The Constitution of India

The Constitution of India

                     

SCHEDULES  IN  CONSTITUTION

First Schedule List of States and Union Territories.
Second Schedule Salary of President, Governors, Chief Judges, Judges of High Court and Supreme Court, Comptroller and Auditor General.
Third Schedule Forms of Oaths and Affirmations.
Fourth Schedule Allocate seats for each State of India in Rajya Sabha.
Fifth Schedule Administration and control of Scheduled Areas and Tribes.
Sixth Schedule Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh.
Seventh Schedule Gives allocation of power & functions between Union & States. It contains 3 lists.

1.      Union List (for Central Govt.): 97 subjects

2.      States List (Powers of State Govt.): 66 subjects

3.      Concurrent List (Both Union & States): 47 subjects

Eighth Schedule List of 22 languages of India recognized by constitution.

1.      Assamese                                     2. Bengali

3 .    Gujarati                                        4.Hindi

5 .    Kannada                                       6. Kashmiri

7 .    Konkani                                        8. Malyalam

9 .    Manipuri                                      10. Marathi

11 .   Nepali                                           12. Oriya

13 .   Punjabi                                        14. Sanskrit

15 .   Sindhi                                          16. Tamil

17 . Telegu                                            18. Urdu

19 . Santhali                                         20. Bodo

21.  Maithili                                         22. Dogri                    

 

[Sindhi was added in 1967 by 21st amendment] [ Konkani, Manipuri and Nepali were added in 1992 by 71st amendment]             

[ Santhali, Maithili, Bodo and Dogri were added in 2003 by 92nd           amendment]
Ninth Schedule Added by 1st amendment in 1951. Contains acts and orders related to land tenure, Land tax, railways, Industries. [Rights of Property not a fundamental right now].
Tenth Schedule Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection.
Eleventh Schedule By 73rd amendment in 1992. Contains provisions of  Panchayati Raj.
Twelfth Schedule By 74th amendment in 1992. Contains provisions of  Municipal Corporation.

FUNDAMENTAL  RIGHTS

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.
Constitution of India

Our Constitution acts as the Center of the wheel around which the democracy sustains itself

  RIGHT  TO  FREEDOM 

Article 19 It guarantees the citizens of India the following six fundamental freedoms: 

(a)    Freedom of Speech and Expression.

(b)   Freedom of Assembly.

(c)    Freedom to form Associations.

(d)   Freedom of Movement.

(e)    Freedom of Residence and Settlement.

(f)    Freedom of Profession, Occupation, Trade or Business.

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  RIGHTS

Article 29 Protection of interests of minorities.
Article 30 Right of minorities to establish and administer educational institutions.
Article 31 Omitted by the 44th Amendment Act.

RIGHTS  TO  CONSTITUTIONAL  REMEDIES

Article 32 The right to move the Supreme Court in case of their violation (called the Soul and heart of the constitution by B R Ambedkar)

 

NOTE   To enforce the Fundamental Rights, the Supreme Court is empowered under  

               Article 32 to issue writs of various forms.           

 

FORMS  OF  WRITS

Habeas Corpus Literally means ‘to have the body’. Implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained 
Mandamus Literally means a ‘command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty.
Quo Warranto An order issued by the court to prevent a person from holding office to which he is not entitled & to oust him from the office.
Certiorari It is a Writ, which orders the removal of a suit from an inferior court to a superior court. (For speedy justicy). 
prohibition By a higher court to stop proceedings in a lower court on the ground of over-stepping of jurisdiction or isolation of the rules of natural justice.

THE  NEW  STATES  CREATED  AFTER  1950

Andhra Pradesh Created by the State of Andhra Pradesh Act, 1953 by carving out some areas from the state of Chennai.
Gujarat and Maharashtra The State of Mumbai was divided into two States i.e., Maharashtra and Gujarat by the Mumbai (Reorganisation) Act, 1960.
Kerala Created by the State Reorganisation Act, 1956. It comprised Travancon and Cochin areas.
Karnataka Created from the Princely State of Mysuru by the State Reorganisation Act 1956. It was renamed Karnataka in 1973.
Nagaland It was carved out from the State of Assam by the State of Nagaland Act, 1962.
Haryana It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966.
Himachal Pradesh The Union Territory Himachal Pradesh was elevated to the status of State by the State of Himachal Pradesh Act, 1970.
Meghalaya First carved out as a sub-State within the State of Assam by 23rd Constitutional Amendment Act, 1969. Later, in 1971, it received the status of a full-fledged State by the North-Eastern Areas (Reorganisation) Act, 1971.
Manipur and Tripura Both these States were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation) Act, 1971.
Sikkim Sikkim was first given the status of Associate State by the 35th                  Constitutional Amendment Act, 1974. It got the status of a full State in 1975 by the 36th Amendment Act, 1975.
Mizoram It was elevated to the status of a full State by the State of Mizoram Act, 1986.
Arunachal Pradesh It received the status of a full State by the State of Arunachal Pradesh Act, 1986.
Goa Goa was separated from the Union Territory of Goa, Daman and Diu and was made a full-fledged State by the Goa, Daman and Diu Reorganisation Act 1987. But Daman and Diu remained as Union Territory.
Chhattisgarh Formed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh on November 1, 2000.
Uttarakhand Formed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on November 9, 2000.
Jharkhand Formed by the Constitutional Amendment Act, 2000 by dividing Bihar on November 15, 2000.
Telangana Formed by the Andhra Pradesh Reorganisation Act, 2014 by dividing Andhra Pradesh on June 2, 2014.

PARTS  OF  THE  CONSTITUTION

Part – I (Article 1-4) Deals with territory of India formation of new states, alterations,names of existing states.
Part – II (Article 5-11) Deals with various rights of citizenship.
Part –III (Art.12-35) Deals with fundamental rights of Indian citizens. [Art. 31- dealing with the right to property was deleted by 44th amendment].  
Part- IV (Art.36-51) Deals in Directive Principles of State Policy.
Part-IV-A (Art.51A) Added by 42nd amendment in 1976. Contains the duties of the citizens.
Part-V (Art.52-151) Deals with Govt. at the union Level. (Duties & function of PM, Ministers, President, Attorney General, Parliament – Lok Sabha & Rajya Sabha, Comptroller & Auditor General).
Part-VI (Art.152-237) Deals with Govt. at State Level. (duties & functions of Chief Minister & his ministers, Governor, State legislative, High Court, Advocate General of the State).
Part-VII (Art.238) Deals with States, was replaced in 1956 by the 7th amendment.
Part-VIII (Art.239-241) Deals with Union Territory.
Part-IX Consists of  2 parts:

1.      Added by the 73rd amendment in 1992. Contains a new schedule ‘SCHEDULE ELEVEN’. It contains 29 subjects related to Panchayati Raj (They have been given Administrative powers).

2.      Added by 74th amendment in 1992. Contains a new schedule ‘SCHEDULE TWELVE’. It contains 18 subjects related to Municipalities (They have been given administrative powers).

Part-X (Art. 244, 244 A) Deals with scheduled & Tribal Areas.
Part-XI (Art. 245-263) Deals with relation between Union & States.
Part-XII (Art.264-300A) Deals with distribution of revenue between Union & States, Appointment of  Finance Commission (Article-280), Contracts, Liabilities etc.
Part- XIII (Art. 301-307) Relates to Trade, Commerce & intercourse within the Territory of India. 
Part-XIV (Art.308-323) Deals with UPSC and Public Service Commissions.
Part-XIV-A (Art.323A,323B) By 42nd amendment in 1976. Deals with administrative tribunals set up by parliament to hear disputes & complaints regarding Union, States or Local govt. employees.
Part-XV (Art.324-329) Deals with elections (all Election Commission).
Part-XVI (Art. 330-342) Deals with special provisions for Scheduled castes & Scheduled Tribes & Anglo-Indian Representation.
Part-XVII (Art.343-351) Relates to official language.
Part-XVIII (Art.352-360) Deals with emergency Provisions.
Part-XIX (Art.361-367) Exemption of criminal proceedings for their official acts as President& Governors.
Part-XX (Art.368) Deals with Amendment of Constitution.
Part-XXI (Art.369-392) [Art- 396 gives temporary powers to the Parliament to make laws for State list].

[Art.-370 contains temporary provisions of J & K – Restricts the Parliament to make laws for the State].
Part-XXII (Art. 393- 395) Concerns the short title, commencement and repeal of the constitution.

 

 

                                                       

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