Indian Polity by M Laxmikanth PDF

INDIAN POLITY For Civil Services and Other State Examinations Sixth Edition ABOUT THE AUTHOR M Laxmikanth obtained his postgraduate degree in Political Science from Osmania University in 1989. He is the former founder and director of an erstwhile coaching institute called Laxmikanth’s...

INDIAN POLITY For Civil Services and Other State Examinations Sixth Edition ABOUT THE AUTHOR M Laxmikanth obtained his postgraduate degree in Political Science from Osmania University in 1989. He is the former founder and director of an erstwhile coaching institute called Laxmikanth’s IAS Academy, Hyderabad. Other books authored by him include Governance in India, Objective Indian Polity, Public Administration and Constitution of India. INDIAN POLITY For Civil Services and Other State Examinations  Sixth Edition M Laxmikanth Former Founder-Director Laxmikanth’s IAS Academy (Closed) Hyderabad McGraw Hill Education (India) Private Limited Published by McGraw Hill Education (India) Private Limited 444/1, Sri Ekambara Naicker Industrial Estate, Alapakkam, Porur, Chennai - 600 116 Indian Polity, 6/e Copyright © 2020, 2017, 2013, 2010, 2007, 2004, McGraw Hill Education (India) Private Limited. No part of this publication may be reproduced or distributed in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise or stored in a database or retrieval system without the prior written permission of the publishers. The program listings (if any) may be entered, stored and executed in a computer system, but they may not be reproduced for publication. This edition can be exported from India only by the publishers, McGraw Hill Education (India) Private Limited 1 2 3 4 5 6 7 8 9 7101351 23 22 21 20 19 Printed and bound in India ISBN (13): 978-93-89538-47-2 ISBN (10): 93-89538-47-5 Information contained in this work has been obtained by McGraw Hill Education (India), from sources believed to be reliable. However, neither McGraw Hill Education (India) nor its authors guarantee the accuracy or completeness of any information published herein, and neither McGraw Hill Education (India) nor its authors shall be responsible for any errors, omissions, or damages arising out of use of this information. This work is published with the understanding that McGraw Hill Education (India) and its authors are supplying information but are not attempting to render engineering or other professional services. If such services are required, the assistance of an appropriate professional should be sought. Typeset at TNQ Technologies Pvt. Ltd., 4/600, Phase II, Dr Vikram Sarabhai Instronics Estate, Kottivakkam, Chennai 600 041 and printed at Rajkamal Electric Press, Plot No. No. 2, Phase-IV, Kundli, Haryana. Cover Designer: Creative Designer DQBLCDLTDLXBD visit us at: www.mheducation.co.in Write to us at: [email protected] CIN: U80302TN2010PTC111532 Toll Free Number: 1800 103 5875  Dedicated to My Wife Mamadgi Vidya and My Daughters Mamadgi Anjali Mamadgi Aishwarya and My Native Place Dhanasiri (Zaheerabad – Telangana)  Preface to the Sixth Edition I am pleased to place before the readers a thoroughly revised, enlarged and updated edition of this widely read book on Indian Polity. In 2011 and 2013, the UPSC changed the pattern and syllabus of the preliminary and main examinations, respectively. Both times, the scope of Indian Polity has been considerably increased. Hence, this new edition of the book is more relevant now and is aimed to meet the expanded needs of the aspirants. In the course of revision and updation of this edition of the book, various new developments related to the subject, like recent constitutional amendments, parliamentary legislations, executive decisions and supreme court judgments, have been taken into account. Changes in this Edition: 1. Addition of 6 new chapters. 2. Inclusion of 2017, 2018 and 2019 preliminary questions with answers. 3. Inclusion of 2016, 2017, 2018 and 2019 mains questions. 4. Updation of the year-wise break-up of the UPSC questions in the preliminary and main examinations. 5. Inclusion of additional updated information on a number of topics. 6. New items included in various chapters. New Chapters: 1. Goods and Services Tax Council 2. National Commission for Backward Classes 3. National Investigation Agency 4. National Disaster Management Authority 5. Role of Regional Parties 6. Coalition Government  I firmly believe that this is now a very comprehensive and updated manual. It is a matter of immense satisfaction that the previous five editions of this book have received an overwhelming response from readers. I am confident that readers would continue to repose their faith in this edition as well. Constructive comments and concrete suggestions to further improve the book are welcome and shall be gratefully acknowledged. M. LAXMIKANTH  Preface to the First Edition I have great pleasure in placing this book before the aspirants of the top administrative services. The book has been written to meet the growing requirements of the candidates appearing for the Civil Services Examinations (Preliminary and Main) conducted by the Union Public Service Commission. It directly and fully covers the Indian Polity section of the paper on General Studies and is also useful for certain optional subjects like Public Administration, Political Science, Law, Sociology and Anthropology. This comprehensive volume would enable the readers to acquire a complete and detailed understanding of the subject. It covers all dimensions (constitutional, non-constitutional, political and administrative) of the subject. My first-hand experience of coaching the candidates for the Civil Services Examinations has been a great source of inspiration and has helped me immensely in writing this book. An effort has been made to make the contents of the book relevant, authentic, and up-to-date. The constitutional provisions are explained in the light of the debates of the Constituent Assembly of India as well as the judgements of the Supreme Court and the high courts. I have also used tables to make the presentation more clear. The Appendices, provided at the end of the book, serve as a reference section. I welcome all constructive comments and concrete suggestions from the readers of this book. M. LAXMIKANTH  Acknowledgements D uring the course of writing this book, I have received help, encouragement and assistance from my teachers, students, family members, colleagues, friends, library staff and others. I am thankful to all of them. I am particularly grateful to my wife, Smt. M. Vidya, for the encouragement and support that she provided during the preparation of the book. I am deeply indebted to the eminent political scientists and constitutional experts (Granville Austin, Moris Jones, K.C. Wheare, Rajni Kothari, Paul Appleby, K. Santhanam, N.A. Palkhivala, Soli Sorabji, D.D. Basu, V.N. Shukla, M.P. Jain, Subhash Kashyap) and other scholars of repute whose valuable works have been highly useful in the writing of this book. My thanks are also due to Mr. Tanmoy Roychowdhury, Mr. Deepak Singh, Ms. Shukti Mukherjee, Ms. Shalini Jha, Ms. Shreya Soni and Ms. Anjali Chakravarty of McGraw Hill India Private Limited for their unstinted cooperation in bringing out this updated edition on time. M. LAXMIKANTH  Year-Wise Break-up of the UPSC Questions on Indian Polity (General Studies—Prelims) Sl.No. Year No. of Questions Asked 1. 2000 12 2. 2001 12 3. 2002 19 4. 2003 19 5. 2004 22 6. 2005 10 7. 2006 13 8. 2007 12 9. 2008 13 10. 2009 14 11. 2010 10 12. 2011 12 13. 2012 20 14. 2013 18 15. 2014 13 16. 2015 15 17. 2016 06 18. 2017 22 19. 2018 15 20. 2019 15 Note I: In 2011, the UPSC changed the pattern and syllabus of the Preliminary Examination. In the new scheme, the Indian Polity section has been renamed as “Indian Polity and Governance”. It covers Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc. Also, now each question carries two marks (previously one mark). Note II: In the above table, the number of questions asked on “Governance” (since 2011) are also included.  Year-Wise Break-up of the UPSC Marks on Indian Polity (General Studies—Mains) Sl.No. Year No. of Questions Asked 1. 2000 130 2. 2001 100 3. 2002 130 4. 2003 100 5. 2004 100 6. 2005 100 7. 2006 100 8. 2007 100 9. 2008 130 10. 2009 66 11. 2010 66 12. 2011 111 13. 2012 47 14. 2013 100 15. 2014 88 16. 2015 100 17. 2016 112 18. 2017 110 19. 2018 125 20. 2019 125 Note I: In 2013, the UPSC changed the pattern and syllabus of the Main Examination. In the new scheme, a separate and full paper on “Governance, Constitution, Polity, Social Justice and International Relations” has been introduced. It carries 250 marks. Note II: In the above table, the number of marks allotted to the questions relating to the “Governance Social Justice and International Relations” (since 2013) are not included.  About the Civil Services Examination The Civil Services examination comprises two successive stages: (i) Civil Services (Preliminary) Examination (Objective Type) for the selection of candidates for Main Examination; and (ii) Civil Services (Main) Examination (Written and Interview) for the selection of candidates for the various services and posts. Scheme and subjects for the Preliminary and Main Examination. A. PRELIMINARY EXAMINATION The Examination shall comprise two compulsory Papers of 200 marks each. Note: (i) Both the question papers will be of the objective type (multiple choice questions). (ii) The question papers will be set both in Hindi and English. However, questions relating to English Language Comprehension Skills of Class X level will be tested through passages from English language only without providing Hindi translation thereof in the question paper. B. MAIN EXAMINATION The written examination will consist of the following papers: Qualifying Papers: Paper A: (One of the Indian Language to be selected by the candidate from the Languages included in the Eighth Schedule to the Constitution). 300 Marks Paper B: English 300 Marks The papers on Indian Languages and English (Paper A and Paper B) will be of Matriculation or equivalent standard and will be of qualifying nature. The marks obtained in these papers will not be counted for ranking. Papers to be counted for merit Paper I: Essay 250 Marks Paper II: General Studies–I (Indian Heritage and Culture, History and Geography of the World and Society) 250 Marks Paper III: General Studies –II 250 Marks (Governance, Constitution, Polity, Social Justice and International Relations) Paper IV: General Studies –III 250 Marks (Technology, Economic Development, Bio-diversity, Environment, Security and Disaster Management) Paper V: General Studies –IV 250 Marks (Ethics, Integrity and Aptitude) Paper VI: Optional Subject – Paper 1 250 Marks Paper VII: Optional Subject – Paper 2 250 Marks Sub Total (Written test): 1750 Marks Personality Test: 275 Marks Grand Total: 2025 Marks Candidates may choose any one of the optional subjects from amongst the list of subjects given below: List of optional subjects for Main Examination: (i) Agriculture (ii) Animal Husbandry and Veterinary Science (iii) Anthropology (iv) Botany (v) Chemistry (vi) Civil Engineering (vii) Commerce and Accountancy (viii) Economics (ix) Electrical Engineering (x) Geography (xi) Geology (xii) History (xiii) Law (xiv) Management (xv) Mathematics (xvi) Mechanical Engineering (xvii) Medical Science (xviii) Philosophy (xix) Physics (xx) Political Science and International Relations (xxi) Psychology (xxii) Public Administration (xxiii) Sociology (xxiv) Statistics (xxv) Zoology (xxvi) Literature of any one of the following Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu and English.  Contents Preface to the Sixth Edition Preface to the First Edition Acknowledgements Year-Wise Break-up of the UPSC Questions on Indian Polity (General Studies—Prelims) Year-Wise Break-up of the UPSC Marks on Indian Polity (General Studies—Mains) About the Civil Services Examination List of Tables PART-I Constitutional Framework 1 Historical Background The Company Rule (1773–1858) The Crown Rule (1858–1947) Notes and References 2 Making of the Constitution Demand for a Constituent Assembly Composition of the Constituent Assembly Working of the Constituent Assembly Committees of the Constituent Assembly Enactment of the Constitution Enforcement of the Constitution Experts Committee of the Congress Criticism of the Constituent Assembly Important Facts Hindi Text of the Constitution Notes and References 3 Salient Features of the Constitution Salient Features of the Constitution Criticism of the Constitution Notes and References 4 Preamble of the Constitution Text of the Preamble Ingredients of the Preamble Key Words in the Preamble Significance of the Preamble Preamble as Part of the Constitution Amendability of the Preamble Notes and References 5 Union and its Territory Union of States Parliament’s Power to Reorganise the States Exchange of Territories with Bangladesh Evolution of States and Union Territories Notes and References 6 Citizenship Meaning and Significance Constitutional Provisions Citizenship Act, 1955 Single Citizenship Overseas Citizenship of India Notes and References 7 Fundamental Rights Features of Fundamental Rights Definition of State Laws Inconsistent with Fundamental Rights Right to Equality Right to Freedom  Right Against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies Writs—Types and Scope Armed Forces and Fundamental Rights Martial Law and Fundamental Rights Effecting Certain Fundamental Rights Present Position of Right to Property Exceptions to Fundamental Rights Criticism of Fundamental Rights Significance of Fundamental Rights Rights Outside Part III Notes and References 8 Directive Principles of State Policy Features of the Directive Principles Classification of the Directive Principles New Directive Principles Sanction Behind Directive Principles Criticism of the Directive Principles Utility of Directive Principles Conflict Between Fundamental Rights and Directive Principles Implementation of Directive Principles Directives Outside Part IV Notes and References 9 Fundamental Duties Swaran Singh Committee Recommendations List of Fundamental Duties Features of the Fundamental Duties Criticism of Fundamental Duties Significance of Fundamental Duties  Verma Committee Observations Notes and References 10 Amendment of the Constitution Procedure for Amendment Types of Amendments Criticism of the Amendment Procedure Notes and References 11 Basic Structure of the Constitution Emergence of the Basic Structure Elements of the Basic Structure Notes and References PART-II System of Government 12 Parliamentary System Features of Parliamentary Government Features of Presidential Government Merits of the Parliamentary System Demerits of the Parliamentary System Reasons for Adopting Parliamentary System Distinction between Indian and British Models Notes and References 13 Federal System Federal Features of the Constitution Unitary Features of the Constitution Critical Evaluation of the Federal System Notes and References 14 Centre–State Relations Legislative Relations Administrative Relations  Financial Relations Trends in Centre–State Relations Notes and References 15 Inter-State Relations Inter-State Water Disputes Inter-State Councils Public Acts, Records and Judicial Proceedings Inter-State Trade and Commerce Zonal Councils Notes and References 16 Emergency Provisions National Emergency President’s Rule Financial Emergency Criticism of the Emergency Provisions Notes and References PART-III Central Government 17 President Election of the President Qualifications, Oath and Conditions Term, Impeachment and Vacancy Powers and Functions of the President Veto Power of the President Ordinance-Making Power of the President Pardoning Power of the President Constitutional Position of the President Notes and References 18 Vice-President Election  Qualifications, Oath and Conditions Term and Vacancy Powers and Functions Indian and American Vice-Presidents Compared Notes and References 19 Prime Minister Appointment of the Prime Minister Oath, Term and Salary Powers and Functions of the Prime Minister Role Descriptions Relationship with the President Chief Ministers who became Prime Ministers Notes and References 20 Central Council of Ministers Constitutional Provisions Nature of Advice by Ministers Appointment of Ministers Oath and Salary of Ministers Responsibility of Ministers Composition of the Council of Ministers Council of Ministers vs Cabinet Role of Cabinet Role Descriptions Kitchen Cabinet Notes and References 21 Cabinet Committees Features of Cabinet Committees List of Cabinet Committees Functions of Cabinet Committees Groups of Ministers Notes and References 22 Parliament Organisation of Parliament Composition of the Two Houses System of Elections to Lok Sabha Duration of Two Houses Membership of Parliament Presiding Officers of Parliament Leaders in Parliament Sessions of Parliament Devices of Parliamentary Proceedings Legislative Procedure in Parliament Joint Sitting of Two Houses Budget in Parliament Multifunctional Role of Parliament Ineffectiveness of Parliamentary Control Position of Rajya Sabha Parliamentary Privileges Sovereignty of Parliament Notes and References 23 Parliamentary Committees Meaning Classification Financial Committees Departmental Standing Committees Committees to Inquire Committees to Scrutinise and Control Committees Relating to the Day-to-Day Business of the House House-Keeping Committees Consultative Committees Notes and References 24 Parliamentary Forums  Establishment of the Forums Objectives of the Forums Composition of the Forums Functions of the Forums Notes and References 25 Parliamentary Group Rationale of the Group Composition of the Group Objectives of the Group Functions of the Group The Group and IPU The Group and CPA Notes and References 26 Supreme Court Composition and Appointment Qualifications, Oath and Salaries Tenure and Removal Acting, Adhoc and Retired Judges Seat and Procedure Independence of Supreme Court Jurisdiction and Powers of Supreme Court Supreme Court Advocates Notes and References 27 Judicial Review Meaning of Judicial Review Importance of Judicial Review Constitutional Provisions for Judicial Review Scope of Judicial Review Judicial Review of the Ninth Schedule Notes and References 28 Judicial Activism  Meaning of Judicial Activism Judicial Review and Judicial Activism Justification of Judicial Activism Activators of Judicial Activism Apprehensions of Judicial Activism Judicial Activism vs. Judicial Restraint Notes and References 29 Public Interest Litigation Meaning of PIL Features of PIL Scope of PIL Principles of PIL Guidelines for Admitting PIL Notes and References PART-IV State Government 30 Governor Appointment of Governor Conditions of Governor’s Office Term of Governor’s Office Powers and Functions of Governor Constitutional Position of Governor Notes and References 31 Chief Minister Appointment of Chief Minister Oath, Term and Salary Powers and Functions of Chief Minister Relationship with the Governor Notes and References 32 State Council of Ministers  Constitutional Provisions Nature of Advice by Ministers Appointment of Ministers Oath and Salary of Ministers Responsibility of Ministers Composition of the Council of Ministers Cabinet Notes and References 33 State Legislature Organisation of State Legislature Composition of Two Houses Duration of Two Houses Membership of State Legislature Presiding Officers of State Legislature Sessions of State Legislature Legislative Procedure in State Legislature Position of Legislative Council Privileges of State Legislature Notes and References 34 High Court Composition and Appointment Qualifications, Oath and Salaries Tenure, Removal and Transfer Acting, Additional and Retired Judges Independence of High Court Jurisdiction and Powers of High Court Notes and References 35 Tribunals Administrative Tribunals Tribunals for Other Matters Notes and References 36 Subordinate Courts Constitutional Provisions Structure and Jurisdiction National Legal Services Authority Lok Adalats Permanent Lok Adalats Family Courts Gram Nyayalayas Notes and References 37 Special Provisions for Some States Provisions for Maharashtra and Gujarat Provisions for Nagaland Provisions for Assam and Manipur Provisions for Andhra Pradesh or Telangana Provisions for Sikkim Provisions for Mizoram Provisions for Arunachal Pradesh and Goa Provisions for Karnataka Notes and References PART-V Local Government 38 Panchayati Raj Evolution of Panchayati Raj 73rd Amendment Act of 1992 Compulsory and Voluntary Provisions PESA Act of 1996 (Extension Act) Finances of Panchayati Raj Reasons for Ineffective Performance Notes and References 39 Municipalities  Evolution of Urban Bodies 74th Amendment Act of 1992 Types of Urban Governments Municipal Personnel Municipal Revenue Central Council of Local Government Notes and References PART-VI Union Territories and Special Areas 40 Union Territories Creation of Union Territories Administration of Union Territories Special Provisions for Delhi Advisory Committees of Union Territories Notes and References 41 Scheduled and Tribal Areas Administration of Scheduled Areas Administration of Tribal Areas Notes and References PART-VII Constitutional Bodies 42 Election Commission Composition Independence Powers and Functions Vision, Mission and Principles Notes and References 43 Union Public Service Commission Composition  Removal Independence Functions Limitations Role Notes and References 44 State Public Service Commission Composition Removal Independence Functions Limitations Role Joint State Public Service Commission Notes and References 45 Finance Commission Composition Functions Advisory Role Notes and References 46 Goods and Services Tax Council Establishment of the Council Vision and Mission of the Council Composition of the Council Working of the Council Functions of the Council Other Functions of the Council Notes and References 47 National Commission for SCs Evolution of the Commission Functions of the Commission  Report of the Commission Powers of the Commission Notes and References 48 National Commission for STs Separate Commission for STs Functions of the Commission Other Functions of the Commission Report of the Commission Powers of the Commission Notes and References 49 National Commission for BCs Establishment of the Commission Functions of the Commission Report of the Commission Powers of the Commission Notes and References 50 Special Officer for Linguistic Minorities Constitutional Provisions Commissioner for Linguistic Minorities Role of the Commissioner Vision and Mission Functions and Objectives Notes and References 51 Comptroller and Auditor General of India Appointment and Term Independence Duties and Powers Role Cag and Corporations Appleby’s Criticism Notes and References 52 Attorney General of India Appointment and Term Duties and Functions Rights and Limitations Solicitor General of India Notes and References 53 Advocate General of the State Appointment and Term Duties and Functions Notes and References PART-VIII Non-Constitutional Bodies 54 NITI Aayog Establishment Rationale Composition Specialised Wings Objectives Functions Guiding Principles Cooperative Federalism Criticism Attached Offices Erstwhile Planning Commission National Development Council Notes and References 55 National Human Rights Commission Establishment of the Commission Composition of the Commission Functions of the Commission  Working of the Commission Role of the Commission Performance of the Commission Notes and References 56 State Human Rights Commission Composition of the Commission Functions of the Commission Working of the Commission Human Rights Courts 2019 Amendment Act Notes and References 57 Central Information Commission Composition Tenure and Service Conditions Powers and Functions Notes and References 58 State Information Commission Composition Tenure and Service Conditions Powers and Functions RTI Amendment Act, 2019 Notes and References 59 Central Vigilance Commission Establishment Composition Organisation Functions Jurisdiction Working Vigilance Units in the Ministries Whistle Blowers Protection Act (2014)  Notes and References 60 Central Bureau of Investigation Establishment of CBI Motto, Mission and Vision of CBI Organisation of CBI Composition of CBI Functions of CBI Provision of Prior Permission CBI vs. State Police CBI Academy Notes and References 61 Lokpal and Lokayuktas Global Scenario Position in India Lokpal Lokpal and Lokayuktas Act (2013) Lokayuktas Notes and References 62 National Investigation Agency Establishment of the NIA Rationale of the NIA Functions of the NIA Vision of the NIA Mission of the NIA Jurisdiction of the NIA NIA (Amendment) Act, 2019 Notes and References 63 National Disaster Management Authority Establishment of the NDMA Objectives of the NDMA Functions of the NDMA  Additional Functions of the NDMA State Disaster Management Authority District Disaster Management Authority Notes and References PART-IX Other Constitutional Dimensions 64 Co-operative Societies Constitutional Provisions Reasons for the 97th Amendment Notes and References 65 Official Language Language of the Union Regional Languages Language of the Judiciary and Texts of Laws Special Directives Committee of Parliament on Official Language Classical Language Status Notes and References 66 Public Services Classification of Services Constitutional Provisions Notes and References 67 Rights and Liabilities of the Government Property of the Union and the States Suits by or Against the Government Suits Against Public Officials Notes and References 68 Special Provisions Relating to Certain Classes Rationale of Special Provisions  Specification of Classes Components of Special Provisions Notes and References PART-X Political Dynamics 69 Political Parties Meaning and Types Party System in India Recognition of National and State Parties Notes and References 70 Role of Regional Parties Features of Regional Parties Classification of Regional Parties Rise of Regional Parties Role of Regional Parties Dysfunctions of Regional Parties Notes and References 71 Elections Electoral System Election Machinery Election Process Notes and References 72 Election Laws Representation of the People Act, 1950 Representation of the People Act, 1951 Delimitation Act, 2002 Other Acts Relating to Elections Rules Relating to Elections Orders Relating to Elections Notes and References 73 Electoral Reforms Committees Related to Electoral Reforms Electoral Reforms Before 1996 Electoral Reforms of 1996 Electoral Reforms After 1996 Electoral Reforms Since 2010 Notes and References 74 Voting Behaviour Meaning of Voting Behaviour Significance of Voting Behaviour Determinants of Voting Behaviour Role of Media in Elections and Voting Behaviour Notes and References 75 Coalition Government Meaning of Coalition Government Features of Coalition Government Formation of Coalition Governments Merits of Coalition Government Demerits of Coalition Government Notes and References 76 Anti-Defection Law Provisions of the Act Evaluation of the Act 91st Amendment Act (2003) Notes and References 77 Pressure Groups Meaning and Techniques Pressure Groups in India Notes and References 78 National Integration  Meaning of National Integration Obstacles to National Integration National Integration Council National Foundation for Communal Harmony Notes and References 79 Foreign Policy Principles of Indian Foreign Policy Objectives of Indian Foreign Policy Gujral Doctrine of India Nuclear Doctrine of India Connect Central Asia Policy of India Act East Policy of India Notes and References PART-XI Working of the Constitution 80 National Commission to Review the Working of the Constitution I. Terms of Reference of the Commission II. Fifty Years of Working of the Constitution III. Areas of Concern: Commission’s Perception IV. Recommendations of the Commission V. Earlier Efforts to Review the Constitution Notes and References Appendices Appendix I: Articles of the Constitution (1–395) Appendix II: Subjects of Union, State and Concurrent Lists Appendix III: Table of Precedence Appendix IV: Constitutional Amendments at a Glance Appendix V: Presidents, Vice-Presidents, Prime Ministers, etc. Appendix VI: Chairpersons of the National Commissions Appendix VII: UPSC Questions on Indian Polity (General Studies —Prelims 2010–2019) Appendix VIII: Practice Questions on Indian Polity (General Studies—Prelims) Appendix IX: UPSC Questions on Indian Polity (General Studies —Mains 2010–2019) Appendix X: Practice Questions on Indian Polity (General Studies —Mains) Additional reading material available at the weblink given below: http://www.mhhe.com./indianpolity6e 1. Oath by the Constitutional and Other Authorities 2. Definitions Under the Constitution 3. Allied Amending Acts at a Glance 4. Model Code of Conduct Relating to Elections 5. Representation of the People Act, 1950 at a Glance 6. Representation of the People Act, 1951 at a Glance 7. Flag Code of India 8. UPSC Questions on Indian Polity (General Studies— Prelims 2000–2009) 9. UPSC Questions on Indian Polity (General Studies—Mains 2000–2009)  List of Tables Table 1.1 Interim Government (1946) Table 1.2 First Cabinet of Free India (1947) Table 2.1 Allocation of seats in the Constituent Assembly of India (1946) Table 2.2 Results of the Elections to the Constituent Assembly (July–August 1946) Table 2.3 Community-wise Representation in the Constituent Assembly (1946) Table 2.4 State-wise Membership of the Constituent Assembly of India as on December 31, 1947 Table 2.5 Sessions of the Constituent Assembly at a Glance Table 2.6 Time Taken by the Framers of Other Constitutions Table 2.7 Articles Related to Short Title, Commencement, Hindi Text and Repeals at a Glance Table 3.1 The Constitution of India at a Glance Table 3.2 Important Articles of the Constitution at a Glance Table 3.3 Schedules of the Constitution at a Glance Table 3.4 Sources of the Constitution at a Glance Table 5.1 Territory of India in 1950 Table 5.2 Original Parts of the Constitution Dealing with States and Territories Table 5.3 Territory of India in 1956 Table 5.4 Territory of India in 2019 Table 5.5 Laws Made by Parliament Under Article 3 of the Constitution Table 5.6 Articles Related to Union and its Territory at a Glance Table 6.1 Comparing NRI, PIO and OCI Cardholder Table 6.2 Articles Related to Citizenship at a Glance Table 7.1 Fundamental Rights at a Glance Table 7.2 Fundamental Rights (FR) of Foreigners Table 7.3 Martial Law Vs National Emergency Table 7.4 Articles Related to Fundamental Rights at a Glance Table 8.1 Distinction Between Fundamental Rights and Directive Principles Table 8.2 Articles Related to Directive Principles of State Policy at a Glance Table 11.1 Evolution of the Basic Structure of the Constitution Table 12.1 Comparing Parliamentary and Presidential Systems Table 13.1 Comparing Features of Federal and Unitary Governments Table 14.1 Articles Related to Centre-State Legislative Relations at a Glance Table 14.2 Articles Related to Centre-State Administrative Relations at a Glance Table 14.3 Articles Related to Centre-State Financial Relations at a Glance Table 15.1 Inter-State Water Dispute Tribunals Set-up So Far Table 15.3 Articles Related to Inter-State Relations at a Glance Table 15.2 Zonal Councils at a Glance Table 16.1 Comparing National Emergency and President’s Rule Table 16.2 Imposition of President’s Rule (1951–2019) Table 16.3 Articles Related to Emergency Provisions at a Glance Table 17.1 Elections of the Presidents (1952–2017) Table 17.2 Veto Power of the President At a Glance Table 17.3 Articles Related to President at a Glance Table 18.1 Elections of the Vice-Presidents (1952–2017) Table 18.2 Articles Related to Vice-President at a Glance Table 19.1 Articles Related to Prime Minister at a Glance Table 20.1 Distinction Between Council of Ministers and Cabinet Table 20.2 Articles Related to Central Council of Ministers at a Glance Table 22.1 Adjournment vs Prorogation Table 22.2 Censure Motion vs No Confidence Motion Table 22.3 Public Bill vs Private Bill Table 22.4 Ordinary Bill vs Money Bill Table 22.5 Allocation of Seats in Parliament for States and Union Territories (2019) Table 22.6 Seats Reserved for SCs and STs in the Lok Sabha (2019) Table 22.7 Durations of the Lok Sabha (from First Lok Sabha to Present Lok Sabha) Table 22.8 Speakers of the Lok Sabha (from First Lok Sabha to Present Lok Sabha) Table 22.9 Articles Related to Parliament at a Glance Table 23.1 Departmental Standing Committees and their Jurisdiction (2019) Table 26.1 Comparing Indian and American Supreme Courts Table 26.2 Articles Related to Supreme Court at a Glance Table 27.1 Number of Acts and Regulations Included in the Ninth Schedule Table 30.1 Comparing Veto Powers of President and Governor Table 30.2 Comparing Ordinance-Making Power of President and Governor Table 30.3 Comparing Pardoning Powers of President and Governor Table 30.4 Articles Related to Governor at a Glance Table 31.1 Articles Related to Chief Minister at a Glance Table 32.1 Articles Related to State Council of Ministers at a Glance Table 33.1 Comparing Legislative Procedure in the Parliament and State Legislature Table 33.2 Strength of Legislative Assemblies and Legislative Councils (2019) Table 33.3 Seats Reserved for SCs and STs in the Legislative Assemblies (2019) Table 33.4 Articles Related to State Legislature at a Glance Table 33.5 Laws made by Parliament under Article 169 of the Constitution Table 34.1 Name and Jurisdiction of High Courts Table 34.2 Articles Related to High Courts at a Glance Table 35.1 Name and Jurisdiction of Benches of CAT Table 35.2 Circuit Sittings of Benches of CAT Table 35.3 Articles Related to Tribunals at a Glance Table 36.1 Articles Related to Subordinate Courts at a Glance Table 37.1 Articles Related to Special Provisions for some States at a Glance Table 38.1 Study Teams and Committees on Panchayati Raj Table 38.2 Articles Related to Panchayats at a Glance Table 38.3 Name of Panchayati Raj Institutions in the States (2019) Table 38.4 Milestones in the Evolution of Panchayati Raj Table 38.5 Committees Related to Panchayati Raj (After Constitutionalisation) Table 39.1 Committees and Commissions on Urban Local Governments Table 39.2 Classification of Cantonment Boards Table 39.3 Articles Related to Municipalities at a Glance Table 39.4 Name of Urban Local Bodies in the States (2019) Table 40.1 Administrative System of Union Territories at a Glance Table 40.2 Comparing States and Union Territories Table 40.3 Articles Related to Union Territories at a Glance Table 41.1 Tribal Areas at a Glance (2019) Table 41.2 Articles Related to Scheduled and Tribal Areas at a Glance Table 41.3 Parliamentary Laws Related to the Fifth and Sixth Schedules of the Constitution Table 43.1 Articles Related to UPSC at a Glance Table 44.1 Articles Related to SPSC at a Glance Table 45.1 Finance Commissions Appointed so far Table 45.2 Articles Related to Finance Commission at a Glance Table 51.1 Articles Related to Comptroller and Auditor-General of India at a Glance Table 52.1 Articles Related to Attorney-General of India at a Glance Table 53.1 Articles Related to Advocate-General of the state at a Glance Table 53.2 Articles Related to Constitutional Bodies at a Glance Table 57.1 National Commissions / Central Bodies and the Related Ministries Table 61.1 Establishment of Lokayukta in States (Chronological Order) Table 64.1 Articles Related to Co-operative Societies at a Glance Table 65.1 Languages conferred with Classical Language Status Table 65.2 Articles Related to Official Language at a Glance Table 66.1 Articles Related to Public Services at a Glance Table 67.1 Articles Related to Rights and Liabilities of the Government at a Glance Table 68.1 Articles Related to Special Provisions for Certain Classes at a Glance Table 69.1 Recognised National Parties and State Parties (First to Seventeenth General Elections) Table 69.2 Recognised National Parties and their Symbols (2019) Table 69.3 Recognised State Parties and their Symbols (2019) Table 69.4 Formation of Political Parties (Chronological Order) Table 71.1 Results of Lok Sabha Elections Table 71.2 Prime Ministers after each Lok Sabha General Election Table 71.3 Participation in Lok Sabha Elections Table 71.4 Women in Lok Sabha Elections Table 71.5 Cost of Lok Sabha Elections Table 71.6 Largest and Smallest (Area-wise) Lok Sabha Constituencies in Fourteenth General Elections (2004) Table 71.7 Largest and Smallest (Electors-wise) Lok Sabha Constituencies in Sixteenth General Elections (2014) Table 71.8 Articles Related to Elections at a Glance Table 73.1 Limit on Election Expenditure (As declared in 2014) Table 75.1 Formation of Coalition Governments at the Centre Table 78.1 Meetings of the National Integration Council  PART-I CONSTITUTIONAL FRAMEWORK 1. Historical Background 2. Making of the Constitution 3. Salient Features of the Constitution 4. Preamble of the Constitution 5. Union and its Territory 6. Citizenship 7. Fundamental Rights 8. Directive Principles of State Policy 9. Fundamental Duties 10. Amendment of the Constitution 11. Basic Structure of the Constitution  1 Historical Background T he British came to India in 1600 as traders, in the form of East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar and Orissa.1 This started its career as a territorial power. In 1858, in the wake of the ‘sepoy mutiny’, the British Crown assumed direct responsibility for the governance of India. This rule continued until India was granted independence on August 15, 1947. With Independence came the need for a Constitution. Hence, a Constituent Assembly was formed for this purpose in 1946 and on January 26, 1950, the Constitution came into being. However, various features of the Indian Constitution and polity have their roots in the British rule. There were certain events in the British rule that laid down the legal framework for the organisation and functioning of government and administration in British India. These events have greatly influenced our constitution and polity. They are explained here in a chronological order under two major headings : 1. The Company Rule (1773 – 1858) 2. The Crown Rule (1858 – 1947)  THE COMPANY RULE (1773–1858) Regulating Act of 1773 This act was of great constitutional importance as (a) it was the first step taken by the British Government to control and regulate the affairs of the East India Company in India; (b) it recognised, for the first time, the political and administrative functions of the Company; and (c) it laid the foundations of central administration in India. The features of this Act were as follows: 1. It designated the Governor of Bengal as the ‘Governor- General of Bengal’ and created an Executive Council of four members to assist him. The first such GovernorGeneral was Lord Warren Hastings. 2. It made the governors of Bombay and Madras presidencies subordinate to the governor-general of Bengal, unlike earlier, when the three presidencies were independent of one another. 3. It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges. 4. It prohibited the servants of the Company from engaging in any private trade or accepting presents or bribes from the ‘natives’. 5. It strengthened the control of the British Government over the Company by requiring the Court of Directors (governing body of the Company) to report on its revenue, civil, and military affairs in India. Amending Act of 1781 In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1781, also known as the Act of Settlement. The features of this Act were as follows:  1. It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts done by them in their official capacity. Similarly, it also exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions. 2. It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court. 3. It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Culcutta. It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law. 4. It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court. 5. It empowered the Governor-General-inCouncil to frame regulations for the Provincial Courts and Councils. Pitt’s India Act of 1784 The next important act was the Pitt’s India Act2 of 1784. The features of this Act were as follows: 1. It distinguished between the commercial and political functions of the Company. 2. It allowed the Court of Directors to manage the commercial affairs, but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government. 3. It empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India. Thus, the act was significant for two reasons: first, the Company’s territories in India were for the first time called the ‘British possessions in India’; and second, the British Government was given the supreme control over Company’s affairs and its administration in India. Act of 1786 In 1786, Lord Cornwallis was appointed as the Governor-General of Bengal. He placed two demands to accept that post, viz., 1. He should be given power to override the decision of his council in special cases. 2. He would also be the Commander-in-Chief. Accordingly, the Act of 1786 was enacted to make both the provisions. Charter Act of 1793 The features of this Act were as follows: 1. It extended the overriding power given to Lord Cornwallis over his council, to all future Governor-Generals and Governors of Presidencies. 2. It gave the Governor-General more powers and control over the governments of the subordinate Presidencies of Bombay and Madras. 3. It extended the trade monopoly of the Company in India for another period of twenty years. 4. It provided that the Commander-in-Chief was not to be a member of the Governor-General’s council, unless he was so appointed. 5. It laid down that the members of the Board of Control and their staff were, henceforth, to be paid out of the Indian revenues. Charter Act of 1813 The features of this Act were as follows: 1. It abolished the trade monopoly of the company in India i.e., the Indian trade was thrown open to all British merchants. However, it continued the monopoly of the company over trade in tea and trade with China. 2. It asserted the sovereignty of the British Crown over the Company’s territories in India. 3. It allowed the Christian missionaries to come to India for the purpose of enlightening the people.  4. It provided for the spread of western education among the inhabitants of the British territories in India. 5. It authorised the Local Governments in India to impose taxes on persons. They could also punish the persons for not paying taxes. Charter Act of 1833 This Act was the final step towards centralisation in British India. The features of this Act were as follows: 1. It made the Governor-General of Bengal as the Governor- General of India and vested in him all civil and military powers. Thus, the act created, for the first time, Government of India having authority over the entire territorial area possessed by the British in India. Lord William Bentick was the first Governor-General of India. 2. It deprived the Governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India. The laws made under the previous acts were called as Regulations, while laws made under this act were called as Acts. 3. It ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the Company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’. 4. The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants and stated that the Indians should not be debarred from holding any place, office and employment under the Company. However, this provision was negated after opposition from the Court of Directors. Charter Act of 1853 This was the last of the series of Charter Acts passed by the British Parliament between 1793 and 1853. It was a significant constitutional landmark. The features of this Act were as follows: 1. It separated, for the first time, the legislative and executive functions of the Governor-General’s council. It provided for addition of six new members called legislative councillors to the council. In other words, it established a separate Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council. This legislative wing of the council functioned as a mini- Parliament, adopting the same procedures as the British Parliament. Thus, legislation, for the first time, was treated as a special function of the government, requiring special machinery and special process. 2. It introduced an open competition system of selection and recruitment of civil servants. The covenanted civil service3 was, thus, thrown open to the Indians also. Accordingly, the Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854. 3. It extended the Company’s rule and allowed it to retain the possession of Indian territories on trust for the British Crown. But, it did not specify any particular period, unlike the previous Charters. This was a clear indication that the Company’s rule could be terminated at any time the Parliament liked. 4. It introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the GovernorGeneral’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.  THE CROWN RULE (1858–1947) Government of India Act of 1858 This significant Act was enacted in the wake of the Revolt of 1857–also known as the First War of Independence or the ‘sepoy mutiny’. The act known as the Act for the Good Government of India, abolished the East India Company, and transferred the powers of Government, territories and revenues to the British Crown. The features of this Act were as follows: 1. It provided that India, henceforth, was to be governed by, and in the name of, Her Majesty. It changed the designation of the Governor-General of India to that of Viceroy of India. He (Viceroy) was the direct representative of the British Crown in India. Lord Canning, thus, became the first Viceroy of India. 2. It ended the system of double Government by abolishing the Board of Control and Court of Directors. 3. It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. The secretary of state was a member of the British Cabinet and was responsible ultimately to the British Parliament. 4. It established a 15-member council of India to assist the Secretary of State for India. The council was an advisory body. The secretary of state was made the Chairman of the council. 5. It constituted the Secretary of State-inCouncil as a body corporate, capable of suing and being sued in India and in England. ‘The Act of 1858 was, however, largely confined to the improvement of the administrative machinery by which the Indian Government was to be supervised and controlled in England. It did not alter in any substantial way the system of Government that prevailed in India4.’ Indian Councils Act of 1861 After the great revolt of 1857, the British Government felt the necessity of seeking the cooperation of the Indians in the administration of their country. In pursuance of this policy of association, three acts were enacted by the British Parliament in 1861, 1892 and 1909. The Indian Councils Act of 1861 is an important landmark in the constitutional and political history of India. The features of this Act were as follows: 1. It made a beginning of the representative institutions by associating Indians with the law-making process. It, thus, provided that the Viceroy should nominate some Indians as non-official members of his expanded council. In 1862, Lord Canning, the then Viceroy, nominated three Indians to his legislative council–the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. 2. It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. It, thus, reversed the centralising tendency that started from the Regulating Act of 1773 and reached its climax under the Charter Act of 1833. This policy of legislative devolution resulted in the grant of almost complete internal autonomy to the provinces in 1937. 3. It also provided for the establishment of new legislative councils for Bengal, North-Western Provinces and Punjab, which were established in 1862, 1886 and 1897, respectively. 4. It empowered the Viceroy to make rules and orders for the more convenient transaction of business in the council. It also gave a recognition to the ‘portfolio’ system, introduced by Lord Canning in 1859. Under this, a member of the Viceroy’s council was made in-charge of one or more departments of the Government and was authorised to issue final orders on behalf of the council on matters of his department(s). 5. It empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency.  The life of such an ordinance was six months. Indian Councils Act of 1892 The features of this Act were as follows: 1. It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them. 2. It increased the functions of legislative councils and gave them the power of discussing the budget5 and addressing questions to the executive. 3. It provided for the nomination of some non-official members of the (a) Central Legislative Council by the viceroy on the recommendation of the provincial legislative councils and the Bengal Chamber of Commerce, and (b) that of the provincial legislative councils by the Governors on the recommendation of the district boards, municipalities, universities, trade associations, zamin-dars and chambers. ‘The act made a limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils. The word “election” was, however, not used in the Act. The process was described as nomination made on the recommendation of certain bodies6.’ Indian Councils Act of 1909 This Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India). The features of this Act were as follows: 1. It considerably increased the size of the legislative councils, both Central and provincial. The number of members in the Central legislative council was raised from 16 to 60. The number of members in the provincial legislative councils was not uniform. 2. It retained official majority in the Central legislative council, but allowed the provincial legislative councils to have non- official majority.  3. It enlarged the deliberative functions of the legislative councils at both the levels. For example, members were allowed to ask supplementary questions, move resolutions on the budget and so on. 4. It provided (for the first time) for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council. He was appointed as the Law Member. 5. It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate. 6. It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars. Government of India Act of 1919 On August 20, 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible Government in India7. The Government of India Act of 1919 was thus enacted, which came into force in 1921. This Act is also known as Montagu- Chelmsford Reforms (Montagu was the Secretary of State for India and Lord Chelmsford was the Viceroy of India). The features of this Act were as follows: 1. It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary. 2. It further divided the provincial subjects into two parts– transferred and reserved. The transferred subjects were to be administered by the Governor with the aid of Ministers  responsible to the legislative council. The reserved subjects, on the other hand, were to be administered by the Governor and his executive council without being responsible to the legislative council. This dual scheme of governance was known as ‘dyarchy’–a term derived from the Greek word di- arche which means double rule. However, this experiment was largely unsuccessful. 3. It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian legislative council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election. 4. It required that the three of the six members of the Viceroy’s executive Council (other than the Commander-in-Chief) were to be Indian. 5. It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans. 6. It granted franchise to a limited number of people on the basis of property, tax or education. 7. It created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State for India. 8. It provided for the establishment of a public service commission. Hence, a Central Public Service Commission was set up in 1926 for recruiting civil servants8. 9. It separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. 10. It provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force. Simon Commission In November 1927 itself (i.e., 2 years before the schedule), the British Government announced the appointment a seven-member statutory commission under the chairmanship of Sir John Simon to report on the condition of India under its new Constitution. All the members of the commission were British and hence, all the parties boycotted the commission. The commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible Government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on. To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states. On the basis of these discussions, a ‘White Paper on Consitutional Reforms’ was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament. The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act of 1935. Communal Award In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities, which came to be known as the Communal Award. The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (Scheduled Castes). Gandhiji was distressed over this extension of the principle of communal representation to the depressed classes and undertook fast unto death in Yerawada Jail (Poona) to get the award modified. At last, there was an agreement between the leaders of the Congress and the depressed classes. The agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes. Government of India Act of 1935 The Act marked a second milestone towards a completely responsible government in India. It was a lengthy and detailed document having 321 Sections and 10 Schedules. The features of this Act were as follows: 1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists–Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it. 2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible Governments in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939. 3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all. 4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them. 5. It further extended the principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes), women and labour (workers). 6. It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors. 7. It extended franchise. About 10 per cent of the total population got the voting right. 8. It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country. 9. It provided for the establishment of not only a Federal Public Service Commission, but also a Provincial Public Service  Commission and Joint Public Service Commission for two or more provinces. 10. It provided for the establishment of a Federal Court, which was set up in 1937. Indian Independence Act of 1947 On February 20, 1947, the British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948; after which the power would be transferred to responsible Indian hands. This announcement was followed by the agitation by the Muslim League demanding partition of the country. Again on June 3, 1947, the British Government made it clear that any Constitution framed by the Constituent Assembly of India (formed in 1946) cannot apply to those parts of the country which were unwilling to accept it. On the same day (June 3, 1947), Lord Mountbatten, the Viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League. Immediate effect was given to the plan by enacting the Indian Independence Act9 (1947). The features of this Act were as follows: 1. It ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947. 2. It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth. 3. It abolished the office of Viceroy and provided, for each dominion, a governorgeneral, who was to be appointed by the British King on the advice of the dominion cabinet. His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India or Pakistan. 4. It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself. 5. It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the  new constitutions were drafted and enforced. No Act of the British Parliament passed after August 15, 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion. 6. It abolished the office of the Secretary of State for India and transferred his functions to the Secretary of State for Commonwealth Affairs. 7. It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15, 1947. 8. It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent. 9. It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the new Constitutions were framed. The dominions were however authorised to make modifications in the Act. 10. It deprived the British Monarch of his right to veto bills or ask for reservation of certain bills for his approval. But, this right was reserved for the GovernorGeneral. The Governor- General would have full power to assent to any bill in the name of His Majesty. 11. It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters. 12. It dropped the title of Emperor of India from the royal titles of the King of England. 13. It discontinued the appointment to civil services and reservation of posts by the secretary of state for India. The members of the civil services appointed before August 15, 1947 would continue to enjoy all benefits that they were entitled to till that time. At the stroke of midnight of 14-15 August, 1947, the British rule came to an end and power was transferred to the two new independent Dominions of India and Pakistan10. Lord Mountbatten became the first GovernorGeneral of the new Dominion of India. He swore in Jawaharlal Nehru as the first Prime Minister of independent India. The Constituent Assembly of India formed in 1946 became the Parliament of the Indian Dominion. Table 1.1 Interim Government (1946) Sl. Members Portfolios Held No. 1. Jawaharlal Nehru Vice-President of the Council; External Affairs & Commonwealth Relations 2. Sardar Vallabhbhai Home, Information & Broadcasting Patel 3. Dr. Rajendra Prasad Food & Agriculture 4. Dr. John Mathai Industries & Supplies 5. Jagjivan Ram Labour 6. Sardar Baldev Singh Defence 7. C.H. Bhabha Works, Mines & Power 8. Liaquat Ali Khan Finance 9. Abdur Rab Nishtar Posts & Air 10. Asaf Ali Railways & Transport 11. C. Rajagopalachari Education & Arts 12. I.I. Chundrigar Commerce 13. Ghaznafar Ali Khan Health 14. Joginder Nath Law Mandal Note: The members of the interim Government were members of the Viceroy’s Executive Council. The Viceroy continued to be the head of the Council. But, Jawaharlal Nehru was designated as the Vice-President of the Council. Table 1.2 First Cabinet of Free India (1947) Sl. Members Portfolios Held No. 1. Jawaharlal Nehru Prime Minister; External Affairs & Commonwealth Relations; Scientific Research 2. Sardar Vallabhbhai Home, Information & Broadcasting; Patel States 3. Dr. Rajendra Prasad Food & Agriculture 4. Maulana Abul Kalam Education Azad 5. Dr. John Mathai Railways & Transport 6. R.K. Shanmugham Finance Chetty 7. Dr. B.R. Ambedkar Law 8. Jagjivan Ram Labour 9. Sardar Baldev Singh Defence 10. Raj Kumari Amrit Health Kaur 11. C.H. Bhabha Commerce 12. Rafi Ahmed Kidwai Communication 13. Dr. Shayama Prasad Industries & Supplies Mukherji 14. V.N. Gadgil Works, Mines & Power NOTES AND REFERENCES 1. The Mughal Emperor, Shah Alam, granted ‘Diwani’ to the Company after its victory in the Battle of Buxar (1764). 2. It was introduced in the British Parliament by the then Prime Minister, William Pitt. 3. At that time, the Civil Services of the company were classified into covenanted civil services (higher civil services) and uncovenanted civil services (lower civil  services). The former was created by a law of the Company, while the later was created otherwise. 4. Subhash C. Kashyap, Our Constitution, National Book Trust, Third Edition, 2001, P. 14. 5. The system of Budget was introduced in British India in 1860. 6. V. N. Shukla, The Constitution of India, Eastern Book Company, Tenth Edition, 2001, P. A-10. 7. The declaration thus stated: ‘The policy of His Majesty’s Government is that of the increasing association of Indians in every branch of the administration, and the gradual development of self-government institutions, with a view to the progressive realisation of responsible government in India as an integral part of the British Empire’. 8. This was done on the recommendation of the Lee Commission on Superior Civil Services in India (1923- 24). 9. The Indian Independence Bill was introduced in the British Parliament on July 4, 1947 and received the Royal Assent on July 18, 1947. The act came into force on August 15, 1947. 10. The boundaries between the two Dominions were determined by a Boundary Commission headed by Radcliff. Pakistan included the provinces of West Punjab, Sind, Baluchistan, East Bengal, North-Western Frontier Province and the district of sylhet in Assam. The referendum in the North-Western Frontier Province and Sylhet was in favour of Pakistan.  2 Making of the Constitution DEMAND FOR A CONSTITUENT ASSEMBLY It was in 1934 that the idea of a Constituent Assembly for India was put forward for the first time by M.N. Roy, a pioneer of communist movement in India. In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India. In 1938, Jawaharlal Nehru, on behalf the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’. The demand was finally accepted in principle by the British Government in what is known as the ‘August Offer’ of 1940. In 1942, Sir Stafford Cripps, a Member of the Cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to be adopted after the World War II. The Cripps Proposals were rejected by the Muslim League, which wanted India to be divided into two autonomous states with two separate Constituent Assemblies. Finally, a Cabinet Mission1 was sent to India. While it rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which more or less satisfied the Muslim League.  COMPOSITION OF THE CONSTITUENT ASSEMBLY The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. The features of the scheme were: 1. The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the princely states. Out of 296 seats allotted to the British India, 292 members were to be drawn from the eleven governors’ provinces2 and four from the four Chief Commissioners’ provinces3 , one from each. 2. Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population. Roughly, one seat was to be allotted for every million population. 3. Seats allocated to each British province were to be divided among the three principal communities–Muslims, Sikhs and General (all except Muslims and Sikhs), in proportion to their population. 4. The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote. 5. The representatives of the princely states were to be nominated by the heads of the princely states. It is, thus, clear that the Constituent Assembly was to be a partly elected and partly nominated body. Moreover, the members were to be indirectly elected by the members of the provincial assemblies, who themselves were elected on a limited franchise4. The elections to the Constituent Assembly (for 296 seats allotted to the British Indian Provinces) were held in July-August 1946. The Indian National Congress won 208 seats, the Muslim League 73 seats and the small groups and independents got the remaining 15 seats. However, the 93 seats allotted to the princely states were not filled as they decided to stay away from the Constituent Assembly.  Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representatives of all sections of the Indian society– Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs including women of all these sections. The Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi.  WORKING OF THE CONSTITUENT ASSEMBLY The Constituent Assembly held its first meeting on December 9, 1946. The Muslim League boycotted the meeting and insisted on a separate state of Pakistan. The meeting was, thus, attended by only 211 members. Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President of the Assembly, following the French practice. Later, Dr. Rajendra Prasad was elected as the President of the Assembly. Similarly, both H.C. Mukherjee and V.T. Krishnamachari were elected as the Vice-Presidents of the Assembly. In other words, the Assembly had two Vice-Presidents. Objectives Resolution On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. It read: 1. “This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution: 2. Wherein the territories that now comprise British India, the territories that now form the Indian States and such other parts of India as are outside India and the States as well as other territories as are willing to be constituted into the independent sovereign India, shall be a Union of them all; and 3. wherein the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous units together with residuary powers and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting therefrom; and  4. wherein all power and authority of the sovereign independent India, its constituent parts and organs of Government are derived from the people; and 5. wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and 6. wherein adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and 7. whereby shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations; and 8. This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.” This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution. Changes by the Independence Act The representatives of the princely states, who had stayed away from the Constituent Assembly, gradually joined it. On April 28, 1947, representatives of the six states5 were part of the Assembly. After the acceptance of the Mountbatten Plan of June 3, 1947, for the partition of the country, the representatives of most of the other princely states took their seats in the Assembly. The members of the Muslim League from the Indian Dominion also entered the Assembly. The Indian Independence Act of 1947 made the following three changes in the position of the Assembly: 1. The Assembly was made a fully sovereign body, which could frame any Constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India.  2. The Assembly also became a legislative body. In other words, two separate functions were assigned to the Assembly, that is, making of the Constitution for free India and enacting of ordinary laws for the country. These two tasks were to be performed on separate days. Thus, the Assembly became the first Parliament of free India (Dominion Legislature). Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body6 , it was chaired by G.V. Mavlankar. These two functions continued till November 26, 1949, when the task of making the Constitution was over. 3. The Muslim League members (hailing from the areas7 included in the Pakistan) withdrew from the Constituent Assembly for India. Consequently, the total strength of the Assembly came down to 299 as against 389 originally fixed in 1946 under the Cabinet Mission Plan. The strength of the Indian provinces (formerly British Provinces) was reduced from 296 to 229 and those of the princely states from 93 to 70. The state-wise membership of the Assembly as on December 31, 1947, is shown in Table 2.4 of this chapter. Other Functions Performed In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly also performed the following functions: 1. It ratified the India’s membership of the Commonwealth in May 1949. 2. It adopted the national flag on July 22, 1947. 3. It adopted the national anthem on January 24, 1950. 4. It adopted the national song on January 24, 1950. 5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950. In all, the Constituent Assembly had 11 sessions over two years, 11 months and 18 days. The Constitution-makers had gone through the Constitutions of about 60 countries, and the Draft Constitution was considered for 114 days. The total expenditure incurred on making the Constitution amounted to ₹64 lakh.  On January 24, 1950, the Constituent Assembly held its final session. It, however, did not end, and continued as the provisional parliament of India from January 26, 1950, till the formation of new Parliament8 after the first general elections in 1951–52.  COMMITTEES OF THE CONSTITUENT ASSEMBLY The Constituent Assembly appointed a number of committees to deal with different tasks of constitution-making. Out of these, eight were major committees and the others were minor committees. The names of these committees and their Chairman are given below: Major Committees 1. Union Powers Committee - Jawaharlal Nehru 2. Union Constitution Committee -Jawaharlal Nehru 3. Provincial Constitution Committee -Sardar Patel 4. Drafting Committee - Dr. B.R. Ambedkar 5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel. This committee had the following five sub-committees: (a) Fundamental Rights Sub-Committee - J.B. Kripalani (b) Minorities Sub-Committee - H.C. Mukherjee (c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee -Gopinath Bardoloi (d) Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee - A.V. Thakkar (e) North-West Frontier Tribal Areas Sub-Committee8a 6. Rules of Procedure Committee - Dr. Rajendra Prasad 7. States Committee (Committee for Negotiating with States) - Jawaharlal Nehru 8. Steering Committee - Dr. Rajendra Prasad Minor Committees 1. Finance and Staff Committee - Dr. Rajendra Prasad 2. Credentials Committee - Alladi Krishnaswami Ayyar 3. House Committee - B. Pattabhi Sitaramayya 4. Order of Business Committee - Dr. K.M. Munshi 5. Ad-hoc Committee on the National Flag - Dr. Rajendra Prasad  6. Committee on the Functions of the Constituent Assembly - G.V. Mavalankar 7. Ad-hoc Committee on the Supreme Court - S. Varadachari (Not an Assembly Member) 8. Committee on Chief Commissioners’ Provinces - B. Pattabhi Sitaramayya 9. Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan Sarkar (Not an Assembly Member) 10. Linguistic Provinces Commission - S.K. Dar (Not an Assembly Member) 11. Special Committee to Examine the Draft Constitution - Jawaharlal Nehru 12. Press Gallery Committee - Usha Nath Sen 13. Ad-hoc Committee on Citizenship - S. Varadachari (Not an Assembly Member) Drafting Committee Among all the committees of the Constituent Assembly, the most important committee was the Drafting Committee set up on August 29, 1947. It was this committee that was entrusted with the task of preparing a draft of the new Constitution. It consisted of seven members. They were: 1. Dr. B.R. Ambedkar (Chairman) 2. N. Gopalaswamy Ayyangar 3. Alladi Krishnaswamy Ayyar 4. Dr. K.M. Munshi 5. Syed Mohammad Saadullah 6. N. Madhava Rau (He replaced B.L. Mitter who resigned due to ill-health) 7. T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948) The Drafting Committee, after taking into consideration the proposals of the various committees, prepared the first draft of the Constitution of India, which was published in February, 1948. The people of India were given eight months to discuss the draft and propose amendments. In the light of the public comments, criticisms and suggestions, the Drafting Committee prepared a second draft, which was published in October, 1948. The Drafting Committee took less than six months to prepare its draft. In all it sat only for 141 days.  ENACTMENT OF THE CONSTITUTION Dr. B.R. Ambedkar introduced the final draft of the Constitution in the Assembly on November 4, 1948 (first reading). The Assembly had a general discussion on it for five days (till November 9, 1948). The second reading (clause by clause consideration) started on November 15, 1948, and ended on October 17, 1949. During this stage, as many as 7653 amendments were proposed and 2473 were actually discussed in the Assembly. The third reading of the draft started on November 14, 1949. Dr. B.R. Ambedkar moved a motion–‘the Constitution as settled by the Assembly be passed’. The motion on Draft Constitution was declared as passed on November 26, 1949, and received the signatures of the members and the president. Out of a total 299 members of the Assembly, only 284 were actually present on that day and signed the Constitution. This is also the date mentioned in the Preamble as the date on which the people of India in the Constituent Assembly adopted, enacted and gave to themselves this Constitution. The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules. The Preamble was enacted after the entire Constitution was already enacted. Dr. B.R. Ambedkar, the then Law Minister, piloted the Draft Constitution in the Assembly. He took a very prominent part in the deliberations of the Assembly. He was known for his logical, forceful and persuasive arguments on the floor of the Assembly. He is recognised as the ‘Father of the Constitution of India’. This brilliant writer, constitutional expert, undisputed leader of the Scheduled Castes and the ‘chief architect of the Constitution of India’ is also known as a ‘Modern Manu’.  ENFORCEMENT OF THE CONSTITUTION Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949, itself. The remaining provisions (the major part) of the Constitution came into force on January 26, 1950. This day is referred to in the Constitution as the ‘date of its commencement’, and celebrated as the Republic Day. January 26 was specifically chosen as the ‘date of commencement’ of the Constitution because of its historical importance. It was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC. With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, with all enactments amending or supplementing the latter Act, were repealed. The Abolition of Privy Council Jurisdiction Act (1949) was however continued.  EXPERTS COMMITTEE OF THE CONGRESS While elections to the Constituent Assembly were still in progress, on July 8, 1946, the Congress Party (Indian National Congress) appointed an Experts Committee for the purpose of preparing material for the Constituent Assembly. This committee consisted of the following members8b : 1. Jawaharlal Nehru (Chairman) 2. M. Asaf Ali 3. K.M. Munshi 4. N. Gopalaswami Ayyangar 5. K.T. Shah 6. D.R. Gadgil 7. Humayun Kabir 8. K. Santhanam Later, on the Chairman’s proposal, it was resolved that Krishna Kripalani be co-opted as member and convener of the committee. The committee had two sittings, the first at New Delhi from July 20 to 22, 1946, and the second at Bombay from August 15 to 17, 1946. Apart from a number of notes prepared by its members, the committee discussed the procedure to be adopted by the Constituent Assembly, the question of the appointment of various committees and the draft of a resolution on the objectives of the constitution to be moved during the first session of the Constituent Assembly8c. On the role played by this committee in the making of the Constitution, Granville Austin, a British constitutional expert, observed: “It was the Congress Experts Committee that set India on the road to her present Constitution. The committee members, working within the framework of the Cabinet Mission Scheme, made general suggestions about autonomous areas, the powers of provincial Governments and the Centre, and about such issues as the princely states and the amending power. They also drafted a resolution, closely resembling the Objectives Resolution”.8d  CRITICISM OF THE CONSTITUENT ASSEMBLY The critics have criticised the Constituent Assembly on various grounds. These are as follows: 1. Not a Representative Body: The critics have argued that the Constituent Assembly was not a representative body as its members were not directly elected by the people of India on the basis of universal adult franchise. 2. Not a Sovereign Body: The critics maintained that the Constituent Assembly was not a sovereign body as it was created by the proposals of the British Government. Further, they said that the Assembly held its sessions with the permission of the British Government. 3. Time Consuming: According to the critics, the Constituent Assembly took unduly long time to make the Constitution. They stated that the framers of the American Constitution took only four months to complete their work8e. In this context, Naziruddin Ahmed, a member of the Constituent Assembly, coined a new name for the Drafting Committee to show his contempt for it. He called it a “Drifting Committee”. 4. Dominated by Congress: The critics charged that the Constituent Assembly was dominated by the Congress party. Granville Austin, an American Constitutional expert, remarked: ‘The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India’9. 5. Lawyer-Politician Domination: It is also maintained by the critics that the Constituent Assembly was dominated by lawyers and politicians. They pointed out that other sections of the society were not sufficiently represented. This, to them, is the main reason for the bulkiness and complicated language of the Constitution. 6. Dominated by Hindus: According to some critics, the Constituent Assembly was a Hindu dominated body. Lord Viscount Simon called it ‘a body of Hindus’. Similarly, Winston Churchill commented that the Constituent Assembly represented ‘only one major community in India’. IMPORTANT FACTS 1. Elephant was adopted as the symbol (seal) of the Constituent Assembly. 2. Sir B.N. Rau was appointed as the constitutional advisor (Legal advisor) to the Constituent Assembly. 3. H.V.R. Iyengar was the Secretary to the Constituent Assembly. 4. S.N. Mukerjee was the chief draftsman of the constitution in the Constituent Assembly. 5. Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style. 6. The original version was beautified and decorated by artists from Shantiniketan including Nand Lal Bose and Beohar Rammanohar Sinha. 7. Beohar Rammanohar Sinha illuminated, beautified and ornamented the original Preamble calligraphed by Prem Behari Narain Raizada. 8. The calligraphy of the Hindi version of the original constitution was done by Vasant Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.  HINDI TEXT OF THE CONSTITUTION Originally, the Constitution of India did not make any provision with respect to an authoritative text of the Constitution in the Hindi language. Later, a provision in this regard was made by the 58th Constitutional Amendment Act of 19878f. This amendment inserted a new Article 394-A in the last part of the Constitution i.e., Part XXII8g. This article contains the following provisions: 1. The President shall cause to be published under his authority: (i) The translation of the Constitution in Hindi language. The modifications which are necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of the Central Acts in Hindi can be made in it. All the amendments of the Constitution made before such publication should be incorporated in it. (ii) The translation in Hindi of every amendment of the constitution made in English. 2. The translation of the Constitution and its every amendment published shall be construed to have the same meaning as the original text in English. If any difficulty arises in this matter, the President shall cause the Hindi text to be revised suitably. 3. The translation of the Constitution and its every amendment published shall be deemed to be, for all purposes, its authoritative text in Hindi. Table 2.1 Allocation of seats in the Constituent Assembly of India (1946) Sl.No. Areas Seats 1. British Indian Provinces (11) 292 2. Princely States (Indian States) 93 3. Chief Commissioners’ Provinces (4) 4 Total 389 Table 2.2 Results of the Elections to the Constituent Assembly (July–August 1946) Sl.No. Name of the Party Seats won 1. Congress 208 2. Muslim League 73 3. Unionist Party 1 4. Unionist Muslims 1 5. Unionist Scheduled Castes 1 6. Krishak - Praja Party 1 7. Scheduled Castes Federation 1 8. Sikhs (Non-Congress) 1 9. Comm