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Encyclopedia > Constitution of India
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Union Government The Government of India (Hindi: भारत सरकार [1]Bhārat Sarkār), officially referred to as the Union Government, and commonly as Central Government, was established by the Constitution of India, and is the governing authority of a federal union of 28 states and 7 union territories, collectively called the Republic of...

Constitution

Executive The Preamble of the Constitution of India — Indias fundamental and supreme law The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the...

Legislative The Prime Minister of India is, in practice, the most powerful person in the Government of India. ... This article is about the Prime Minister of India. ... List of Indian ministers in the current government elected in 2004: Names in italics are women ministers. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ...

Judiciary Sansad Bhavan, The Parliament of India The Parliament of India (or Sansad) is bicameral. ... The President of India (Hindi: Rashtrapati) is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. ... Pratibha Patil (Marathi: प्रतिभा पाटील) (born December 19, 1934) is the 12th and current President of India. ... The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. ... Mohammad Hamid Ansari (born April 1, 1937) is the current Vice President of India. ... The Lok Sabhha (alternatively titled, the House of the People, by the Constitution of India) is the lower house in the Parliament of India. ... The Speaker of the Lok Sabha is the presiding officer of the lower house of Parliament of India. ... Somnath Chatterjee (born July 25, 1929 in Tezpur, Assam) is a politician in India. ... Executive President Vice-President Prime Minister Dy. ... The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...

Local The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... The Chief Justice of India is the highest position obtainable by a judge in India. ... Justice K.G. Balakrishnan; First Dalit cheif justice of India Konakuppakatil Gopinathan Balakrishnan aka Justice K G Balakrishnan, an Indian Judge and member of the Indian Supreme Court, has been appointed as the next Chief Justice of India. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Composition and Jurisdiction of District Courts In India : administration of justice at district level is done through law courts which are presided over by a judge. ... Localism describes a range of political philosophies which prioritise the local. ...

Elections in India The Panchayat is a South Asian political system. ... Wikipedia does not yet have an article with this exact name. ...


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The Constitution of India lays down the framework on which Indian polity is run. The Constitution declares India to be a sovereign socialist democratic republic, assuring its citizens of justice, equality, and liberty. It was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950. India celebrates January 26 each year as Republic Day. It is the longest written constitution of any independent nation in the world, containing 395 articles and 12 schedules, as well as numerous amendments, for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation. The Election Commission of India held indirect 13th presidential elections of India on 19 July 2007[1]. Pratibha Patil with 638,116 votes won over her nearest rival Bhairon Singh Shekhawat who got 331,306 votes. ... This article or section does not adequately cite its references or sources. ... The Election Commission of India is a constitutional body created to hold free and fair elections in India. ... The Chief Election Commissioner heads the Election Commission of India, a body constitutionally empowered to conduct free and fair elections to the national and state legislatures. ... The State Assembly elections in India are the elections in which the Indian electorate choose the members of the Vidhan Sabha (or Legislative/State Assembly). ... Political parties in India lists political parties in India. ... An Indian political scandal commonly refers to some action by a politician deemed unacceptable in law or by custom, or which is held to be morally unacceptable to the politicians peers or the electorate. ... The Republic of India, the second most populous country and one of the fastest growing economies in the world, is considered as a major power and a potential superpower. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The Constituent Assembly of India was elected to write the Constitution of India, and served as its first Parliament as an independent nation. ... is the 330th day of the year (331st in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... is the 26th day of the year in the Gregorian calendar. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ... is the 26th day of the year in the Gregorian calendar. ... Republic Day is the name of a public holiday in several countries to commemorate the day when they first became republics. ... The English language is a West Germanic language that originates in England. ... Hindi (DevanāgarÄ«: or , IAST: , IPA:  ), an Indo-European language spoken all over India in varying degrees and extensively in northern and central India, is one of the 22 official languages of India and is used, along with English, for central government administrative purposes. ...


The Constitution lays down the basic structure of government under which the people chose themselves to be governed. It establishes the main organs of government - the executive , the legislature and the judiciary. The Constitution not only defines the powers of each organ, but also demarcates their responsibilities. It regulates the relationship between the different organs and between the government and the people.


The Constitution is superior to all other laws of the country. Every law enacted by the government has to be in conformity with the Constitution. The Constitution lays down the national goals of India - Democracy, Socialism and National Integration. It also spells out the Fundamental Rights, Directive Principles and Duties of citizens.

Contents

History

The Cabinet Mission

World War II in Europe came to an end on May 9, 1945. In July, a new government came to power in the United Kingdom. The new British government announced its Indian Policy and decided to convene a constitution drafting body. Three British cabinet ministers were sent to find a solution to the question of India's independence. This team of ministers was called the Cabinet Mission.


The Cabinet Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body. Elections for the 296 seats assigned to the British Indian provinces were completed by July-August 1946. With the independence of India on August 15, 1947, the Constituent Assembly became a fully sovereign body. The Assembly began work on 9 December 1947.


The Constituent Assembly

The Constituent Assembly of India was the body that framed the constitution of India. The people of India elected the members of the provincial assemblies, who in turn elected the constituent assembly. Jawaharlal Nehru, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly. There were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi and R. K. Sidhwa. The Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Constitutional experts like Alladi Krishnaswamy Iyer, B. R. Ambedkar, B. N. Rau and K. M. Munshi Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh and Rajkumari Amrit Kaur were important women members. The Constituent Assembly of India was elected to write the Constitution of India, and served as its first Parliament as an independent nation. ... Jawaharlal Nehru (Hindi: , IPA: , from Persian Javâher-e Laal, meaning Red Jewel) (November 14, 1889 – May 27, 1964) was a political leader of the Indian National Congress, a pivotal figure in the Indian independence movement and the first Prime Minister of Independent India. ... Dr. Rajendra Prasad (Hindi: डाक्टर राजेन्द्र प्रसाद) (December 3, 1884 – February 28, 1963) was the first President of India. ... Vallabhbhai Patel (Gujarati: , Hindi: ; IPA: ) (31 October 1875 – 15 December 1950) was a political and social leader of India who played a major role in the countrys struggle for independence and guided its integration into a united, independent nation. ... Abul Kalam Muhiyuddin Ahmed (11 November 1888 – 22 February 1958) was an Muslim scholar and a senior political leader of the Indian independence movement. ... Syama Prasad Mookerjee (also spelled as Shyama Prasad Mukherjee) (July 6, 1901 – May 23, 1953) was the founder of the Bharatiya Jana Sangh. ... a person from Pars (the middle-Persian word for Fars), a region now within the geographical boundaries of Iran, and is roughly the original homeland of the Persian people. ... Harendra Coomar Mookerjee, first Indian PhD (from Calcutta University) in English Literature, philanthropist, later Vice-Chancellor, Calcutta University, then Chairman of the Minorities Committee of the Constituent Assembly of India. ... Alladi Krishnaswamy Iyer was an Indian lawyer of legendary fame. ... Dr. Bhimrao Ramji Ambedkar (Marathi: डा. भीमराव रामजी आंबेडकर) (April 14, 1891 — December 6, 1956) was an Indian jurist, scholar, Bahujan political leader and a Buddhist revivalist, who is the chief architect of the Indian Constitution. ... Kanhaiyalal Maneklal Munshi (December 30, 1887 - February 8, 1971) was an Indian freedom fighter from the state of Gujarat. ... G.V. Mavlankar Ganesh Vasudev Mavlankar was an Indian freedom fighter and the first Speaker of the Lok Sabha, the lower house of the Parliament of India. ... Sarojini Naidu (February 13, 1879 - March 2, 1949), known as Bharatiya Kokila (The Nightingale of India), was a child prodigy, freedom fighter, and poet. ... Durgabai Deshmukh, 1909 - 1981, was a prominent female social worker in India. ... Rajkumari Amrit Kaur (2nd February 1889, Lucknow – 2nd October 1964), born into the princely family of Kapurthala of undivided India, was an eminent Gandhian and freedom fighter. ...


The first president of the Constituent Assembly was Sachidanand Sinha but later, Rajendra Prasad was elected president of the Constituent Assembly while B. R. Ambedkar was appointed the Chairman of the Drafting Committee. The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and 18 days. Its sessions were open to the press and the public. It has been suggested that Satchidanand Sinha be merged into this article or section. ... Dr. Rajendra Prasad (Hindi: डाक्टर राजेन्द्र प्रसाद) (December 3, 1884 – February 28, 1963) was the first President of India. ... Dr. Bhimrao Ramji Ambedkar (Marathi: डा. भीमराव रामजी आंबेडकर) (April 14, 1891 — December 6, 1956) was an Indian jurist, scholar, Bahujan political leader and a Buddhist revivalist, who is the chief architect of the Indian Constitution. ...


Features

The Constitution of India draws extensively from Western legal traditions in its enunciation of the principles of liberal democracy. It is distinguished from many Western constitutions, however, in its elaboration of principles reflecting aspirations to end the inequities of traditional social relations and enhance the social welfare of the population. According to constitutional scholar Granville Austin, probably no other nation's constitution "has provided so much impetus toward changing and rebuilding society for the common good." Since its enactment, the constitution has fostered a steady concentration of power in the hands of the central government - especially the Office of the Prime Minister. This centralization has occurred in the face of the increasing assertiveness of an array of ethnic and caste groups across Indian society. Increasingly, the government has responded to the resulting tensions by resorting to the formidable array of authoritarian powers provided by the Constitution. However, a new assertiveness shown by the Supreme Court and the Election Commission suggests that the remaining checks and balances among the country's political institutions are resilient and capable of supporting Indian democracy. Furthermore regional parties are gaining popularity at the expense of national parties which has led to coalition governments at the centre. As a consequence, power is becoming more decentralised. Liberal democracy is a form of government. ... The Prime Minister of India is, in practice, the most powerful person in the Government of India. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... The Election Commission of India is a constitutional body created to hold free and fair elections in India. ...


The Constitution in its final form owes much to a number of different principles from various other Constitutions. The general structure of the Constitution's democratic framework was largely the work of B. N. Rau, a constitutional scholar of international standing. Supporters of independent India's founding father, Mohandas K. Gandhi, backed measures that would form a decentralized polity with strong local government — known as panchayat — in a system known as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of a parliamentary system of government and a federal system with a strong central government. Mohandas Karamchand Gandhi (October 2, 1869 – January 30, 1948) (Devanagari: मोहनदास करमचन्द गांधी), called Mahatma Gandhi, was the charismatic leader who brought the cause of Indias independence from British colonial rule to... // The Panchayat (पंचायत in Devanagiri) is an Indian political system that groups five villages in a quincunx (four peripheral villages around a central one were laid out as the 5 side of a die). ... The Panchayat is a South Asian political system. ... This page lists direct English translations of common Latin phrases, such as veni vidi vici and et cetera. ... Federalism can refer to either: The form of government, or constitutional structure, found in a federation. ...


Directive Principles empower government to bring social justice by way of creating exceptions to Fundamental rights. Indian constitution is Federal in normal circumstances while unitary in Emergency. The parliament is disable to disintegrate any part from the country but can integrate, accordingly Sikkim joined union in 1972. Parliament is also unable to levy income tax on agriculture income, but the State can. (Sapovadia 15:56, 13 November 2007 (UTC))


Features of the Indian Constitution adapted from other Sources

Upanishads The Upanishads (उपनिषद्, Upanişad) are part of the Hindu Shruti scriptures which primarily discuss meditation and philosophy and are seen as religious instructions by most schools of Hinduism. ...

  • Just treatment for all
  • Providing equal opportunities for all
  • Positive discrimination to help the downtrodden
  • Moralistic and common sense approach towards treatment of subjects

British Constitution The Constitution of the United Kingdom is the uncodified body of law and convention under which the United Kingdom is governed. ...

United States Constitution The Houses of Parliament, also known as the Palace of Westminster, in London. ... The Politics series Politics Portal This box:      The rule of law, in its most basic form, is the principle that no one is above the law. ... The Speaker of the Lok Sabha is the presiding officer of the lower house of Parliament of India. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

Irish Constitution This article needs to be cleaned up to conform to a higher standard of quality. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... A map displaying todays federations. ... The Constitution of Ireland (Irish: Bunreacht na hÉireann)[1] is the founding legal document of the state known today both as Ireland and as the Republic of Ireland. ...

French Constitution This article needs to be cleaned up to conform to a higher standard of quality. ... The current Constitution of France was adopted on October 4, 1958, and has been amended 17 times, most recently on March 28, 2003. ...

Canadian Constitution This article or section does not adequately cite its references or sources. ... The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ...

  • A quasi-federal form of government (a federal system with a strong central government)
  • The idea of Residual Powers

Australian Constitution Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...

  • Freedom of trade and commerce within the country and between the states
  • Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction

Constitution of U.S.S.R

  • Fundamental Duties u/a 51-A
  • A Constitutionally mandated Planning Commission to oversee the development of the economy

Weimar Constitution The Weimar Constitution in booklet form. ...

  • Emergency Provision u/a 356
  • Amendment of Constitution, South Africa
  • Due Procedure of Law, Japan
  • Concurrent List, Australia
  • Fundamental Duties, USSR

Unique Character of the constitution is filing Writ petition u/A 32, 226 and Sp. Application u/A 136, give powers to citizens for enforcing FR without any formal & complex procedure to follow. Five type of writ can be filed on simple post card! They are Writ of Mandamus, Certiorari, Quo Warranto, Habeas Corpus and Prohibition.


Preamble

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. [1]

The preamble is not a part of the Constitution of India as it is not enforceable in a court of law. However, the Supreme Court has, in the case of Kesavananda Bharati vs. The State of Kerala, recognized that the Preamble is a part of the Constitution and may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves. However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the article itself and should not be treated as a rights bestowing part of the Constitution. Look up sovereign in Wiktionary, the free dictionary. ... Socialism is a social and economic system (or the political philosophy advocating such a system) in which the economic means of production are owned and controlled collectively by the people. ... This article concerns secularity, that is, being secular, in various senses. ... For other uses, see Democracy (disambiguation). ... Look up republic in Wiktionary, the free dictionary. ... This article or section does not adequately cite its references or sources. ...


An interesting side note concerns the words "SOCIALIST" and SECULAR in the preamble. The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The two additional words "SOCIALIST" and SECULAR were introduced by the controversial 42nd amendment. The amendment was pushed through by Indira Gandhi in 1976, when she had dictatorial powers. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. This article concerns secularity, that is, being secular, in various senses. ... This article concerns secularity, that is, being secular, in various senses. ... A young Indira Nehru and Mahatma Gandhi, during one of the latters fasts Indira Priyadarshini Gandhi (Hindi: ) (19 November 1917 - October 31, 1984) She was the Prime Minister of India for three consecutive terms from 1966 to 1977 and for a fourth term from 1980 until her assassination in... Sardar Swaran Singh was chairperson of the committee entrusted with the responsibility of studying the Constitution of India in 1976 during the national emergency. ...


The importance of the Preamble

The wording of the Preamble highlights some of the fundamental values and guiding principles on which the Constitution of India is based. The Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. In a majority of decisions, the Supreme Court of India has it nor any of its content is legally enforcible. Judges may refer to the Book of Judges in the Bible more than one judge. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ...


The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the people of India. The Preamble lays down the most important national goals which every citizen and the government must try to achieve, such as socialism, secularism and national integration. Lastly, it lays down the date for the adoption of the Constitution - 26 November 1949. Socialism is a broad array of ideologies and political movements with the goal of a socio-economic system in which property and the distribution of wealth are subject to control by the community for the purposes of increasing social and economic equality and cooperation. ... This article is about secularism. ... is the 330th day of the year (331st in leap years) in the Gregorian calendar. ... Year 1949 (MCMXLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ...


Explanation of some of the important words in the Preamble

Sovereign

The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. “Sovereign” redirects here. ... Wikipedia does not yet have an article with this exact name. ...


Socialist

The word socialist was added to the Preamble by the 42nd amendment act of 1976. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Under social equality, everyone has equal status and opportunities. Economic equality in this context means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasizing a commitment towards the formation of a welfare state. The color red and particularly the red flag are traditional symbols of Socialism. ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... Caste systems are traditional, hereditary systems of social classification, that evolved due to the enormous diversity in India (where all three primary races met, not by forced slavery but by immigration). ... Color is an important part of the visual arts. ... For other uses, see Creed (disambiguation). ... This article or section does not cite its references or sources. ... There are three main interpretations of the idea of a welfare state: the provision of welfare services by the state. ...


India has adopted a mixed economy and the government has framed many laws to achieve the aim.


Secular

The word secular was inserted into the Preamble by the 42nd amendment act of 1976. It implies equality of all religions and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favour or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government-aided schools. Nevertheless, general information about all established world religions is imparted as part of the course in Sociology, without giving any importance to any one religion or the others. The content presents the basic/fundamental information with regards to the fundamental beliefs, social values and main practices and fesitivals of each established world religions. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution. Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ...


Democratic

India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as 'One man one vote'. Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education. Elections Part of the Politics series Politics Portal This box:      Suffrage (from the Latin suffragium, meaning vote) is the civil right to vote, or the exercise of that right. ...


Republic

As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The Post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country. For the documentary series, see Monarchy (TV series). ... Look up republic in Wiktionary, the free dictionary. ... The President of India (Hindi: Rashtrapati) is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. ...


Preamble plays pivotal role when there is ambiguity in provisions of any Article or interpretation becomes confusing, spirit of preamble becomes guiding factor. Preamble is stem, root and source of constitution.


Schedules

Schedules can be added to the constitution by amendment. The twelve schedules in force cover the designations of the

  1. States and Union Territories;
  2. Emoluments for High-Level Officials;
  3. Forms of Oaths;
  4. Allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of Parliament) per State or Union Territory;
  5. Provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions);
  6. Provisions for the administration of tribal areas in Assam;
  7. The Union (central government), State, and Concurrent (dual) lists of responsibilities;
  8. The Official Languages;
  9. Article 31B-Validity excluded from Court’s Review (land and tenure reforms; the association of Sikkim with India);
  10. Anti-Defection provisions for Members of Parliament and Members of the State Legislatures;
  11. Panchayat Raj (Rural Development);
  12. Municipality (Urban Planning).

Executive President Vice-President Prime Minister Dy. ... Tribal peoples in India comprise a substantial minority of the population of India. ... , Sikkim (Nepali:  , also Sikhim) is a landlocked Indian state nestled in the Himalayas. ...

Amendments

Methods of Amendment

  • By simple majority of the Parliament: Amendments in this category can be made by a simple majority of members present and voting, before sending them for the President's assent.
  • By special majority of the Parliament: Amendments can be made in this category by a two-thirds majority of the total number of members present and voting, which should not be less than half of the total membership of the house.
  • By special majority of the Parliament and ratification of at least half of the state legislatures by special majority. After this, it is sent to the President for his assent. [2]

Basic structure of constitution can not be amended by any means. The principles of Basic Structure and liberal interpretation of Fundamental Rights are well discussed in famous cases like - Keshvanand Bharti, Maneka Gandhi, Minerava Mills, Bonded Labour, Bhopal Gas tragedy case etc. The method of amendment was borrowed from South African constitution. The constitution laid down three lists - namely; Union, State and Concurrent. The union law is powerful compared to State, but if The president has given assent to the State law, than it prevails over Union Law. (Sapovadia 16:05, 13 November 2007 (UTC))


On paper, an amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, the Constitution is one of the most frequently amended governing documents in the world; amendments average about two a year. The document outlines governmental powers in considerable detail, meaning that amendments are required to deal with matters addressed by ordinary statute in most other democracies. Executive President Vice-President Prime Minister Dy. ...


In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. The State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai, have argued that this is an usurpation of amending power by the judiciary, which was never intended by the framers of the Constitution. However, it can be argued that this doctrine is necessary to protect basic human rights from being legislated away. Amendment 44 has repelled many of 42nd amendments during Morarj Desai's Janata Party raj in 1977. The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... This article or section does not adequately cite its references or sources. ... The Basic Structure doctrine is the judge-made doctrine whereby certain features of the Constitution of India are beyond the limit of the powers of amendment the Parliament of India. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ... Thirty-ninth Amendment of the Indian Constitution was passed by the Indian parliament on September 26, 1975 in Indian Emergency (1975 - 77). ... Human rights are rights which some hold to be inalienable and belonging to all humans. ...


There have been a total of 94 amendments to the constitution of India, as of 2006. It has crossed now 100 mark. One of the major amendment (74) was to reserve one third of PRIs seat for women made landmark for affirmative actions to empower women, and hence after 1994, more than one million women can enter in politics to share power with man. (Sapovadia 16:01, 13 November 2007 (UTC))


Articles

  • Part I - consists of Articles 1 - 4 on the Union and its Territory
  • Part II - consists of Articles 5 - 11 on Citizenship.
  • Part III - consists of Articles 12 - 35 on Fundamental Rights.
  • Articles 14 - 18 on Right to Equality,
  • Articles 19 - 22 on Right to Freedom,
  • Articles 23 - 24 on Right against Exploitation,
  • Articles 25 - 28 on Right to Freedom of Religion,
  • Articles 29 - 30 on Cultural and Educational Rights,
  • Article 31 on Right to Property (Repealed) and Saving of Laws,
  • Articles 32 - 35 on Right to Constitutional Remedies.
  • Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
  • Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.
  • Part V - consists of Articles on the Union.
Chapter I - Articles 52 to 78 on The Executive.
Chapter II - Articles 79 - 122 on Parliament.
  • Articles 79 - 88 on Constitution of Parliament,
  • Articles 89 - 98 on Officers of Parliament,
  • Articles 99 - 100 on Conduct of Business,
  • Articles 101 - 104 on Disqualification of members,
  • Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
  • Articles 107 - 111 on Legislative Procedure,
  • Articles 112 - 117 on Procedure in Financial Matters,
  • Articles 118 - 122 on Procedure Generally.
Chapter III - Article 123 on the Legislative Powers of the President.
  • Article 123 on Power of president to promulgate Ordinances during recess of Parliament
Chapter IV - Articles 124 - 147 on The Union Judiciary.
  • Articles 124 - 147 Establishment and Constitution of the Supreme Court
Chapter V - Articles 148 - 151 on the Controller and Auditor-General of India.
  • Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.
  • Part VI - Articles on the States.
Chapter I - Article 152 on the General definition of a State of the Union of India
  • Article 152 - Exclusion of the state of Jammu and Kashmir from the general definition of a state of the Union of India.
Chapter II - Articles 153 - 167 on The Executive
  • Articles 153 - 162 on The Governor,
  • Articles 163 - 164 on The Council of Ministers,
  • Article 165 on the Advocate-General for the State.
  • Articles 166 - 167 on the Conduct of Government Business.
Chapter III - Articles 168 - 212 on The State Legislature.
  • Articles 168 - 177 General
  • Articles 178 - 187 on the Officers of the State Legislature,
  • Articles 188 - 189 on Conduct of Business,
  • Articles 190 - 193 on Disqualification of members,
  • Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
  • Articles 196 - 201 on Legislative Procedure,
  • Articles 202 - 207 on Procedure in Financial Matters,
  • Articles 208 - 212 on Procedure Generally.
Chapter IV - Article 213 on the Legislative Powers of the Governor
  • Article 213 - Power of governor to promulgate Ordinances during recess of Assembly of state.
Chapter V - Articles 214 - 231 on The High Courts in the States.
Chapter VI - Articles 233 - 237 on the Subordinate Courts
  • Articles 232 - 237 on Subordinate Courts
  • Part VII - consists of Articles on States in the B part of the First schedule.
  • Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
  • Part VIII - consists of Articles on The Union Territories
  • Articles 239 - 242 Administration, creation of Council of Ministers and High Courts
  • Part IX - consists of Articles on the Panchayat system.
  • Articles 243 - 243O on the Gram Sabha and Panchayat system
  • Part IXA - consists of Articles on Municipalities.
  • Articles 243P - 243ZG on Municipalities
  • Part X - consists of Articles on the scheduled and Tribal Areas
  • Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.
  • Part XI - consists of Articles on Relations between the Union and the States.
Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers
  • Articles 245 - 255 on Distribution of Legislative Relations
Chapter II - Articles 256 - 263 on Administrative Relations
  • Articles 256 - 261 - General
  • Article 262 - on Disputes relating to waters.
  • Article 263 - on Co-ordination between States
Chapter I - Articles 264 - 291 on Finance
  • Articles 264 - 267 General
  • Articles 268 - 281 on Distribution Revenues between the Union and the States
  • Articles 282 - 291 on Miscellaneous Financial Provisions
Chapter II - Articles 292 - 293 on Borrowing
Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and Suits
  • Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Chapter IV - Article 300A on the Right to Property
  • Article 300A - on Persons not to be deprived of property save by authority of law
  • Part XIII - consists of Articles on Trade and Commerce within the territory of India
  • Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same
  • Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
  • Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.
  • Part XIV - consists of Articles on Services Under the Union and the States
Chapter I - Articles 308 - 314 on Services
  • Articles 308 - 313 on Services
  • Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f. 29-8-1972).
Chapter II - Articles 315 - 323 on the Public Service Commissions
  • Articles 315 - 323 on Public Service Commissions
  • Part XIVA - consists of Articles on Tribunals
  • Articles 323 A - 323 B
  • Part XV - consists of Articles on Elections
  • Articles 324 - 329 on Elections
  • Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
  • Part XVI - consists of Articles on Special Provisions Relating to certain Classes.
Chapter I - Articles 343 - 344 on Language of the Union
  • Articles 343 - 344 Official Language of the Union
  • Chapter II - Articles 345 - 347 on Regional Languages
  • Articles 345 - 347 on Language of the State
Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc
  • Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Chapter IV - Articles 350 - 351 on Special Directives
  • Article 350 - on Language to be used in representations for redress of grievances.
  • Article 350A - on Facilities for instruction in mother-tongue at primary stage.
  • Article 350B - on provision for Special Officer for linguistic minorities.
  • Article 351 - on Directive for development of the Hindi language.
  • Part XVIII - consists of Articles on Emergency Provisions
  • Articles 352 - 359 on Emergency Provisions
  • Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989, s. 3

(w.e.f. 6-1-1990). Citizen redirects here. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Egalitarianism (derived from the French word égal, meaning equal or level) is a political doctrine that holds that all people should be treated as equals from birth. ... For other uses, see Freedom. ... Exploitation means many different things. ... The word culture, from the Latin colo, -ere, with its root meaning to cultivate, generally refers to patterns of human activity and the symbolic structures that give such activity significance. ... The President of India (Hindi: Rashtrapati) is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. ... The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. ... A minister or a secretary is a politician who heads a government ministry or department (e. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... Sansad Bhavan, The Parliament of India The Parliament of India (or Sansad) is bicameral. ... Decree is an order that has the force of law. ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... Audit can refer to: Telecommunication audit Financial audit Performance audit Completion of a course of study for which no assessment is completed or grade awarded; especially audit is awarded to those who have elected not to receive a letter grade for a course in which letter grades typically awarded. ... This article is about the area administered by India. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... A privilege is an honour, or permissive activity granted by another person or even a government. ... Immunity confers a status on a person or body that makes that person or body free from otherwise legal obligations such as, for example, liability for damages or punishment for criminal acts. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Impact from a water drop causes an upward rebound jet surrounded by circular capillary waves. ... Finance studies and addresses the ways in which individuals, businesses, and organizations raise, allocate, and use monetary resources over time, taking into account the risks entailed in their projects. ... This article or section does not cite any references or sources. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In business, revenue is the amount of money that a company actually receives from its activities, mostly from sales of products and/or services to customers. ... Borrowing can refer to: The use of loanwords. ... It has been suggested that Commerce be merged into this article or section. ... This article does not cite any references or sources. ... A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... An election is a decision making process whereby people vote for preferred political candidates or parties to act as representatives in government. ... Reservation in Indian law is a term used to describe the governmental policy whereby a percentage of seats are reserved in the Parliament of India, State Legislative Assemblies, Central and State Civil Services, Public Sector Units, Central and State Governmental Departments and in all Public and Private Educational Institutions, except... Indian constitution recognizes 22 languages as National languages 1. ... Hindi (हिन्दी) is a language spoken mainly in North and Central India. ...

Article 360 - on Provisions as to financial emergency.
  • Part XIX - Miscellaneous
  • Articles 361 - 361A - Miscellaneous
  • Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
  • Articles 363 - 367 - Miscellaneous
  • Part XX - consists of Articles on Amendment of the Constitution
  • Articles 368 on the Power of parliament to amend the constitution and procedure therefor
  • Part XXI - consists of Articles on Temporary, Transitional and Special Provisions
  • Articles 369 - 378A on Temporary, Transitional and Special Provisions
  • Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956,

s. 29 and Sch.

  • Article 392 - on the Power of the President to remove difficulties.
  • Part XXII consists of Articles on short title, date of commencement, Authoritative text in Hindi and Repeals.
  • Articles 393 - 395 Commencement, authoritative text in Hindi and repeals [3]

Hindi (DevanāgarÄ«: or , IAST: , IPA:  ), an Indo-European language spoken all over India in varying degrees and extensively in northern and central India, is one of the 22 official languages of India and is used, along with English, for central government administrative purposes. ...

See also

The constitution of Bangladesh is the supreme law in Bangladesh. ... There have been several documents known as the Constitution of Pakistan. ...

Notes

  1. ^ Source: Preamble of the Constitution of India
  2. ^ For the full text of methods of Constitutional amendment see here
  3. ^ Source: Constitution of India

References

Wikisource has original text related to this article:
Constitution of India
  • Social Science – Part II: Indian National Council of Educational Research and Training textbookISBN 81-7450-351-X

Image File history File links Wikisource-logo. ... The original Wikisource logo. ...

External links

  • official online version (nic.in; .doc format, in English and Hindi)
  • Online version of Constitution of India, 1949

In computing, DOC or doc (short for document) is a common file extension, traditionally used for documentation in plain-text format, particularly of programs or computer hardware, on a wide range of operating systems. ...


  Results from FactBites:
 
Constitution of India - Wikipedia, the free encyclopedia (3698 words)
The Constitution of India was passed by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 1950.
The Constitution of India draws extensively from Western legal traditions in its enunciation of the principles of liberal democracy.
The preamble is not a part of the Constitution of India as it is not enforceable in a court of law.
India - Wikipedia, the free encyclopedia (3715 words)
India is referred to as the largest democracy in the world, by virtue of the fact that it has the largest electing population among democratic countries.
The territory of India constitutes a major portion of the Indian subcontinent, situated on the Indian Plate, the northerly portion of the Indo-Australian Plate, in southern Asia.
India is the second fastest growing major economy in the world, with a GDP growth rate of 8.4%, as of the first quarter of 2006.
  More results at FactBites »


 

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