Indian Constitution

        Constitution of India brief overview

• Idea for a Constituent Assembly for drafting a con­stitution for India was initial provided by Bal Gangadhar Tilak in 1895.

• The elections for the initial Constituent Assembly were control in July 1946. Ini­tially it had 389 members, however later the reformed Assembly had 324 members.

• The State of Hydrabad didn't participate in elections to the Constituent Assembly.

• The first meeting of Constituent Assembly was survived December nine, 1946— its president was Dr Sacchi­danand Sinha.

• The second meeting was survived December eleven, 1946. Its president was Dr Rajendra Prasad.

• The Objectives Reso­lution was passed beneath spot of J.L. Nehru.

• The Draft of Indian Constitution was given in Oct 1947. President of the Drafting Committee was Bhim Rao Ambedkar.

• The Flag Committee worked beneath J.B. Kripalani.

• The total time con­sumed to arrange the draft was two years, 11 months, 18 days. Total eleven conferences were control for this.

• The Indian Constitu­tion was enacted on Novem­ber twenty six, 1946 and place into force on January twenty six, 1950.

• The Constitution nowadays has 444 Articles and 12 schedules. Originally there have been 395 Articles and 8 schedules.

• SOCIALIST, SECU­LAR, INTEGRITY—these words were side to the Preamble later, through the forty second modification, 1976.

The Preamble con­tains aims and objectives of our Constitution.

• Fundament Rights ar contained partially III— known as “Magna Carta” of the Constitution. the thought was borrowed from USA. Initial­ly there have been seven elementary rights, currently there ar solely six. (The Right to Property was deleted by the forty fourth amend­ment in 1978. it's currently a judicial right—it has been enraptured to Article 300(A).)

• The Supreme Court judgement in Keshwanand Bharti vs Kerala case provid­ed that elementary Rights will be altered by the Parlia­ment as long because the basic structure of the Constitution remains intact.
• The Minerva Mills case ruling of the Supreme Court, however, dominated that elementary rights ar basic a part of the Constitution. the ability to change them was snatched away.

Fundamental Right of Equality provides for:
—Equality in govern­ment jobs (Article 16).
—No discriminations (Article 15).
—No untouchability (Article 17).
—Abolition of titles (Article 18).

The necessary free­doms granted are:
 —Against exploitation (Article 23).
—Against kid labour (Article 24).

The Right to Consti­tutional Remedies is provid­ed beneath Article 32.

The Constitution provides that top Courts and therefore the Supreme Court will issue numerous writs (written orders) to safeguard free­dom of a personal. There are 5 styles of writs:

Habeas Corpus—“may I actually have the body”—it orders to gift reasons furthermore as physical presence of a body in court, at intervals twenty four hours of arrest.

Mandamus—issued to person, workplace or court—to enforce duties—also known as “Param Aadesh”.

Prohibition—issued to inferior courts, by superior courts—it prohibits (stops) action of acts outside their jurisdiction.

Quo Warranto—it asks how one has gained unau­thorised office.

Certiorari —Higher Court takes over case from lower courts.

• Dr Ambedkar has known as this text as “soul” of the Constitution. 

Directive Principles of State Policy act as guide­lines or morals for the gov­ernment. They ar contained in half IV of the Constitu­tion. They were borrowed from Ireland. Some impor­tant directive principles are:

—Gram Panchayats (Article 40).

—Uniform civil code (Article 44).

—Free and compulsory education (Article 45).

Fundamental duties are contained partially IV(A). There are 10 elementary duties listed within the Constitu­tion. This plan was borrowed from Russia.

The vp is that the Chairman of the Rajya Sabha. However, he's not a member of any House.

If a member is found sitting in another House of Parliament, of that he's not a member, he has to pay a fine of Rs 5000.

Rajya Sabha has 250 members—238 nonappointive and twelve appointed by the Presi­dent. state elects most variety of mem­bers for the Rajya Sabha (34), followed by state (22) and geographic area (19).

 In one year time, the President should hold a minimum of 2 conferences of the Rajya Sabha.

If a state of Emer­gency is asserted, the Lok Sabha is dissolved, however not the Rajya Sabha (It could be a per­manent House).

Lok Sabha has 547 members—545 nonappointive and a pair of appointed from the Anglo-Indian Community.

During a state of emergency, the tenure of Lok Sabha will be extended by a most of 1 year.

Maximum variety of members of Lok Sabha ar nonappointive from state (80 members), followed by state (54) and geographic area (48).

Minimum age for changing into member of Lok Sabha is twenty five years and Rajya Sabha is thirty years.

Minimum age to be eligible for the post of the President is 35 years.

 The President is elected by members of each homes of Parliament and State Legislative Assemblies.

The VP is elected by all members of the Parliament.

To discuss associate impor­tant topic, the traditional proce­dure of the Parliament is stopped beneath the Adjourn­ment motion. 

Decision concerning whe­ther a Bill could be a cash Bill or not is taken by the Lok Sabha Speaker.

The first High Courts in Bharat were estab­lished at metropolis, Calcutta, and Madras, in 1862. Alla­habad and city were estab­lished next in 1866.

 Maximum age to stay a court decide is sixty two years and most age to stay a Supreme Court decide is sixty five years.

The process for removal of bourgeois and Auditor General of Bharat is same as that of judges of the Supreme Court.

Attorney General is that the law skilled to govern­ment. He will participate and speak in each homes of Par­liament, however isn't allowed to vote.

The idea of getting a Lokpal to see corruption at the very best level has been borrowed from “Ombuds­man” of Scandinavian country. within the States, we've the Lok Ayuk­ta.

There ar 3 styles of Emergencies which will be announced by the President. Emergency beneath Article 352—due to war or internal rebellion. (Implemented 3 times (1962, 71, 75).)

Emergency beneath Article 356—Constitutional prob­lems. (Implemented persistently, in numerous States like J&K, Punjab, etc.)

Emergency beneath Article 360—Financial Emergency. (Not enforced thus far).

The Constitution ini­tially recognised fourteen National Languages. Later, four a lot of were side. These were: Sindhi (21st amendment), Nepali, Konkani and Manipuri (71st amendment).

To gain the standing of a National Party, a organisation should be recognised in four or a lot of States, attaining a minimum of four wheel drive votes on national scale and Sept. 11 in every State.

The flag of the Con­gress party was accepted because the emblem (with few changes) on July twenty two, 1947.

The new Flag Code of Bharat provides freedom to people to hoist the flag on all days, however with due relevancy the flag.

The Question hour within the Parliament is determined from eleven am  to twelve twelve noon. The hour is determined from 12:00 twelve noon to 1:00 pm.

Balwant Rai Mehta Committee steered a three-tier structure for Pan­chayati Raj—Gram Pancha­yat village level, punchayet Samiti at block level and Zila Parishad in districts.

First Constitutional Amendment—1951—put a ban on propagating ideas to damage friendly relations with foreign countries.

Planning Commis­sion is barely associate informative  and specialist body. Its chairman is that the Prime Minister.

National Develop­ment Council is that the main body involved with the particular coming up with method. Its chairman is additionally the Prime Minister.

The first leader of the Opposition was Ram Subhag Singh, in 1969.

The shortest Lok Sabha span was thirteen days (12th Lok Sabha in 1998).

Although the Parlia­ment will pass legal instrument motion against judges, their conduct can't be mentioned by it.

There ar at the present eighteen High Courts in Bharat.

Article 370 provides special standing to Jammu &Kashmir region.

The Indian Consti­tution was the primary of the preceding 2 centuries that wasn't obligatory by associate imperial power, however was created by the individuals them­selves, through representa­tives in a very Constituent Assembly.

The Preamble of the Indian Constitution isn't enforceable in a very court of law. It states the objects that the Constitution seeks to ascertain.

The Indian Constitu­tion endows the Judiciary with power of declaring a law as unconstitutional if it's on the far side the ability of the law-makers consistent with the distribution of powers provided by the Constitu­tion, or if it's in contraven­tion of the basic rights or of the other obligatory provision, e.g. Articles 286, 299, 301 and 304.

As a part of the inte­gration of assorted Bharatn States into the Dominion of India a three-fold method of integration, called the Patel theme, was imple­mented.

(i) 216 States were unified into the individual Provinces, geographically contiguous to them. These unified States were enclosed within the territories of the States partially B within the initial Sche­dule of the Constitution. the method of merger started with the merger of province and Chattisgarh States with the then province of province, on January one, 1948. The last instance was merger of Cooch-Behar with West Ben­gal in January 1950.

(ii) sixty one States were con­verted into Centrally-admin­istered areas and enclosed partially C of the primary Schedule.

(iii) The third type was consolidation of teams of States into new viable units, called Union of States. the primary Union fashioned was the Saurashtra Union on Feb fifteen, 1948. The last one was Union of Travan­core-Cochin on national holiday, 1949. As several as 275 States were integrated into 5 Unions—Madhya Bharat, Patiala and East geographical region States Union, Rajasthan, Saurashtra and Travancore-Cochin. These were enclosed partially B of the primary Sche­dule. Besides, Hyderabad, J&K and Mysore were additionally enclosed partially B.

At the time of acces­sion to the Dominion of Bharat, the States had acceded solely on 3 subjects (Defence, Foreign Affairs and Communications). Lat­er, revised Instruments of Accession were signed by that all States acceded in respect of all matters includ­ed in Union and synchronal Lists, except solely those relat­ing to taxation.

The process of inte­gration culminated within the Constitution (7th Amend­ment) Act, 1956, that abol­ished half B States as a category and enclosed all the States partially A and B in one list.