History of Munshi and Finance Committee

Formation of Committees

• Finance and Staff Committee formed on August 29, 1947, chaired by Dr. Rajendra Prasad.
• Minor Committee on Chief Commissioners' Provinces led by B. Pattabhi Sitaramayya, with Bhim Rao Ambedkar as Chairman.
• House Committee chaired by B. Pattabhi Sitaramayya, including Alladi Krishnaswamy Ayyar.

Judicial Review and Supreme Court

• Judicial review principle adopted from the USA, ensuring checks on laws and executive actions.
• Keshavnanda Bharati case acknowledged the significant decision-making power in the Supreme Court.
• Emphasized the need for a larger bench of judges for critical constitutional cases, with a record attendance of 13 judges.

Election and Impeachment

• Provisions established for the election of the Head of State (President) and Impeachment processes.
• Details outlined in the Preamble, various Schedules, and specifics of aff affirmations and oaths.

Legislative Structure

• Allocation of Rajya Sabha seats, reflecting the parliamentary framework.
• Recognition of Scheduled Areas including Assam, Tripura, Mizoram, and Meghalaya for regional political representation.

Federal Structure

• Advocated a federation with a strong center, emphasizing the central government's authority in appointing state governors.
• Residuary powers concentrated solely within the Centre, showcasing the framework of authority distribution.

Emergency Provisions

• Financial Emergency provisions outlined, allowing the central government to respond effectively to fiscal crises.

Advisory Jurisdiction

• Supreme Court's advisory jurisdiction included significant interpretations and recommendations, influencing the legal landscape.### Right to Constitutional Remedies
• Individuals have the right to approach the judiciary if laws conflict with fundamental rights.
• Article 13 declares laws inconsistent with rights null and void.

Right to Equality

• Inspired by UK and US legal principles.
• Article 14 guarantees equality before the law.
• Article 15 prohibits discrimination based on gender, race, caste, sex, religion, and place of birth.
• Article 16 ensures equality of opportunity in public employment, including provisions for promotion and reservation.

Fundamental Rights (FR)

• Articles 19(a) to 19(g) outline various freedoms, including speech, assembly, association, movement, residence, and profession.
• Article 21 protects life and personal liberty, requiring due process.
• Article 22 provides protection against arbitrary arrest and detention.

Writ Jurisdiction

• Supreme Court must issue writs; High Court's jurisdiction is broader, allowing for more expansive interpretations.
• Protection against double jeopardy and self-incrimination under Article 20.

Rights of Minorities

• Article 29 protects cultural and educational rights, allowing minorities to establish and administer educational institutions.
• Article 30 specifically focuses on the rights of minorities regarding educational institutions.

Freedom of Religion

• Article 25 allows freedom of conscience and the right to practice and propagate religion.
• Articles 26-28 outline various religious freedoms, including the management of religious affairs.

Child Labor and Human Trafficking

• Article 23 prohibits human trafficking and forced labor, with some exceptions for compulsory services.
• Article 24 bans child labor in hazardous industries for children under 14.

Education Rights

• Article 21A mandates free and compulsory education for children aged 6 to 14, established by the 86th Constitutional Amendment in 2002.

Directive Principles of State Policy (DPSP)

• Articles 36-51 outline the DPSP, which includes goals like promoting international peace, protecting national heritage, and ensuring the separation of judiciary from executive.
• These principles serve as guidelines to achieve socio-economic justice but are not legally enforceable.

Historical Context

• The Constitution, crafted by B.R. Ambedkar, embodies the "Heart and Soul" of India.
• Influences from various global legal systems contribute to India's constitutional framework, establishing a quasi-federal structure as described by constitutional scholars.### Executive Power of the Union
• Executive power resides in the President of India as per Article 53.
• The supreme command of the Defence Forces is also vested in the President.
• Charges can be preferred against the President by either House of Parliament.

Election of the President

• Article 54 outlines that the President is elected by the elected members of both Houses of Parliament and the Legislative Assemblies of the States.
• The manner of election is through an indirect election using Proportional Representation and Single Transferable Vote.
• The electoral process requires a majority of not less than 2/3rd of total membership.

Qualifications and Conditions

• A Presidential candidate must be a citizen of India, at least 35 years old, and not holding any office of profit under the Government of India or any State.
• The President cannot be a member of either House of Parliament or any State Legislature while in office (Article 59).
• The President's term lasts five years, with eligibility for re-election (Article 57).

Oath and Functions

• The President must take an oath or affirmation before entering office in the presence of the Chief Justice of India (Article 60).
• Financial privileges include that the President's emoluments and allowances cannot be diminished during the term.

Vice-President of India

• Article 63 establishes the position of the Vice-President, who serves as the ex officio Chairman of the Council of States.
• The Vice-President is elected by the members of both Houses of Parliament and holds office for five years (Article 66).
• Like the President, the Vice-President must not hold any office of profit and cannot be a member of either House of Parliament during their term.

Elections and Vacancies

• In case of a vacancy in the Vice-Presidential office, an election must be completed within 60 days (Article 68).
• The Supreme Court resolves disputes related to the elections of the President and Vice-President (Article 71).

Resignation and Removal

• The Vice-President can resign to the President and may be removed by a resolution passed by the Council of States (Article 67).
• Both the President and Vice-President must fulfill specific qualifications to be eligible for election.

This quiz explores the formation of the Finance and Staff Committee led by Dr. Rajendra Prasad on August 29, 1947. Participants will learn about the historical context and significance of this committee in shaping India's financial decisions post-independence.