Indian Constitution Past Paper PDF

1934 by M N Roy National Flag adopted 22 July 1947...

1934 by M N Roy National Flag adopted 22 July 1947 1935 by congress Britain accepted in 1945 Common Wealth membership May 1949 Demand of 1936 by J L Nehru in Lucknow session Constituent Assembly 1946 in India adopted National Anthem (Jana Gana Mana) August Offer by Linlithgow by Ravindranath Tagore Important Dates Pathic Lawrence (chairman) 1940 Demand for CA was accepted adopted National Song (Vande Mantram) A V Alexandar members by Bakim Chatterjee but rejected by Congress & Muslim League Stafford Cripps 284 people signed the constitution 24 Jan. 1950 elected Rajendra Prasad - 1st President Cabinet Mission Plan Last sitting 284 members signed constitution (15 female) 9 Dec. 1946 1st meeting - 211 members President - Rajendra Prasad Constitution Maker Constituent 13 Dec. 1946 Objective Resolution by J L Nehru Temporary President - Sachidananda Sinha Assembly Objective Resolution adopted President - G V Mavalankar 22 Jan. 1947 Vice President - V T Krishnamachari Law Maker Funcion Committee - Major 8 & Minor 13 Provisions & H C Mukherjee Union Power Committee Jawaharlal Nehru Legal Adviser - B N Rao completed in - 2 yrs 11 mon. 17 days Rules Of Procedure Committee Dr Rajendra Prasad Chief Draftsman - S N Mukherjee Provincial Constitution Committee Sardar Patel Citizenship Some provisions adopted in - Steering Committee Dr Rajendra Prasad Elections were imposed 26 Nov. 1949 Major Drafting Committee Dr B.R Ambedkar Provisional Parliament Advisory Committee on Fundamental Rights, Sardar Patel enforced in - 26 Jan. 1950 Constitution Minorites & Tribal and Excluded Areas Symbol - Elephant Making of Union Constitution Committee Jawaharlal Nehru Nand Lal Bose Constitution States Committee Jawaharlal Nehru Decoration Beohar Rammanohar Sinha Committee on the Functons of the G.V Mavalankar 9-23 Dec. 1946 1st draft Constituent Assembly Prem Bihari Narain Raizada - English Committee Calligraphy Ad-hoc Committee on citizenship S Varanchari 6-17 Oct. 1949 10th draft Vasant Kumar Vaidya - Hindi Press Gallery Commitee usha Nath Sen 14-26 Nov. 1949 11th draft Important Drafts 4 Nov. 1948 Credentils Committee Alladi Krishnaswamy Ayvar final draft by B R Ambedkar from Bengal Constituency Order of Business Cotmmittee Dr K-M. Munshi Finance and Staff Committee Dr Rajendra Prasad formed in - 29 Aug. 1947 Minor Committee on Chief Commissioners' Provinces B. Pattabhi Sitaramayya Bhim Rao Ambedkar - Chairman House Committee B. Pattabhi Sitaramayya Alladi Krishnaswamy Ayyar Ad-hoc Committee on the Supreme Court S. Varadachari N. Gopalaswamy Ayyangar Drafting Committee Expert Committee on Financial Provisios Nalini Ranjan Sarkar 7 members Muhammed Saadullah Special Committee to Examine the Draft K M Munshi Jawaharlal Nehru Constituton B L Mitter replaced by N. Madhav Rau Commission on Linguistc Provinces S.K. Dar D P Khaitan replaced by T T Krishnamachari Ad Hoc Committee on the National Flag Dr Rajendra Prasad  Mostly influenced the Indian constitution Concept - USA Emergency provision Borrowed from Language - Australia Supreme Court establishment GOI act 1935 modified form of Objective resolution PCS adopted on 22 January 1949 Officer of Governor enforced on 26 January 1950 Federal scheme ID Card of the Constitution by N A Palkivala Parliamentary form of government Statement Passed Horoscope of the Constitution by K M Munshi Parliamentary privileges Keynote of the Constitution by Ernst Barker Single citizenship Preamble Source of authority of the constitution People of India Rule of law UK Sovereign, Socialist, Secular, Nature Democratic & Republic Writs Ingredients Justice Social, Economic & Political Legislative procedure Liberty Thought, Expression, Worship, Belief & Faith Bicameral Parliament Objective Equality Status & Opportunity Fundamental Rights 1960 Fraternity Berubari Union Case Preamble Preamble is not a part of Constitution & only once in - 42th CA, 1976 cannot be Amended (known as mini Constitution) Separation of Power Amendment 1973 added - Integrity, Socialist & Secular Supremacy of Constitution Preamble is a part of Constitution & can be amended Independence of judiciary (removal procedure of SC and HC) Case Supreme Court / High Court can reverse the 1. Territories expansion & jurisdiction Keshavnanda Bharti Case decision Judicial review USA 2. Emoluments Requires more bench of judges Equal protection of law Election of Head of the State (President) Preamble & Schedule 3. Affirmation & Oaths 13 judges were present (highest till now) 4. Rajya Sabha Seats LIC Case confirmed Keshavnanda Bharti Case Impeachment of President Source of the 5. Scheduled Areas Post of Vice President constitution 6. Other Schedule Areas Assam, Tripura, Mizoram & Meghalay Financial Emergency Federation with a Strong Centre Centre appoints Governor of State Canada Residuary power - only to Centre Advisory jurisdiction of Supreme Court 7. Federal Provision Concurrent List Freedom of trade and commerce Schedule Australia Joint sitting of two houses Division of powers between Centre and State originally - 14 DPSP Ireland at present - 22 Nomination of members in Rajya Sabha 21st CA Sindhi added President’s power - Emergency 8. Official Languages 71st CA Konkani, Manipuri, Nepali Germany Suspension of Fundament Rights during emergency 92nd CA Bodo, Dongri, Maithili, Santhali Fundamental Duties 96th CA Odia Ideals of Justice - Social Economical & Political USSR (Russia) 9. Land Reforms 1st CA - 1951 Five Year Plans 10. Defection Law 52nd CA - 1985 Liberty, equality, fraternity 11. Panchayats 73rd CA - 1992 France Republic system 12. Municipalities 74th CA - 1993 Procedure established by law Japan  By birth Name & territory of the Union By decency - born outside India, but are Indian India, that is Bharat, shall be a Union of States citizen Article - 1 States and territory specified By registration - origin India (7 years residing Acquire the territories of the States in India) Territory of India Union territories specified in 1st Schedule By naturalisation - origin not of India (12 years of residing in India) other territories as may be acquired By incorporation of territories Admission/Establishment of new states Article-2 By renunciation (by own will) Parliament may by law admit into the Union, or establish, new States By termination (voluntarily acquired citizenship of other country without Lose Formation of new states & alteration of areas, informing) boundaries or names of existing States Citizenship Act 1955 By deprivation (document, malfunction, alter the area of any state helping enemy country at war with India) altering the boundary of States Article-3 alter the name of any State Part-I Regulated by Parliament no bill to be introduced in either house of the Union & Its territory Parliament, unless with recommendation of Article 5-11 President Single Citizenship taken from UK Provisions Not finding on Parliament (advisory in nature) Citizenship at the commencement of the New Delhi in bills Constitution Give to particular State for suggestions (Governor) should have a domicile mendetory Article - 5 Laws made under articles 2 & 3 born in India either of the parents of Indian origine either one of these Amendment in article 1 & 3 & Schedule 1 & 2 will not be dealt as amendment under Art. 368 who is a ordinary resident for at least 5yrs Part-II dealt as Amendment under Art. 368 make sure Rights of citizenship of certain persons who Article - 6 Citizenship to change in Schedule 1st & 4th have migrated to India from Pakistan Only by Simple Majority Is applicable when a Rights of citizenship of certain migrants to territory is added from outside to inside Article - 7 1948 Pakistan Fully fledge state on 1 Nov 1956 Andhra Pradesh (2/3 members present + voting) Article-4 Rights of citizenship of certain persons of 1960 Maharashtra S K Dhar Commission Linguistic basis model rejected Berubari Union Case Article - 8 Indian origin residing outside India 1959 1960 Gujarat States to be organised on the basis of Indian territory if it has to be given to a “Administrative Convenience”, not linguistic foreign territory - Art 368 applicable Persons voluntarily acquiring citizenship of a foreign State not to be citizens Article - 9 1963 Nagaland Part - I & II basis Indo-Bangladesh agreement Continuance of the rights of citizenship Article - 10 1966 Haryana 1948 100 CA Linguistic Provision JVP Committee State should not be formed on linguistic basis Parliament to regulate the right of citizenship 1971 Himachal Pradesh India’s few parts to Bangladesh by Special by law Article - 11 commission 2014 Majority 1972 Meghalaya Members - J L Nehru, Vallabhbhai Patel, Pattabhisitaramayya Bangladesh few parts to India by Simple Majority 1972 Manipur Potti Sriramulu died during Fast unto death (56 days) 1972 Tripura Formation of States After his death, 1st linguistic state of India 1953 Dec 1953 formed 1975 Sep/Oct 1953 Fazal Ali (chairman) Earlier ruled by Chogyal Dynasty Andhra Pradesh Sikkim Telugu speaking area members K M Panikkar Associate State - Art 2A - 35th CA, 1974 H N Kunzru Complete Statehood - 36th CA, 1975 Fazal Ali Commission Rejected the theory of “one language one 1987 (UT) state” Goa 56th CA (statehood) Accepted the linguistic basis of formation of state 1987 Arunachal Pradesh State Reorganisation Act, 1956 special powers 1987 Mizoram  Art: 12-35 Magna Carta Art. 15, Art. 16, Art. 19, Art. 29 & Art. 30 Rights available to citizens FRs are not absolute but qualified (very limited) Fundamental FRs are not sacrosact (are not permanent) power to make laws to give effect to fundamental rights (vested only on Parliament) Article 35 Rights FRs are justiciable in nature Art 31 & Art 19(f) restriction on fundamental rights while Martial Law is in force Article 34 Right to Property PM - Morarji Desai has been removed State Govt. now legal right - 300 A Government Parliament power to restrict fundamental Within the rights of armed personals Article 33 Article 12 Definition of term The State Parliament territory of India Govt. body Right to constitutional remedies Local/other authorities any laws which inconsistent/controversial with Article 13 FR shall be declared null & void (by judiciary) Right to Equality from UK Art. 14-18 Equality before the law from UK All citizens shall have the right- Article 14 Equal protection of the law from USA Art. 19(a) to freedom of Speech & expression Writs Presidents, MLAs/MPs cannot be arrested on Art. 19(b) to assemble peaceably & without arms Exceptions civil matters Article 32 Article 19 Art. 19(c) to from association or union Equality to status Article 15 to move freely throughout the territory of Right against discrimination Gender, race, Art. 19(d) India caste, sex, religion & place of birth to reside & settle in any part of the territory Art. 19(e) Equality to public employment by B R Ambedkar Heart & Soul of Constitution of India to practice any profession or to carry on any Equality of opportunity in matters of public Supreme Court cannot refuse to issue writ Art. 19(g) Article 16 occupation, trade or budiness employment but High Court can protection in respect of conviction for promotion & reservation in appointment High Court writ jurisdiction is wider than offences (not a violation of Right to Equality) Protection of interests of minorities Supreme Court rich jurisdiction Art. 16(4) Balaji v/s State of Mysore Article 29 No person shall be convicted of any offence Right to protect language, script, culture of every citizen for any section of society Cultural & Educational right Part-III Article 20 no ex post facto law except for violation of a law in force at the time of the commission Cases Devdasan v/s Union of India Case Right of minorities to establish & administer Art. 29-30 No person shall be prosecuted & punished for Indira Sawhney Case (1993) educational institutions no double jeopardy the same offence more than once Article 17 Abolition of untouchability Article 30 Right to establish & administer educational No person accused of any offence shall be no self incrimination State cannot provide title institutions (Only for minorities) Right to Freedom compelled to be a witness against himself Article 18 Abolish of titles Art. 19-22 Protection of life & personal liberty Exception: in case of education, military, Freedom of conscience and free profession, excellency Article 25 practice and propagation of religion Article 21 no person shall be deprived of his life & personal liberty except according to procedure freedom to manage religious affairs Article 26 established by law Freedom as to payment of taxes for promotion Article 27 Right of religion Right to education of any particular religion Art. 25-28 provide free and compulsory education to all Freedom as to attendance at religious Article 21 A children of the age of 6 to 14 years instruction or religious worship in certain Article 28 educational institutions by 86th CA, 2002 Prohibition of Human trafficing & forced labor Protection against arrest and detention in certain cases Article 23 Exception - under this article, state can force No person who is arrested shall be detained in people to do compulsory services Right against exploitation custody without being informed Prohibition of child labour Art. 23-24 Every person who is arrested and detained in Article 24 custody shall be produced before the nearest Below 14 yrs can't be employed in Article 22 magistrate within twenty-four hours hazarduous/dangerous place Punitive - crime has done Preventive - on suspect  Promote international peace and security Directive Principles of Our State Policy Article 51 maintain honorable relations between nations borrowed from Ireland DPSP The State shall separate the judiciary from Articles 36-51 the executive in the public services Article 50 Novel feature of Constitution by B R Ambedkar use to check constitutional value of any law Conscience of the Constitution by Grainville Austin The State shall protect every monument, place & object of artistic/historic interest Article 49 Statements India’s Federalism is Quasi-federal by KC Wheare DPSP are like Check on Bank payable at The State shall protect & improve the by Prof. K.T. Shah Meaning of The State convinience of the bank environment & safeguard the forests & wildlife Article 36 same as Part-III (Art. 12) of the country The State shall organize agriculture and Article 48A The provisions contained in this Part shall not animal husbandry on modern & scientific lines added by 42nd CA, 1976 be enforced by any court Article 48 Article 37 The State shall prohibit the slaughter, of cows are non-justiciable and calves & other milch & draught cattle The State shall regard the raising of the level have the right to an adequate means of The State shall promote the welfare of the Art. 39(a) of nutrition and the standard of living livelihood people by securing and protecting The State shall prohibit the consumption Article 47 Article 38 material resources of the community are so the State to reduce inequalities in income, except for medicinal purpose of intoxicating Art. 39(b) distributed as best to subserve the common status, facilities, & opportunities drinks & drugs good (added by 44th CA, 1978) Article 46 operation of the economic system does not Art. 39(c) result in the concentration of wealth The state shall provide special care on Article 39 equal pay for equal work for both men & educational & economic interests for SCs, Art. 39(d) STs, & other weaker sections of the society women The State shall endeavor to provide, Care for children within ten years for free Health & strength of citizens are not abused Article 45 Art. 39(e) and forced by economic necessity to enter compulsory education for all children until they complete the age of fourteen years Article 39A avocations unsuited to their age or strength (added by 86th CA) The State shall endeavor to secure uniform children are given opportunities & facilities to civil code throughout the territory of India Article 44 The State shall provide free legal aid to poor, Art. 39(f) - Children develop in a healthy manner, freedom & dignity by suitable legislation/schemes, to ensure (added by 42nd CA, 1976) The State shall promote voluntary formation, that opportunities for securing justice autonomous functioning & professional management of cooperative societies Part-IV Article 43B added by 42nd CA, 1976 added by 97th CA, 2011 The State shall organize village panchayats & The state shall secure the participation of Article 40 endow them with powers & authority workers in the management of any industry Article 43A added by 42nd CA, 1976 Right to work Secure a living wage in cases of unemployment, Article 41 Right to education old age, sickness, & disablement a decent standard of living Right to public assistance full enjoyment of social & cultural opportunities Article 43 The State shall make provisions for securing the State shall endeavor to promote cottage Article 42 humane conditions of work & for maternity industries relief  1915 FRs would prevail over DPSP Champakam Dorairajan Case borrowed from USSR FRs are amendable on the recommendation of Sardar Swaran Singh Committee 1967 Fundamental 10 duties added by 42nd CA parliament can't take away FRs Duties 11th FD - 51 (k) added by 86th CA 24th CA - parliament can amend FR Golaknath Case (by parliament) Only applicable to Indians 25th CA - no laws which seek to impliment Fundamental Rights to abide by the Constitution & respect its Art. 39 (b) & (c) shall be declared null & void on v/s DPSP Article 51A (a) ideals and institutions, the National Flag, & the ground of Art. 14 & Art. 19 the National Anthem 1973 to cherish & follow the noble ideals which Article 51A (b) inspired our national struggle for freedom 13 bench judges case Kesavnanda Bharti Case Parliament can amend FRs however must can't to uphold & protect the sovereignty, unity, & desturb the basic structure of constitution Article 51A (c) integrity of India Constitutional is found on the bedrock of the to defend the country & render national Minerval Mill Case balance b/w FRs & DPSP Article 51A (d) service when called upon to do so to provide opportunities for education by the Promote harmony and spirit of common parent the guardian, to his child (between the Article 51A (k) brotherhood mongst all the people of India age of 6-14 years) Part-IV(A) Article 51A (e) to renounce practices derogatory to the dignity of women to strive towards excellence in all spheres of individual & collective activity Article 51A (j) to value & preserve the rich heritage of our Article 51A (f) composite culture to safeguard public property & to abjure violence Article 51A (i) to protect & improve natural environment Article 51A (g) to develop the scientific temper, humanism, & to have compassion for living creatures the spirit of inquiry and reform Article 51A (h)  Power of President to grant pardons Chapter 1 The Executive The President shall have the power to grant pardons, reprieves, respites, or remissions of Chapter 2 Parliament punishment or to suspend, remit or commute Article 72 the sentence Part-V Chapter 3 Legislative Power of The President The Union can pardon Death Sentence Chapter 4 The Union Judiciary Election to fill vacancy Chapter 5 Comptroller and Auditor-General of India An election to fill the term of office of President shall be completed before the Article 62 Head of Indian Union expiration of the term The Union Executive 1st Citizen of India in the case of Death, Resign or Removal - Vice- Procedure for impeachment of the President president, CJI or Judge of SC shall act as The President of India Acting President President is to be impeached for violation of Article 52 the Constitution There shall be a President of India. Executive power of the Union. the charge shall be preferred by either House of Parliament Executive power of the Union shall be vested Article 53 in the President such a resolution has been moved after at least 14 days’ notice in writing Article 61 Article 54 The supreme command of the Defence Forces of the Union Shall be vested in the President signed by not less than 1/4th of the total number of members of the House Election of President Such a resolution has been passed by a The President shall be elected majority of not less than 2/3rd of the total membership of the House by the elected members of both Houses of Manner of election of President Oath or affirmation by the President Parliament & the Legislative Assemblies of the State (All elected MPs & MLAs) Indirect election (Rajya sabha, President, Vice before entering upon his office, make and President) subscribe in the presence of the Chief Justice Article 60 of India Proportional Representative + Single Article 55 Transferrable Vote or, in his absence, the senior most Judge of the Supreme Court available Conditions of President’s office President by secret Ballot The President shall not be a member of either Term of office of President House of Parliament or a House of the Article 59 Legislature of any State The President shall hold office for a Article 56 term of five years The emoluments and allowances of the President shall not be diminished during his Qualifications for election as President term of office resignation to the Vice-President citizen of India completed the age of thirty-five years Article 58 Eligibility for re-election ualified for election as a member of the House Article 57 of the People eligible for re-election to that office shall not hold any office of profit under the Government of India or the Government of any State  Matters relating to, or connected with, the election of a President or Vice-President The Vice-President of India All election doubts & disputes in the election Article 71 Article 63 There shall be a Vice-President of India. of President & Vice-President shall be inquired & decided by Supreme Court only The Vice-President to be ex officio Chairman of the Council of States Discharge of President’s functions in other Article 70 Article 64 contingencies shall not hold any other office of profit Oath or affirmation by the Vice-President. The Vice-President to act as President or to discharge his functions during casual Every Vice-President shall, before entering Article 69 Article 65 vacancies in the office, or during the absence, upon his office, make and subscribe before the of President President Election of Vice-President Time of holding election to fill vacancy in the office of Vice-President The Vice-President shall be elected by the members of both Houses of Parliament An election to fill a vacancy \shall be (All MPs) completed before the expiration of the term Article 68 Vice-President Proportional Representative + Single Transferrable Vote An election to fill a vacancy in the office of Vice-President occurring because of his death, Term of office of Vice-President resignation or removal shall be held within 60 The Vice-President shall not be a member of The Vice-President shall hold office days for a term of five years Article 66 either House of Parliament or a House of the Legislature of any State resignation to the President citizen of India a Vice-President may be removed from his Article 67 Eligible for election ompleted the age of 35 years office by a resolution of the Council of States as Vice-President passed by a majority of all the then members qualified for election as a member of Rajya