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S No Topic Sub-Topic Info Summary - Learn 1 Syllabus - Constitution: Historical underpinnings, evolution, features, amendments, basic structure...

S No Topic Sub-Topic Info Summary - Learn 1 Syllabus - Constitution: Historical underpinnings, evolution, features, amendments, basic structure Division of power - federalism - Wherever uniformity, you give it to union, eg. Defence Separation of power - rule of law, legislative, executive, judiciary Comparisons - Comparing constitution vs other countries Legislative - Parliament and State Legislatures - structure and functioning Executive - Structure and functioning Judiciary - Structure and functioning Elections - Representation of people acts 1950/51 Bodies - Constitutional, Statutory, Regulatory, Quasi Judicial bodies 2 Separartion of Powers Union Govt Very crucial to safeguard "liberty" in a liberal democracy - done via keeping checks and balances on other two 3 Separartion of Powers State Govt Legislative - State-LS (Vidhan Sabha) + Vidhan Parishad VP: only in 6 states - UP, BH, MH, KT, AP, TS 4 Bodies Basics Constitutional bodies - bodies mentioned in constitution Statutory bodies - "statut" means "Act", bodies made by acts, Eg. RBI Quasi Judicial - Half Judicial + Half Executive - like NGT (National Green Tribunal) - They can be both statutory or non- statutory Regulatory - To regulate different organizations and institutions and sectors, eg - PFRDA, IRDAI - They can be both statutory or non-statutory Protection levels - Constituional > Statutory 5 Constitution Division Divided into - original: 22 parts, 395 articles, 1 preamnle, and 8 schedules - today: 25 parts and 470 articles, 1 preamble, appendix as 12 schedules Constitutional govt - limited govt Parliamentary govt - executive is responsible to legislature 6 Constitution Basics Definition - fundamental law of the land Purpose - Limitation theory - restrictions on powers - Constitutional Govt - means limited government - powers are not infinite Finish - Finished on 26th Nov 1949, Enforcement on 26th Jan 1950 Terms - Constitutionalism - Is constitution being followed or not, are there limitations or not on govt - Constitutional morality - the question of right/wrong - Constitutional morality is the idea that a constitution should be interpreted and implemented in a way that reflects the values and aspirations of a society, rather than just being followed literally. 7 Constitution Elements of Constitutionalism - Democratic - responsible and accountable - govt - Separation of powers with checks and balances - Sovereignty - Rule of law - Law and order - Independent Judiciary - Civilian control of military - Respect for individual rights 8 Constitution Types Written - India, USA: Like its a defined book Unwritten - UK: Not completely unwritten, written in multiple parts at different places Rigid - tough to amend - USA Flexible - easy to amend - UK Ours - Blend of rigid + flexible: some provisions need simple majority while some need special and special+states S No Topic Sub-Topic Info Summary - Learn 9 Constitution Features Summary "Silent Parliaments Blend Federalism." Feature 1: Salient Features Feature 2: Parliamentary form of government Feature 3: Blend of rigidity and flexibimilty Feature 5: Federalism "Fr, DPSPs, FDs Secure Us-Adults Singlehandedly." Feature 4: FRs & DPSPs Feature 8: Fundamantal Duties Feature 9: Secular State Feature 10: Universal Adult Franchise Feature 11: Single Citizenship "Sovereign Judges do not allow Independent Emergencies." Feature 6: Parliamentary Sovereignty and Judicial Supremacy Feature 7: Judiciary - Indepenedent, Integrated, Heirarchical" Feature 12: Independent Bodies Feature 13: Emergency Provisions "Three Cooperating Layers." Feature 14: Three Tier Government Feature 15: Cooperatives 10 Constitution Feature 1: Salient Features Longest written constitution, why? - to allow provisions for such a vast and diverse country - influence of the bulky GOI act 1935 - single constitution for both center and states - dominance of legal experts in the constituent assembly Multi sourced - Canada - federalism - USA - FRs, Judicial Independence - Ireland - DPSPs - UK - Bicameralism, Parliamentary Govt - GOI Act, 1935: Structure - France - Libery, Equality and Fraternity; Republic - Germany - Suspension of FRs during Emergency (remember Hitler) - South Africa - CAA process, RS Elections - USSR - Justice: Social, Economic, Political - Japan - PEBL - Aus - Concurrent list, Joint Sitting 11 Constitution Feature 2: Parliamentary Form Parliamentary - Executive is collectively responsible to Legislature - No COMPLETE separation of powers - Executives come from Legislature - Presence of nominal executives and real executives - Majority Party Rule - Dissolution of LS possible - PM indirectly selected from elected Representatives (can be from either house) - President term - 5 years (USA: 4 years) 12 Constitution State It should have 4 things - definite territory, population, government, and sovereignty S No Topic Sub-Topic Info Summary - Learn 13 Constitution Feature 3: Amendments and Majorities Article - 368 - only certain special majorities mentioned in it. Effective = Total - Vacant Present and Voting = Total - Vacant - absent - abstaining Three types of Majority - Simple majority - 1/2 of present and voting - Special majority - 2/3 of present and voting && this 2/3 of present and voting (should be >) 50% of total members - Special majority + consent of states - 2/3 of present and voting && this 2/3 of present and voting (should be >) 50% of total members && 1/2 of states should agree/ratify (14 states) Example: 101st - GST, 106th - Women reservation in parliament; Total 106 till date Special + Consent of States (No timelimit on states to provide their consent): - Changes that affect federal provisions - Powers and Lists (7th schedule) of union and states - relating to SCs and HCs - GST Council - Representation of states in Parliament - Change to Ar 368 itself Simple: - SLCs matter - Pusine judges in SC - Election matter and Delimitations - Quorum in Parliamment - Simple Majority Rest everything as Special MAjority 14 Constitution Feature 4: FRs & DPSPs FR: Negative rights w.r.t. "state" - Not absolute, - Under reasonable grounds of restrictions - enforceable/justiciable by law DPSPs: Positive directions w.r.t. "state - under concept of welfare state, fundamental for good governance - non-enforceable/non-justiciable S No Topic Sub-Topic Info Summary - Learn 15 Constitution Feature 5: Federalism Division of powers (NEVER seperation) between union and states - dual governments Types - Centrepetal: Towards the center, States come together to form a center: USA - States are more powerful - Centrifugal: Away from center, center creates states and gives it powers: Canada, India - Center/Union is more powerful Mentioned in Const: NO Federalism features - 2 governments - bicameralism - supremacy of constitution - independence of judiciary - reigidity in consti. AKAs - K.C Where - Quasi Federal - Federal country with a unitary bias/tilt - Morris Jones - Bargaining Federation - Granville Austin - Cooperative Federation - Ivor Jennings - Federation with a centralising tendency "All-india services" unitary feature - IAS/IPS/IFoS - Recruited by union, trained by union but positioned at states - Some services are strategic - need for uniformity, regularization, good governance, unbiased execution - all india services 16 Constitution Feature 6: 2 concepts - procedure established by law, due process of law Parliamentary Sovereignty Procedure established by law vs - simply meaning the rules and process that law wants people/executive to follow Judicial Supremacy - restricts arbitrarty use of power Due process of law - Questions if the law morally and ethically right or wrong - Judiciary can question legislative Till Keshavananda Bharati Case it was PEBL, post that they adopted DPL concept Mentioned in the consti: PEBL only So, Parliamentary Sovereignty or Judicial Supremacy - Its a balance, both are true, co-existing - Indian Parliament is NOT a sovereign body completely - Example: CAA 99th - discarding Collegium system and brought in NJAC (National Judicial Appointment Commision) without any judicial intervention - Then Judiciary called it null and void and unconstitutional 17 Constitution Feature 7: Heirarchical - Local, State, SC in a pyramidal model of wide base and tapering top apex Indepenedent, Integrated, Heirarchical Judiciary Integrated - 1 SC and 23 HCs dealing union and state laws in integrated manner S No Topic Sub-Topic Info Summary - Learn 18 Constitution Feature 8: Part 4-A, Ar 51A Fundamantal Duties Related FD: Swarna Singh Commitee 42nd CAA, 1976, Indira - 10 FDs 86th CAA, 2002, Vajpayee - 11th FD 19 Constitution Feature 9: 42nd CAA, 1976, Indira Secular State Two concepts - Western - negative concept (stopping) - complete separation (aka exclusivity) of state and religion - Indian - positive concept (permitting) - Non-Interference with watchful ambivalence (when FRs are violated) - Religios elements on state symbols - Dhamma Chakra (Buddhism) on State's Flag - Satyamev Jayate from Mundak Upanishad (Hindu) - state's Emblem - Equidistance model: State to maintain equal distance from all religion and treat all religion equally 20 Constitution Feature 10: 61st CAA, 1988, Rajiv Universal Adult Franchise - voting age to 21 from 18 - One vote one value 21 Constitution Feature 11: Country wide one citizenship, and one domicile Single Citizenship 22 Constitution Feature 12: ECI, CAG, AGI, UPSC and S-PSCs, NC-SC/ST Independent Bodies 23 Constitution Feature 13: 3 ways Emergency Provisions - A 352: National Emergencies - War, External Agression, Internal Armed Rebellion - A 356: President rule on State Government - failure of Constitutional machinery in the states, failure to comply with the directions of the Centre - A 360: Financial Emergency - never used till date Emergency converts the federal structure into a unitary one 24 Constitution Feature 14: Level 1 - Union Govt and judiciary Three Tier Government Level 2 - Stage Govt and judiciary Level 3 - Local levels - Rural: Panchayats - Part 9 - Schedule 11 - 73rd CAA, 1992, Rao - Urban: Municipalities - Part 9A - Schedule 12 - 74th CAA, 1992, Rao - AR 243 Divisions - Districts -> Tehsil -> Gram Panchayats - Sarparch + Ward Panchs - Their Sabha: Gram Sabha - all village people - make panchayat accountable - Panchayat Samiti - all panchayats under this - Zilha parishad at district level - all panchayat samities under this - The village folks vote 3 times at Panchayat, Panchayat Samiti and even Zilha Parishad For Metropolis (> 10L population) - Municipal Corporation For normal cities (1L-10L population) - Minicipalities/Municipal Council For towns (5L-1L) - Nagar Panchayats S No Topic Sub-Topic Info Summary - Learn 25 Constitution Feature 15: 97th CAA, 2011, Manmohan Cooperatives Gandhian principle - Added Right to form cooperative societies in Ar 19 - New DPSP - Ar 43B - Part 9B - The cooperative Societies - Ar 243 26 Constitution Criticisms Borrowed Constitution Carbon Copy of 1935 Act Anti-gandhian - powers at local level still not given fully or wholeheartedly Elephantine size Lot of law terms 27 Constitution Parts Index P1 - Union and Its Territories P2 - Citizenship P3 - FRs P4 - DPSPs P4A - FDs P5 - Union Govt: Parliament, Executive, Legislative, Judiciary, CAG P6 - State Govts: Executive, Legislative, Judiciary P7 - States in Part B - Deleted P8 - UTs P9 - Panchayat, Municipalities (9A), Cooperatives (9B) P10 - ST Areas P11 - Center State Relations P12 - Finance, Property, Contract, Suits P13 - Trade Commerce within India P14 - Services (PSCs, etc) under union and states P14A - Tribunals P15 - Elections P16 - Reservations: Special provisions to certain classes P17 - Official Language P18 - Emergency P19 - Miscellneous P20 - CAAs P21 - Temporary and Special Provision P22 - Short title, hindi, etc S No Topic Sub-Topic Info Summary - Learn 28 Constitution Master Articles Index Ar 1 to Ar 4: Union and Its Territories Ar 5 to Ar 11: Citizenship Ar 12 to Ar 35: FRs Ar 36 to Ar 51: DPSPs Ar 51-A: FDs Ar 52 to Ar 78: Executive Ar 79 to Ar 122: Parliament Ar 124 to Ar 147: Union Judiciary Ar 148 to Ar 151: CAG Ar 239 Ar 242: UTs Ar 243 - Ar 243O: Panchayats Ar 243P - Ar 243 ZG: Municipalities Ar 243 ZH - Ar 243 ZT: Cooperatives Ar 244: ST Areas Ar 245 - Ar 263: Center State Relations Ar 308 Ar 323: Services (PSCs, etc) under union and states Ar 324: Tribunals Ar 324 to Ar 329 A: Elections Ar 330 to Ar 342 A: Reservations special provisions to certain classes Ar 352 to Ar 360: Emergency Ar 368: CAAs 29 Historical Background Base - 1 When EIC planned to come in - Mughal was in decline, Marathas were rising and expanding a lot - EIC got a charter for exclusivity and monopoly of trade in India from Queen Elizabeth, for their investment in ship tech and routes finding. - Jahangir permitted EIC to trade in India Issues they faced in India - Not everyone agreed to Jahangir permitting EIC EIC tried to get in the economic and political affairs of India, How? - They setup their bases in Mumbai (Bombay), Chennai (MAdras) and Kolkata (Calcutta) - The nawabs of these areas used to give "Dastaks" - for tax free trade - EIC started misusing the "taxxation rules", - Battle of Plassey, 1757 - Nawab (Siraj-Ud-Daulah) of Bengal vs EIC - Moles in Bengal army: Senapati - Mir Zafar, surrendered without fighting - Mir Zafar removed and Mir Qasim made the new puppet ruler - Battle of Buxor, 1764 - Mir Qasim + Awadh NAwab + Mughals VS EIC - EIC won - Diwani rights received - Revenue and taxation collection - Faujdari received - Law and order with appointment S No Topic Sub-Topic Info Summary - Learn 30 Historical Background Base - 2 Worries for British Govt - Insecurity that EIC might take over more resources in India and overthrow British govt in Europe Good signs for British Govt - Heavy corruption, private trading (like an ola driver) started in EIC and EIC went brankrupt - Terrible famine, Lawlessness in Bengal - EIC lost a war against Mysore - EIC asked for 10L pounds as loan Reply from British Govt - Loan approved but with some regulations and interest both 31 Historical Background Rule Types Company rule - 1773 to 1858 Crown rule - 1858 to 1947 32 Historical Background First regulating act of 1773 Before - All governors equal After - First step towards centrallization: Governor of Bengal made Governor General (GGB) of Bengal: Warren Hastings - GGB given 4 member Executive Council (EC) - AKA General in Council - GGiC - Establishment of SC in Calcutta - 1 CJ + 3 Judges - Private trading not allowed - EIC's Court of Directors (CoD) to report to British Government on revenue, civil, and military affairs in India - Monopoly of EIC extended by 20 years 33 Historical Background 3 amendments to 1st reg act 1781 Act of settlement - Separation of powers of judiciary and executive: SC and GGB+EC - SC not to handle matters of revenue - 1st view of communal jurisdiction: Hindus and Miuslims to be treaded with different laws - appeals from the Provincial Courts could be taken to the GGiC and not SC 1784 Pitts India Act - Split CoD into two (double governance) - Board of Control (Boc) - militaty + political role - Court of Director (CoD) - revenue only role - First time EIC's territories were called British possessions in India 1786 - Story - William Pit made PM of India - His friend Corn Wallis made GGB - Wallis highlighted that GGB was inferiors against EC when in deadlocks - Thus GGB given Veto power in GGiC - and GGB also made Commander in Chief (CiC) S No Topic Sub-Topic Info Summary - Learn 34 Historical Background Second regulating act of 1793 Story - Economy was moving from mercantalism to idea of no-interfering trade (based on ideas of Adam Smith) - Other GGs didnt like the favourtism only towards Corn Wallis After - Monopoly of EIC extended by 20 years, even after the riise of more merchants - All future GGBs will also be able to override their ECs (Veto Powers), and same applies to other two GGs (Bombay and Madras) - More powers from GGs to GGB - BoC salaries to be paid out of Indian Revenues - CiC not part of GGiC unless mentioned explicitely 35 Historical Background Third regulating act of 1813 Story - Feeling of Britain is great, Sun never sets in Britain, and White is supreme - Pressure from other merchant companies to trade in India After - Christian missionaries allowed to profess religion in British territories India - Allowed spreading western education in british territories in India - Indian trade Monopoly removed for EIC expect - Tea trade - Trade with China - Local govt can impose tax on people - asserted the sovereignty of the British Crown over the EIC's territories in India. (Possesions - PITTS, Sovereignty - 1813) 36 Historical Background (Fourth) Charter act of 1833 Story - Merchants realizing 75% trade revenue was in Tea and China Trades - Civil servants / Covenant servants recruited till now only from Britain After (4-EIC, 5-others) - Monopoly of EIC removed - EIC just an administrative body - EIC's territories completely under trust of his/her majesty (Possesions - PITTS, Sovereignty - 1813, Trust - 1833) - EIC can stay 20 more years - Complete centrallization - Law making powers now completely given to GGB from other GGs - GGB is GGI - William Bentic - GGI given all civil and military powers. - Education in India shifted from Oriental to English as per Maccaulay Committee's education - 1st time it was called a ACT and not a regulation - Tried/Attempted to introduce open competition for selection of civil servants without debarring Indians Good things William Bentic did - Criminalized Sati Pratha, Child marriage, Female Infanticide (India is a land of paradox) S No Topic Sub-Topic Info Summary - Learn 37 Historical Background Doctrine of Lapse Two parts of India then British Provinces and Princely States AKA Policy of Annexation By Lord Dalhousie - If no male decendents - then Princely States become British Provinces (Annexation) - Rani Jhansi fought against this - Adopted son cannot take up the reign Though Dalhousie did some good things too but he was hated - Railways - Postal & Telegraph service - PWD 38 Historical Background (Fifth) Charter act of 1853 Story - Indians demanding being allowed for covenent services (Civil Services) - GGI/GGB+EC and other GGs+EC - did the work of both legislative and executive After - Introduced open competition system of selection for civil services - Indians allowed too but Exam in UK, age limit: 18-21 years, and the Exam is all about them - 1st Indian civil servant - Satyendranath Tagore (1864) - Indian Covenated Services (Then time IAS) - Macaulay Committee (the Committee on the Indian Civil Service) - 1854 - First time separation of powers - Executive and Legislative - Indian (central) Legislative Council (ILC) - Mini parliament - Total 6 members - Local representation allowed - 4 members appointed by Povincial govts - Madras, Agra, Bombay, Bengal - May or may not be Indians - EIC can stay there infinitely - Meaning no security as of now S No Topic Sub-Topic Info Summary - Learn 39 Historical Background Revolt of 1857 Political: Assignment Doctrine of Lapse: Annexation of states without male heirs (e.g., Jhansi, Satara). Dispossession of Nobles: Loss of power for Indian rulers. Mughal Humiliation: Reduction of the Mughal Emperor to a figurehead. Economic: Heavy Taxation: Burdensome taxes on farmers. Decline of Industries: Indian handicrafts suffered due to British imports. Social: Westernization: Reforms like widow remarriage and abolition of sati. Caste Disruptions: Railways broke caste norms. Religious: Greased Cartridges: Offended both Hindus and Muslims. Christian Missionaries: Religious conversion efforts fueled discontent. Delhi – Bahadur Shah Zafar (Last Mughal emperor, acted as the symbolic leader of the revolt but lacked real power) – General John Nicholson (Led British forces, played a key role in recapturing Delhi) Kanpur – Nana Sahib (Adopted son of the last Peshwa, sought restoration of Maratha rule, led the revolt in Kanpur) – General Havelock (British commander who recaptured Kanpur, followed by Sir Colin Campbell) Lucknow – Begum Hazrat Mahal (Wife of Nawab Wajid Ali Shah, led the uprising in Awadh, known for her leadership in resisting the British) – Sir Colin Campbell (British general who led the final recapture of Lucknow) Jhansi – Rani Lakshmibai (Queen of Jhansi, famous for her bravery in defending her kingdom against British annexation) – General Hugh Rose (Led the British forces that eventually defeated Lakshmibai and captured Jhansi) Bareilly – Khan Bahadur Khan (Grandson of the ruler of Rohilkhand, declared himself ruler of Bareilly during the revolt) – Sir Colin Campbell (Crushed the rebellion in Bareilly after the fall of Delhi) 40 Historical Background GOI Act 1858 Before - Revolt of 1857 shook British After - EIC Abolished - BoC and CoD removed - Work of EIC given to "Secretary of State" (SoS) - a British MP - SoS given 15 member "Council of India" (CoI) (ILC is different) - SoS + CoI: Responsible to UK Govt and Can be Sued - Executive Affairs - GGI renamed to Viceroy - Lord Canning - Viceroy report to SoS 41 Historical Background Ordinances Laws can be made only when LS & RS sessions are running When Executive make laws - ordinances - Its temporary law S No Topic Sub-Topic Info Summary - Learn 42 Historical Background India Councils Act 1861 Before - No Indians in Viceroy's ILC - Viceroy making laws at center level and GGs doing it at pronvincial level After - 3 Nominated Indian representation in Viceroy's ILC (not the CoI) - Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao - Decentrallization (centrallization peaked in 1833) started - More provincial legislative councils (PLCs) - giving back law making powers to provinces (taken away in 1833) - Introduced "portfolio" system - Viceroy given powers to issue ordinances (law valid for 6 months) 43 Historical Background Indian National Congress Came up in 1885 - three phases - moderate, extremist, and gandhian Moderates (1885-1905) - expansion of legislative councils (ILCs and PLCs) - more powers to local bodies - more opportunities for Indiands in higher posts - abolition of salt tax and sugar duty - freedom of speecha dn expression Extremists (1905 - 1916) - demand for Swaraj - involved masses in freedom struggle - Organize political movements 44 Historical Background India Councils Act 1892 Before - Moderate demands of congress - Structure - Viceroy + 4 member EC + 6 member ILC - SoS + 15 member CoI - Provinces level - GG + EC + PLC After - Non-official member numbers increased in ILC and PLCs - maintaining official majority - Functions of ILCs and PLCs increased - got power to discuss budget - got power to ask questions to ECs - Nominate (by GG + PLC) members from PLCs to ILC - First time, GGs (with help of PLCs) can nominate a few people form PLCs to Viceroy's ILC - indirect election in some manner for non-official seats in ILC and PLC - First time, local bodies can nominate a few people to GGs PLCs S No Topic Sub-Topic Info Summary - Learn 45 Historical Background India Councils Act 1909 Before - Demand of extrimists phase - British started playing divide and rule - Bengal partition - Hindu-Muslim - Differential treatment with moderates and extremists - It was easier to agree to demands of moderates - Swadeshi movement against Bengal's partition - During this phase congress started to break After - Morley Minto Act/Reform - Communal electorate - Number of non official members (Indians) in ILC and PLCs increased (ILC - non official - 60) - ILC Majority is till official majority - PLC is non-official majority - More functions to ILC and PLC - allowed to ask supplementary questions, - move resolutions on the budget - 1st time Indian in Viceroy's EC - Satyendra Prasad Sinha (appointed as the Law Member) - Separate representation of corporations, universities, zamindars S No Topic Sub-Topic Info Summary - Learn 46 Historical Background GOI Act 1919 Before - Demand from Gandhian Congress - Satyagraha movements in 2-3 places - Rowlatt Act - 1919 - Anyone can be arrested on the basis of suspicion - No appeal or petition can be made - Structure - Viceroy's EC is not responsible to ILC (still official majority) - GG's EC is not responsible to PLC (Non official majority) After - Montegue Chemsfor Reform/Act - British wanted to give "Responsible govt" to India - Executive is responsible to legislature - Started with GG's EC being responsible to PLC - GG's EC split into two - Dyarchy introduced at provincial level - one part is responsible to directly GG - Say EC-A - other part is responsible to PLC - Say EC-B - Features of Dyarchy - EC-A: held reserved subjects/lists - important subjects - EC-B: held transferred subjects/lists - less important subjects - Viceroy's ILC split into two - Bicameralism itroduced at Central level - Upper House - Central Legislative Council - CLC - Lower House - Central Legislative Assembly - CLA - Direct elections for both CLC and CLA - Franchise limited on basis of property, tax and education - Viceroy's EC to have 3 Indian Members (total members - 6) - Extended communal electorate to Sikhs, Indian Christians, Anglo-Indians (kids of British man and Indian woman) and Europeans - New office of Indian High Commissioner (IHC) in London, some functions of SoS given to IHC - Establishment of Central Public Service Comission (CPSC) - Separation of Central and Provincial Budgets - 1st time - Some statutory Comission also came in (this was that simon comission) S No Topic Sub-Topic Info Summary - Learn 47 Historical Background 1919 to 1935 Events - Non Cooperation Movement - Swaraj Party Came under Congress - Simon Commission - 1927 - No Indian in that, so Simon Go back - Motilal Nehru Report on how do we need our constitution to be - Dominion Status - Responsible govt at center too - Autonomy to provinces - Clear division of power between center and provinces - Bicameralism at center - Did not consider NEhru's Report - Poorna Swaraj declaration in 1929, no dominion status and all - 26th Jan 1930 - then independence day - Civil Disobedience Movement - 1930 to 1934 - Communal Award in 1932 - Depressed classes considered as a separate comminity - Separate electorate for them - Gandhiji started "Fasting until death", to get rid of separate Indian electorate on the basis of caste - Ambedkar was happy with it, but Gandhiji said I will get you a better solution which was "Reservations in elections" - Poona Pact, 1932 - The Reservatuibs solution 48 Historical Background GOI Act 1935 At Provincial level, - Dyarchy removed and Provincial Autonomy came in - Fully responsible govt now in provinces - No concept of Reserved Subjects and Transfered subjects - GGs EC completely responsible to PLC (this had non official majority) - Bicameralism introduced in some provinces - So PLC divided into two houses At Central Level, - Dyarchy was tried at central levl but never came into existence - Another Proposal - All India Federation and 3 lists - Federal List, Provincial list, Concurrent list - Residuary powers with Viceroy - Princely states never joined so this also never came into existence - Communal Award still introduced - Separate electorate for depressed classes, women and labour still introduced!!! - Extended Franchise - RBI and federal courts established - CPSC into FPSC and PPSC - SoS' CoI removed S No Topic Sub-Topic Info Summary - Learn 49 Historical Background 1935 to 1947 Events - Provincial Elections - Congress won in 9 provinces and lost in 2 - 1939 - Second World War broke out - Indians were forced to participate - Congress ministers resigned on 12th Dec 1939, Muslim League leaders celebrated it as Deliverance Date - 1940 - Demand for Pakistan by MuslimLEague - 8th aug 1940 - August offer - Independence and body of Indians to frame new constitution post war - Gandhiji was not satisfied, thus launched Individual Satyagaraha - Cripps Mission - 1942 - Its recommendations failed - Quit India Movement - 1942 to 1944 - Second Cabinet Mission in 1946 - Approves for a constituent assembly 50 Historical Background India Independence Act, 1947 First they said by Jun 30, 1948 Complete Independence June 3rd 1947, Mountbatton Plan - India Pakistan PArtition India divided into two dominion proclaimed the lapse of British paramountcy over the Indian princely states - Princely states can join either India or Pakistan or remain independent Abolished Viceroy, but a single GGI and multiple GGs SoS also abolished No act of british parliament passed after aug 15 1947 was to extend to either of the dominion Lord Mountbatten became the first GG of the new Dominion of India 51 Making of Constitution Constituent Assembly Formation First time called for Constituent Assembly in 1934 - MN ROY - demand accepted - ‘August Offer’ of 1940. On recommendation of Cabinet Mission (Cripps Mission) - Patrick Lawrence - AV Alexander - Stepherd Cripps Total members - 389 some from provinces - 293 and some from princely states - 93 - All 93 members nominated - princely states - All 296 elected members from provinces - But via indirect election - One seat reserved for every million population - Congress wins - 208, Muslim league wins - 73, Muslim league boycotted, PRincely states did not send many people - Even Women present in constituent assembly 1st meeting - Dec 9, 1946 - Temporary President - Dr. Sacchidananda Sinha - Main president of assembly - Dr. Rajendra Prasad - Vice President - H.C. Mukharjee and V.T. Krishnamachari - Constitutional advisor - Sir B.N. Rau - chief draftsman - S.N. Mukerjee Symbol Seal - Elephant S No Topic Sub-Topic Info Summary - Learn 52 Making of Constitution Objective Resolution Moved on 13th Dec, 1946 by Nehru Adopted unanimously on 22nd Jan 1947 53 Making of Constitution Who would do ordinary legislation Same constituent assembly used to do ordinary legislation Speaker for ordinary legislation - G.V. Mavlankar 54 Making of Constitution Decisions Commanwealth membership ratified - May 1949 Adopted National Flag - 22nd Jul 1947 National Song (Tagore) and Anthem (Bankim) - 24th Jan 1950 1st President of India elected on 24th Jan 1950 55 Making of Constitution Enactment and Enforcement 3 readings and then passed on 26th Nov 1949 - Enactment Date draft chairman - Dr. Babasaheb Ambedkar Part enforcement - 26th Nov 1949 - Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 Enforced on 26th Jan 1950 Dr. Ambedkar - ‘Father of the Constitution of India’, ‘chief architect of the Constitution of India’, ‘Modern Manu’ 56 Making of Constitution Criticisms on constituent assembly Not a representative Body - as its members were not directly elected by the people of India Not a sovereign body Time consuming Dominated by Congress Dominated by lawyer-politicians Dominated by Hindus 57 Making of Constitution Other Facts 58th CAA 1987, Venkataraman - Hindi Translation - Article 394-A Constitution also called as - Fundamental law of land - Basic law of country - Rules of the state - Basic structure of polity - Ground-norm of the country - Identity card of the Constitution - N.A. Palkhivala 58 Making of Constitution Characteristics of good constitution ABCCDSS Adaptability, Brevity, Clarity, Comprehensiveness, Definiteness, Suitability, Stability 59 Preamble full 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. S No Topic Sub-Topic Info Summary - Learn 60 Preamble Base 1st Preamble in world - USA Source of authority: We, the people - Adopted from USA Nature of Indian state - Sovereign, Socialist, Secular, Democratic, Republic (Secular, Socialist - 42nd CAA, 1976, Indira) - Only Amended ONCE Objective - Secure Justice, Liberty, Equality, Fraternity 61 Preamble Sovereign No foreign interference in decision making Not dependent on any other nation, neither a dominion of any other nation Even UNO, etc, cannot have binding limitation on India's sovereignty Most of the cases we have shown a soverign stance, but it failed when we had to zero down oil import from Iran due to USA's CAATSA 62 Preamble Secular Ar 25 to Ar 28, No strict separation of power, watchful ambivalence 63 Preamble Democratic Five Features - Universal Adult Franchise - Periodic, free, and fair elections - Rule of Law - Independent judiciary - No discrimination on certain grounds Types - Direct: All citizens participate in affairs of nation - Indirect: Representatives participate in affairs of nation Devices of Direct Democracy - Referrendum - Representatives create law and refer it to citizens for acceptance - Initiative - Citizens initiate a proposal for law and gives it to representatives - Recall - Citizens ask for recalling a non-working inefficient representatives and replace with a better one - Plebiscite - Referrendums related to land, Say a sub-country wants to move out of a big country B.R. Ambedkar “Political democracy cannot last unless there lies at the base of it social democracy" Social democracy - a way of life which recognises liberty, equality and fraternity. Political Democracy by enforcing and granting FRs 64 Preamble Socialist Means of production - Land, Labour, Captial, Entrepreneurship Three concepts - Capitalist: Means of production held privately, Priority on liberty over equality - Communist: Means of production help by community, Priority on equality over liberty - Socialist - Means of production held both privately and by state - Balance between liberty and equality - Two types - Marxism and Gandhian (democratic - ours) Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity China is communist in politics and capitalistic in economics S No Topic Sub-Topic Info Summary - Learn 65 Preamble Republic Head of Government - Real Head - PM Head of State - Nominal Head - President / King Republic - Head of state is elected directly/indirectly for a fixed period Example, India is a Republic but UK is not 66 Preamble Significance Basic philosophy and fundamental values on which consti was made Contains the grand and noble vision of constituent assembly K.M Munshi - horoscope of our soveregin democratic republic India Thakur Das - Soul of Indian consti Earnst Baker - Key Note to consti 67 Preamble Justice Concept taken from USSR Social justice - equal treatment of all citizens Economic justice - denotes the non-discrimination on the basis of economic factors. Political justice - that all citizens have equal access to all political offices and equal voice in the government. 68 Preamble Liberty liberty of thought, expression, belief, faith and worship - via FRs 69 Preamble Equality political equality. - Ar 325 - no person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex - Ar 326 - Universal adult suffrage Individual equality - Ar 14 to Ar 18 - FRs - Ar 14 - equality before law - Ar 15 - no discrimination on basis of race, religion, caste, sex, place of birth - Ar 16 - equal opportunity in public employment - Ar 17 - abolition of untouchability - Ar 18 - abolition of titles 70 Preamble Fraternity Via FDs (Ar 51-A) brotherhood with 2 things - the dignity of the individual - the unity and integrity of the nation hindrances to national integration: communalism, regionalism, casteism, linguism, secessionism 71 Preamble Part of constituion? Berubari vs UOI case, 1960 - SC - called it an integral element of constitution, key to know minds of consti makers - YET called it NOT part of constitution, and thus NOT amendable Keshavananda Bharati Case, 1973 - SC called it IS part of constitution and thus it IS amendable LIC of India case 1995 - Held its 1973 judgement BUT preamble is non-justiciable, not enforceable by source of law 72 Schedules 1st Names of 28 states and 8 UTs 73 Schedules 2nd Emoluments (salaries), allowances and privileges of - President, Governors, Speakers (LS), Chairmen (RS), Deputies, HC/SC Judge, CAG 74 Schedules 3rd Oaths of candidates (standing for elections), members (MP/MLA), ministersm HC/SC Judge, CAG 75 Schedules 4th RS seats numbers from each state S No Topic Sub-Topic Info Summary - Learn 76 Schedules 5th Mainland Tribals Protection President can make a scheduled area in 10 states - HR, RJ, GJ MP, MH, CH, JH, TS, AP, OD 77 Schedules 6th North Eastern Tribals Protection Provisions - Autonomous District Councils for major tribes - Eg. Bodos, Dima Hasao, Karbi Anglong of Assam - Eg. Garo, Khasi Jayantiya of Meghalaya - Eg. Chakma, Ara, Lai of Mizoram - Eg. some tribe of Tripura 78 Schedules 7th Three lists - Union, State, Concurrent 79 Schedules 8th Languages recognized by consti - 22 - Original - (Hindi, Sanskrit, Urdu), (Assamese, Bengali, Odiya), (Kashmiri, Gujrati, Punjabi, Marathi), (Kannada, Malayalam, Tamil, Telugu) - 21st CAA, 1967, Chavan - Sindhi - 71st CAA, 1992, Rao - Konkani, Manipuri, Nepali - 92nd CAA, 2003, Vajpayee - Bodo, Dongri, Maithili, Santhali 80 Schedules 9th 1st CAA, 1951, Nehru - Acts written in 9th schedule cannot be challenged in Judiciary Coelho Case, 2007, - SC says they have judicial reviewing powers on anything pushed into it after 1973 81 Schedules 10th Anti-Defection Law - Story of Aya Ram Gaya Ram (MLA - Gaya Lal) 52nd CAA, 1985, Rajiv - Resign from winning party - Not follow party's direction - Independent members joining a party - Nominated RS members not joining a party in 6 months 82 Schedules 11th Panchayat raj bodies & powers - Part 9 83 Schedules 12th Urban local bodies & powers - Part 9A 84 Part 1 - States and UTs Articles of Part 1 Ar 1 to Ar 4 85 Part 1 - States and UTs Ar1 - Information India, that is Bharat shall be a Union of States (Not a federation) Names of states and UTs in schedule 1 Territories acquired post 1950 - Puducherry - 1954 - From France - Dadra and Nagar Haveli - 1961 (merged with Daman and Diu in 2020) - Goa, Daman, and Diu - 1961 - From Portugal - Chandigarh - 1966 (merged from Punjab and Haryana) - Sikkim - 1975 - Became a full state - Telangana - 2014 - Became a new state - Ladakh - 2019 - Jammu and Kashmir - 2019 - Revoking Article 370 *states have no right to secede from the federation* *special provisions (under Part 21) applicable to the States of some states override the general provisions relating to the states as a class* S No Topic Sub-Topic Info Summary - Learn 86 Part 1 - States and UTs Ar2 - Information Creation of new states after acquiring a new territory - Example Sikkim India can acquire foreign territories according to the modes recognised by international law, i.e., - cession (following treaty, purchase, gift, lease or plebiscite), - occupation (hitherto unoccupied by a recognised ruler), - conquest (through military action) - subjugation (by force or oppression) 87 P1 - States and UTs Ar3 - Information Creation of new states from existing states - AP and TL, UP and UK, BH and JH, MP and CH, JK and Ladakh Plus - increase/diminish areas of states - alter boundaries of state - rename states - This is a CAA Requires prior recommendation of the President Process (Reorganization Bill/Act) - Bill first sent to President - details on boundaries, RS/LS seats, districts and population - Bill sent to VS (Vidhan Sabha)/VP of that state - Decision sent back to President - Finally sent to LS/RS - If passed then decision/recommendation of state is NOT a mandate (or binding) on Parliament - This means "territorial integrity or continued existence of any state is not guaranteed by the Constitution." - India - an indestructible union of destructible states - for UT, UT legislature is not asked 88 Part 1 - States and UTs Ar3 - History of state formations (post 1960) 1954 - Pudducherry from France 1960 - Gujarat and Maharashtra from Bombay State 1961 - Dadra and Nagar Haveli, Goa, Daman, Diu 1963 - Nagaland 1966 - Haryana: Carved out from Punjab 1971 - Himachal Pradesh: Transitioned from a union territory to full statehood 1972 - Meghalaya, Manipur, and Tripura 1975 - Sikkim 1987 - Arunachal Pradesh 2000 - Chhattisgarh, Uttarakhand, and Jharkhand: Formed from Madhya Pradesh, Uttar Pradesh, and Bihar, respectively 2014 - Telangana: Separated from Andhra Pradesh due to demands for equitable regional development 89 Part 1 - States and UTs Ar4 - Information Making changes via Article 2 and Article 3 means changes in schedule 1st and 4th - thus this is CAA - done by Simple Majority and NOT via Special majority of A368 Berubari vs UOI case, 1960 - Power to diminish the areas of state under Article 3 DOES NOT include the power to cede Indian territory to a foerign country - Ceding a territory (giving a territory via Article 2) to be done by A386's Special Majority - Diminishing an area is via Ar 3's Simple Majority - settlement of a international boundary dispute between India and another country does not require a CAA S No Topic Sub-Topic Info Summary - Learn 90 Cases Princely states to India Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 - Hyderabad by means of police action - Junagarh by means of referendum - Kashmir by the Instrument of Accession. 91 Committees Linguistic Committees Dhar Commision JVP Committee Fazl Ali Commission (AKA Reorganization Commission) SK Dhar Committee,1948: recommended against reorganization on the basis of language JVP Committee - Recommended against re-organization on the basis of language But Potti Sriramulu went into a 56 day hunger strike for a telugu speaking state's demand and died - lot of uprising Fazl Ali Commission - Rejected the theory of one-language-one-state, but agreed to organize states as per linguistic basis - interviewd common public across India - 7th CAA, 1956, Nehru - made 14 states and 6 UTs - 10th CAA - Dadra and Nagar Haveli Acquisition - 12th CAA - Goa, Daman and Diu Acquisition - 14th CAA - Puducherry, Karaikal, Mahe and Yanam Acquisition 92 Part 2 - Citizenship Articles Ar 5 to Ar 11 93 Part 2 - Citizenship Basics Single Citizenship and One Domicile Articles not available for non-citizens - Ar 15, 16, 19, 29, 30 - Right to vote, stand in MP/MLA elections, hold certain posts like President, SC+HC judge, etc 94 Part 2 - Citizenship Acquisition Ways - By birth - Before 1987 - just born in India is enough - 1987-2004 - Born in India + one parent citizen - 2004+ - Born in India + both parent citizen - By Descend - Before 1992 - father a citizen at time of birth - 1992 - 2004 - either of parent citizen at time of birth - 2004+ - if registered at an Indian consolate within 1 year - central govt permits post that 1 year period - By Acuisition - India acquires a territory - By Registration - Marrying an Indian Citizen + 7 years in India - By Naturalization - Living in India since past 14 years - min 11 continuous years stay in last 14 years with last 12 months fully in India (total of 11 years + 12 months = 12 years) - By incorporation of a territory - Assam Accord + Citizenship Amendment Act 2019 S No Topic Sub-Topic Info Summary - Learn 95 Part 2 - Citizenship Citizenship Amendment Act Citizenship Act - 1955, Amended multiple times Citizenship Amendment Act - 2019 - Illegal immigrants from Pak, Bangladesh, Afg who came before 2014 - These were minorities in these countries - Hindus, Parsis, Sikhs, Christians, Buddhists, Jains who were oppressed there and illegally entered India - Will be given Citizenship - Naturalization relaxed basically, min 5 continuous years stay in India in last 14 years with last one month fully. (total of 5 years + 12 months = 6 years) 96 Part 2 - Citizenship L.M. Singhv Committee Role - make a comprehensive study of the global Indian Diaspora Recommendations - dual citizenship to the Persons of Indian Origin (PIOs) Actions post that - made provision for acquisition of Overseas Citizenship of India (OCI) by the PIOs - OCI is not actually a dual citizenship as the Indian Constitution forbids dual citizenship or dual nationality - Citizenship Amendment Act 2015 - “Overseas Citizen of India Cardholder” by merging the PIO card scheme and the OCI card scheme. 97 Part 3 - FR Articles Ar 12 to Ar 35 Part III of the Constitution = Magna Carta of India. 98 Part 3 - FR Basics Justiciable, Enforceable Negative Rights - Limitations on Govt All have reasonable restrictions on them All can be suspended during national emergency except Ar 20, Ar 21 - FRs are not actually suspended but enforcement is delayed 6 rights under Ar 19 can be suspended during emergency on grounds of war, external agreesion, but not on grounds of armed rebellion 99 Part 3 - FR Classification Right to equality - 14, 15, 16, 17, 18 (equal has 5 letters) - applicable to both citizens and residents except 15, 16 Right to freedom - 19, 20, 21, 22 (free has 4 letters) - applicable to both citizens and residents except 19 Right against exploitations - 23, 24 - applicable to both citizens and residents Freedom of religion - 25, 26, 27, 28 (free has 4 letters) - applicable to both citizens and residents Cultural and Educational Rights - 29, 30 - applicable to only citizens Right to legal remedy - 32 - applicable to both citizens and residents 12, 13 - sperate context, will be learnt 31, 33, 34, 35 - skipped - 34 - Martial Law 44th CAA - delected Article 31 100 Part 3 - FR Types of person in law Legal (Eg, companies, etc), Natural (individuals) S No Topic Sub-Topic Info Summary - Learn 101 Part 3 - FR Index to learn FRs 12 - Define state 13 - Only part of laws can also become null and void 14 - eqaulity before law, equal protection of law 15 - no discrimination and education reservation 16 - equal opportunity and employment reservation 17 - no untouchability 18 - no titles 19 - 6 rights - speech and expression, peaceful assembly, form associations/unions/co-ops, move freely, reside/settle freely, any profession 20 - protection while being convicted 21 - right to life and many others 21 A - free and compulsory education from 6 to 14 years 22 - protection when being arrested 23 - banned forced labour, human trafficking, begar, devdasi, etc 24 - prohibition of employment of children in hazardous places 25 - conscience + profess/practice/propagate any religion 26 - collective freedom of religion - religious institutions, acquire property, administer property 27 - no compelling of tax for any particular religion 28 - 4 types of educational institution and where all religion instructions are allowed 29 - protect own's culture, language, script 30 - institution by religious and linguistic minorities 32 - right to constitutional remedies - Writs 102 Part 3 - FR Article 12 Defines the "State", it includes - Union Govt (exec) + Parliament (legis) - State Govt + State legislatures - All local and other authorities within India or under control of Govate Comapny - All statutory and non-statutory authorities - Private companies that are working as instrument of "state" All FRs are against the "State" Note: It does not include Judiciary and Private Companies Note: Only Private companies that are working as instrument of "state" fall withing the meaning of "state" Note: the FRs in Articles 19 and 21 are enforceable even against persons other than the state or its instrumentalities. 103 Part 3 - FR Article 13 For laws that were before commencement of consti - Entire act wont be scrapped off if part of it found inconsistent with FRs, only that part will be void Pos