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Constitution of Indiaभारतीय संविधान The Supreme law of India. A living document, an instrument which makes the government system work. Passed by the Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950. Contain 395 articles in 22 parts, 12 schedules and 94 amendments, for a total of 117,369 words.
The Preamble has clearly states that our country is now Sovereign in all matters. The ultimate source of all power is ‘ THE PEOPLE ’
I. Sovereignty ii. Democracy iii. Secularism and iv. Socialism are basic principles of our constitution.
Cont.. Sovereignty: This is the main feature of the Indian constitution. India is completely an independent country now. We are not subordinate or slave to any country in external or internal matters. Democracy: Democracy means a government which is run by representatives who are elected on the basis of adult franchise.
Cont… Secularism: The state gives equal treatment to all religions. It does not favor any particular religion. The constitution gives complete freedom to its citizens to practice and preach their own religion. Socialism: the achievement of socialism, based on economic and social equity, is the chief goal of our constitution. It provides equal opportunities in education, employment, justice to all.
Right to Freedom Protection of certain rights regarding freedom of speech, etc. (Article 19). Protection in respect of conviction for offences (Article 20). Protection of life and personal liberty (Article 21). Right to education (Article 21A). Protection against arrest and detention in certain cases (Article 22).
Right against Exploitation Prohibition of traffic in human beings and forced labour (Article 23). Prohibition of employment of children in factories, etc. (Article 24).
Right to Freedom of Religion Freedom of conscience and free profession, practice and propagation of religion (Article 25). Freedom to manage religious affairs (Article 26). Freedom as to payment of taxes for promotion of any particular religion (Article 27). Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28).
Cultural and Educational Rights Protection of interests of minorities (Article 29). Right of minorities to establish and administer educational institutions (Article 30).
Right to Constitutional Remedies Remedies for enforcement of rights conferred (Article 32)
Fundamental Duties(Article 51A) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; To cherish and follow the noble ideals which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so.
Cont… To promote harmony and the spirit of common brotherhood amongst all the people of India; to value and preserve the rich heritage of our composite culture; To protect and improve the natural environment; To develop the scientific temper, humanism and the spirit of inquiry and reform; To safeguard public property and to abjure violence.
State to secure a social order based on justice (art.38):- Promote the welfare of the people; Minimize the inequalities in income, status, facilities & opportunities. 2. Principles of policy to be followed by the state for securing economic justice (art. 39):- Equal right of men & women;
Cont… Distribution of ownership & control of the material resource; To ensure that the economic system should not result in concentration of wealth; Equal pay for equal work for both men & women; To protect health & strength of workers and tender age of children;
Cont… Children are given opportunities & facilities to develop in a healthy manner. Equal justice and free legal aid (art. 39A). Organization of village panchayats (art. 40). Securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (art. 41).
Cont… Provision for just and humane conditions of work and maternity relief (art. 42). Living wage, etc., for workers (art. 43). Participation of workers in management of industries (art. 43A). Uniform civil code for all the citizens (art. 44). Provision for free and compulsory education for children (art. 45).
Cont… Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections (art. 46). Primary duty to raise the level of nutrition and the standard of living and to improve public health (art. 47). Organisation of agriculture and animal husbandry on modern and scientific lines (art. 48).
Cont… Protection and improvement of environment and safeguarding of forests and wild life (art. 48A). Protection of monuments and places and objects of national importance (art. 49). Separation of judiciary from executive (art. 50).
17. Promotion of international peace and security (art. 51):- Promote international peace and security; Maintain just and honorable relations between nations; Foster respect for international law and treaty obligations in the dealings of organized people with one another; and Encourage settlement of international disputes by arbitration.
There shall be a President of India. The executive power of the Union shall be vested in the President. The Supreme command of the Defence Forces of the Union. Elected by the members of an electoral college. Shall hold office for a term of five years.
No person shall be eligible for election as President unless he:
a citizen of India, has completed the age of thirty-five years, is qualified for election as a member of the is House of the People.
Cont… A person shall not be eligible for election as President if he holds any office of profit under the Government of India. Shall not be a member of either House of Parliament or of a House of the Legislature of any State. To take oath in presence of Chief Justice of India.
There shall be a Vice-President of India. Shall be ex officio Chairman of the Council of States to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. Eligibility and term of office criteria same as of President.
Cont… Power of President to grant pardons, etc., and to suspend, remit or commute sentences. The Union have the Power to make Laws.
Definition Council of Ministers with the Prime Minister at the head to aid and advise the President Not Exceed 15% of the total number of members of the House of the People. The President shall administer to them the oaths of office.
Conduct of Government Business All executive action of the Government of India shall be expressed to be taken in the name of the President. The President shall make rules for the more convenient transaction of the business Duties of Prime Minister: To communicate all decisions relating to the administration of the affairs.
Cont… To furnish such information relating to the administration of the affairs To submit the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council
Disqualifications formembership Holds any office of profit under the Government; Of unsound mind and stands so declared by a competent court; An undischarged insolvent; Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
Powers, Privileges andImmunities of Parliamentand its Members Freedom of speech in Parliament. Not liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee. Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law.
The Union Judiciary To be appointed by the President and shall hold office until he attains the age of 65 years
Cont… A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and: has been for at least five years a Judge of a High Court or of two or more such Courts in succession; has been for at least ten years an advocate ofa High Court or of two or more such Courts in succession;
Cont… is, in the opinion of the President, a distinguished jurist. The law declared by the Supreme Court shall be binding on all courts within the territory of India. The Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court.
Cont… CJI can make appointments of officers and servants of the Supreme Court. Expenses shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.
Comptroller and Auditor-General of India (art. 148):- Appointed by the President; Shall make and subscribe before the President, an oath or affirmation according to the form set in the Third Schedule. The salary and other conditions of service shall be determined by Parliament;
Cont… Shall not be eligible for further Government office after he has ceased to hold his office; The administrative powers shall be such as may be prescribed by rules made by the President after consultation with him. The administrative expenses of the office shall be charged upon the Consolidated Fund of India. Duties and powers of the Comptroller and Auditor-General
Audit reports (art.151) relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.
Definition (art.152): Does not include the state of Jammu & Kashmir. The Governor (art.153): Same person can be a Governor for two or more States. Executive Power of States (art.154): Either directly or through officers subordinate to him.
Appointment of Governor (art.155): Appointed by the President by warrant under his hand and seal. Term of office of Governor (art.156): By writing under his hand addressed to the President, may resign his office; Term of Five years.
Qualifications for appointment as Governor (art.157):- a citizen of India. completed the age of thirty-five years.
Conditions of Governor's office (art.158) The Governor shall not be a member of either House of Parliament or of a House of the Legislature; shall not hold any other office of profit; shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament; Emoluments and allowances shall not be diminished during his term of office.
Oath or affirmation by the Governor (art.159) In the presence of the Chief Justice of the High Court. Discharge of the functions of the Governor in certain contingencies (art.160). Power to grant pardons, etc., and to suspend, remit or commute sentences in certain cases (art.161).
Council of Ministers There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor. The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister. The total number of Ministers, in the Council of Ministers in a State shall not exceed 15%.
Qualification for membership of the State Legislature A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he- is a citizen of India, is, in the case of Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and
possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
The high courts in the states Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish
Cont… Every Judge of a High Court shall be appointed by the President. Age limit is 62 Years. There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law.
Subordinate Courts Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
Definitions “District” means a district in a State; “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;
Cont… c) “Intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;
Cont.. d)“Panchayat” means an institution of self-government for the rural areas; e) “Panchayat area” means the territorial area of a Panchayat;
Cont.. f) “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published; g) “Village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.
There shall be constituted in every State, Panchayats at the village, intermediate and district levels.
Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
Composition of Panchayats
Legislature of a State may, by law, make provisions with respect to the composition of Panchayats.
All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area.
Provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
Reservation of Seats.
Seats shall be reserved for-
the Scheduled Castes; and (b) the Scheduled Tribes,
Not less than one-third of the total number of seats reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.
Duration of Panchayats
Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration.
An election to constitute a Panchayat shall be completed before the expiry of its duration.
A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat would have continued had it not been so dissolved.
Powers, authority and responsibilities of Panchayats (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor
The Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats.
The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission.
Definitions “Committee” means a Committee (b) “district” means a district in a State; (c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification.
Cont… (d)“Municipal area” means the territorial area of a Municipality as is notified by the Governor; (e) “Municipality” means an institution of self government (f) “Panchayat” means a Panchayat which has been defined in the PANCHAYAT section. (g) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published
(a) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area and (c) a Municipal Corporation for a larger urban area.
All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
Constitution and composition ofWards Committees (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to :
Cont… (a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
Cont… (4) Where a Wards Committee consists of: (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members shall be Chairperson. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.
Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality.
Not less than one-third of the total number of seats reserved, shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
Not less than one-third (including the number of seats reserved for women belonging to the SC and the ST) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
Nothing shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.
Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting.
An election to constitute a Municipality shall be completed before the expiry of its duration.
Cont… A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued.
Powers, authority and responsibilities of Municipalities
The Legislature of a State may, by law, endow:
the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities.
the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them.
Elections to theMunicipalities
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.
Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
Every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
The President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
Creation of local Legislatures orCouncil of Ministers or bothfor certain Union territories.
Parliament may by law create:-
a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law.