16
CHAPTER: 15 - INTER STATE RELATIONS
The Constitution makes the following provisions 5. Cauvery Water 1990 Karnataka, Kerala,
with regard to inter-state comity: Disputes Tamil Nadu and
1. Adjudication of inter-state water disputes. Tribunal Puducherry
2. Coordination through inter-state councils. 6. Krishna Water 2004 Maharashtra,
3. Mutual recognition of public acts, records Disputes Karnataka and
Tribunal-II Andhra Pradesh
and judicial proceedings.
7. Vansadhara 2010 Odisha and Andhra
4. Freedom of inter-state trade, commerce and
Water Disputes Pradesh
intercourse. Tribunal
INTER-STATE WATER DISPUTES 8. Mahadayi Water 2010 Goa, Karnataka and
 Article 262 of the Constitution provides for Disputes Maharashtra
the adjudication of inter-state water disputes. Tribunal
It makes two provisions: 9. Mahanadi Water 2018 Odisha and
o Parliament may by law provide for the Disputes Chhattisgarh
adjudication of any dispute or Tribunal
complaint with respect to the use,
INTER-STATE COUNCILS
distribution and control of waters of
any inter-state river and river valley.  Article 263 contemplates the establishment

o Parliament may also provide that of an Inter-State Council to effect


neither the Supreme Court nor any coordination between the states and between
other court is to exercise jurisdiction in Centre and states. Thus, the President can
respect of any such dispute or establish such a council.
complaint.  He can define the nature of duties to be

 Under this provision, the Parliament has performed by such a council and its
enacted two laws [the River boards Act organisation and procedure.
(1956) and the Inter-State Water Disputes Establishment of Inter-State Council
Act (1956)].  The Sarkaria Commission on Centre-State

 So far (2019), the Central government has set Relations (1983–87) made a strong case for
up nine inter-state water dispute tribunals. the establishment of a permanent Inter-State
The name of the tribunals, the years in which Council under Article 263 of the
they were constituted and the states involved Constitution. In pursuance of the above
in the dispute. recommendations of the Sarkaria
Inter-State Water Dispute Tribunals Set-up So Commission, the Janata Dal Government
Far headed by V. P. Singh established the
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SI. Name Set- States Involved Interstate Council in 1990.5 It consists of the
No. up following members:
1. Krishna Water 1969 Maharashtra, o Prime minister as the Chairman
Disputes Karnataka and o Chief ministers of all the states
Tribunal-I Andhra Pradesh o Chief ministers of union territories
2. Godavari Water 1969 Maharashtra,
having legislative assemblies
Disputes Karnataka, Andhra
o Administrators of union territories not
Tribunal Pradesh, Madhya
Pradesh and Odisha
having legislative assemblies
Narmada Water 1969 Rajasthan, Gujarat, o Governors of States under President’s
3.
Disputes Madhya Pradesh and rule
Tribunal Maharashtra o Six Central cabinet ministers, including
4. Ravi and Beas 1986 Punjab, Haryana and the home minister, to be nominated by
Water Disputes Rajasthan the Prime Minister.
Tribunal  The Council may meet at least thrice in a
year. Its meetings are held in camera and all
questions are decided by consensus.
41
CHAPTER: 22 - PARLIAMENT

Articles 79 to 122 in Part V of the Qualification: - The Constitution lays down the
Constitution deal with the organisation, following qualifications for a person to be chosen a
composition, duration, officers, procedures, member of the Parliament:
privileges, powers and so on of the  He must be a citizen of India.
Parliament.  He must make and subscribe to an oath or
affirmation before the person authorised by
ORGANISATION OF PARLIAMENT
the election commission for this purpose.
 Under the Constitution, the Parliament of
 He must be not less than 30 years of age in
India consists of three parts viz, the
the case of the Rajya Sabha and not less than
President, the Council of States and the
25 years of age in the case of the Lok Sabha.
House of the People. In 1954, the Hindi
 He must possess other qualifications
names ‘Rajya Sabha’ and ‘Lok Sabha’ were
prescribed by Parliament.
adopted by the Council of States and the
House of People respectively. The Rajya Disqualifications
Sabha is the Upper House (Second Chamber  If the holds any office of profit under the
or House of Elders) and the Lok Sabha is the Union or state government (except that of a
Lower House (First Chamber or Popular minister or any other office exempted by
House). Parliament).
 President of India is not a member of either  If he is of unsound mind and stands so
House of Parliament and does not sit in the declared by a court.
Parliament to attend its meetings, he is an  If he is an undischarged insolvent.
integral part of the Parliament. This is  if he is not a citizen of India or has
because a bill passed by both the Houses of voluntarily acquired the citizenship of a
Parliament cannot become law without the foreign state or is under any
President’s assent. acknowledgement of allegiance to a foreign
COMPOSITION state; and
 If he is so disqualified under any law made
PARLIAMENT by Parliament.
Vacating of Seats
Rajya Sabha 245 Lok Sabha 545
(Max 250) (Max 552) 1. Double Membership: A person cannot be a
member of both Houses of Parliament at the
4
229 (Max (Elected 12 (Max 12) 530 2 (Max 2) same time.
238) Indirectl 13 (Max
Nominate (Max Anglo- 2. Disqualification: Disqualification on the
Represen y) President 20
530 Indian
Represe

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t the Represe of special Represe
nt the
nominate grounds of defection under the provisions of
States nt the knowledge nt the d by the
UT)
UT and States) President. the Tenth Schedule of the Constitution.
experience.
3. Resignation: A member may resign his seat
by writing to the Chairman of Rajya Sabha or
DURATION
Speaker of Lok Sabha, as the case may be.
 Lok Sabha: - the President is authorised to The seat falls vacant when the resignation is
dissolve the Lok Sabha at any time even accepted.
before the completion of 5 years and this 4. Absence: A House can declare the seat of a
cannot be challenged in a court of law. member vacant if he is absent from all its
 Rajya Sabha: - one-third of its members meetings for a period of sixty days without
retire every second year. Their seats are filled its permission.
up by fresh elections and presidential Salaries and Allowances
nominations at the beginning of every third  In 2018, the salary of members was increased
year. Term of office of a member of the from ₹50,000 to ₹1,00,000 per month, the
Rajya Sabha shall be 6 years. constituency allowance from ₹45,000 to
MEMBERSHIP OF PARLIAMENT ₹70,000 per month and the office expenses

53
CHAPTER: 30 - GOVERNOR
 Articles 153 to 167 in Part VI of the 5. The election of governor would create
Constitution deal with the state executive. separatist tendencies and thus affect the
The state executive consists of the governor, political stability and unity of the country.
the chief minister, the council of ministers The Constitution lays down only two
and the advocate general of the state. Thus, qualifications for the appointment of a person as
there is no office of vice-governor (in the a governor. These are:
state) like that of Vice-President at the 1. He should be a citizen of India.
Centre. 2. He should have completed the age of 35
 The governor is the chief executive head of
years.
the state. But, like the president, he is a
CONDITIONS OF GOVERNOR’S OFFICE
nominal executive head (titular or
The Constitution lays down the following
constitutional head). The governor also acts
conditions for the governor’s office:
as an agent of the central government.
1. He should not be a member of either House
Therefore, the office of governor has a dual
of Parliament or a House of the state
role.
legislature.
 Usually, there is a governor for each state,
2. He should not hold any other office of profit.
but the 7th Constitutional Amendment Act
3. He is entitled without payment of rent to the
of 1956 facilitated the appointment of the
use of his official residence (the Raj
same person as a governor for two or more
Bhavan).
states.
4. When the same person is appointed as the
APPOINTMENT OF GOVERNOR
governor of two or more states, the
 The governor is neither directly elected by
emoluments and allowances payable to him
the people nor indirectly elected by a are shared by the states in such proportion as
specially constituted electoral college as is determined by the president.
the case with the president. Term of governor’s office: five years
 He is appointed by the president by warrant
POWERS AND FUNCTIONS OF
under his hand and seal. In a way, he is a
GOVERNOR
nominee of the Central government.
 The powers and functions of the governor
The Draft Constitution provided for the direct
can be studied under the following heads:
election of the governor on the basis of universal
Executive Powers
adult suffrage. But the Constituent Assembly opted
The executive powers and functions of the

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for the present system of appointment of governor
Governor are:
by the president because of the following reason
1. The direct election of the governor is  All executive actions of the government of a
incompatible with the parliamentary system state are formally taken in his name.
established in the states.  He can make rules for more convenient
2. The mode of direct election is more likely to transaction of the business of a state
create conflicts between the governor and the government and for the allocation among the
chief minister. ministers of the said business.
3. The election of a governor would be entirely  He appoints the chief minister, advocate
on personal issues. Hence, it is not in the general of a state, election commissioner,
national interest to involve a large number of appoints the chairman and members of the
voters in such an election. state public service commission.
4. An elected governor would naturally belong  He can seek any information relating to the
to a party and would not be a neutral person administration of the affairs of the state and
and an impartial head. proposals for legislation from the chief
minister.

76
then ends and does not 1. He may give his assent for the consideration of President, he will not have
become an act. to the bill, the bill then the President, the any further role in the
3. He may return the bill becomes an act. President has two enactment of the bill.
for reconsideration of the 2. He may withhold his alternatives:
Houses. assent to the bill, the bill (a) He may give his
then ends and does not assent to the bill, the bill
become an act. then becomes an Act.
3. He may return the bill (b) He may with- hold
for reconsideration of the his assent to the bill, the
House or Houses. bill then ends and does
4. He may reserve the bill not become an act.
for the consideration of the Comparing Ordinance-Making Power of
President. President and Governor
When a state bill is When the governor
reserved by the governor reserves a bill for the President Governor
for the Consideration of consideration of the 1. He can promulgate an 1. He can promulgate an
the President, the President, he will not have ordinance only when ordinance only when the
President has three any further role in the both the Houses of legislative assembly (in
alternatives: enactment of the bill. If the Parliament are not in case of a unicameral
(a) He may give his bill is returned by the session or when either of legislature) is not in
assent to the bill, the bill President for the the two Houses of session or (in case of a bi-
then becomes an act. reconsideration of the Parliament is not in cameral legislature) when
(b) He may with- hold House or Houses and is session. both the Houses of the
his assent to the bill, the passed again, the bill must state legislature are not in
bill then ends and does be presented again for the session or when either of
not become an Act. presidential assent only. If the two Houses of the state
(c) He may return the bill the President gives his legislature is not in
for reconsideration of the assent to the bill, it session.
House or Houses of the becomes an act. This 2. He can promulgate an 2. He can promulgate an
state legislature. means that the assent of ordinance only when he ordinance only when he is
the Governor is no longer is satisfied that satisfied that
required. circumstances exist circumstances exist which
With Regard to Money With Regard to Money which render it necessary render it necessary for him
Bills Bills for him to take to take immediate action.
Every money bill after it Every money bill, after it immediate action.
is passed by the is passed by the state 3. His ordinance making 3. His ordinance- making
Parliament, is presented legislature (unicameral or power is co extensive power is co- extensive
to the President for his bicameral), is presented to with the legislative with the legislative power
assent. He has two the governor for his assent. power of the Parliament. of the state legislature.
alternatives: He has three alternatives: 4. An ordinance issued 4. An ordinance issued by
1. He may give his assent 1. He may give his assent by him has the same him has the same force

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to the bill, the bill then to the bill, the bill then force and effect as an act and effect as an act of the
becomes an act. becomes an act. of the Parliament. state legislature.
2. He may withhold his 2. He may withhold his 5. He can withdraw an 5. He can withdraw an
assent to the bill, the bill assent to the bill, the bill ordinance at any time. ordinance at any time.
then ends and does not then ends and does not
become an act. become an act. 6. An ordinance issued 6. An ordinance issued by
3. He may reserve the bill by him should be laid him should be laid before
for the consideration of the before both the Houses the legislative assembly or
president. of Parliament when it both the Houses of the
Thus, the President Thus, the governor cannot reassembles. state legislature (in case of
cannot return a money return a money bill for the a bicameral legislature)
bill for the reconsideration of the state when it reassembles.
reconsideration of the legislature. Normally, the 7.An ordinance issued by 7. An ordinance issued by
Parliament. Normally, governor gives his assent him ceases to operate on him ceases to operate on
the president gives his to a money bill as it is the expiry of six weeks the expiry of six weeks
assent to a money bill as introduced in the state from the reassembly of from the reassembly of the
it is introduced in the legislature with his Parliament. state legislature.
Parliament with his previous permission. 8. He needs no 8. He cannot make an
previous permission. When the governor instruction for making an ordinance without the
When a Money Bill is reserves a money bill for ordinance. instructions from the
reserved by the Governor the consideration of the President in three cases

78
PRELIMS PREVIOUS YEAR PAPER
2010 2011
1. With reference to the Constitution of India, 1. The Constitution (Seventy-Third Amendment)
consider the following: Which of the above Act, 1992, which aims at promoting the
provisions of the Constitution of India is/are Panchayati Raj Institutions in the country
fulfilled by the National Social Assistance (Correct)
Programme launched by the Government of  State Election Commissions to conduct all
India: - Directive Principles of State Policy panchayat elections.
2. Consider the following statements: The  Establishment of State Finance
Supreme Court of India tenders advice to the Commissions.
President of India on matters of law or fact: - If 2. In India, if a religious sect/community is given
he seeks such an advice. the status of a national minority, what special
3. The “Instrument of Instructions” contained in advantages it is entitled to (Correct)
the Government of India Act 1935 have been  It can establish and administer exclusive
incorporated in the Constitution of India in the educational institutions.
year 1950 as: - Directive Principles of State  It can derive benefits from the Prime
Policy Minister’s 15-Point Programme.
4. Who of the following shall cause every 3. India is home to lakhs of persons with
recommendation made by the Finance disabilities. What are the benefits available to
Commission to be laid before each House of them under the law (Correct)
Parliament:- The President of India  Free schooling till the age of 18 years in
5. Which one of the following is responsible for government-run schools.
the preparation and presentation of Union  Preferential allotment of land for setting up
Budget to the Parliament:- Department of business.
Economic Affairs  Ramps in public buildings.
6. National Rehabilitation and Resettlement 4. The authorization for the withdrawal of funds
Policy, 2007, (Correct)
from the Consolidated Fund of India must
1. This policy is applicable only to the come from: The Parliament of India
persons affected by the acquisition of land 5. All revenues received by the Union
for projects and not to the involuntary Government by way of taxes and other receipts
displacement due to any other reason.
for the conduct of Government business are
2. This policy has been formulated by the credited to the:- Consolidated Fund of India

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Ministry of Social Justice and 6. “Look East Policy” of India, (Correct)
Empowerment. Which of the statements
 India wants to establish itself as an
given above is/ are correct?
important regional player in the East Asian
Ans. Neither 1 nor 2
affairs.
7. Consumer Disputes Redressal at district level in
 India wants to restore the historical and
India, which one of the following statements is
cultural ties with its neighbours in
not correct:- The District Forum entertains
Southeast and East Asia.
the complaints where the value of goods or
7. When the annual Union Budget is not passed
services does not exceed rupees fifty lakhs.
by the Lok Sabha:- the Prime Minister
8. Authorities makes recommendation to the
submits the resignation of Council of
Governor of a State as to the principles for
Ministers
determining the taxes and duties which may be
8. Under the Constitution of India, the following
appropriated by the Panchayats in that
is not a fundamental duty:- To vote in public
particular State:- State Finance Commission
elections
9. Consider the following statements: In India,
9. The following are Human Right/Human Rights
taxes on transactions in Stock Exchanges and
under “Universal Declaration of Human
Futures Markets are:- levied by the Union
166
MAINS PREVIOUS YEAR PAPER
2. Comment on the following (150 words):
2010
a) Deendayal Disabled Rehabilitation Scheme
1. Answer the following (250 words):
(DDRS).
a) “Disputes between the riparian states on
b) Evolution of “Green Benches” in our higher
sharing of river waters in post
judiciary.
Independence India are becoming
c) Distinction between “Department Related
increasingly complex.” Objectively analyse
Parliamentary Standing Committees” and
the major disputes, with special reference
“Parliamentary Forums’.
to the Southern States.
3. Comment on the following in NOT more
2. Answer the following (150 words):
than 50 words each:
a) With respect to Cooperative Societies what
a) The Bihar Special Courts Act, 2009 and
are the salient features of the 106th and 111
why it has been in the news recently?
the Constitutional Amendment Bills as at
4. Comment on the following in not more than
present?
50 words:
3. Answer the following (150 words):
a) E-governance initiatives by the Union
a) What are the grounds of disqualification of
Public Service Commission (UPSC).
a Member of Parliament from either
2012
House? Quote relevant provisions in your
answer. 1. Answer the following (150 words each):
a) The Union Cabinet recently cleared the
4. Write brief but precise note on the following.
proposal to rename and amend the Child
Your answer should not exceed 50 words.
Labour (Prohibition and Regulation) Act,
a) Legislative powers assigned to the Rajya
1986. What are the salient features of the
Sabha under Art. 249 and Art. 312 of the
proposed amendments?
Constitution.
b) What are the salient features of the
5. Answer the following (150 words)
Consumer Protection (Amendment) Bill,
a) Bring out the powers and responsibilities
2011 introduced in the Lok Sabha in
attached to the office of the Speaker of the
December 2011?
Lok Sabha
2. Answer the following (50 words each)
6. Answer the following, briefly but precisely.
a) What is the “Parivarik Mahila Lok Adalat’?
Answer should be less than 50 words.
b) What are the Rights within the ambit of
a) How is disagreement between the
Article 21 of the Indian Constitution?
Legislative Council and the Legislative
c) Comment on the significance of the

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Assembly of a State in passing of an
Preamble contained in the Right to
ordinary Bill, resolved?
Information Act.
2011
3. Comment on the following (20 words):
1. Answer the following (250 words each):
a) Determining the “value” assigned to the
a) “Essentially all that is contained in Part IV
vote of a Member of a State Legislative
- A of the Constitution is just a codification
Assembly and of a Member of Parliament
of tasks integral to the Indian way of life’.
in the Indian Presidential elections.
Critically examine this statement.
2013
b) “The exercise of executive clemency is not
1. The role of individual MPs (Members of
a privilege but is based on several
Parliament) has diminished over the years and
principles, and discretion has to be
as a result healthy constructive
exercised in public considerations.”
2. Discuss Section 66A of IT Act, with reference
Analyse this statement in the context of the
to its alleged violation of Article 19 of the
judicial powers of the President.
Constitution. [200 words] 10
c) Bring out the salient features of the
3. Recent directives from Ministry of Petroleum
PCPNDT Act, 1994, and the implications
and Natural Gas are perceived by the ‘Nagas’
of its amendment in 2003.
173
ARTICLES OF THE CONSTITUTION (1–395)
25. Freedom of conscience and free profession,
UNION AND ITS TERRITORY
practice and propagation of religion
1. Name and territory of the union
26. Freedom to manage religious affairs
2. Admission or establishment of new states
27. Freedom as to payment of taxes for promotion
2A. Sikkim to be associated with the Union
of any particular religion
(Repealed)
28. Freedom as to attendance at religious
3. Formation of new states and alteration of areas,
instruction or religious worship in certain
boundaries or names of existing states
educational institutions
4. Laws made under Articles 2 and 3 to provide for
29. Protection of interests of minorities
the amendment of the First and the Fourth
30. Right of minorities to establish and administer
Schedules and supplemental, incidental and
educational institutions
consequential matters
31. Compulsory acquisition of property (Repealed)
CITIZENSHIP 31A. Saving of laws providing for acquisition of
5. Citizenship at the commencement of the estates, etc.
Constitution 31B. Validation of certain acts and regulations
6. Rights of citizenship of certain persons who 31C. Saving of laws giving effect to certain
have migrated to India from Pakistan directive principles
7. Rights of citizenship of certain migrants to 32A. Constitutional validity of State laws not to be
Pakistan considered in proceedings under article 32
8. Rights of citizenship of certain persons of Indian (Repealed)
origin residing outside India 33. Power of Parliament to modify the fundamental
9. Persons voluntarily acquiring citizenship of a rights in their application to forces, etc.
foreign state not to be citizens 34. Restriction on fundamental rights while martial
10. Continuance of the rights of citizenship 11. law is in force in any area
Parliament to regulate the right of citizenship by 35. Legislation to give effect to some of the
law provisions of fundamental rights
FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES OF STATE
12. Definition of state POLICY
13. Laws inconsistent with or in derogation of the 36. Definition of State
fundamental rights 37. Application of the directive principles
14. Equality before law 38. State to secure a social order for the promotion
15. Prohibition of discrimination on grounds of of welfare of the people

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religion, race, caste, sex or place of birth 39. Certain principles of policy to be followed by
16. Equality of opportunity in matters of public the State
employment 39A. Equal justice and free legal aid
17. Abolition of untouchability 40. Organisation of village panchayats
18. Abolition of titles 41. Right to work, to education, and to public
19. Protection of certain rights regarding freedom assistance in certain cases
of speech, etc. 42. Provision for just and humane conditions of
20. Protection in respect of conviction for offences work and maternity relief
21. Protection of life and personal liberty 43. Living wage, etc. for workers
21A. Right to elementary education 43A. Participation of workers in management of
22. Protection against arrest and detention in industries
certain cases 43B. Promotion of co-operative societies
23. Prohibition of traffic in human beings and 44. Uniform civil code for the citizens
forced labour 45. Provision for early childhood care and
24. Prohibition of employment of children in education to children below the age of six years
factories, etc.

177

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