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We have a curated list of the most noteworthy articles from all across the globe. With any subscription plan, you get access to exclusive articles that let you stay ahead of the curve.
We have a curated list of the most noteworthy articles from all across the globe. With any subscription plan, you get access to exclusive articles that let you stay ahead of the curve.
We have a curated list of the most noteworthy articles from all across the globe. With any subscription plan, you get access to exclusive articles that let you stay ahead of the curve.
Indian Constitution has been framed by the congress Assembly by working committee on June 24, 1946.
In the meeting of the Constituent Assembly, Congress adopted a resolution in the eve of November 1946, declaring that: “it stands for an independent sovereign republic wherein all powers and authority are derived from the people and for a Constitution wherein social objectives are laid down to promote freedom, progress & equal opportunity for all the people of India…..”
In the early draft of the Union Constitution, Preamble was a somewhat formal affair, which was provided by B.N. Basu’s memorandum on the Union Constitution on 30th May 1947. And it was:
“We the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution”.
The Preamble was finally adopted on Twenty-sixth day of November 1949. Now, the present form of Preamble is as under:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith, and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Sovereign – It means supreme or independent. The country is both, internally as well as externally sovereign. Externally it is free from any foreign power and internally it exercises a free government directly elected by the people and makes laws that govern the people.
Socialist – The word was added by the 42nd amendment act of 1976. It implies to social and economic equality. Social equality means there is no discrimination on the grounds of caste, colour, creed, sex, religion, language, etc. Each one enjoys equal status and opportunities.
Secular – The word was inserted by the 42nd amendment act of 1976. Secular implies equality of all religions and religious tolerance. No state in India has an official state religion. Anybody can preach, practice and propagate any religion of his or her choice. In the eyes of the law, all citizens are equal irrespective of their religious beliefs.
Democratic – This means that the government of all levels are elected by the people through a system of universal adult franchise. Every citizen irrespective of caste, creed, colour, sex, religion or education who is 18 years of age and above is entitled to vote, if not debarred by law.
Republic – The term means that the head of the state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by Electoral College for a fixed period of five years.
It is the introductory statement that provides briefly the objectives of the Indian constitution, The Preamble of the Indian Constitution provides guidance to the representatives of the people in their task. It gives expression to the aspirations of the Indian people,
We, the people of India:
The Preamble of Constitution of India commence with the word ‘We, the people of India’ – it refers that the constitution derives its authority from the people of India. The final source of all power are people of India.
Before independence, we were governed by the laws made by the British rulers. There is no such foreign control over us now. We can frame our laws without any external interference. Our head of the State is the President of India, who is elected and not appointed. The sovereignty rest in the people of India who are the ultimate master of their own destiny.
India is democratic:
The great thinker and President of USA, Abraham Lincoln (1861-65 CE) defined democracy as the ‘government of the people, by the people, and for the people. In our country, it is through our elected representatives that the state policies are made and implemented for the welfare of our people.
India is a Republic:
In a Republic system, no external authority has any say in the affairs of the country. Before the independence, the queen and king of Britain happened to be the constitutional head of India. But with the introduction of our Indian constitution, we have become the republic and our elected representatives in the parliament and state legislature has equal freedom.
In India, the law of the state does not show discrimination for any particular religious group. The freedom to follow a faith of one’s choice is guaranteed in the constitution. In the term of employment, no restrictions can be imposed on the basis of a person’s religion.
Secularism denotes equal regard for religious sentiments of all people, all people have freedom to follow any religion in India. Secularism means that all are free to profess or preach the faith of their liking.
Dr. B. R. Ambedkar, the principal architect of the Indian constitution was of the view that, “Secular does no mean that the state shall not take into consideration religious sentiments of the people. The secular state means that the parliament shall not impose any particular religion upon the people.”
Secularism treats all religions on equal footing and accepts freedom of religion. Secularism believes in religious co-existence and people following different religions can live side by side.
Regarding secularism the following articles exist in the Indian Constitution:
Article 15: The State does not discriminate against any citizen on the ground of any religion. All citizens have equal access to shops, tanks, wells, and public place.
Article 25 (1): All citizen are equally free to follow any religion of their choice,
Article 27: No person can be made to pay any tax for the promotion of any religion.
Article 28 (1): No religious instruction can be provided in any educational institution wholly maintained out of state funds.
Article 29 (1): On religious ground no citizen can be denied admission to any educational institution maintained by the state or receiving aid out of state funds.
Article 30: It gives the right to establish educational institutions to religious and linguistic minorities based on religion or language. It also prohibits any discrimination in grant of aid to any educational institution run by a religious minority.
Our constitution aims at establishing the socialist society. Indian Constitution providing measures through which economic disparities may be diminished. It does not mean that government intends to make the rich people poor. The intention is to raise the standard of living of people who are economically backward. There is a special provision in the constitution that allow the government to make legislation for protecting the interest of the weaker section of the society.
Economic justice is ensured through provisions like minimum wage and equal opportunities for employment in commercial organizations.
Political justice means that there is a liberty to make any political vision. There is a liberty to have any political view but they must not go against the interest of the nation as a whole. Similarly, there is the freedom to vote for any recognized political party in the country.
Liberty and Equality:
The Indian Constitution provides that no citizen shall be deprived of this freedom. There can be no detention without proper authority of law. There is also the freedom of expression and speech. Equal opportunities are ensured to all citizen for their fullest development.
Fraternity:
The Indian constitution intends to promote the feeling of mutual feeling of brotherhood among all the citizen.
Liberty, fraternity, and equality are inter-relation. It is only when all citizen is free and bound by a feeling of brotherhood for each other. Equality before law and feeling of brotherhood for each other alone can ensure that there will be real freedom.
The Indian constitution provides that all men are born equal and free. So it guarantees to them these basic freedoms.
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Membership is limited to 250 members, 12 of whom are nominated by the President of India for their contributions to art, literature, science, and social services. The remainder of the body is elected by the state and territorial legislatures. Members sit for six-year terms, with one third of the members retiring every two years.
The Vice President of India currently, Hamid Ansari is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions. The Deputy Chairman, who is elected from amongst the RS’s members, takes care of the day-to-day matters of the house in the absence of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952.
To become a member of the Rajya Sabha, he/she must be at least 30 years of age. Members are elected by the Legislative Assembly of States and Union territories by means of Single transferable vote through Proportional representation.
As per the Constitution of India, there is a Chairman and a Vice-Chairman of Rajya Sabha. Besides the Chairman (Vice-President of India) and the Deputy Chairman, there is also a function called Leader of the House. This is a cabinet minister – the prime minister if he is a member of the House, or another nominated minister.
Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament.
Functions of Rajya Sabha
Any bill, in general, has to be approved by Rajya Sabha even if approved by Lok Sabha.
Equal Powers with the Lok Sabha in initiating and passing any Bill for Constitutional Amendment
Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the President
Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts
Equal Powers with the Lok Sabha in initiating and passing a resolution declaring war or national emergency or constitutional emergency in a state
The house is not subject to dissolution which is a limitation for Lok Sabha.
Rajya Sabha Television is a 24*7 parliamentary TV channel fully owned and operated by the Rajya Sabha. The channel is aimed at providing in-depth coverage and analysis of parliamentary affairs especially the functioning of and developments related to Rajya Sabha.
The Lok Sabha or House of the People is the lower house of the Parliament of India. The Parliament of India consists of two houses: The Lok Sabha or House of the People and the Rajya Sabha or Council of States. The Lok Sabha meets in the Lok Sabha Chambers, Sansad Bhavan, Sansad Marg, New Delhi.
The Constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950, proclaiming India to be a sovereign, democratic republic. It contained the founding principles of the law of the land which would govern India after its independence from British rule.
The maximum strength of the House envisaged by the Constitution is 552, which is made up by election of up to 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the Hon’ble President, if, in his/her opinion, that community is not adequately represented in the House. The number is divided among the 28 States and the 7 Union Territories.
The qualifying age for membership of Lok Sabha is 25 years. The Lok Sabha at present consists of 545 members including the Speaker and two nominated members.
Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker.
Three sessions of Lok Sabha take place in a year:
Budget session: February to May.
Monsoon session: July to September.
Winter session: November to mid-December.
When in session, Lok Sabha holds its sittings usually from 11 A.M. to 1 P.M. and from 2 P.M. to 6 P.M. The first hour of every sitting of Lok Sabha is called the Question hour. Asking of questions in Parliament is the free and unfettered right of members. Questions are of three types – Starred, Unstarred and Short Notice.
After the Question Hour, the House takes up miscellaneous items of work before proceeding to the main business of the day. These consist of one or more of the following:-
Adjournment Motions, Questions involving breaches of Privileges, Papers to be laid on the Table, Communication of any messages from Rajya Sabha, Intimations regarding President’s assent to Bills, Calling Attention Notices, Matters under Rule 377, Presentation of Reports of Parliamentary Committee, Presentation of Petitions, – miscellaneous statements by Ministers, Motions regarding elections to Committees, Bills to be withdrawn or introduced.
In June 1951, the First Constitutional Amendment Act was passed, and the following Amendment in the Constitution were inserted :
(i) To Article 15, a new clause (4) was added:
(ii) clauses (2) and (6) of Article 19 were recast;
(iii) After Article 31, Article 31A and 31B were inserted;
(iv) For Original Article 85, a new Article was substituted;
(v) In Article 87, clauses (1) and (2) were recast;
(vi) For the Original Article 174, a new Article was substituted;
(vii) In Article 176, clauses (1) and (2) were recast:
(viii) Clause (1) of Article 341 was recast; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also recast;
(ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by State Legislatures were included in it so that those Acts might not be challenged in courts.
The main purpose of the Amendment was the removal of certain practical difficulties created by court decisions in several cases such as Kameshwar Singh vs. State of Bihar, Romesh Thapar vs. State of Madras, Brij Bhusan vs. State of Delhi and Motilal vs. Government of Uttar Pradesh. The issues involved in these cases were numerous, such as the scope of the fundamental right of freedom of speech, acquisition of Zamindari (land) of intermediaries, conflict between a citizen’s fundamental right to practise any profession, or to carry on any business or trade (Article 19) and state monopoly of any trade, and so on.
The Constitution (Second Amendment) Act, 1952
The Second Constitutional Amendment Act amended Article 81 in order to remove the prescribed limit of 7,50,000 of the population for one member to be elected to the Lok Sabha. According to the original provision, at least on member was to be elected to the Lok Sabha for every 7,50,000 of the population. It was further provided that the maximum number of elected member to the Lok Sabha should not exceed 500.
The Constitution (Third Amendment) Act, 1954
The Third Amendment brought about changes in the Seventh Schedule consisting of the three legislative lists and entry 33 of the Concurrent List was substituted by a new one.
Article 31 and 31A were amended by the Fourth Constitutional Amendment Act. Clause (2) of Article 31 clause (1) of Article 31A were substituted by new clauses as. As a result of these, the adequacy of the quantum of compensation paid for the compulsory acquisition of property for ‘a public purpose’ could not be questioned in a court of law. It also amended Article 305 and the Ninth Schedule.
The Constitution (Fifth Amendment) Act, 1955
The Constitutional Fifth Amendment Act amended Article 3. in the Constitution there was no time limit during which a State Legislature should express its boundaries, which the Centre may like to make. With the help of this amendment is was provided that the State will be required to express its views on such matters within such period as may be specified in the reference or within such further period, as the President may allow.
The Constitution (Sixth Amendment) Act, 1956
In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a new entry was added after entry 92 in the State List, a new entry was substituted for entry 54. it also amended Articles 269 and 286 dealing with inter-state Sales-tax.
The Constitution (Seventh Amendment) Act, 1956
The Seventh Amendment brought about the most comprehensive changes so fair in the Constitution. This amendment was designed to implement the State Reorganisation Act. The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.
The Constitution (Eight Amendment) Act, 1959
The Act extended the period of reservation seats in Lok Sabha and State Legislatures for the Anglo-Indians, the Scheduled Castes and Scheduled Tribes by another 10 years.
The Constitution (Ninth Amendment) Act, 1960
It provided for the transfer of certain territories of India to Pakistan under and agreement between India and Pakistan as a part of a comprehensive settlement of border disputes between the two countries.
The Constitution (Tenth Amendment) Act, 1961
The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation making powers of the President.
The Constitution (Eleventh Amendment) Act, 1961
It amends Article 71 so as to make it clear that the election of the President or the Vice-President shall not be the challenges on the ground of any vacancy for whatever reason in the appropriate electoral college. It also obviates the necessity of a joint meeting of the two Houses of Parliament (Article 66) by constituting them into an electoral college for the election of the Vice-President.
The Constitution (Twelfth Amendment) Act, 1962
The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the Union of India and for this First Schedule of the Constitution was amended.
The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment provides also for the vesting of certain special responsibilities in the Governor of Nagaland.
The Constitution (Fourteenth Amendment) Act, 1962
The amendment provides for the incorporation of the former French Establishments in India, under the name Pondicherry, as an integral part of the territory of the Indian Union. it also amended Article 31 to increase, from a maximum 20 to 25, the number of seats assigned in the Lok Sabha for the Union Territories.
The Constitution (Fifteenth Amendment) Act, 1963
The amendment raised the retirement age of High Court. Judge from 60 to 62 years. It also empowered the various High Courts to hear cases against to the Union Government.
The Constitution (Sixteenth Amendment) Act, 1963
The Act seeks to enable Parliament to make laws provident penalty for any person questioning the sovereignty and integrity of India. Under the provisions of the this Amendment, a person shall not be qualified to be chosen to fill a seat in Parliament or in the Legislature of State unless, inter-alia, he maker or subscribes before a person authorised by the Election Commission an oath or affirmation that he will bear true faith and allegiance to the Constitution and will uphold the sovereignty and integrity of India.
The Constitution (Seventeenth Amendment) Act, 1964
The Act amend the definition of the term ‘estate’ in Article 31A to include lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enactments. It also amends the Ninth Schedule of the Constitution to include therein 44 State enactment relation to land reforms in order to remove any uncertainty or doubt that may arise with regard to their validity.
The Constitution (Eighteenth Amendment) Act, 1966
The amendment provides for the creation of new States, namely, Punjab and Haryana as a result of the reorganisation of the former State of Punjab and the Union Territory of Himachal Pradesh.
The Constitution (Nineteenth Amendment) Act, 1966
The Act modified Article 324 so as to terminate the jurisdiction of election tribunals to decide election disputes. The Amendment withdrew from the Election Commission the power of setting up election tribunals.
The Constitution (Twentieth Amendment) Act, 1966
The Act inserts a new Article 233A immediately after Article 233 in order to validate the appointment of District Judges, which might not have conformed fully to the different Constitutional requirements, which were in existent prior to 1966.
The Constitution (Twenty-first Amendment) Act, 1967
It amended the Eight Schedule to the Constitution by including ‘Sindhi’ therein.
The Constitution (Twenty-second Amendment) Act, 1969
The amendment conferred legislative power on Parliament for the purpose of creating and autonomous Hill State within the State of Assam. Accordingly, Parliament passed the Assam Reorganization (Meghalaya) Act 1969 to set up the State of Meghalaya within the State of Assam.
The Constitution (Twenty-third Amendment) Act, 1969
It deals with the questions of reservation of seat in Parliament and State Assemblies for Scheduled Castes, Scheduled Tribes, and Anglo-Indian and further extends the period of reservation by another ten years, which means in effect thirty years from the commencement of the Constitution.
The Constitution (Twenty-fourth Amendment) Act, 1971
It amends Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof. It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend fundamental rights.
The Constitution (Twenty-fifth) Amendment Act, 1971
The 25th amendment in the Constitution in 1971 added a new clause, Article 31C to the Constitution. Up to 1971, the position was that fundamental rights prevailed over the directive principles of State Policy and that a law enacted to implement a directive principle could not be valid if it conflicted with a fundamental right. Article 31C sought to change this relationship to some extent by conferring privacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.
