Making of the Indian Constitution

Making of Constitution

• The constitution means the system of fundamental political Institutions or an autobiography of power relationship.
• The Government of India Act, 1935 provided for Diarchy at the center, establishment of a federal court, and provincial autonomy.
• India is referred to as Bharat under the Indian constitution.
• India was declared a Union of States under Article 1 of the Indian Constitution.
• The Constitution declares India to be a union of states.
• East India Company was established in the year 1600.
• Minto Morley reforms implemented the Indian council Act in 1909.
• The plan of setting up a Constituent Assembly to draw up the future Constitution for India was given by The Cabinet Mission Plan.
• Diarchy refers to is a system of double government.
• The President of the Constituent Assembly was Dr. Rajendra Prasad.
• The Members of the Constituent Assembly were elected by the Provincial Assemblies.
• The Constituent Assembly appointed Dr. B.R. Ambedkar on 29th Aug. 1947 as Chairman of the Constitution Drafting Committee.
• The Chairman of the Constituent Assembly, also Chairman of the Constitution Drafting Committee, was actually Dr. Rajendra Prasad and B.R. Ambedkar.
• The Number of Articles in the Indian Constitution was and is actually 395 & 445.
• The Constituent Assembly took 2 years, 11 months & 18 days to prepare the Constitution of India
• Dr. Rajendra Prasad was not a member of the Drafting Committee.
• The Constitution of India was adopted on and came into effect on 26th Nov, 1949 & 26th Jan, 1950.
• The Indian constitution initially came into force on 26th Jan, 1950.
• The Constituent Assembly made and adopted the Indian constitution.
• The cabinet mission came to India in 1946.
• The constituent assembly of India started its work in 1946 and completed its work in Jan 1950.
• The famous Dandi March done by Mahatma Gandhi was against Salt Tax.

Salient Features od Indian Constitution

• A flexible constitution can be amended easily.
• Democracy in India rests on the fact that people have the right to choose and change the government!
• One of the salient features of the Indian Constitution is that it is partly flexible and partly rigid.
• The Indian Constitution is a written and bulky document.
• Under the Indian Constitution, the subjects of administration have been divided into three lists.

Preamble

• The Preamble to the Constitution of India is based on the Objective Resolution.
• The beginning word “WE THE PEOPLE” in Preamble to the Constitution of India is referred to the Citizens of India.
• Sovereignty in a democracy rests with the People.
• The ultimate source of authority in India is The People.
• The word "Socialist" was added to the Preamble of the Constitution of India by the 42nd Amendment Act, 1976.
• The three types of Justice referred to in the Preamble of India's Constitution includes social, economic, and political justice.
• The 42nd amendment to the Constitution of India added the words “Socialist”, “Secular” and “Integrity" to the preamble.
• The words Integrity, Secular, and Socialist, w were added to the preamble of the Indian Constitution by the 42nd Amendment Act.
• The Preamble of the Constitution of India has been amended once so far.
• Preamble is the key to opening the minds of the makers of the Constitution of India.
• The Preamble to the Constitution of India declares India as a Sovereign, Socialist, Secular, Democratic, and Republic.
• The objective of the Constitution of India is to establish a Sovereign, Socialist, Secular, Democratic & Republic Govt.
• A state that does not promote or interfere in the affairs of religion is referred to as Secular.
• Secular means treating all religions equally.
• The Aims and the objectives of the Constitution have been enshrined in the Preamble.
• Fraternity means spirit of brotherhood.
• India is a Sovereign, Socialist, Secular, democratic, republic, that is expressed in the Preamble.
• The Preamble is described as the “soul of the Constitution".
• The Preamble secures Justice, Liberty, Equality, and fraternity to all citizens The phrase ‘Economic’ justice is found in Preamble and Directive principles.

Fundamental Rights

• In the Constitution of India, the Fundamental Rights or FRs were formed as a part of the original constitution.
• India derived inspiration from the USA for incorporating FRs in the Indian Constitution.
• The Fundamental Rights guaranteed by the Indian Constitution to its Citizens can be suspended except by the order of President during the National Emergency
• The Fundamental Rights guaranteed by the Indian Constitution to its Citizens can be suspended by the President of India in the event of a National Emergency.
• Right to property is no longer a fundamental right.
• Right to Property was dropped from FRs and made a legal Right (Art.300A) through the 44th Amendment in 1978.
• The Right to Strike is not a fundamental Right.
• Under Art.368, Parliament has no power to repeal FRs because they are a basic structure of the Constitution.
• FR can be claimed against the State.
• Fundamental Rights are available against the action between both the State and private individuals.
• FRs can be restricted or abrogated by the Parliament to the members of Armed forces and Member of paramilitary forces & Police forces.
• The FRs or other FRs can be enforced or protected throught the Right to constitutional Remedies.
• A citizen can directly move to SC for the enforcement of FR under ARTICLE 32.
• A Citizen's FR is protected when the citizen approaches the High/Supreme Court for remedy.
• For the enforcement of FR, the Court can issue Writs.
• Parliament enjoys the Right to impose reasonable restriction on FRs of Indian citizens .
• The Legislature is authorized to impose reasonable restrictions on FRs of Indian citizens.
• Parliament can abridge the Fundamental Rights without damaging or destroying the Basic features of Indian Constitution
• The 'Protector' or 'Guardian' of FRs is the Supreme Court.
• Any violation of FR can be enforced in both the SC & HC (Supreme Court and high court).
• FRs ensure the protection of citizens against arbitrary Rule.
• The Indian Constitution grants FRS to the citizens
• To ensure individual liberty, is the main objective of FRs
• The correct match of the following includes :
  • Right to equality - Article -14
  • Abolition of Untouchability - Article -17
  • Freedom of Assembly - Article - 19(1)(b)
  • Freedom of movement - Article - 19(1)(d)
• The Right to Equality guaranteed under the Indian constitution does not include economic equality
• Equality before law implies the Absence of any privilege in favor of any person..
• Right to Equality under the Indian Constitution means equality among equals and not equality among unequal.
• Legal Equality implies that there should be equality amongst equals and inequality among unequal.
• Rule of Equality is not applicable to Governor& President.
• Right Equality is guaranteed under Article 14.
• Equality FR abolished discrimination.
• Art 14 guarantees equality before law to all persons.
• The Supreme Court has defined the term Creamy Layer as being persons having higher incomes.
• The Mandal Commission deals with the reservation for Backward class people.
• Seats in Educational Institutions can be reserved for socially and educationally backward people.
• The maximum % of Reservation in educational institutions is 50%.
• Art.15(3) authorizes the Parliament to discriminate in favor of women against men.
• Right to Equality permits the state to make special provision for the Women and children and backward classes.
• Art 15(3) confers special provision to Women & Children.
• Equal opportunity in the matter of public employment is guaranteed under Article 16.
• Equality FR abolished “Untouchability” and its practice.
• The constitution of India says ‘untouchability' is abolished and its practice in any form is prohibited that's provided under Right to Equality.
• Untouchability is associated with social inequality.
• Equality before law permits legislation classification and prohibits class legislation.

Right to Freedom

• Article 19 provides for six freedoms.
• Freedom of speech and expression does not include commercial advertisement and calling for Bundh. Freedom of the press is included under the Right to Speech & Expression.
• Freedom of the press is protected under Article 19 (1) (a).
• Freedoms guaranteed under Article 19 are suspended during an emergency on the ground of War or external aggression. Right to freedom guaranteed under art.19 can be suspended during emergency Contempt of Court places restriction on Right to freedom FR.
• Art.19(2) under the Indian Constitution speaks about Reasonable Restriction. Right to freedom can be restricted in the interest of all of these as public order, security of the state, and friendly relations with foreign countries.
• Right to freedom of speech is subject to reasonable restriction in the grounds of protection of Sovereignty and integrity of India
• Maintenance including of Law & order , Morality & decency, and Security of state aregrounds to impose restriction under Art.19(2) on Right to freedom of speech and expression; with Contempt of court not included
• Right to Speech is called the bulwark/safeguard of democracy.
• FRs which cannot be suspended even during the emergency are under 20 & 21.
• The Original Constitution classified FRs in to 7 categories, but now there are six.
• Freedom FR is restrained by Preventive detention Act
• Police are not entitled to form a Union
• Public Nuisance, Defamation and Incitement to an offence are grounds to impose restriction on Right of freedom of Speech and Expression, but Friendly relation with foreign countries, is not a valid justification.
• Under the Indian Constitution, a citizen can be deprived of life and personal liberty only in accordance with the procedure established by law.
• The prohibition ex-post facto-(effect from past date)law imposed by Art.20 is applicable to criminal cases.
• "No person shall be prosecuted and punished for the same offense more than once” is the principle called Double jeopardy.
• If an act is not an offense on the date of its commission, a law enacted on future cannot make such act an offense- is ex Post facto Law.
• Ex post facto law under Article 20 means passing criminal law with a retrospective effect.
• The Right to Primary Education is a Fundamental Right. Right to privacy includes with personal liberty.
• Right to life and Personal Liberty is the important Human Rights Protected in Art.21 of the Constitution
• Art.21A was inserted under the Indian Constitution by way of 86th in 2002 amendment.
• Earlier to 86th Amendment Art.21A is in the form of DPSP's - Directive Principles of State Policy
• Primary Education the object of Art.21A of the Constitution
• Education guaranteed under Art.21A shall be between the age group of 6 to 14.
• Right to education is a part of Right to life.
• Right to life includes the right to Get Education.
• On the Basis of Article 21A Parliament Enacted the Right of Children to Free and Compulsory Education (RTE)Act,2009
• Right to a Decent Environment includes right to life.
• Right to life and personal liberty guaranteed under Art.21 implies the right of every human being to live with dignity.
• Any law depriving personal liberty guaranteed under Art.21 had to confirm with both Art.20 and 22.
• Any law laid down by Parliament to deprive personal liberty should be all of the above as reasonable, fair, and just.
• No person who is arrested shall be detained in custody without being informed on grounds for such arrest.
• To produce him/her before magistrate within 24 hours is not the right of an arrested person even for the year 2016, as to produce before magistrate immediately is what the right is
• A person arrested has to be produced before magistrate within 24 Hours.
• An arrested person's right to be informed about the grounds of arrest is a mandatory action by the governing authority, and not discretional.
• A person is detained under Preventive Detention Law when He is likely to cause harm to the public.
• When a person is detained under special law, an advisory board has to be constituted within 3months.

Rights against Exploitation

• The Rights against exploitation seek to protect the weaker sections of the society by prohibiting human trafficking and Begar. The FR guaranteed by the Constitution to the citizens that prohibits traffic in Human beings is the Right against exploitation.· Traffic in human being means Selling and purchasing men & women.
• Right against exploitation prohibits traffic in human beings.
• The Constitution grants right against exploitation to Children and Women.
• Exploitation of any sort is prohibited under the Article 23.
• A laborer is entitled to get at least minimum wages, otherwise violation of Article 23.
• Child labour is prohibited under Article 24

Right To Freedom of Religion

• India has recognized no religion as a national religion.
• Freedom of religion guaranteed under Art.25 is applicable to all persons.
• The secular provisions under the Indian Constitution are provided under Article 25.
• Art.25 guarantees freedom of religion, but subject to restriction on all of these, including morality, Public order, and Health.. Right to religion is not subject to public welfare.

Cultural and Educational Rights

• Minority may be Linguistic and Religious.
• The Constitution does not protect the right of Minority with regard to Cult.
• Right to Cultural and educational Rights implies the right of minorities to establish and administer educational institutions of their choice. Which among the article guarantees the right of the minorities to establish and administer the educational institution is 30.
• The Right to establish educational institutions under Art.30 is applicable to both Linguistic and Religious Minorities.
• The main objective of the Cultural and educational right of the citizen is to help minorities conserve their culture.
• Right to cultural and educational rightsimplies is the right of minorities to establish and administer educational institutions of their choice.

Right to Constitutional Remedy

• B.R. Ambedkar describe Articles 32 as heart and soul of the constitution.
• Heart & Soul of the Indian Constitution is actually the Right to Constitutional remedies.
• The Right to Constitutional Remedies, conferred by Indian Constitution, is also available to non-citizens
• The Right to Constitutional remedies is/are Fundamental Rights.
• Constitutional remedies can be suspended by the President during National Emergency.
• The Constitution of India confers a special authority for the enforcement of FRs on the Supreme Court of India.
• Writs is an order issued by HC or SC for the Enforcement of our Fundamental Rights
• The FRs of Indian Citizens in the Indian Constitution are guaranteed under Part-III.
• The Supreme Court of India issues writs to restrain a person acting an office they are not entitled to by a writ of Quo warranto.
• Which writ gives the meaning ‘we command' in letters - Mandamus.
• That directs public corporations, public authorities, or inferior courts to perform their public duty comes in the following writs issued is through Mandamus.
• Illegal detention of a person issues Habeas Corpus.
• Writs can be issued for the enforcement of FRs by the Supreme Court.

Writs

• Writ of prevention is not a writ-A total of 5 writs exist
• A Writ can be directly filed in the Supreme court.
• In the form of an order calling upon a person who has detained another person to bring the person before the court and show authority for such detention, which is when Writ of Habeas Corpus is issued.
• A Writ of habeas corpus means to produce the Person before the court.
• Habeas corpus writ is a bulwark and Safeguard of personal freedom.
• Habeas corpus literally means "you may have the body”.
• To command a person or public authority to do something in the nature of public duty with the goal to do or prevent something, the superior court issues, is a writ of mandamus
• Non-performance of public duties grants issue for writ of Mandamus can be issued
• The writ of Prohibition is issued by the superior court to prohibits lower court exceeding its jurisdiction and acting contrary to the rule of principles of natural justice.
• Writ of certiorari is issued by the superior court to To an inferior court to transfer the record of proceedings in a case for review and acts in excess of its jurisdiction.
• The writ in the form of order which removes a suit from an inferior court to the superior court to prevent an excess of jurisdiction is known as certiorari.
• The writ of quo warranto is an order from a superior court where it can call upon a person to show under what authority he is holding the office.
• Writ of Quo-Warranto can be issued on the ground of Unlawful occupation of Public office.

DPSP (Directive Principles of State Policy)

• The concept of DPSP is borrowed from is from the Constitution is actually the IRL, as in Ireland, but that is still a country of the UK with the IRL being independent.
• DPSP under Indian Constitution is guaranteed under Part IV.
• As the "novel features" of the Indian Constitution, Ambedkar describe the DPSP as being such
• Ambedkar wanted the DPSP to be the basis, as in the foundation, of all future legislation!
• Establishing a welfare state is the goal that DPSP aims at.
• The DPSP are Directive principles of state
• The main purpose of including DPSP in the Indian Constitution is to establish a welfare state.
• The main objective of DPSP is to establish social and economic democracy in the country and NOT just political democracy.
• Providing a social and economic base for a genuine democracy in the country is the goal that DPSP aims at.
• The DPSP are positive instructions to the government to work for the attainment of set of objectives
• DPSP are in the nature of Guidelines to the State.
• The Indian Constitution assures economic justice to the Indian citizens through DPSP rather than the other options like FRs or FD's.
• The DPSP included in our constitution from articles start fro numbers between 36 to 51.
• All of the following Articles Deals with DPSP excepts Article 32.
• DPSP are Non-Justiceable.
• The DPSP cannot be enforced in any court.
• DPSP is only amendable by Parliament supported by more than 50% of the States, and not just by some MLA's.

Planning

• Planning in India derives its objectives from the DPSP.
• The DPSP can be classified into , Socialists, Gandhians and liberals.
• Rising the standard of living of the people is a DPSP.
• Article 44 provides for uniform civil code to all citizens in India
• Uniform Civil Code mean a codified Civil law applicable to all persons of India irrespective of their religion/community
• Implemented DPSP includes Uniform Civil Code
• DPSP to be followed by the State for securing economic justice does not include to secure uniform civil code
• Right to adequate means of a livelihood is to be provided by the State under the Article 39
• Article 51 mandates Indians Foreign Policy to all of these such as maintain just and good relation between nations, promote international peace and security, and encourage settlement of international dispute by arbitration.
• Preamble and DPSP is where the phrase Economic justice found.
• Article 45 mandates the State to provide for early Childhood care and education for all children up to the age of 6 years, and free and compulsory education.
• The obligation of the state to protect every monument or place or object of artistic, historical or national importance is under the Article 49.
• To make the constitution an instrument of social change is what DPSP seeks. DPSP was/are an important part of the constitution where the concept of welfare finds elaboration.
• To provide Socio-economic welfare to its citizen, India should give enforceability to DPSP's and NOT just to the Preamble.
• Imposing tax on capital and wealth, according to taxation laws, is protected under Article 39.
• Article 50 provide for separation of judiciary from the executive
• To protect and improve the environment and safeguarding the forests and wildlife of the country, the, State is obligated to by the powers afforded from 48A.
• The State to endeavor to protect and improve the environment is a DPSP and not those options regarding Untouchability.

DPSP and Amendments

• The 42nd Amendment Act made additions to DPSP with regard to the following 3 matters — Participation of workers in the management of the industry
  — Minimizing inequality in income and status — Protection of environment
• Organization of village panchayath and Prohibition on the use of intoxication drinks except for medical purpose are Gandhian Principles under DPSP.
• Slow implementation of DPSP happens because of many combined factors, such as vastness of country, Lack of political will and lack of resources with government.
• “No law can be passed by legislature which is not in conformity with DPSP principles” and that it is not enforceable by any court are characteristics of the DPSP that is incorrect!
• Socialist ideology is reflected by all of these, as adequate means of livelihood, To prevent concentration of wealth; and to ensure decent standard of living and leisure for all workers.
• None of the above is listed under liberal principles, but instead separations of powers etc are what listed
• Free legal aid, for poor citizens (article 39A), was inserted under the Indian Constitution by way of the 42 amendment.
• Village panchayath are the best example for India's Democratic form of Government
• Indian Constitution is silent as to the Adult education sector under the DPSP's, but does have recommendations for equal pay and many others
• None of the above, which is to say None of these as Prohibitions and the others is a correct item of the DPSP's
• The DPSP does include the above as characteristics for many things, like how no Cows are to be slaughtered too freely and the others.

Fundamental Duties and Articles

• The Sardar Swaran Singh Committee recommended for inclusion of FDs in to the Constitution of India.
• The Fundamental duties of Indian constitution have been inserted by the 42nd amendment of the constitution.
• FD's were enshrined under Article 51-A. FDs apply to all citizens.
• FD's were incorporated in the Indian Constitution in 1976 rather than the 4 other provided options.
• FD demands to abide by the constitution and NOT those options regarding working perfectly and sincerely etc.
• This list is NOT an FD as this is on what not to do! -Not to indulge in corruption
• There could be no action and consequence that can be initiated in any court for the the potential breach of the FD from someone! To respect the National Flag and National Anthem is, the most accurate answer is "FDs of all citizen”, from the list of 4 options.
• The protection & improvement of environment including all options to each other: and Forest and wild and a many other parts of the options, is in answer in b & c - Which has both FDS; plus DPSP as well.
• The protection & improvement of environment, including forests and wildlife is under the Article 51-A (g).
• A key, FD action of FD of an Indian action has is to do something, to develop the scientific “temper” is the best result
• FD action of Indian citizen is to safeguard the public by providing information
• Is are FD are to follow with things that were there for safeguarding of India’s properties, including to not denounce women
• Is NOT a fundamental Duty is to Respect of all type including the old plus teachers. Child who gets education and the correct year, has a correct relation for being what is considered the “2004’th” years, of being “75 years old+” The original parts and components of what the constitution of India does not mention, and is included to it’s structure and function, is to include FD part.
• The year 42 which has to do with the constitution, has to do with having actions from doing or being or other “amendments” from being “introduced” by the 42nd. The 11thFDs, the one that is “for” has something to do with that Article from the side, in this case is “51" and those have some of what is inserted” by having that particular list, including A as an action. This was the note in the list- but it’s not an original action, or something that’s enshrined or under, 51, which will be in relation , or connection- that which is "for" has something to do is: of this list as of this note: “Political leaders” and that’s the correct answers.

The President

• The president of India has similar constitutional authority as the British Monarch.
• With Press is the component that is not one of the Union /State organ, from a Judiciary, to executive too!
• Legislature makes in state’s organ. The action the Organ of State is take to implement and be known, such as the executive action. The most is the one of a prime minister. The one who represents, but does not rule, is the of a president but not anything else

Power

• Executives is what make responsible to, for what parliament is MP or parliament member, is what President is not. Power is clearly, but is only what is something that is “Distributed among the center and states” to distribute it and show some type or degree of effect to show something happening. The parliament for a government and who has what role? The action is to parliament. The President for india is to be part of which is not to be prime minister. And the next is also the same for a number of parts with the Rajya or just Lok Sabha. All and most powers to be at their most with actions and for who make shall with parliament To be refer or being matter, and being court has the most parts and importances has it relates, such and so with court All who is elected has most of president and elected Indirect is president for india who has most actions to be the head at some part, by indirectly election with people

President Authority

Who has elected those president? to being electoral with college, to do that. “electoral’s college’s components” consist with something of lok+with state’s , to do that action and effect with more. President from all those parts to The president from India with other and state is the action the to do and effect Nominated things like LS the rest is what to be included to college’s Most actions to be who from that part, for what can state from the parts if not, has most of that state has actions , does not take the effects No is the number on all effects and has the right effects in the state

Other Facts and Details

35 for for with the numbers, has all the best to to have with India for what in the world, to be over what the actions can and will give to parts/numbers Election commission is best with the effect for a job to that! “actions” the office is for The president! The actions that are oath are from India’s chief justice too There are what they are to try seek from all the “post” to show something right of do that!, infinity does something by that

Law

Most effects to be that if a law is to show 40 and 6 and 35 is to show effect to that part for all actions in all ways! With what has the showed from if what was from state supreme which has what is had or is something to show That which president for other thing or any other part, to show and be the best way do show if give more. Vice , which most and with that or any of those cases to the article

Explore the historical context and key features of the making of the Indian Constitution. Learn about its fundamental political institutions, the Government of India Act 1935, and the roles of key figures like Dr. Rajendra Prasad and Dr. B.R. Ambedkar.