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Sources of the Indian Constitution Union and its Territories (Article 1-4)
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UK
• Rule of Law 1. The Constitution says,'"India, that is Bharat,
• Cabinet System shall be a Union of States".
• Prerogative Writs 2. Admission or establishment of new States.
• Parliamentary Government 3. The Constitution empowers the Parliament
• Bicameral Parliament to form new States and to alter the areas,
• CAG Office boundaries or names of existing States.
• Single Citizenship Jammu and Kashmir has been given special
• Law making procedures status under Article. 370.
USA
• Written Constitution Citizenship (Article 5-11)
• Vice-President as the Ex-officio
• Chairman of Upper House
( ukxfjdrk)
• Fundamental Rights The Citizenship Act of 1955 prescribe five
• Supreme Court ways to acquire citizenship of India
• Provision of States
1. By birth
• Independence of Judiciary and
2. By descent
• Judicial Review
• Preamble 3. By registration
USSR (Russia) 4. By naturalisation
• Fundamental Duties 5. By incorporation
• USSR Three modes of losing citizenship
Australia 1. Renunciation
• Concurrent List
2. Termination
• Joint sitting in the Preamble
3. Deprivation
Japan
• Procedure established by law
Fundamental Rights
Germany
• Suspension of Fundamental ( ewyvf/dkj)
• Rights during the Emergency
Rights to Equality (Article 14-18)
Canada
• Scheme of federation with a strong Centre • Equality before Law (Article ] 4).
• Distribution of powers between the Centre • Prohibition of discrimination on grounds of
and the States and placing Residuary Powers religion, race, caste, sex or place of birth.
with the Centre (Article 15")
Ireland • Equality of opportunity in matters of public
employment. (Article 16)
• Concept of Directive. Principles of State Policy.
• Abolition of untouchability (Article 17).
• Method of election of the President
South Africa • Abolition of titles. (Article 18)
• Procedure for amendment of Africa the Rights to Freedom (Article 19-22)
• Constitution and election of member of • Protection of certain rights regarding; Speech
and expression assembly association,
Rajya Sabha
movement, residence, and profession (Article 19)
France
• Protection in respect of conviction for
• Republic and the ideals of
offences. (Article 20)
• Liberty equality and fraternity in the
• Protection of life and personal liberty
Preamble.
(Article 21).
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Rights to Constitutional Remedies
• Right to move to the Supreme Court (Article
32) and the High Courts (Article 226) in case
of violation of the Fundamental Rights BR (Article 51A)
Ambedkar called Article 32 as the Heart and It was inserted by the 42nd Amendment Act
Soul of the Constitution. in 1976 on the recommendations of Swarn
• Article 32 (4) shall not be suspended except Singh Committee and it was taken from
according to t he provisions of the erstwhile Constitution of USSR.
Constitution. It shall be the duty of every citizen of India
(a) to abide by the Constitution and respect its • Election Indirectly elected through Electroal
ideals and institutions, the National Flag and College consisting of elected members of both
the National struggle for freedom. the Houses of the Parliament and elected
(b) to cherish and follow the noble ideals which members of the Legislative Assemblies of the
inspired our national struggle for freedom. States.
(c) to uphold the sovereignty unity and integrity • According to the 70th Amendment Act 1992,
of India. the expression States that include the
National Capital Terriroty of Delhi and the
(d) to defend the country and render national
Union Territory of Puducherry. Members of
service, when called upon to do so.
the Legislative Councils have no right to vote
(e) to promote harmony and the spirit of common in the Presidential election.
brotherhood amongst all the people of India,
• Supreme Court decides all disputes regarding
transcending religious, linguistic and
President’s election.
regional or sectional diversities; to renounce
practices derogatory to the dignity of women. • Tenure The term is 5 years though there is
no upper limit on the number of times a
(f) to value and preserve the rich heritage of
person can become the President (Article 57).
our composite culture.
He can give resignation to the Vice-President
(g) to protect and improve the natural before the full-term.
environment including forests, lakes, rivers
• The salary of the President is Rs. 150000 per
and wildlife and to have compassion for living
month
creatures.
• In case, the office of the President falls
(h) to develop the scientific temper, humanism
vacant due to death, resignation or removal,
and the spirit of enquiry and reform.
the Vice- President acts as the President.
(i) to safeguard public property and to abjure
• If he is not available then Chief Justice of
violence.
India, if not then the senior most Judge of
(j) to strive towards excellence in all spheres of the Supreme Court shall act as the President
individual and collective activity, so that the of India.
nation constantly rises to higher levels of
The first and only President who died
endeavour and achievement.
in the office, was Dr Zakir Hussain. He was
The 86th Amendment Act, 2002 inserted also the President with the shortest tenure.
Article 51A (K), "each parent or guardian to
provide opportunities for education to his Powers of President (jk"Vªifr dh 'kfDr;k¡)
child or ward between the age of 6 and 14
years." • He is the formal head of the administration.
• The President shall have the power to
THE PRESIDENT appoint and remove high authorities like,
(jk"Vªifr)
the Prime Minister, other Ministers of the
Union, Judges. Governors of States and
• Executive Head of the State and the first appoints Chiefs of Army, Navy and Air Force.
citizen of India. • He nominates 12 members of the Rajva
• The 42nd Amendment of the Constitution has Sabha from persons of literature, art, science
made it obligatory on the part of the President and social work and 2 members in the Lok
to accept the advice of the Council of Sabha of the Anglo-Indian Community.
Minister. However, 44th Amendment Act • Declares wars and concludes peace, subject
amended the word ‘obligatory’ and added that to the approval of the Parliament.
‘President can sent the advice f or • President has the Veto power.
reconsideration’. • Under Article 72, the President has the
• Qualifications Must be a citizen of India; of power to grant pardons, reprieves, i cspites
35 years in age; eligible to be a member of or remission of punishment or to .iispend,
the Lok Sabha and must not hold any office remit or commute the sentence "I any
of profit. person convicted with death sentence.
• If the Government is defeated in the Lok • The Rajya Sabha is a Permanent House and
Sabha, the Prime Minister and the entire is not subject to dissolution and members
cabinet must resign, however, if defeated In enjoy its a tenure of six years. However, one-
llu Kajya Sabha, resignation is not obligatory, third of the members retire every second
years (Article 83).
MAJOR FACTS
• It shares legislative powers with the Lok
• Jawaharlal Nehru was the first Prime Sabha, except in the case of Money Bill where
Minister and the longest serving so far. the Lok Sabha has overriding powers.
• The first and the 'only' acting Prime Minister
was Gulzarilal Nanda. LOK SABHA (yksdlHkk)
• Lal Bahadur Shastri was the first PM who (People's House)
died abroad, while in office at Takshent. • The Lok Sabha is the Lower House of the
Gulzarilal Nanda has acted twice as the Parliament and its first sitting took place on
Prime Minister. 13th May, 1952. The current Lok Sabha is
• Chaudhary Charan Singh was the only PM the 16th constituted Lok Sabha.
who did not face Parliament, while being in • Three Sessions of the Lok Sabha are held
office. every year, namely Budget Session (February
• The youngest Prime Minister was Rajeev to May); Monsoon Session (July to
Gandhi and the oldest Prime Minister was September); and Winter Session (November
Morarji Desai. to December).
• AB Vajpayee (May 1996-June 1396) • Members 530 from States, 20 from Union
government had the shortest tenure (13 days). territories and 2 nominated by the President,
(laln)
from the Anglo Indian Community.
PARLIAMENT • Election The representatives of the states
are directly elec ted by the people of the states
• Legislature of the Union is called the
(in the basis of adult suffrage. Qualifications
Parliament and consists of the Rajya Sabha
(Council of States), the Lok Sabha (House of for Members of the Parliament
the People) and the President (Article 79). Article 84 provides for the eligibility for
• The business of Parliament is transacted member ship of t he Par liament . The
either in Hindi or in English. However, the conditions are
Presiding Officers of the two Houses may (a) citizen of India;
permit any member to address the House in (b) at least 25 years of age for the Lok Sabha
his/her mother tongue too. and 30 years of age for the Rajya Sabha; and
RAJYA SABHA (jkT;lHkk) (c) possess such other qualifications as may be
prescribed by the Parliament.
(Council of States)
Bills It may be classified as Ordinary, Money,
• The Rajya Sabha is the Upper House of the
Financial and Constitutional Amendments.
Parliament and the first sitting of the Rajya
Sabha was held on 3rd April, 1952. • The Ordinary Bills can be introduced in
• The maximum permissible strength of the cither House of the Parliament, but Money
Rajya Sabha is 250. Of these 238 members Bill can be initiated only in the House of tlie
are elected indirectly from the States and People.
Union Territory and 12 are nominated by the • After a Money Bill has been passed by the
President for their expertise in art, literature Lok Sabha, it is sent to the Rajya Sabha for
science and social services (Article 80) deliberations. The Rajya Sabha is given 14
• Currently, the strength of the Rajya Sabha days to make recommendations, which can
is 245. Of these, 229 members are elected be accepted or not by the Lok Sabha.
from States and 4 members represent Union • Article 111 stipulates that a Money Bill
Territories and 12 members are nominated cannot be returned to the House by the
by the President. President for reconsideration.
Ph: 011-27607854, (M) 8860-333-333 6
Centres at: MUKHERJEE NAGAR MUNIRKA UTTAM NAGAR DILSHAD GARDEN ROHINI BADARPUR JAIPUR GURGAON NOIDA
LAXMI NAGAR GHAZIABAD MEERUT VARANASI ROHTAK PANIPAT SONEPAT PATNA AGRA CHANDIGARH LUCKNOW ALLAHABAD
Dr. Omkar Nath Sir
Speaker of the Lok Sabha (yksdlHkkè;{k) other judges is Rs. 90000). Removal of
Judges Judges can be removed only on the
• As soon as a new Lok Sabha is constituted, grounds of proven misbehaviour or
the President appoints a Speaker pro-tem, incapacity. Judges can be removed only by a
who is generally the senior most member of resolution of both Houses of Parliament
the House. supported by a majority of total membership
• Speaker is the head of Lok Sabha. He/She of both the Houses and 2/3 of members
is elected from amongst the members of Lok present and voting. The first Judge against
Sabha. The Speaker of the Lok Sabha whom the proceedings were initiated was V
conducts the business in the House. A Ramaswami (1993) and the second one is
Deputy Speaker is also elected to officiate in Soumltra Sen (2011).
the absence of the Speaker.
Jurisdiction (Article 131) {ks=kkf/dkj
MAJOR FACTS The Supreme Court has original, appellate,
advisory and writ jurisdictions.
• GV Mavlankar was the first Speaker ol the
Lok Sabha (1352-1956). • Original Jurisdiction means that certain
tvpes of cases can originate with the Supreme
• MA Ayyangar was the first Deputy Speaker Court only. The Supreme Court has original
(1952-1956). jurisdiction in (a) disputes between the
• Dr Balram Jakhar was the longest serving centre and one or more States; (b) disputes
Speaker (1980-1989). between the Centre and any State(s) on one
• GMC Balyogi is the first Speaker to die in side and one or more States on the other
the office (1998-2002). side; (c) disputes between two or more States;
and (d) disputes regarding the enforcement
• Meira Kumar is the first woman speaker of of Fundamental Rights.
the Lok Sabha (2009 2013).
• Appellate Jurisdiction means that appeals
• Sumitra Mahajan (2014-Present) against judgements of lower courts can be
referred to it. The Supreme Court is the
SUPREME COURT (loksZPp U;k;ky
;) highest court of appeal in the country. Three
types of cases fall within its appellate
The Supreme Court of India was inaugurated jurisdiction, namely, constitutional cases,
on 28 January, 1950. Presently, the Supreme civil cases and criminal cases.
Court consists of 31 Judges in which 1 Chief
Justice and 30 other Justices. A small Bench, MAJOR FACTS
with two to three Justices, is called a Division
• The first Chief Justice of India was HJ Kania
Bench. A large Bench, with five or more Justices,
(1950-51).
is called a Constitutional Bench.
• The shortest tenure so far is of KN Singh
Tenure and Qualification
(25th November, 1991—12th December,
• Judges of the Supreme Court are appointed 1991).
by the President and retire at the age of 65.
• The longest tenur e, so f ar is of YV
• The qualifications are (a) must be a citizen Chandrachud (1978-85).
of India; (b) a Judge of a High Court for at
• The first woman Judge of the Supreme Court
least 5 years; (c) an advocate of a High Court
was Justice Fatima Beebi In 1987 and the
for at least 10 years should be a distinguished
second woman Justice was Gyan Sudha
jurist in the opinion of the President.
Mishra in 2010.
• It is clear that Const itution has not
• TS Thakur 43rd (Present) CJI.
prescribed a minimum age for appointment
as a judge of the Supreme Court.
• Advisory Jurisdiction refers to the process
Independence of Judges (Article 125) The
where the President seeks the court's advice
salaries and allowances of Judges are
on legal matters (Article 143) The Supreme
charged from the Consolidated Fund of India
Court is a court of record (Article 129).
(Present salary of the CJI is Rs. 00000 and of
local bodies, namely. Nagai Panchayat, different States. Likewise, a political party
Municipal Council and Municipal shall be entitled to be recognised as a State
Corporation. party, if
• The first Municipal Corporation in India was (i) It secures at least 6% of the valid votes
introduced in Madras in 1688. I'lie Madras polled in the State at a general election,
Municipal Corporation is the first municipal either to the House of the People or to be
body in the whole commonwealth outside the Legislativ e Assembly of the State
UK. The Bombay and Calcutta Corporations concerned; and
were established in 1726. (ii) In addition, it wins at least two seats in the
• Municipal Corporations are established in Legislativ e Assembly of the State
dlies with population greater than 1 million. concerned.
• Nagar Panchayat administers urban areas or
li.iving population greater than 30000 and It wins at least 3% of the total number of
less than 100000. seats in the Legislative Assembly of the State
• Municipal Council administers an ui ban or at least three seats in the Assembly,
area of population 200000 or less. whichever is more. For elections of President
and Vice-President, election petitions can only
ELECTIONS (Article 324-329) be filed with the Supreme Court.
(pquko) UNION PUBLIC SERVICE COMMISSION
• Article 324 st ipulates that the
superintendence, direction and control of (la?k yksd lsok vk;ksx)
elections shall be vested in the Election
Commission. UPSC
• Article 325 provides for a single electoral roll • Constitution provides a Public Service
for every constituency. Also stipulates that Commission for the Union, a Public Service
no person shall be eligible or ineligible for Commission for each state or a Joint Public
inclusion in electoral rolls on the basis of Service Commission for a group of states.
race, religion, caste or sex. • The appointment is done by the President in
• Article 326 stipulates that elections shall case of the Union or Joint Commission and
be held on the basis of adult suffrage. Every by the Governor of the State in the case of a
person, who is a citizen of India and is not State Commission.
less than 18 years of age shall be eligible for • Age of retirement for a member of UPSC is
inclusion. 65 years and for a member of PSC of a State
or a Joint Commission is 62 years.
Political Parties (jktuSfrd ny) • Present Chairperson of UPSC is Deepak
Registration of the People Act, 1951 provides Gupta.
for registration of political parties with the Functions
election commission. A political party shall be • To conduct exams for appointment t services
eligible to be recognised as a National party if under the Union.
(i) It secures at least 6% of the valid votes • Maintains continuity in administration.
polled in any four or more states, at a
general election to the House of the People
ELECTION COMMISSION
or to the State Legislative Assembly; and
(ii) In addition, it wins at least four seats in the
(fuokZpu vk;ksx)
• The Election Commission is an autonomous,
House of the People from any State or States.
quasi-judiciary constitutional body. Its
or function is to conduct free and fair elections
(iii) It wins at least 2% seats in the House of in India.
the People (i.e. 11 seats in the existing • The Election Commission was establish on
House having 543 members) and these 25th January, 1950 under Article 324 the
members are elected from at least three Constitution.
Ph: 011-27607854, (M) 8860-333-333 10
Centres at: MUKHERJEE NAGAR MUNIRKA UTTAM NAGAR DILSHAD GARDEN ROHINI BADARPUR JAIPUR GURGAON NOIDA
LAXMI NAGAR GHAZIABAD MEERUT VARANASI ROHTAK PANIPAT SONEPAT PATNA AGRA CHANDIGARH LUCKNOW ALLAHABAD
Dr. Omkar Nath Sir