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Polity Printable Mindmap
D P Khaitan replaced by T T Krishnamachari Ad Hoc Committee on the National Flag Dr Rajendra Prasad
Mostly influenced the Indian constitution
Concept - USA
Emergency provision Borrowed from
Language - Australia
Supreme Court establishment
GOI act 1935 modified form of Objective resolution
PCS
adopted on 22 January 1949
Officer of Governor
enforced on 26 January 1950
Federal scheme
ID Card of the Constitution by N A Palkivala
Parliamentary form of government
Statement Passed Horoscope of the Constitution by K M Munshi
Parliamentary privileges
Keynote of the Constitution by Ernst Barker
Single citizenship Preamble Source of authority of the constitution People of India
Rule of law UK
Sovereign, Socialist, Secular,
Nature
Democratic & Republic
Writs Ingredients
Justice Social, Economic & Political
Legislative procedure
Liberty Thought, Expression, Worship, Belief & Faith
Bicameral Parliament Objective
Equality Status & Opportunity
Fundamental Rights 1960
Fraternity
Berubari Union Case
Preamble Preamble is not a part of Constitution &
only once in - 42th CA, 1976 cannot be Amended
(known as mini Constitution)
Separation of Power Amendment
1973
added - Integrity, Socialist & Secular
Supremacy of Constitution
Preamble is a part of Constitution
& can be amended
Independence of judiciary (removal procedure
of SC and HC) Case
Supreme Court / High Court can reverse the
1. Territories expansion & jurisdiction Keshavnanda Bharti Case
decision
Judicial review USA
2. Emoluments Requires more bench of judges
Equal protection of law
Concurrent List
Ideals of Justice - Social Economical & Political USSR (Russia) 9. Land Reforms 1st CA - 1951
By decency - born outside India, but are Indian India, that is Bharat, shall be a Union of States
citizen
Article - 1 States and territory specified
By registration - origin India (7 years residing
Acquire the territories of the States
in India)
Territory of India Union territories specified in 1st Schedule
By naturalisation - origin not of India (12 years
of residing in India) other territories as may be acquired
Single Citizenship taken from UK Provisions Not finding on Parliament (advisory in nature)
either of the parents of Indian origine either one of these Amendment in article 1 & 3 & Schedule 1 & 2
will not be dealt as amendment under Art. 368
who is a ordinary resident for at least 5yrs Part-II
dealt as Amendment under Art. 368 make sure
Rights of citizenship of certain persons who
Article - 6
Citizenship to change in Schedule 1st & 4th
have migrated to India from Pakistan
Only by Simple Majority Is applicable when a
Rights of citizenship of certain migrants to territory is added from outside to inside
Article - 7 1948
Pakistan Fully fledge state on 1 Nov 1956 Andhra Pradesh (2/3 members present + voting)
Article-4
Rights of citizenship of certain persons of 1960 Maharashtra S K Dhar Commission Linguistic basis model rejected Berubari Union Case
Article - 8
Indian origin residing outside India 1959
1960 Gujarat States to be organised on the basis of Indian territory if it has to be given to a
“Administrative Convenience”, not linguistic foreign territory - Art 368 applicable
Persons voluntarily acquiring citizenship of a
foreign State not to be citizens
Article - 9
1963 Nagaland
Part - I & II basis
Indo-Bangladesh agreement
Continuance of the rights of citizenship Article - 10 1966 Haryana 1948
100 CA
Linguistic Provision JVP Committee State should not be formed on linguistic basis
Parliament to regulate the right of citizenship 1971 Himachal Pradesh India’s few parts to Bangladesh by Special
by law
Article - 11 commission 2014
Majority
1972 Meghalaya Members - J L Nehru, Vallabhbhai Patel,
Pattabhisitaramayya Bangladesh few parts to India by Simple
Majority
1972 Manipur
Potti Sriramulu died during Fast unto death (56 days)
1972 Tripura Formation of States After his death, 1st linguistic state of India
1953 Dec 1953
formed
1975
Sep/Oct 1953 Fazal Ali (chairman)
Earlier ruled by Chogyal Dynasty Andhra Pradesh
Sikkim Telugu speaking area members K M Panikkar
Associate State - Art 2A - 35th CA, 1974
H N Kunzru
Complete Statehood - 36th CA, 1975 Fazal Ali Commission
Rejected the theory of “one language one
1987 (UT) state”
Goa
56th CA (statehood) Accepted the linguistic basis of formation of
state
1987 Arunachal Pradesh
State Reorganisation Act, 1956
special powers 1987 Mizoram
Art: 12-35
Magna Carta
Art. 15, Art. 16, Art. 19, Art. 29 & Art. 30 Rights available to citizens
FRs are not absolute but qualified (very
limited)
Fundamental FRs are not sacrosact (are not permanent)
power to make laws to give effect to
fundamental rights (vested only on Parliament) Article 35 Rights
FRs are justiciable in nature
Right of minorities to establish & administer Art. 29-30 No person shall be prosecuted & punished for
Indira Sawhney Case (1993)
educational institutions no double jeopardy
the same offence more than once
Article 17 Abolition of untouchability
Article 30
Right to establish & administer educational No person accused of any offence shall be
no self incrimination State cannot provide title
institutions (Only for minorities) Right to Freedom compelled to be a witness against himself
Article 18 Abolish of titles
Art. 19-22 Protection of life & personal liberty
Exception: in case of education, military,
Freedom of conscience and free profession, excellency
Article 25
practice and propagation of religion Article 21
no person shall be deprived of his life &
personal liberty except according to procedure
freedom to manage religious affairs Article 26 established by law
Prohibition of Human trafficing & forced labor Protection against arrest and detention in
certain cases
Article 23
Exception - under this article, state can force
No person who is arrested shall be detained in
people to do compulsory services Right against exploitation custody without being informed
Prohibition of child labour Art. 23-24
Every person who is arrested and detained in
Article 24 custody shall be produced before the nearest
Below 14 yrs can't be employed in Article 22
magistrate within twenty-four hours
hazarduous/dangerous place
Preventive - on suspect
Promote international peace and security
Directive Principles of Our State Policy
Article 51
maintain honorable relations between nations
borrowed from Ireland
DPSP
The State shall separate the judiciary from Articles 36-51
the executive in the public services Article 50 Novel feature of Constitution by B R Ambedkar
use to check constitutional value of any law
Conscience of the Constitution by Grainville Austin
The State shall protect every monument,
place & object of artistic/historic interest Article 49 Statements India’s Federalism is Quasi-federal by KC Wheare
FRs would prevail over DPSP Champakam Dorairajan Case borrowed from USSR
1973
to cherish & follow the noble ideals which
Article 51A (b) inspired our national struggle for freedom
13 bench judges case Kesavnanda Bharti Case
Parliament can amend FRs however must can't to uphold & protect the sovereignty, unity, &
desturb the basic structure of constitution Article 51A (c) integrity of India
Constitutional is found on the bedrock of the to defend the country & render national
Minerval Mill Case
balance b/w FRs & DPSP Article 51A (d) service when called upon to do so
to provide opportunities for education by the Promote harmony and spirit of common
parent the guardian, to his child (between the Article 51A (k) brotherhood mongst all the people of India
age of 6-14 years) Part-IV(A) Article 51A (e)
to renounce practices derogatory to the
dignity of women
to strive towards excellence in all spheres of
individual & collective activity Article 51A (j)
to value & preserve the rich heritage of our
Article 51A (f) composite culture
to safeguard public property & to abjure
violence Article 51A (i)
to protect & improve natural environment
Article 51A (g)
to develop the scientific temper, humanism, & to have compassion for living creatures
the spirit of inquiry and reform Article 51A (h)
Power of President to grant pardons
Chapter 1 The Executive
The President shall have the power to grant
pardons, reprieves, respites, or remissions of Chapter 2 Parliament
punishment or to suspend, remit or commute Article 72
the sentence Part-V Chapter 3 Legislative Power of The President
The Union
can pardon Death Sentence Chapter 4 The Union Judiciary
Election to fill vacancy
Chapter 5 Comptroller and Auditor-General of India
An election to fill the term of office of
President shall be completed before the Article 62 Head of Indian Union
expiration of the term The Union Executive
1st Citizen of India
in the case of Death, Resign or Removal - Vice- Procedure for impeachment of the President
president, CJI or Judge of SC shall act as The President of India
Acting President President is to be impeached for violation of Article 52
the Constitution There shall be a President of India.
Executive power of the Union.
the charge shall be preferred by either House
of Parliament Executive power of the Union shall be vested
Article 53 in the President
such a resolution has been moved after at
least 14 days’ notice in writing Article 61 Article 54 The supreme command of the Defence Forces
of the Union Shall be vested in the President
signed by not less than 1/4th of the total
number of members of the House Election of President
citizen of India
Election of Vice-President
Time of holding election to fill vacancy in the
office of Vice-President The Vice-President shall be elected by the
members of both Houses of Parliament
An election to fill a vacancy \shall be (All MPs)
completed before the expiration of the term Article 68
Vice-President Proportional Representative + Single
Transferrable Vote
An election to fill a vacancy in the office of
Vice-President occurring because of his death, Term of office of Vice-President
resignation or removal shall be held within 60 The Vice-President shall not be a member of
The Vice-President shall hold office
days
for a term of five years
Article 66 either House of Parliament or a House of the
Legislature of any State
Courts not to inquire into proceedings of There shall be a Parliament for the Union
Parliament Article-122
At the commencement of the first session Lower House / 1st chamber / House of People
after each general election to the House of
the People
Lok Sabha Minimum age - 25 years
Article-87
at the commencement of the first session of 1st sitting - 17 April 1952 Composition of the Council of States
each year
Upper House / 2nd chamber / Council of State twelve members to be nominated by the
President shall address both Houses of / House of elders President
Parliament assembled together
Rajya Sabha Minimum age - 30 years
Right of President have special knowledge or practical experience
1st sitting - 13 May 1952 in Literature, science, art and social service
The President may address either House of
Parliament or both Houses assembled together Article-86 not more than 238 representatives of the
Article-80 States and of the Union territories
The President may send messages to either
House of Parliament, whether with respect to The allocation of seats in the Council of
a Bill then pending in Parliament Composition of the House of the People
States to be filled by representatives of the
Sessions of Parliament
Parliament not more than 530 members chosen by direct
States and of the Union territories
The President shall from time to time summon election from the States
representatives of each State shall be elected
each House of Parliament members of the Legislative Assembly of the
not more than 20 members to represent the
The President may from time to time prorogue
Article-85 Article-81 Union territories
State by single transferable vote
Power of President to consult Supreme Court Every Judge of the Supreme Court Resignation to President
If it appears to the President that a question Article 143 a judge may be removed from his office in the
of law has arisen which is of public manner provide in clause (4)
importance, he may refer the question to that
Court and the Court may, after hearing, unless he is a citizen of India
Enforcement of decrees and orders of Supreme report to the President its opinion thereon
Court and orders as to discovery, etc
has been for at least five years a Judge of a
High Court or of two or more such Courts
he Supreme Court in the exercise of its A person shall not be qualified for
jurisdiction may pass decree or make order as Article 142 Article 124 appointment as a Judge of the Supreme Court has been for at least ten years an advocate of
is necessary for doing complete justice
a High Court or of two or more such Courts
Subject to the provisions of any law made on is, in the opinion of the President, a
this behalf by Parliament, the Supreme Court distinguished jurist
shall have all and every power to make any Law declared by Supreme Court to be binding
order on all courts
by an order of the President passed after an
The law declared by the Supreme Court shall
Article 141 address by each House of Parliament
be binding on all courts within the territory of
India A Judge of the Supreme Court shall not be supported by a majority of the total
removed membership of that House
Conferment on the Supreme Court of powers No Judge of the Supreme Court shall plead or
to issue certain writs act in any court
Salaries, etc., of Judges
Parliament may by law confer on the Supreme Article 139
paid to the Judges of the Supreme Court may
Court power to issue directions, orders, or
writs, any of them, for any purposes other
Article 125 be determined by Parliament
Enlargement of the jurisdiction of the
Supreme Court than those mentioned in article 32
privileges and allowances may from time to
time be determined by Parliament
The Supreme Court shall have further Appointment of acting Chief Justice
jurisdiction and powers with respect to any of Article 138
the matters in the Union List Article 126 When the office of Chief Justice of India is
vacant or absent by any reason - the duties
shall be performed by one of the other Judges Appointment of ad hoc judges
The Supreme Court shall have such further
jurisdiction and powers with respect to any of the Court as the President may appoint
Review of judgments or orders by the Supreme If a quorum of the Judges of the Supreme
matter as the Government of India and the Court
Government of any State Court not available to hold or continue any
session, the Chief Justice of India may, with
Article 137 Article 127
Subject to the provisions of any law made by
Parliament or any rules made under Article Supreme Court the consent of the President, request in
writing the attendance at the sittings of the
145, the Supreme Court shall have the power Court, as an ad hoc Judge
to review Attendance of retired Judges at sittings of
the Supreme Court
duty of the Judge who has been so designated,
Special leave to appeal by the Supreme Court Article 128 in priority to other duties of his office
by Chief Justice of India, with the consent of
the Supreme Court may, in its discretion, Article 136 the President
grant special leave to appeal from any
judgment, decree, determination, sentence, or Supreme Court to be a court of record
order in any cause
Jurisdiction and powers of the Federal Court Article 129 The Supreme Court shall be a court of record
under existing law to be exercisable by the and shall have all the powers of a court
Supreme Court Seat of Supreme Court
Article 135
Until Parliament by law provides, the Supreme
Court shall also have jurisdiction and powers
Article 130 The Supreme Court shall sit in Delhi
in any matter to which the provisions of or in other place, as the Chief Justice of India
Article 133 or Article 134 do not apply may appoint, with the approval of the President
Original jurisdiction of the Supreme Court
Appellate jurisdiction of Supreme Court in between the Government of India and one or
regard to criminal matters Article 131 more States
Article 134
in matters of Theft, Murder, Charges etc. Subject to the provisions of this Constitution, between the Government of India and any
the Supreme Court shall have original State or States on one side and one or more
jurisdiction in any dispute – other States on the other
Appellate jurisdiction of Supreme Court in
appeals from High Courts in regard to civil
matters between two or more States
Appellate jurisdiction of Supreme Court in
Article 133 appeals from High Courts in certain cases
in matters of Property, Marriage, Divorse etc. Article 132
In constitutional matters
Recruitment of persons other than district
judges to the judicial service Article 234 Article 214 High Courts for States
Calcutta High Court Andaman& Nicobar Article 230 Article 217 Rsignation to President
High court's writ is wider than Supreme Oath or affirmation by Judges of High Courts
court's writ Article 219
Article 226 High Courts by Governor
High Court can issur writs on legal + FRs
SPSC - State Public Service Commission qualified to be appointed as the judge of the
Supreme Court
JPSC - Joint Public Service Commission National Commission for Scheduled Castes
Salary & condition of service determined by
Appointment and term of office of members Article 338 President
NCSC & NCST separated 86th CA, 2003 To advise the government on the legal matters
UPSC & JPSC appointed by President
National Commission for Scheduled Tribes Duties To appear on behalf of the GOI in SC
SPSC appointed by Governor
(NCST)
Article 338A NCSC
Article 316 Attorney General
UPSC - 6 / 65 years To appear in HC in the cases concerning GOI
National Commission for Backward Classes when required
Term Article 338B
(NCBC) Comptroller and Auditor General of India
SPSC & JPSC - 6 / 62 years
has the right to audience in all the courts in
Chairman + Vice Chairman + 3 other members the territory of India Single membered body
UPSC & JPSC - to President (NCSC & NCST)
Resignation Composition
Article 324 CAG is considered as the guardian of the
SPSC - to Governor has the right to speak and take part in the
appointed by the President public purse
parliamentary proceedings
Rights
Removal and suspension of a member of a Election Commission is a permanent and
Public Service Commission independent body Head of Indian Audit & Accounts Dept.
doesn’t enjoy the right to vote
1st FC - K C Noegy
15th FC - N K Singh