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THE PUNDITS THE PUNDITS STATIC GK SERIES 4. CONSTITUTION OF INDIA For upcoming PDFs of this series, Join - https://telegram.me/ThePundits_Official 1 THE PUNDITS INDEX 1. Making Of Constitution...

THE PUNDITS THE PUNDITS STATIC GK SERIES 4. CONSTITUTION OF INDIA For upcoming PDFs of this series, Join - https://telegram.me/ThePundits_Official 1 THE PUNDITS INDEX 1. Making Of Constitution 2. Indian Constituent Assembly 3. Sources of Indian Constitution 4. Schedules of Indian Constitution 5. Parts of Indian Constitution 6. Important Articles of Indian Constitution 7. Important Amendments in Indian Constitution 8. Types of Writs 2 THE PUNDITS Making of constitution The idea to have a constitution was given by MN ROY. Constitution of India was hand written by Prem Behari Narain Raizada. Interim Government The Cabinet of the Interim Government of India was composed of the following members: 1. External Affairs and Commonwealth Relations: Jawaharlal Nehru (INC) 2. Home Affairs, Information and Broadcasting: Sardar Vallabhbhai Patel (INC) 3. Agriculture and Food: Rajendra Prasad (INC) 4. Defence: Baldev Singh (INC) 5. Finance: Liaquat Ali Khan (Muslim League) 6. Education and Arts: C Rajagopalachari (INC) 7. Health: Ghazanfar Ali Khan (Muslim League) 8. Labour: Jagjivan Ram (INC) 9. Works, Mines and Power: C H Bhabha (INC) 3 THE PUNDITS Indian Constituent Assembly The demand was taken up by the Congress Party in 1935 as an official demand. The British accepted this in the August Offer of 1940. The Constituent Assembly of India was established in accordance with the provisions of the Cabinet Mission Plan of May 1946. The Assembly was made up of 389 members who represented provinces (292), states (93), Chief Commissioner Provinces (3), as well as Balochistan (1) On December 9, 1946, the first meeting was held and Dr. Sachidanand Sinha was elected as Temporary President. Dr. Rajendra Prasad was elected as the Assembly's permanent Chairman on December 11, 1946. 11 sessions of the Constituent Assembly were held. Time period is 2 years, 11 months, and 18 days. Total Cost = 64 lakh On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’ adopted on 22 Jan 1947. National Flag was adopted on: July 22, 1947 National Anthem was adopted on: January 24, 1950 National Song was adopted on: January 24, 1950 National Emblem was adopted on: January 26, 1950 Dr. Rajendra Prasad was elected as India's first President on: January 24, 1950. Constitution of India was adopted on: November 26, 1949 Since 2015, November 26 is celebrated as Constitution Day. 4 THE PUNDITS Constitution of India came into force on: January 26, 1950 Citizenship, Election, Provincial Parliament implemented with immediate effect on: November 26, 1949. Chairman of Major Committees of the Indian Constituent Assembly Union Constitution Committee: Jawaharlal Nehru Union Powers Committee: Jawaharlal Nehru States Committee: Jawaharlal Nehru Steering Committee: Rajendra Prasad Ad hoc Committee on the National flag: Rajendra Prasad Committee on the Rules of Procedure: Rajendra Prasad Finance and Staff Committee: Rajendra Prasad Provincial Constitution Committee : Vallabhbhai Patel Advisory Committee on Fundamental Rights: Vallabhbhai Patel Committee on the Functions of the Constituent Assembly: G.V. Mavalankar Committee on Minorities and Tribal and Excluded Areas: Vallabhbhai Patel Special Committee to Examine the Draft Constitution: Alladi Krishnaswami Ayyar Drafting Committee: B.R. Ambedkar Fundamental Rights Sub-Committee: J.B. Kripalani Minorities Sub-Committee: H.C. Mukherjee Order of Business Committee: K.M. Munshi 5 THE PUNDITS Sources of Indian Constitution 1) Australia Concurrent list Freedom of trade, commerce and intercourse Joint-sitting of the two Houses of Parliament Language of Preamble 2) Canada Advisory jurisdiction of the Supreme Court Appointment of state governors by the Centre Federation with a strong Centre Vesting of residuary powers in the Centre 3) France Republic Ideals of liberty, equality and fraternity in the Preamble 4) Germany Emergency Provision Suspension of Fundamental Rights during emergency 5) Ireland Directive Principles of State Policy Method of election of the president Nomination of members to Rajya Sabha 6 THE PUNDITS 6) Japan Procedure Established by law 7) South Africa Election of members of Rajya Sabha Procedure for amendment in the Indian Constitution 8) Soviet Union (USSR) (Now - Russia) Fundamental duties Ideals of justice (social, economic and political) in the Preamble Procedure of 5 Year Plan 9) United Kingdom (UK) Bicameralism Cabinet system Council of Ministers Law Making Procedure Legislative procedure Office of CAG Parliamentary form of government Parliamentary privileges Post of Prime Minister Prerogative writs President Nominal Head Provision of Speaker in Lok Sabha Rule of Law Single Citizenship 7 THE PUNDITS 10) United States of America Fundamental rights Independence of judiciary Impeachment of the president Judicial Review Removal of Supreme Court and High Court judges Post of vice president Preamble Written Constitution 11) Government of India Act 1935 Administrative details Emergency provisions Federal Scheme Judiciary Office of governor Public Service Commissions Schedules of Constitution Originally there were 8 schedules in the Indian Constitution but now there are 12 Schedules in the Constitution of India. They are: 1st Schedule - Name of States and Union Territories. 8 THE PUNDITS 2nd Schedule - Salary & emoluments of the followings - President of India Governors of Indian States Speaker of Lok Sabha & Deputy Speaker of Lok Sabha Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha Speaker and Deputy Speaker of Legislative Assemblies of Indian States Chairman and Deputy Chairman of Legislative Councils of the Indian States Supreme Court Judges High Court Judges Comptroller & Auditor General of India (CAG) 3rd Schedule - Oath of the followings – Union Ministers of India Parliament Election Candidates Members of Parliament (MPs) Supreme Court Judges Comptroller and Auditor General State Ministers State Legislature Elections’ Candidates State Legislature Members High Court Judges 4th Schedule - Allocation of seats for States and Union Territories in the Rajya Sabha. 5th Schedule - Administration and control of scheduled areas and scheduled tribes. 9 THE PUNDITS 6th Schedule - Administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram. 7th Schedule – Distribution of Power between Union & State Government three legislative lists. A) Union List – Originally had 97 subjects but now it has 98 subjects some examples are – Defence, Army, International Relations, Ports, Railways, Highways, Communication, War & Peace, Inter-State trade and commerce, Citizenship, Post & Telegraph. B) State List - Originally had 66 subjects but now it has 59 subjects some examples are – Public order, Police, Public health and sanitation, Hospitals and dispensaries, Betting and gambling, Agriculture, Tolls, Land Revenue, Markets & Fairs. C) Concurrent List - Originally had 47 subjects but now it has 52 subjects some examples are – Education, Forest, Trade unions, Marriage, Adoption, Newspapers, Books, Property other than agriculture land. 8th Schedule - 22 official languages are recognized by the Constitution. Initially, there were 14 official languages which are the followings- 10 THE PUNDITS 1. Assamese 2. Bengali 3. Gujarati 4. Hindi 5. Kashmiri 6. Kannada 7. Malayalam 8. Marathi 9. Odia 10. Punjabi 11. Sanskrit 12. Tamil 13. Telugu 14. Urdu 15. Sindhi - was added in 1967 by 21st Constitutional Amendment Act. 16. Konkani, 17. Manipuri & 18. Nepali were added in 1992 by 71st Constitutional Amendment Act. 19. Bodo, 20. Dogri, 21. Maithili & 22. Santali were added in 2004 by 92nd Constitutional Amendment Act. 9th Schedule - It deals with the state acts and regulations of that deal with land reforms and the abolition of the Zamindari system. It was added by1st constitutional amendment Act in 1951 & it comes under article 31B. It has 284 laws. 10th Schedule – Anti-Defection Law (it is related to disqualification of the members of Parliament & State Legislatures on the ground of defection). It was added with 52nd constitutional amendment Act in 1985. 11 THE PUNDITS 11th Schedule -Powers, authority & responsibilities of Panchayats. It was added with 73rd constitutional amendment Act in 1992. It has 29 subjects. 12th Schedule - Powers, authority and the responsibilities of Municipalities. It was added with 74th constitutional amendment Act in 1992. It has 18 subjects. Parts of Constitution Originally there were 22 parts in the Indian Constitution but now there are 25 Schedules in the Constitution of India. They are: Part I – The Union & its Territory : Article 1-4 Part II – Citizenship : Article 5-11 Part III – Fundamental Rights : Article 12-35 Part IV – Directive Principles of State Policy : Article 36-51 Part IV(A) – Fundamental Duties : Article 51A Part V – The Union : Article 52-151 12 THE PUNDITS Part VI - The State Governments : Article 152 to 237 Part VII – Deals with states in part B but repealed in 1956 by 7th constitutional amendment act. Part VIII - The Union Territories : Article 239 to 242 Part IX – Panchayat : Article 243 & 243(O) Part IX(A) - The Municipalities : Article 243-P to 243-ZG Part IX(B) - The Co-operative Societies : Article 243-ZH to 243-ZT Part X - The Scheduled and Tribal Areas : Article 244 to 244-A Part XI - Relations between the Union and the States : Article 245 to 263 Part XII - Finance, Property, Contracts and Suits : Article 264 to 300-A Part XIII - Trade, Commerce and Intercourse within the Territory of India : Article - 301 to 307 Part XIV - Services under the Union and the States : Article 308 to 323 13 THE PUNDITS Part XIVA – Tribunals : Article 323A - 323B Part XV – Elections : Article 324 - 329A Part XVI - Special Provisions relating to Certain Classes : Article 330-342A Part XVII – Official Language : Article 343-351A Part XVIII – Emergency Provisions : Article 352-360 Part XIX – Miscellaneous : Article 361-367 Part XX – Amendment of the constitution : Article 368 Part XXI - Temporary, Transitional and Special Provisions : Article 369-392 Part XXII - Short title, Commencement, Authoritative Text in Hindi and Repeals : Article 393-395 14 THE PUNDITS Articles of Constitution Article 1-4: - The Union & its Territory Article 1- Name and territory of the union. Article 2 – Admission and Establishment of the new state. Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states. Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules. Article 5-11: - Citizenship Article 5 - Citizenship at the commencement of the constitution Article 6 - Rights of citizenship of a certain person who has migrated to India from Pakistan Article 7 – Rights of citizenship of certain Migrants to Pakistan Article 8- To certain persons of Indian origin residing outside India Article 9 – Person Voluntarily Acquiring Citizenship of a foreign state not to be Citizens of India Article 10 - Continuance of rights of citizenship Article 11 - Parliament to regulate the right of citizenship by law 15 THE PUNDITS Article 12-35: - Fundamental Rights This part is known as “Magna Carta” of Indian Constitution. Article 12 - Definition of the State Article 13- Laws inconsistent with or in derogation of the fundamental rights. Total 6 Fundamental Rights in Indian Constitution. 1. Right to Equality – Article 14 to 18 Article 14 - Equality before law. Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 - Equality of opportunity in matters of public employment. Article 17 - Abolition of Untouchability. Article18 - Abolition of titles. Article 15 (4) & 16 (2) – Reservation of 27% in govt jobs to OBCs by mandal commission. Articles 15 (6) & 16 (6) – Reservation of 10% in govt jobs to Economically Weaker Section (EWS) 2. Right to Freedom – 19-22 Article 19 - Protection of certain rights regarding freedom of speech, etc. 16 THE PUNDITS It included 6 Rights regarding freedom of – a) Speech & Expression b) Assembly c) Residence d) Association e) Movement f) Profession Article 20 - Protection in respect of conviction for offences. Article 21 - Protection of life and personal liberty. Article 21A - Right to education. Article 22 - Protection against arrest and detention in certain cases. 3. Right against Exploitation – Article 23 & 24 Article 23 - Prohibition of traffic in human beings and forced labour. Article 24 - Prohibition of employment of children below 14 years of age in factories, etc. 4. Right to Freedom of Religion – Article 25 to 28 Article 25 - Freedom of conscience and free profession, practice and propagation of religion. Article 26 - Freedom to manage religious affairs. Article 27 - Freedom as to payment of taxes for promotion of any particular religion. Article 28 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions. 17 THE PUNDITS 5. Cultural and Educational Rights – Article 29 & 30 Article 29 - Protection of interests of minorities. Article 30 - Right of minorities to establish and administer educational institutions. 6. Right to Constitutional Remedies – Article 32 Writ Power of Supreme Court Dr B R Ambedkar called it as The Heart of the Constitution Any person can go to supreme court in violation of Fundamental Rights Article 33 – Fundamental Rights of Defence Forces Article 20 & 21 can’t be Suspended during emergency. Fundamental Rights available only to Citizen of India: - Article 15, 16, 19, 29 & 30. Article 36-51: - DIRECTIVE PRINCIPLES OF STATE POLICY Article 36 – Definition of DIRECTIVE PRINCIPLES OF STATE POLICY Article 37 - Application of the principles contained in this Part. 18 THE PUNDITS Article 38 - State to secure a social order for the promotion of welfare of the people. Article 39 - Certain principles of policy to be followed by the State like Equal pay for equal work, adequate means of livelihood, declaration of welfare state Article 39A - Equal justice and free legal aid. Article 40 - Organisation of village panchayats. Article 41 - Right to work, to education and to public assistance in certain cases. Article 42 - Provision for just and humane conditions of work and maternity relief. Article 43 - Living wage, etc., for workers. Article 43A - Participation of workers in management of industries. Article 43B - Promotion of co-operative societies. Article 44 - Uniform civil code for the citizens. Article 45 - Provision for early childhood care and education to children below the age of six years. Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 19 THE PUNDITS Article 48 - Organisation of agriculture and animal husbandry & enables central govt and state govt to make efforts to ban on cow slaughter Article 48A - Protection and improvement of environment and safeguarding of forests and wild life. Article 49 - Protection of monuments and places and objects of national importance. Article 50 - Separation of judiciary from executive. Article 51 - Promotion of international peace and security. Article 51A: - Fundamental Duties It contains 11 duties which are followings: 1. Abide by the Constitution and respect national flag & National Anthem 2. Follow ideals of the freedom struggle 3. Protect sovereignty & integrity of India 4. Defend the country and render national services when called upon 5. Sprit of common brotherhood 6. Preserve composite culture 7. Preserve natural environment 8. Develop scientific temper 20 THE PUNDITS 9. Safeguard public property 10. Strive for excellence 11. Duty of all parents/guardians to send their children in the age group of 6-14 years to school. It was added by the 86th Amendment in 2002. Article 52-151: - The Union Article 52 - The President of India Article 53 - Executive Power of the union Article 54 - Election of President Article 58 – Qualification of President Article 60 – Oath of President Article 61 - Procedure for Impeachment of the President Article 63 - The Vice-president of India Article 64 - The Vice-President to be ex-officio chairman the council of States Article 66 - Election of Vice-president Article 71 – In Dispute in election of President and Vice President Last decision will be of Supreme Court. Article 72 - Pardoning powers of President 21 THE PUNDITS Article 74 - Council of ministers to aid and advise President Article 76 - Attorney-General for India Article 79 - Constitution of Parliament Article 80 - Composition of Rajya Sabha Article 81 - Composition of Lok Sabha Article 83 - Duration of Houses of Parliament Article 83(1) – Rajya Sabha is a continuing Chamber. It can never be dissolved. Article 93 - The speakers and Deputy speakers of the house of the people Article 100 – Speaker casting vote in case of tie Article 102 – Disqualification of MP’s Article 105 - Powers, Privileges, etc. of the House of Parliament Article 108 – Joint Sitting Article 109 - Special procedure in respects of money bills Article 110 - Definition of “Money Bills” Article 112 - Annual Financial Statement (Budget) Article 114 - Appropriation Bills Article 117 – Finance Bills 22 THE PUNDITS Article 123 - Powers of the President to promulgate Ordinances during recess of parliament Article 124 - Establishment of Supreme Court Article 125 - Salaries of Judges Article 126 - Appointment of acting Chief justice Article 127 - Appointment of ad-hoc judges Article 141 - Decision of the Supreme Court binding on all the courts Article 143 – President can send a matter to supreme court for consultation Article 148 - Comptroller and Auditor- General of India Article 149 - Duties and Powers of CAG Article 152 to 237: - The State Governments Article 153 - Governors of State Article 154 - Executive Powers of Governor Article 161 - Pardoning powers of the Governor Article 165 - Advocate-General of the State Article 167 - Duties of Chief Minister 23 THE PUNDITS Article 213 - Power of Governor to promulgate ordinances Article 214 - High Courts for states Article 215 - High Courts to be a court of record Article 226 - Power of High Courts to issue certain writs Article 233 - Appointment of District judges Article 235 - Control over Subordinate Courts Article 239 to 242: - The Union Territories Article 239AA – Special Provision for Delhi Article 240 - Power of President to make regulations for certain Union territories. Article 241 - High Courts for Union territories. Article 243 & 243(O): - Panchayat Article 243A - Gram Sabha Article 243B - Constitution of Panchayats Article 245 -263: Relations between the Union & States Article 262 - Adjudication of disputes relating to waters of inter-State rivers or river valleys. 24 THE PUNDITS Article 263 - Provisions with respect to an inter-State Council. Article 264 to 300-A - Finance, Property, Contracts & Suits Article 266 - Consolidated Fund and Public Accounts Fund Article 267 - Contingency Fund of India Article 280 - Finance Commission Article 300-A - Right to property Article 301 – 307: -Trade, Commerce and Intercourse within the territories of India Article 301 - Freedom to trade, commerce, and intercourse. Article 302 - Power of Parliament to impose restrictions on trade, commerce, and intercourse. Article 308 – 323: - Services Under Centre and State Article 312 - All- India-Service. Article 315 - Public service commissions for the union and for the states Article 320 - Functions of Public Service Commission. 25 THE PUNDITS Article 323A - 323B: - Tribunals Article 323A - Administrative Tribunals Article 324 – 329: - Elections Article 324 - Superintendence, direction and control of Elections to be vested in an Election Commission. Article 325 - No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex. Article 326 - Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage. Article 330 – 342: - Special Provisions to SC, ST, OBC, Minorities etc Article 330 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha). Article 331 - Representation of the Anglo-Indian community in the House of the People (Lok Sabha). 26 THE PUNDITS Article 332 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. Article 333 - Representation of the Anglo-Indian community in the Legislative Assemblies of the States. Article 335 – Reservation to Scheduled Castes and Scheduled Tribes in services and posts Article 338 - National Commission for the SC Article 338 - National Commission for Scheduled Tribes. Article 338B - National Commission for Backward Classes. Article 340 - Appointment of a commission to investigate the conditions of backward classes. Article 343 – 351: - Official Language Article 343 - Official languages of the Union. Article 345 - Official languages or languages of states. Article 348 - Languages to be used in the Supreme Court and in the High Courts. Article 350(A) – Facilities for instruction in mother-tongue at primary stage Article 351 - Directive for development of the Hindi languages. 27 THE PUNDITS Article 352 – 360: - Emergency Article 352 - Proclamation of emergency (National Emergency). Article 356 - State Emergency (President’s Rule) Article 359 – Suspension of Fundamental Rights during Emergency Article 360 - Financial Emergency Article 361 – 367: - Miscellaneous Article 361- Protection of President and Governors Article 368: - Amendment of Constitution Article 368 - Powers of Parliaments to amend the constitution Article 369 – 392: - Special, Transitional and Temporary Provisions Article 370 - Special provision of J&K. Article 371 - Special provision with respect to the States of Maharashtra and Gujarat. 28 THE PUNDITS Article 371A - Special provision with respect to the State of Nagaland. Article 371B - Special provision with respect to the State of Assam. Article 371C - Special provision with respect to the State of Manipur. Article 371D - Special provisions with respect to the State of Andhra Pradesh or the State of Telangana Article 371E - Establishment of Central University in Andhra Pradesh. Article 371F - Special provisions with respect to the State of Sikkim. Article 371G - Special provision with respect to the State of Mizoram. Article 371H - Special provision with respect to the State of Arunachal Pradesh. Article 371I - Special provision with respect to the State of Goa. Article 371J - Special provisions with respect to the State of Karnataka. 29 THE PUNDITS Article 392 – 395: - Short Text, Commencement, Authoritative Text in Hindi and Repeals Article 393 - Short title - This Constitution may be called the Constitution of India. Important Constitutional Amendments First Amendment Act, 1951 1. Added the 9th schedule to protect anti-zamindari laws from judicial review. 2. Added new article 31A & 31B. Fourth Amendment Act, 1955 - Added more laws in the ninth schedule and expanded the scope of article 31 (C). Seventh Amendment Act, 1956 1. Reorganized the Indian states as 14 states and 6 UTs on Linguistic basis. Abolished the old A, B, C and D categorization of states. 2. Common high court for two or more states, extended the jurisdiction of HC to UTs. Also provided additional and acting judges to HC. 30 THE PUNDITS 3. Common Governor for two or more states Ninth Amendment Act, 1960 - Provided for the cession of the Indian territory named Berubari Union (West Bengal) to Pakistan as a commitment made under the Indo-Pakistan Agreement (1958). Tenth Amendment Act, 1961 - Acquired the Dadra, Nagar and Haveli as a Union Territory from Portugal. Eleventh Amendment Act, 1961 - Provided the new procedure of election for the vice president by introducing an electoral college. Twelfth Amendment Act, 1962 - Added Goa, Daman and Diu in the Indian Union. Thirteenth Amendment Act, 1962 - Made Nagaland as a state and provided special provisions for it. 31 THE PUNDITS Fourteenth Amendment Act, 1962 1. Added Puducherry in the Indian Union. 2. The Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry are provided with legislatures and council of ministers. Fifteen Amendment Act, 1963 - Increase Retirement age of High Court Judge from 60 to 62. Eighteenth Amendment Act, 1966 1. Provided that the Parliament can form a new state by uniting a part of a state or a union territory to another state or union territory. 2. Created Punjab and Haryana as new states. Twenty-First Amendment Act, 1967 - Added Sindhi as the 15th language in the Eighth Schedule. Twenty-Second Amendment Act, 1967 - Creation of Meghalaya as a new State 32 THE PUNDITS Twenty Fourth Amendment Act, 1971 Reasons for this amendment: This Amendment Act was brought in the aftermath of the Golaknath case (1967) in which the Supreme Court held that the Parliament could not take away any fundamental rights through the constitutional amendment. 1. It made it clear that the parliament has the power to amend any part of the constitution including article 13 by using article 368. 2. Made it obligatory for the President to give assent to a Constitutional Amendment Bill. Twenty-Fifth Amendment Act, 1971 Curtailed the fundamental right to property. Twenty-Ninth Amendment Act, 1971 Include Kerala Land reform in 9th schedule Thirty First Amendment Act, 1973 Increased the number of Lok Sabha seats from 525 to 545. Thirty-Fifth Amendment Act, 1974 It changed the protectorate status of Sikkim and assigned it a status of an associate state of the Indian Union. Thirty Sixth Amendment Act, 1975 33 THE PUNDITS Gave a full-fledged State status to Sikkim and repealed the Tenth Schedule. Forty-second Amendment Act, 1976 It is also known as ‘Mini-constitution’, as it made very comprehensive changes to the constitution of India. 1. It amended the preamble and added the words - socialist, secular and integrity. 2. Added Fundamental Duties for the citizens by including new Part IV A. 3. It froze the seats for the Lok Sabha and state legislative assemblies on the basis of 1971. 4. Increased the tenure of Lok Sabha and the state legislative assemblies from 5 to 6 years. 5. Included new Directive Principles - (a) equal justice and free- legal aid, (b) participation of workers in the management of industries and (c) protection of the environment, forests and wildlife. 6. Raised the one-time duration of the President's rule in a state from earlier 6 months to one year. 7. Created the All-India Judicial Service. Forty-four Amendment Act, 1978 1. Changed the term of the Lok Sabha and the state legislative assemblies again to the original 5 years. 34 THE PUNDITS 2. Removed the right to property from the list of Fundamental Rights and provided it only as a legal right. 3. Provided that fundamental rights under the article 20-21 can not be suspended during the national emergency. Fifty-second Amendment Act, 1985 The Tenth schedule added as a measure to the anti-defection issues. Fifty-Sixth Amendment Act, 1987 Goa become full-fledged state. Sixty-First Amendment Act, 1989 The legal voting age changed from 21 to 18 years for Lok Sabha as well as Legislative Assemblies. Sixty-Fifth Amendment Act, 1990 Establishment of National Commission for SCs & STs Sixty-ninth Amendment Act 1991 1. It provided the special status to Delhi as ‘National Capital Territory of Delhi.’ 2. Provided a legislative assembly and the council of minister for Delhi 35 THE PUNDITS Seventy-first Amendment Act 1992 Added Konkani, Manipuri and Nepali languages in the Eighth Schedule. Seventy-Third Amendment Act 1992 1. Provided constitutional status for the Panchayati Raj institutions. 2. Added Part-IX and 11th Schedule Seventy-fourth Amendment Act 1992 1. Provided constitutional status for the Urban local bodies. 2. Part IX-A and 12th Schedule were added. Seventy-fourth Amendment Act 1992 Reservation to SCs & STs in Government Jobs Eighty-fifth Amendment Act 2001 Give seniority in Promotion to SCs & STs in Government Jobs Eighty-sixth Amendment Act 2002 1. Provided the Right to Education as a fundamental right (part- III of the Constitution). 2. The new article inserted Article 21A which made free and compulsory education for children between 6-14 years. 3. Added a new Fundamental Duty under Article 51 A. 36 THE PUNDITS Eighty-ninth Amendment Act 2003 Bifurcated National Commission for SC & ST in 2 bodies Ninety-first Amendment Act 2003 Total no of minister, including the Prime Minister, in council of minister shall not exceed 15% of total strength of the Lok Sabha Ninety-second Amendment Act 2003 Added Bodo, Dogri (Dongri), Maithili and Santhali in the Eighth schedule Ninety-seventh Amendment Act 2011 1. The part IX-B added to the constitution for cooperative societies and made it a constitutional right. 2. Right to form cooperative societies became a fundamental right under Article 19. 3. The Article 43-B was inserted as a DPSP to promote cooperative societies. Ninety-ninth Amendment Act 2011 Established National Judicial appointment commission 100th Amendment Act, 2015 Land boundary agreement between India & Bangladesh 37 THE PUNDITS 101st Amendment Act, 2016 Provided for Goods and Service Tax (GST) 102nd Amendment Act, 2018 The National Commission for Backward Classes (NCBC) became a constitutional body. 103rd Amendment Act, 2019 Granted 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15 104th Amendment Act, 2020 1. Changed the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty. 2. Ended the reservation of seats for the Anglo-Indian community in the Lok Sabha and state assemblies. 105th Amendment Act, 2021 State governments’ power to prepare the Socially and Educationally Backward Classes (SEBC) list. 38 THE PUNDITS WRITS Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Supreme Court issue writs under Article-32. High Court issues writs under Article-226. Types of Writs in India 1. Habeas Corpus Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ Bulwark of Personal Freedom. Produce arrested Person before Court 2. Mandamus literal meaning of this writ is ‘We command. by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose. 3. Prohibition literal meaning of ‘Prohibition’ is ‘To forbid. 39 THE PUNDITS A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Can be issued against Judicial or Quasi-Judicial authorities 4. Certiorari Literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. 5. Quo-Warranto Literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court enquires into the legality of a claim of a person to a public office. 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