Showing posts with label Political Science. Show all posts
Showing posts with label Political Science. Show all posts

Saturday, 18 March 2017

The President of India in the Indian Constitution


The President of India in the Indian Constitution
  • There shall be a President of India as per Article 52; President of India is the executive head of the Union of India.
  • President of India is also the Supreme Commander of the Defense Forces.
  • Office of the President of India is Rashtrapati Bhavan

Qualifications to become the President (Article 58) 

A Candidate for the office of the President should have the following qualifications-
  • He should be an Indian citizen.
  • He should not be less than 35 years of age.
  • He should have qualifications for elections as a member of the House of the people.
  • He should not be holding any office of profit under any government for local body.
  • He should not be a member of Parliament or any State Legislature. A government servant or a servant of a local authority is, however, ineligible for election as President.

Election of the President (Article 54, 55) 

  • The election of the President is made by secret ballot in accordance with the system of proportional representation by a single transferable vote i.e., by indirect direction.
The President is thus elected by an electoral college consisting of elected members of:-
(a) The elected members of both the Houses of the Parliament, and
(b) Elected members of the Legislative Assembly of the States. (Elected members of the Legislative Council, however, do not constitute the Electoral College for election of the President of India.)
Note: The Chief Minister of a State of India is NOT eligible to vote in the Presidential election if he is a member of Upper House of the State Legislature).

Tenure

  • Elected for five years but is eligible for immediate re-election and can serve any number of terms.
  • Emoluments: 150000

Oath of office 

  • The oath of office by the President of India is conducted by the Chief Justice of India.

The President can be removed from office if he goes against the Constitution

When he does that, not less than one-fourth of the total membership of both the Houses of Parliament can give 14 days' notice that they propose bringing a motion of "impeachment" (Article 61) against the President. He may be removed from office for violation of the Constitution by impeachment (Article 61).
  • The motion can be introduced in either House i.e., in the Lok Sabha or in the Rajya Sabha.
  • If a two-thirds majority of the total membership of the Parliament votes that the charges against the President stand proved.

Powers of the President with respect to Parliament

  • The President can summon, prorogue, address and send messages to the two Houses of Parliament.
  • He gives assent to bills passed by the Parliament.
  • He can issue ordinances when Parliament is not in session.
  • He can declare a state of emergency arising due to war, external aggression, internal disturbances, and failure of constitutional machinery in any State or threat to the financial stability or credit of India. Indian Parliament can invade the State List if-
(a) a subject in the State List assumes national importance, and
(b) a proclamation of emergency has been issued by the President of India.
 Powers:
 (i) Executive and Administrative Powers 
  • He appoints the senior officials of the state including the Prime Minister.
  • All Union Territories are under the President of India.
(ii) Legislative Powers 
  • Appoints 12 members to the Rajya Sabha and two Anglo-Indian members to the Lok Sabha.
  • Dissolves the House of People.
  • Assents or withholds his assent to any Bill passed by the Parliament; Issues ordinances.
(iii) Financial Powers 
  • Causes the budget to be laid before the Parliament; (Article 112)
  • Sanctions introduction of money bills
  • Apportions revenue between the Centre and the States.
 (iv) Judicial Powers 
  • He appoints the Chief Justice and the Judges of the Supreme Court and Zonal High Courts.
  • He can seek advice from the Supreme Court on any question of Law of fact (Article 143).
  • Empowered to grant pardons, reprieve, remit the sentences, or suspend, remit or commute punishments.
(v) Emergency Powers 
(a) National Emergency
  • Article 352 empowers the President to proclaim an emergency and take under his direct charge the administration of any State.
  • The President cannot be questioned by any court for the action taken by him in the discharge of his duties. No criminal proceedings can be launched against him.
(b) State Emergency (Article 356)
  • It can be proclaimed by the President on the failure of Constitutional machinery in the State.
  • The Proclamation of the President's rule should be approved by the Parliament within two months.
  • If approved, it remains in force for six months from the date of Proclamation of the State Emergency.
  • It can be extended for a maximum period of three years with the approval of the Parliament every six months.
(c) Financial Emergency 
  • Under article 360 if he is satisfied that the financial stability or credit of India or any part thereof is threatened.
  • Approved by the Parliament within two months.
ssc cgl tier 1 president list

Wednesday, 22 February 2017

IMPORTANT NOTES ON CONSTITUTIONAL AUTHORITY: UPSC

 

The Historical Background

Indianisation of the superior civil services became one of the major demands of the political movement, compelling the British Indian government to consider the setting up of a Public Service Commission for recruitment of candidates to its services in the Union territory. The first Public Service Commission was set up on 1 October 1926. However, its
limited advisory functions failed to satisfy the people's aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act, 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level. The Constituent Assembly, after independence, saw the need for giving a secure and autonomous status to Public Service Commissions, both at the Federal and Provincial levels, for ensuring unbiased recruitment to civil services, as also for the protection of service interests. With the promulgation of the new Constitution for independent India on 26 January 1950, the Federal Public Service Commission was accorded a constitutional status as an autonomous entity and given the title UPSC.

The Structure of UPSC

The Chairman and other members of the UPSC are appointed by the President and they hold office for a term of 6 years from the date of appointment, or until they attain the age of 65 years, whichever is earlier. They are independent of the Executive and legislature in the same manner as the judges of the Supreme Court.

Constitutional Provisions 

The UPSC has been established under Article 315 of the Constitution of India.
The Commission consists of a Chairman and fixed number of members (generally 10) under Article 318.
 The terms and conditions of service of the Chairman and members of the Commission are governed by the UPSC (member) Regulations, 1969. It is generally 6 years.
The Commission is serviced by a Secretariat headed by a Secretary with two Additional secretaries, a number of Joint Secretaries, Deputy Secretaries and other supporting staff.
 Under Article 317, the terms of UPSC's Chairman and members is not determined by the executive department of the government of India,  Therefore they cannot be removed from their positions easily.
Only under the special charge of corruption and dishonesty can members be removed by the president under Article 317 (1).
 Under 317 (2), the member can be removed if proven insolvent or mentally and physically unfit, and only President can remove him or her.
Article 322, states that salaries of Chairman and members of UPSC are charged to the consolidated fund of India, and are not subject to the approval of the Parliament.
  Functions of UPSC have enumerated under Article 320.

 Important article related to UPSC

Article-315. Public Service Commissions for the Union and for the States.
Article-316. Appointment and term of office of members.
Article-317. Removal and suspension of a member of a Public Service Commission.
Article-318. Power to make regulations as to conditions of service of members and staff of the Commission.
Article-319. Prohibition as to the holding of offices by members of Commission on ceasing to be such members.
Article-320. Functions of Public Service Commissions.
Article-321. Power to extend functions of Public Service Commissions.
Article-322. Expenses of Public Service Commissions.
Article-323. Reports of Public Service Commissions.

Independent and Neutral UPSC

To keep UPSC independent, neutral and impartial, the constitution has taken two precautionary measures. 
The government has to consult UPSC on employee appointments and other matters related to the employees
If UPSC's advice or recommendation to the government is not implemented, the government has to give an explanation to the parliament detailing the reasons for such non-acceptance. The government of India can appoint a few employees without UPSC's recommendation, but that appointment will be temporary and for a period of 1 year only.

 Power of UPSC

UPSC's most important powers are advisory in nature and it can advise the President and Governor of state on the following six domains:
 All matters relation to the appointment of civil servants.
Evaluation of standards and efficiency of candidates for appointment, promotion or transfers of employees.
All matters concerning discipline, behaviour and punctuality of employees of All India services.
All affairs relating to demand and privileges to its employees under All India Civil Services and injured while on duty.
On any payment or expense for any work of an employee of All India Services to be borne by the consolidated fund of India.
Issues relating to discipline and punctuality in government functions are paying compensation to an employee, if there is a loss incurred by him due to negligence on part of the government, matters relating to punishment means of those employees and of all matters related to the interest of government employees working under the central government.
 

Questions from History, Geography and Polity


Questions from History, Geography and Polity.
1.From origin to the delta, the Brahmaputra traverses-China, India and Bangladesh 
The Brahmaputra is one of the major rivers of Asia, a trans-boundary river which flows through China, India and Bangladesh.
2.The Girnar Hills are situated in which of the following States-Gujarat 
Girnar is a collection of mountains in the Junagadh District of Gujarat, India, situated near Junagadh at a distance of 327 km from Ahmedabad.
3.Which was the first hydel power project in India-Sivasamudram in Karnataka
Shivanasamudra is a small city in the Mandya District of the state of Karnataka, India. It is situated on the banks of the river Kaveri, which forms here the boundary to the Chamarajanagar District, and is the location of one of the first Hydro-electric Power stations in Asia, which was set up in the year 1902
4.Which hill stations name means place of the thunderbolt- Darjeeling
The name Darjeeling comes from the Tibetan words, Dorje (thunderbolt) and Ling (place or land), meaning the land of the thunderbolt.
5.The climatic zones are classified on the basis of- Rainfall
The climate map in such a scheme would be same as the mean annual rainfall map. Such system may be refined by subdividing classes according to distribution of precipitation throughout the year, whether uniform or seasonal.
6.'Moorlands' are- Areas where twisted shrubs and grasses grow 
Moorland is a type of habitat found in upland areas in temperate grasslands, savannas and shrublands and mountain grasslands and shrublands biomes, characterised by low-growing vegetation on acidic soils.
7.Which of the following is the largest Archipelago in the world- Indonesia
An archipelago is a chain, cluster or collection of islands. Indonesia is the largest archipelago in the world.
8.Vardhman Mahavir is also know as-Jena 
Mahavira was given the title Jīnā which subsequently became synonymous with Tirthankara
9.Before assuming the office of the Sultan of Delhi Balban was the Prime Minister of Sultan- Nasir-ud-din
Before assuming the office of the Sultan of Delhi Balban was the Prime Minister of Sultan Nasir-ud-din. Nasir-ud-din was the eighth sultan of the Mamluk Sultanate.
10.Taj Mahal was designed by- Ustad Isa 
The Taj Mahal is an ivory-white marble mausoleum on the south bank of the Yamuna river in the Indian city of Agra. It was commissioned in 1632 by the Mughal emperor, Shah Jahan (reigned 1628–1658), to house the tomb of his favourite wife, Mumtaz Mahal
11.Which inscription mentions about the village administration under the Cholas- Uttaramerur
The Uttaramerur inscription, found in the village by this name in Chengalpattu district south of Chennai, has been studied and commented upon by many authorities, such as K. A. NilakantaSastri, S. KrishnaswamyIyengar, etc. The text of the (from V. Venkayya, in Annual Report on Epigraphy, 1904), was kindly provided by Dr. R. Nagaswamy, an eminent archaeologist, epigraphist and art expert of South India, who has authored many scholarly works.
12.The Upanishads were translated by DaraShikoh in Persian under the title of-Sirr-i-Akbar
He believed that what is referred to in the Quran as Kitab al-Maknun [The Hidden Book] is actually the Upanishads. It was inspired by this belief that he spent whatever time he could find in translating the Upanishads into Persian, with the help of several pundits of Banaras. His translation of the Upanishads is appropriately called Sirr-i-Akbar.
13.The famous Sun Temple at Konark was built by- Narasimha-I
Konark Sun Temple is a 13th-century Sun Temple at Konark in Odisha, India. It is believed that the temple was built by king Narasimhadeva I of Eastern Ganga Dynasty around 1250 CE.The temple is in the shape of a gigantic chariot elaborately carved stone wheels, pillars and walls. A major part of the structure is now in ruins.
14.Nurjahan's real name was- Mehr-un-Nisaa
Nur Jahan born as Mehr-un-Nissa, was Empress of the Mughal Empire as the chief consort of Emperor Jahangir. A strong, charismatic and well-educated woman, she is considered to be one of the most powerful and influential women of the 17th century Mughal Empire
15.Who was the Viceroy at the time of Quit India Movement- Lord Lin Lithgow
16.How many languages have recognized by the Constitution- 22
1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri.
17.In case no party enjoys absolute majority in the Legislative Assembly of a state, the Governor will go by- His own discretion
In case no party commands absolute majority in the Legislative Assembly of the State or the majority party fails to elect its leader, the Governor can use some discretion
18.Which article of the Constitution of India is related to the establishment and Constitution of Supreme Court- Article 124
The Article 124 is related with Establishment and constitution of Supreme Court- (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission referred to in article 124A and shall hold office until he attains the age of sixty-five years.
19.Which states enjoys the distinction of being the first Linguistic state of India-Andhra Pradesh
Andhra Pradesh is the first state in India to have been formed on a purely linguistic basis. On October 1, 1953, eleven districts of the Madras state were put together to form a new Andhra state with Kurnool as capital.
The final authority to interpret our Constitution is the- Supreme Court
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.  

Tuesday, 17 January 2017

The Vice- President of India in the Indian Constitution

The Vice- President of India in the Indian Constitution


The Vice-President of India (Articles 63-73)
Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-President of India. The Vice-President of India is the second highest constitutional office in the country.
Article 63: The Vice-President of India
  • There shall be a Vice-President of India.
Article 64: The Vice-President is to be ex-officio Chairman of the Council of States.
  • The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:
  • Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.
Article 65
  • The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President
Article 66: Election of Vice-President
  • Vice‑President is elected by members of an electoral college consisting of the members of both the Houses of the Parliament. However, his election is different from that of the President as the state legislatures has no part in it.
Citizen of India
  • More than 35 years of Age
  • Passed the qualification of membership of Rajya Sabha
  • Not hold any office of profit under union, state or local authority. However, for this purpose, the President,
  • Vice‑President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit
 Article 67: Term of office of Vice-President
The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that –
(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;
(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Article 68
  • Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy
Article 69: Oath or affirmation by the Vice-President
Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say – "I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter."
Article 70:
  • Discharge of President's functions in other contingencies
Article 71:
  • Matters relating to, or connected with, the election of a President or Vice-President
Article 72:
  • Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
Article 73:
  • Extent of executive power of the Union*
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement
Thank You!

Friday, 23 December 2016

Parliament of Countries in the world

  1. Country: Afghanistan; Parliament: Shora
  2. Country: Andorra; Parliament: General Council
  3. Country: Albania; Parliament: People's Assembly
  4. Country: Azerbaijan; Parliament: Melli Majlis
  5. Country: Algeria; Parliament: National People's Assembly
  6. Country: Angola; Parliament: National People's Assembly
  7. Country: Argentina; Parliament: National Congress
  8. Country: Australia; Parliament: Federal Parliament
  9. Country: Austria; Parliament: National Assembly
  10. Country: Bahamas; Parliament: General Assembly
  11. Country: Bahrain; Parliament: Consultative Council
  12. Country: Bangladesh; Parliament: Jatiya Sansad
  13. Country: Belize; Parliament: National Assembly
  14. Country: Bhutan; Parliament: Tsogdu
  15. Country: Bolivia; Parliament: National Congress
  16. Country: Brazil; Parliament: National Congress
  17. Country: Brunei; Parliament: National Assembly
  18. Country: Botswana; Parliament: National Assembly
  19. Country: Britain; Parliament: Parliament (House of Common's and House of Lords)
  20. Country: Bulgaria; Parliament: Narodno Subranie.
  21. Country: Cambodia; Parliament: National Assembly
  22. Country: Congo Democratic; Parliament: Rep. of National Legislative Council
  23. Country: Colombia; Parliament: Congress
  24. Country: Canada; Parliament: Parliament
  25. Country: China; Parliament: National People's Assembly
  26. Country: Chile; Parliament: Chamber of Deputies and Senate
  27. Country: Comoros; Parliament: Legislative Council and Senate
  28. Country: Costa Rice; Parliament: Legislative Council and Senate
  29. Country: Crotia; Parliament: Sabor
  30. Country: Cuba; Parliament: National Assembly of People's Power
  31. Country: Czech; Parliament: Republic Chamber of Deputies and Senate
  32. Country: Denmark; Parliament: Folketing
  33. Country: Ecuador; Parliament: Natinal Congress
  34. Country: El Salvador; Parliament: Legislative Assembly
  35. Country: East Timor; Parliament: Constituent Assembly
  36. Country: Ethiopia; Parliament: Federal Council and House of Representative
  37. Country: Egypt; Parliament: People's Assembly
  38. Country: Fiji Islands; Parliament: Senate & House of Representative
  39. Country: France; Parliament: National Assembly
  40. Country: Finland; Parliament: Eduskusta (Parliament)
  41. Country: Germany; Parliament: Bundestag (Lower House) and Bundesrat (Upper House)
  42. Country: Guyana; Parliament: National Assembly
  43. Country: Greece; Parliament: Chamber of Deputies
  44. Country: Hungry; Parliament: National Assembly
  45. Country: Iceland; Parliament: Althing
  46. Country: India; Parliament: Sansad
  47. Country: Indonesia; Parliament: People's Consultative Assembly
  48. Country: Iran; Parliament: Majlis
  49. Country: Iraq; Parliament: National Assembly
  50. Country: Israel; Parliament: Knesset
  51. Country: Italy; Parliament: Chamber of Deputies and Senate
  52. Country: Japan; Parliament: Diet
  53. Country: Jordan; Parliament: National Assembly
  54. Country: Korea(North) ; Parliament: Supreme People's Assembly
  55. Country: Korea(South) ; Parliament: National Assembly
  56. Country: Kuwait; Parliament: National Assembly
  57. Country: Laos; Parliament: People's Supreme Assembly
  58. Country: Labanon; Parliament: National Assembly
  59. Country: Lesotho; Parliament: National Assembly and Senate
  60. Country: Lithuania; Parliament: Seimas
  61. Country: Luxembourg; Parliament: Chamber of Deputies
  62. Country: Libya; Parliament: General People's Congress
  63. Country: Malaysia; Parliament: Dewan Rakyat and Dewan Negara
  64. Country: Maldives; Parliament: Majlis
  65. Country: Madagascar; Parliament: National People's Assembly
  66. Country: Mongolia; Parliament: Great People's Khural
  67. Country: Montenegro; Parliament: Federal Assembly
  68. Country: Mozambique; Parliament: People's Assembly
  69. Country: Myanmar; Parliament: Pyithu Hluttaw
  70. Country: Nepal; Parliament: Rashtriya Panchayat
  71. Country: Netherlands; Parliament: The Staten General
  72. Country: New Zealand; Parliament: Parliament (House of Representative)
  73. Country: Oman; Parliament: Monarchy
  74. Country: Pakistan; Parliament: National Assembly & Senate
  75. Country: Paraguay; Parliament: Senate & Chamber of Deputies
  76. Country: Philippines; Parliament: The Congress
  77. Country: Papua New Guinea; Parliament: National Parliament
  78. Country: Poland; Parliament: Sejm
  79. Country: Romania; Parliament: Great National Assembly
  80. Country: Russia; Parliament: Duma & Federal Council
  81. Country: Serbia; Parliament: Federal Assembly
  82. Country: Senegal; Parliament: National Assembly
  83. Country: Seychelles; Parliament: People's Assembly
  84. Country: South Africa; Parliament:  Rep. House of Assembly
  85. Country: Spain; Parliament: Cortes
  86. Country: Sweden; Parliament: Riksdag
  87. Country: Saudi Arabia; Parliament: Majlis Al Shura
  88. Country: Sudan; Parliament: Majlis Watani
  89. Country: Switzerland; Parliament: Federal Assembly
  90. Country: Syria; Parliament: People's Council
  91. Country: Turkey; Parliament: Grand National Assembly
  92. Country: USA; Parliament: Congress
  93. Country: Vietnam; Parliament: National Assembly
  94. Country: Venezuela; Parliament: National Congress
  95. Country: Zambia; Parliament: National Assembly 

https://www.paypal.me/rahulrsudan

Friday, 18 November 2016

POLITY : IMPORTANT FEATURES Part-I

MAKING OF THE INDIAN CONSTITUTION

The idea of constituent assembly for making the Constitution was first mooted by M.N. Roy in 1934. Indian National Congress officially demanded the formation of Constituent Assembly in 1935. 
• First meeting of Constituent Assembly was held on Dec 9, 1946.
• Muslim League boycotted the Constituent Assembly.
• Dr. Sachidanand Sinha, the senior most member of the assembly, was elected as the temporary President of the assembly.
• Provisions relating to citizenship, elections, provisional parliament and temporary provisions became effective from 26th November, 1949.

IMPORTANT COMMITTEES

COMMITTEE                                                        CHAIRMAN
Drafting Committee                                                  Dr. B.R. Ambedkar
Flag Committee                                                        J. B. Kriplani
Union Constitution Committee                                   Jawaharlal Nehru
Provincial Constitution Committee                             Sardar Vallabh Bhai Patel
Union Powers Committee                                          Jawaharlal Nehru
Committee on Fundamental Rights and Minorities       Sardar Vallabh Bhai Patel

LANDMARKS IN CONSTITUTIONAL DEVELOPMENT

1773 centralization started
1784 direct control of British government
1833 centralization completed, GG of India
1853 executive separated from legislature, open competition introduced
1858 Secretary of State
1861 representative institutions, decentralization
1892 indirect election principle, budget discussion
1909 separate electorate
1919 division of subjects in 2 lists, diarchy in provinces, bicameralism at centre, direct elections
1935 division of subjects in 3 lists, diarchy at centre, bicameralism in provinces, provincial autonomy

SOURCES OF INDIAN CONSTITUTION

Country                                                                        Provisions Borrowed
Government                                                                  Federal Scheme
of India Act, 1935                                                        Declaration of Emergency Powers

                                                                                  Administration at the Centre and State level
United Kingdom                                                         Parliamentary System
                                                                                  Single Citizenship
                                                                                  Writ Jurisdiction of Courts

USA                                                                        Fundamental Rights
                                                                               Supreme Court

USSR                                                                     Fundamental Duties
Ireland                                                                    Concept of Directive Principles of State
                                                                               Policy.
Indian Constitution is both rigid and flexible. A written constitution implies rigidity. Parliamentary sovereignty
implies flexibility.
• Preamble of the Constitution is not enforceable but serves two purposes:
1. Indicates the source of Constitutional Authority
2. Statement of objects which the Constitution seeks to establish
• The word 'socialist' has been added to the Preamble by the 42nd Amendment Act.

PREAMBLE OF THE CONSTITUTION

The preamble emphasizes a few fundamental values and guiding principles on which the Constitution of India is based. It serves as a beacon for both, the Constitution and judges who interpret the Constitution in his light. The opening few words of the preamble - "we the people" means that power is concentrated in the hands of the people of India. The preamble is as follows:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
First, the preamble was not part of the Constitution of India, but the Supreme Court, in the case of Kesavananda Bharati Vs. State of Kerala found it a part of the Constitution and can be used in the interpretation of ambiguous areas of the Constitution. The words "socialist" and "secular" were introduced in the 42nd amendment
SOME IMPORTANT TERMS OF THE PREAMBLE
Sovereign : It means supreme or independent. The country is both, internally as well as externally sovereign. Internally it exercises a free government directly elected by the people and makes laws that govern the people. Externally it is free from any foreign power and free to make its foreign policy independently. Socialist : It was added by the 42nd amendment act of 1976. It implies to social and economic equality.
Secular : It was also added by the 42nd amendment act of 1976. The word implies equality of all religions and religious tolerance. No state in India have an official state religion.
Democratic : This mean that the government of all levels are elected by the people through a system of universal adult franchise.
Republic : The term means that the head of the state is elected, directly or indirectly, for a fixed tenure.
SALIENT FEATURES OF THE CONSTITUTION
A written and lengthy constitution: The Constitution of India is a written constitution and the lengthiest constitution in the world. It has 395 Articles and 12 Schedules. A number of amendments, (about 96) passed since its enforcement in 1950, have also become a part of the Constitution.
Sovereign, socialist, secular, democratic, republic: The Constitution declares India to be a Sovereign, Socialist, Secular,  Democratic, Republic. The words, 'Socialist' and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.
Federalism: The Constitution provides for a federal form of government. In a federation, there are two governments-at the central level and at the state (province) level and the powers of the government are divided between the central government and state governments.
Parliamentary government: Indian Constitution provides for a parliamentary form of government. President is nominal head of the state. In actual practice, the government is run by the Prime Minister and other members of the Council of Minister. The Council of Ministers is collectively responsible to the Parliament.
Fundamental rights and duties: The Constitution of India guarantees six fundamental rights to every citizen and ten Fundamental Duties of citizens have also been added by 42nd Amendment of the Constitution.
Partly rigid and partly flexible: The Constitution of India is neither wholly rigid nor wholly flexible. It is partly rigid and partly flexible. It is because of the fact that for the purpose of amendment, our constitution has been divided into three parts:
a) certain provisions of the constitution can be amended by a simple majority in the Parliament.
(b) Certain provisions can be amended by a two-third majority of the Parliament and its ratification by at least fifty percent states.
(c) The remaining provisions can be amended by the Parliament by two-third majority.

FUNDAMENTAL DUTIES

Initially, the Fundamental Duties were not provided in the Constitution. On the basis of the recommendations of Swarn Singh Committee, these ten duties were included in the Constitution under Article 51A of part IV by the 42nd Constitutional Amendment Act, 1976 and the 11th duty was adopted by 86th Constitutional Amendment Act, 2002. Under these provisions, a citizen of India is expected to faithfully observe the following fundamental Duties.
1. To abide by the Constitution and respect its ideas and institutions, the National Flag and the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and spirit of common brotherhood among all the people of India, transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, river, and wildlife and to have compassion for living creatures;
8. To develop the scientific temper, humanism and spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement;
11. To provide opportunities for education to his child or, as the case may be, ward between age of 6 and 14 years;

THE FUNDAMENTAL RIGHTS

The Part III of the Constitution of India gives a detailed description of the 'Fundamental Rights'. These fundamental rights guarantee civil freedom to all the citizens of India to allow them to live in peace and harmony. These are the basic rights that every Indian citizen has the right to enjoy, irrespective of their caste, creed and religion, place of birth, race, colour or gender.
Right to Equality
 • Article 14 :- Equality before law and equal protection of law
• Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
• Article 16 :- Equality of opportunity in matters of public employment
• Article 17 :- End of untouchability
• Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted
Right to Freedom
• Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of form Associations
4. Freedom of Movement
5. Freedom of Residence and Settlement
6. Freedom of Profession, Occupation, Trade and Bussiness
• Article 20 :- Protection in respect of conviction for offences
• Article 21 :- Protection of life and personal liberty
• Article 22 :- Protection against arrest and detention in certain cases
Right Against Exploitation
 • Article 23 :- Traffic in human beings prohibited
• Article 24 :- No child below the age of 14 can be employed
Right to Freedom of Religion
• Article 25 :- Freedom of conscience and free profession, practice and propagation of religion
• Article 26 :- Freedom to manage religious affairs
• Article 27 :- Prohibits taxes on religious grounds
• Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions
Cultural and Educational 
• Article 29 :- Protection of interests of minorities
Rights • Article 30 :- Right of minorities to establish and administer educational institutions
• Article 31 :- Omitted by the 44th Amendment Act
Right to Constitutional 
• Article 32 :- The right to move the Supreme Court in case of their violation (It is called Soul and
Remedies heart of the Constitution by BR Ambedkar)
The Writs
• Habeas corpus implies equality before law and equal protection of law.
• Mandamus is the form of command to either take a particular form of action or refrain from doing it.
• Prohibition is a writ issued by the high court or the Supreme Court to the local courts to prevent people from proceeding with a case which does not fall under its jurisdiction.
• Certiorari is a writ issued to lower courts, when these courts have gone beyong the scope of their jurisdictions.
• Quo Warranto writ is issued to a person who has been wrongly appointed in the office of authority.

Sunday, 13 November 2016

Important Articles of the Constitution of India

Important articles of Indian constitution for exam.India is the largest country in the world when compared to the number of electorates. It has also the largest written constitution in the world. But it has not been properly implemented as the politicians/ Mafia are playing their role to keep people of India ignorant and due to massive poverty and lack of education, there is severe lack of understanding of rights and awareness among the common public. Our constitution has provided certain rights to all the citizens of the country and it should be exercised keeping in mind the rights of the others in the society. Our laws are formulated on the basis of the guidelines given by constitution of India. We made constitution on November 26, 1949 and implemented it on January 26, 1950 and called India a republic (where president is the head of the state). Some articles of Indian constitution are very important and are often asked in various competitive examination. Candidates should learn it.
 

Important articles of Indian constitution

Article Importance
Article 12 –35 Specify the Fundamental Rights available
Article 36-50 Specify the Directive Principles of state policy
Article 51A Specifies the Fundamental Duties of every citizen
Article 80 Specifies the number of seats for the Rajya Sabha
Article 81 Specifies the number of seats for the Lok Sabha
Article 343 Hindi as official language
Article 356 Imposition of President’s Rule in states
Article 370 Special status to Kashmir
Article 395 Repeals India Independence Act and Government of India Act, 1935
Some other important articles are:
  • Article 370 – Special provision of J&K.
  • Article 371A –  Special provision with respect to the State of Nagaland
  • Article 371-J: Special Status for Hyderabad-Karnataka region
These are the basic articles and there are various powers/ functions associated with these articles which are meant both for the government and the citizen. Candidates should learn these basic articles which are often asked in the examination. It is important to know that there are 444 articles in Indian constituent which has been divided into 25 Parts. Each part deals with a different function of the constitution.

Contribute