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INTRODUCTION TO

THE

CONSTITUTION OF
INDIA

A Constitution is:
The Basic structure which defines the

power of the States and the rights and


duties of its citizens
Written

Constitution

Dr. Bhimrao Ramji Ambedkar as chairman of the Constitution

Drafting Committee, was the Chief Architect of Indian


Constitution
The basic form of the Union Government envisaged in the
Constitution was introduced by Dr. Ambedkar as follows
A democratic executive must satisfy three conditions:

1. It must be a stable executive, and


2. It must be a responsible executive.
3. It must be impartial to all religion, caste and community.
Unfortunately, it has not been possible so far to devise a
system which can ensure both conditions in equal degree. .....
The daily assessment of responsibility, which is not available in
the American system is, it is felt, far more effective than the
periodic assessment and far more necessary in a country like
India. The Draft Constitution in recommending the
parliamentary system of Executive has preferred more
responsibility to stability.

INDIAN Constitution
BackGround
Structural part

Derived from the Government of India act 1935,

The constitution of India drawn up by a Constituent Assembly(established

according to the cabinet mission plan May6,1946)


With an objective Resolution of Pandit Jawaharlal Nehru
Philosophical part - Inspirited from American and Irish Constitution
Political part

Largely from British constitution

Other provision are from Canada, Australia, Germany, USSR, France,

USA, Japan, South African


India celebrates the adoption of the constitution on 26

January each year as Republic Day

Features of Indian Constitution


Drawn from different sources
The longest known Constitution
Detailed Administrative Provision
Incorporate the experience of different Constitutions
More flexible than rigid
Supplemented by multiple Amendment
Fundamental rights ,constitutional remedies & Fundamental duties
Peculiarity of the problems to be solved
Reconciliation of written constitution
Judicial review makes the Constitution legalistic
Role of convention under the Constitution
A Federal System with Unitary Biase
Integration &merger
Reorganisation of States
Proposal of Cabinet Mission
Social equality

The Constitution consist of the


following;
.Originally in 1949 the constitution contained :
The Preamble
Part I to XXII covering Articles1 to 395 Articles
8 Schedules

. At present
1. The Preamble
2. Parts I to XXIII covering Article 1 to 450 more
3. Schedule 1to 12 and

Parts
PART I : THE UNION AND ITS TERRITORY(Art.1-4)
PART II: CITIZENSHIP Art.( 5-11 )
PART III : FUNDAMENTAL RIGHTS Art.( 12-35 )
PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY Art.( 36-51 )
PART IVA: FUNDAMENTAL DUTIES Art.( 51A )
PART V : THE UNION Art.( 52-151 )
PART VI : THE STATES Art.( 152-237 )
PART VII :THE STATES IN PART B OF THE FIRST SCHEDULE Art.

( 238 )
PART VIII :THE UNION TERRITORIES Art.( 239-243 )
PART IX: PANCHAYATS Art.( 243-243zg )
PART IXA: MUNICIPALITIES Art.( 243-243zg )

PART X :
PART XI:

THE SCHEDULED AND TRIBAL AREAS Art.( 244-244A )


RELATIONS BETWEEN THE UNION AND THE STATES
Art.( 245-263 )
PART XII:
FINANCE, PROPERTY, CONTRACTS AND SUITS Art.
( 264-300A )
PART XIII : TRADE,COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA Art.( 301-307 )
PART XIV : SERVICES UNDER THE UNION AND Art..( 1-4) THE
STATES Art.( 308-323 )
PART XIVA: TRIBUNALS Art.( 323A-323B )
PART XV : ELECTIONS Art.( 324-329A )

PART XVI : SPECIAL PROVISIONS RELATING TO CERTAIN

CLASSES Art.( 330-342 )


PART XVII:
OFFICIAL LANGUAGE Art.( 343-351 )
PART XVIII:
EMERGENCY PROVISIONS Art.( 352-360 )
PART XIX:
MISCELLANEOUS Art.( 361-367 )
PART XX:
AMENDMENT OF THE CONSTITUTION Art.
(368 )
PART XXI :TEMPORARY, TRANSITIONAL AND SPECIAL
PROVISIONS Art.( 369-392 )
PARTXXII: SHORTTITLE,COMMENCEMENT,AUTHORITATIVE
TEXT IN HINDI AND REPEALS Art.( 393-395 )
PART XXIII: Temporary Transactional & other Provision.

Schedule
First Schedule (Articles 1 and 4) States and Union Territories This

lists the states and territories on of India, lists any changes to their borders
and the laws used to make that change.
Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)
Emoluments for High-Level Officials This lists the salaries of officials
holding public office, judges, and Comptroller and Auditor-General of
India.
Third Schedule (Articles 75, 99, 124, 148, 164, 188 and 219) Forms of
Oaths This lists the oaths of offices for elected officials and judges.
Fourth Schedule (Articles 4 and 80) This details the allocation of seats
in the Rajya Sabha (the upper house of Parliament) per State or Union
Territory.
.

Fifth Schedule :(Article 244) This provides for the administration and

control of Scheduled Areas[ and Scheduled Tribes (areas and tribes


needing special protection due to disadvantageous conditions).
Sixth Schedule :(Articles 244 and 275) Provisions for the
administration of tribal areas in Assam
Seventh Schedule :(Article 246) The union (central government),
state, and concurrent lists of responsibilities.
Eighth Schedule ;(Articles 344 and 351) The official languages.
Ninth Schedule :(Article 31-B) - This covers land and tenure reforms;
the accession of Sikkim with India. It may be reviewed by the courts [
Tenth Schedule :(Articles 102 and 191) "Anti-defection" provisions
for Members of Parliament and Members of the State Legislatures.
Eleventh Schedule :(Article 243-G) Panchayat Raj (rural
development).
Twelfth Schedule :(Article 243-W) Municipalities (urban planning

Union Executive
The President[Articles52-57]
Vice President[Article 64-67]
Prime Minister & [Article 74-75]
Cabinet Ministers

State level
Executives:
The Governor
Chief Minister
The State Legislature
Bihar, Jammu & Kashmir, Karnataka, Maharashtra & Utter
Pradesh
Legislative Assembly
Elected House of the State Legislative

Union Legislature or
Parliament
The Parliament of India consist of the

President and two Houses


The lower house is called the House of the
People (Lok Sabha)[Article 79]
o
o

Directly elected representative


Minimum strength is fixed at 545,out of 530 represented the states
&13 represent the Union Territories
The Speaker must be the presiding officer of the Lok Sabha is
elected by members themselves.
One Deputy Speaker who discharges the duties of presiding officer
in speakers absence.
A money bill can originate only in Lok Sabha (with presendent
prior permission which is certified by the Speaker)

The upper House is known as the Councile of States


(Rajya Sabha)[Article 80]
Consist of representatives of the states
Maximum strength is 250 of which 238 represent state and union

territories members elected for a term of 6 yrs


One third of the members retire every two years.
Has a very little power regarding money bills ,it can hold the bill
not more than 14 days..

JUDICIARY
The Supreme Court
o Jurisdiction :
The disputes between centre and a State or States
or between two or more States.
Appellate Jurisdiction (Article 134):
Constitutional
matters132(1),Criminal
cases134,
Appeal by special leave 136
Advirsory power(Article 143)
Court of record(article 129)
Power of Judicial review

High Court
It is the hightest court of appeal in the state in both civil and
criminal matters
supervision over the working of court it can withdraw a case
pending before a subordinate court
the High Court Issues writ for the enforcement of
fundamental Rigths Under Art 226

Constitutional Institutions
Controller and Auditor General of India[Article148-149]
Attorney General[Article76&88]
Election commission[Article 324]

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