भारतीय संविधान - एक परिचय

1. The Constitution is the supreme law of land defining the powers of the State, the rights and duties of citizens defining the distribution of powers of the various organs of the Govt. and also the general principles under which the powers are exercised.

2. The Constitution can be divided in to two types

i. Unitary in which their will be only one Govt. at the Center which will be controlling all the powers.
ii. Federal State is the federation of various States with regard to the issues of common interest agreed upon by all the units. In other words federal Govt. of the Center will enjoy such powers as are delegated to it by the State while the federal States enjoy full autonomy with regard to the powers other than those given to the federation.

3. In this context the Indian Constitution can be categorized as Quasi federal that it is partly federal and partly unitary. In other word it is federal in form and unitary in character.

4. Salient features of Indian Constitution.

i. The Indian Constitution is described as a basket of borrowing. Many of the provisions have been taken from the Constitution of other countries. The greatest contribution being the Govt. of India Act 1935. In addition the influence of other Constitutions is
ii. Parliamentary system of govt. - UK
iii. Fundamental rights from human rights
declaration from Bills of right - USA
iv. federal system - Canada
v. Emergency - South Africa
vi. Elections of RS - S. Africa
vii. Presidents right to suspend fundamental rights - W. Germany
viii. Directive principles - Irish
ix. Fundamental duties - Japan, USSR.

5. Indian Constitution is the lengthiest Constitution with more than 400 Articles 24 by-parts and 12 schedules. Expanded from originally 395 articles 22 parts and 8 schedules.

6. The Constitution is a unique combination of rigidity and flexibility. Some provisions can be amended by simple majority, some with special majority and a few by special majority and concurrence of State.

7. Constitution envisages parliamentary system of Govt. with executive being responsible to LS.

8. It gives single citizenship single judiciary, single public service, single CAG, single election commission etc. which depicts the Unitary sprit of the Constitution.

9. India is a secular State i.e., it has no State religion, all religions are treated equally.

10. Preamble is an introductory note or preface to the Constitution. It out limits the objective of the Constitution. It talks about the philosophy of the Constitution it says “we the people of India having resolved the constituted India into sovereign, socialistic, 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 opportunity. Our Constitution then assemble this 26th Nov. 1949 do hear by adopt and line to ourselves this Constitution”.

11. In 1960 in a case SC declared the preamble is not a part of the Constitution. It cannot be regarded as a source of substantive power. However, in 1973 in Keshav Nanda Bharti case the SC over ruled its earlier Judgment and held that the preamble is the part of the Constitution and the Constitution should be real and interpreted only with reference to the preamble. Therefore, the position today is that preamble is the part of the Constitution and it can be amended without altering the basis structure.

12. The preamble was amended by the Amendment Act 1978. When three new words were inserted the words are Socialistic, Secular and integrity.

13. Article 1 declares that India is a Union of State. Through the country is a federation with a strong center the world federation is not been included anywhere in the Constitution instead only union is mentioned.

Ø Article 1 also give the name of India that is Bharat shall be a union of States. The territory of India comprises of
i. Territory of State,
ii. Union Territory,
iii. Such other territories as may be acquired.

14. The members of the Indian Union are detailed in the 1st schedule. Before recognition of States on linguistic basis in 1956 there were 4 categories of State namely Part A, B, C & D. This was reduced to two groups as 25 States and 7 union territories.

15. The power to acquire any territory is inherent in the sovereignty and for this no legislation is required. The territory can be acquired by conquest, acquisition, occupation etc.

16. The Constitution permits Parliament to admit new sates. The new State so admitted can not claim complete equality.

17. Article 3 gives the procedure for establishing a new State by
i. Separation of territory from any State
ii. By uniting two or more State
iii. By uniting any part of the State
iv. By uniting any territory to a part of another State.

Ø Under this Parliament can increase or decrease the area and also change the name of any State.

18. Parliament can alter the territory or name of the State without the consent of the effected State. This can be done by passing a bill by simple majority.

19. Article 12 defines the State includes union legislature State legislature union executive State executive local bodies or any other authority established by the union or the State.

20. Article 13 protect the fundamental rights form the executive and legislation it says that the State shall not make any law or takes away abridge any of the rights conferred in part 3 of the Constitution and any law made in contravention of this will be void.

21. The idea of a Constitution for India was first of all given by Shri M. N. Roy the famous Indian philosopher of politics in 1929.

22. Indian Constitution came into effect on 26th January 1950 though it was ready by 26th November 1949.

23. On 15th March 1946 the Cabinet mission came to India and recommended constituent assembly, an interim Govt.

24. It was decided that the constituent as will be detected indirectly by the provinces of British India which were grouped into A, B & C.

25. The Indian States were also given representation not exceeding 93 who were ultimately nominated.

26. The election of the constituent assemble were held in July 1946. The India National congress got 202 out of 210 general seats while the M. League got 73 out of 78 reserved for the Muslim.

27. Since the Cabinet mission plan provided representations only to the Hindu, Muslims, Sikh but congress party gave representation to Anglo Indian Christian, Parsis & Women.

28. The Constituent assemble met for the 1st time on Dec. 9, 1948. Shri J. B. Kriplani the then congress president proposed the name of Dr. Sachindanand Sinha the oldest member of the assembly for pro temp- president ship.

29. Later on December 11, 1948 Dr. Rajendra Prasad was elected the president of the constituent Assembly.

30. When the Constituent Assembly met it was boycotted by the Muslim League after this boycott only 211 members attended the 1st Meeting as a result of the Indian Independence Act 1947 and the partition of the country this membership of the assembly was resulted from 299 to 229 from the provinces and 70 from the State.

31. The Congress Assistance appointed 13 important committees for framing the Constitution. These committees submitted their report between April and August 1947 and on the basic of their report of Dr. B. N. Rav the Constitutional advisor submitted a draft of the Constitution in October 1947.

32. To consider this draft a drafting committee of 6 members was appointed under the chairmanship of Dr. B. R. Ambedkar. It prepared the final draft which was passed on 26 November 1949. On this day the Constitution received the signatures of the President of the Assembly.

33. It took 2 year 11 months and 18 days to complete the Constitution.

34. The provisions relating to citizenship, election, provisional parliament etc. came in to force with immediate effect that is from November 26 1949. The rest of the Constitution came into force on 26th January 1950.

35. Right to equality from Article 14 to 18.

Ø Article 14 says that the State shall not deny to any person equality before law and equal protection of law.

Ø Article 15 is about prohibition of discrimination on the grounds of RRCSP.

Ø Article 16 relates to equality of opportunity in public employment.

Ø Article 17 abolishes untouchability. It prohibits its practice in any form.

Ø Article 18 relate to abolition of titles.

36. Right to freedom is given under Article 19-22.

Ø Article 19 gives 7 freedoms. It is also known as magna carta of civil bodies. It consists of .
i. freedom of speech and expression
ii. freedom to assemble peacefully without arms
iii. freedom of association
iv. freedom of movement throughout the territory of India.
v. Freedom to residence and settlement.
vi. Freedom to acquire hold and dispose of property.
vii. Freedom of professional trade, occupation and business.

Ø Article 20 has 3 parts.
i. Protection against ex-post facto law.
ii. Protection against double Jeopardy.
iii. Protection against self incrimination.

Ø Article 21 relates to life and personal liberty. It provides that no person shall be deprived of his life or personal liberty except by a procedure establish by law.

Ø Article 22 guarantees 4 rights to arrested person : every person arrested shall be informed on the grounds of arrest.
i. He should not be denied right to consult and be defended by a lawyer of his choice.
ii. He should be produced before the Magistrate with in 24 hrs.
iii. It should not be detained beyond 24 hrs without the orders of the district magistrate.

37. Article 23 prohibits traffic in human beings beggar and other similar forms.

38. Article 24 says no child below the age of 14 years should be employed in any factory on mine engaged in any other hazardous employment.

39. Article 26 is a cordary to Article 25 which is right to manage religious affairs subject to public order majority and health.

40. Article 27 says no person shall be compelled to pay taxes the proceeds of which specifically used for promotion and maintenance of any particular religion.

41. Article 28 says no religion instructions shall be provided in any educational institution to maintain holy from the States.

42. Article 30 gives all minorities based on religion or language the right to establish and administered educational institution of their own.

43. Article 32 related to Judicial remedies it empowers SC to be a protector and guarantor of FR and as such it can not refuse to entertain any application seeking protection against FR. It also empowers to issue appropriate writs.

44. The 5 kings of writs are :
i. Habeas Corpus : Which means produce the body. The power to issue this writs lies only with SC and HC. This is a desecration of the court to an authority or person which is detaining on other ordering him to bring the body of a person at specified time to a specified place for a specified purpose. The purpose being to set him at liberty if he is detained without legal jurisdiction.

ii. Mandamus : means we command this is an order of SC and HC commencing a person or a body to do what is his legal and not to do what he is not entitled to do.

iii. Prohibition : it is to prevent an inferior court or tribunal of exceeding its judicial or acting contrary to subjects of National Justice.

iv. Certiorari : this is an order of removal of suit from an inferior court to the SC for bringing up the decision of the inferior court to the SC with a view to being Quashed.

v. Quo-Warranto : under this the HC and SC may grant injunction to restrain person form holding an office to which he is not entitled and can also declared the office to be vacant.

45. In the Nehru Report in 1928 the demand for the constituent assemble was made which was later reiterated by Congress in 1934.

46. President may summon the Joint meeting of two houses in case there is any disagreement over a certain matter in the two houses. The Joint meetings are presided over by the speaker of the LS. If at the Joint sitting the bill is passes by a majority of total members of both the houses it is deemed to have been passed by both the houses.

47. There is distribution of legislative powers which is given in the 7th schedule. It contains 3 lists of subjects :
i. Union lists which has 97 subjects including Defence, External Affairs, Banking, Coinage, Communications Railways etc. on which only Union parliament can legislate.
ii. State Lists involves 66 subjects including law and order, police, people health, sanitation, agriculture, fisheries etc.
iii. Concurrent list has 47 items involving criminal law, education, marriage civil proceeding etc on which union as well as State legislature can pass laws. Union law if passed will always prevail over State Law.

48. Election Commission. Is appointed under Article 324 for the conduct and control of elections. It is an independent autonomous Constitutional body consisting of a Chief election Commissioner as Chairman and as many no of election commissioner as the president may fix.

49. The Election Commissioner can be removed only for proved misbehaviors in capacity on address by both the houses of parliament by special majority.

50. Attorney General is a part of the Union execution which comprises of president, Vice President, Council of Minister and Attorney General.

51. He is the chief law officer are Chief legal advisor he is appointed by the President and holds of office during the pleasure of President.

52. Functions of Attorney General.
i. He has the right to audience in all courts of India.
ii. He renders legal advice to the union govt.
iii. He appears before SC or HC in all suits and proceedings on behalf of Govt. of India.
iv. He also appears on behalf of Parliament Speaker, Deputy Speaker Chairman or Deputy Chairman in any court.
v. He has the right to address both the houses of Parliament but not to right a vote.

53. Controller and Auditor General
Ø Controls the financial system of the country at union and States.
Ø He is appointed by President
Ø Holds office up to 6 years or up to 65 years which ever is earlier.
Ø He is equal to the judge of SC and receives an equal salary.
Ø He cannot be re-employed after retirement.
Ø He can be removed only for proved misbehaviour or in capacity on the lines of removal of judge of SC upon an address by both the houses of parliament by 2/3rd majority.
Ø His pay and allowances can not be altered to his disadvantage.

54. Finance Commission
Ø Is appointed under article 280 by the president every 5 years.
Ø It consists of 1 chairman and 4 members.
Ø Person to be appointed on the commission should have special knowledge of accounts and finance of Govt. or experience in financial matters.
Ø A person who is qualified to be a judge of HC can also be considered for the post of Chairman.

What Schedules contain

1. 1st Schedule – Name of States and UTs.
2. 2nd Schedule – Provisions as to the President & Governor.
3. 3rd Schedule – Oaths
4. 4th Schedule – Allocation of seats in Rajya Sahba.
5. 5th Schedule – Administration of special areas and streams.
6. 6th Schedule – Administration of Trible areas.
7. 7th Schedule – Contains all three States.
8. 8th Schedule – Contains recognized languages.
9. 9th Schedule – Non-Justifiable laws.
10. 10th Schedule – Anti-defection law.
11. 11th Schedule – Panchayti Raj Bill
12. 12th Schedule – Nagar Palika Bill.

Q. Write a short note on the collective responsibility of the Cabinet.

Ans. Collective responsibility means that the council of Ministers as a body is responsible to Lok Sabha for general conduct of the Government. The Council of Ministers functions as a team and the decisions taken in the Cabinet are joint decisions. Once a decision has been taken in the Cabinet all Ministers are to abide by the decision. If they don to agree they should resign. In short the Council of Ministers sinks and sales together and they can continue only at the pleasure of Lok Sabha.

Q. What do you understand by equality before Law?

Ans. Article 14 says that State shall not deny to any person equality before Law or equal protection of Law. The right is available to citizens and non-citizens.

Equality before law means among the equals the law should be administered equal i.e., like should be treated like. Right from the PM to the peon all are equal in the eyes of law based on ‘DAISEY’S COMMON LAW’. It is the absence of discrimination. It means that no man is above law.

There are exceptions to equality before law as provided in the Constitution itself.

1. The President or Governor shall not be answerable to any court of law for exercising of their functions or for any act done.

2. No criminal proceedings can be instituted or continued in any court of law during the term of the office in respect of President or Governor.

3. No civil proceedings shall be instituted against the President or Governor during his term of office in respect of any act done whether before or after entry into the office until the expiry of 2 months notice.

Q. How the discrimination has been banned by the Constitution? Are there any exceptions to this?

Ans. Article 15 prohibits discrimination on the ground of Religion, Race, Caster, Sex or Place of Birth (RRCSP)

No citizen shall on the ground of RRCSP be subjected to any disability, restriction to shop restaurants and the public places mentioned wholly or partly out of State funds.

However, the State can make special provisions for women or children special provision for women can be made because of their physical structure and performance of maternal functions. Similarly nothing in this Article shall prevent the State for making any special provisions for the advancement of socially and educationally backward classes or for the SCs or STs.

Q. What do you understand by equality of opportunity.

Ans. Article 16 says there shall be equality of opportunity in public employment of employment to any office under the State for all citizens. No citizen shall be discriminated for any office under the State on the ground of RRCSP. The Fundamental Right has 4 exceptions.

1 .Nothing shall prevent Parliament from making any law prescribing any residence within the State or UT as a pre condition to such employment.

2 Nothing prevents the State from making any provision for reservation of post in favour of backward classes which have not been adequately represented in services.

3 The State can make special provision to rescue the officers connected with relation or denomination belonging to the member of that relation.

4 Nothing shall prevent the State for making any provision ofr reservation in the matter of promotion to any class or classes of posts in favour of SCs and STs.

Important & interesting facts

1. Only Article 1 and Article 370 are imposed on J&K.
2. Name of the states are given in Schedule 1 of the Constitution.
3. There are 28 States and 7 UTs in India.
4. Jammu & Kashmir has two capitals.
5. Now Himachal Pradesh has also become a State with two capitals.
6. There should be minimum 40 Members in Legislative Assembly.
7. Non violence word is not mentioned in Preamble of the Constitution.
8. No money bill can be introduced without the consent of President.
9. A speaker certifies whether a bill is money bill or not.
10. Speaker appoints chairman of Public Accounts Committee.
11. Sare Jahan se acha is written by Mohd. Iqbal.
12. Jana Gan Maan is written by Rabinder Nath Tagor.
13. Jan Gan Maan is sung in 52 secs.
14. Jan Gan maan has 5 stanzas.
15. Jan Gan Maan was first published in Tatva Bodhni Patrika.
16. Jan Gan Maan was first sung as a national song by INC in 1911.
17. Indian National Calendar is taken from Saka Era.
18. Indian National Calendar 1st month is Chait.
19. Right to property is a legal right – Article 300-A
20. Planning Commission is an Advisory Body.
21. Chief Justice of High Court administer oath to Governor.
22. India became member of UNO in 1945.
23. In Golak Nath Case Supreme Court hold that Fundamental Rights cannot be amended even for the implementation of Directive Principals.
24. A candidate can contest election of President only if supported by 50 members of electoral college.
25. Number of principal organs of UN is 6
26. Cabinet Mission Plan was headed by Lord Patrick Lawrence.
27. Principles of Self Government – Lord Curzon.
28. Parliament can promulgate ordinance during recess of Parliament on the advice of Council of Minister.
29. Suspension of FRs during Emergency is taken from Germany.
30. Theory of economic drain of India during British imperialism was propounded by Dadabhai Naroji.

31. Who was the Governor General when INC was formed – Lord Dufferin.
32. Strength of Legislative Council is 1/3rd of the strength of Legislative Assembly but not less than 40.

33. Project Tiger was launched in 1973.
34. Right to Constitutional Remedies is described as sole of the Constitution by Dr. B.R. Ambedkar.

35. Preamble amended for the 1st time by 42nd Amendment Act.
36. Election Commission is an autonomous body.
37. UNO members at present – 191.
38. Latest member of UNO – East Timur.
39. Strength of Security Council – 15 (5 permanent)
40. Fundamental Duties are added by 42nd Amendment.
41. Fundamental Duties are dealt with in Article 51A.
42. Communist manifesto given by Karl Marks in 1848.
43. Haryana and Punjab has a common Governor.
44. Our territorial army was raised in 1949.
45. After the elections held for the 1st time under GOI Act 1935 Congress formed Ministries in 7 provinces out of 9.
46. UN Charter was finalized on 24th Oct. 1945 at San Francisco.
47. Eratosthenes first of all measured distance round the Earth.
48. Salary and allowances of judges of SC is mentioned in 2nd Schedule of the Constitution.
49. Pandit Ravi Shankar was given honorary US citizenship.
50. National Emergency declared since independence – 3 times.
51. Salary of a Governor is charged to consolidated fund of State.
52. Judges of Supreme Court can resign by writing to President.
53. West Bengal has no Legislative Council.
54. Quorum is formed by at least 10% members.
55. Voting age reduced from 21 to 18 by 61st amendment
56. Panchayat elections are responsibility of State Government.
57. Personal Liberty is guaranteed by Article 30.
58. Article 45 relates to free and compulsory education to all children up to the age of 14.
59. Father of local self Government in India – Lord Rippon.
60. Largest number of Lok Sabha members – UP, Bihar, Maharastra.
61. Agriculture is in Concurrent list.
62. Panchayti Raj – 1959 adopted by Rajasthan & AP.
63. Integration of princely states – 1948.
64. In integration of princely States Hyderabad, Junagadh & J&K refused to join India.
65. Reorganisation of States on linguistic basis – 1956.
66. Office of Governor General was created by Charter Act 1833.
67. Languages added into 8th Schedule of constitution by 71st amendment are Konkani, Manipuri and Nepali.
68. J&K adopted separate constitution on 26th January 1957.
69. Judicial review refers to power of Supreme Court to intervene in Centre State relations

Economics – Terms and Meanings

1. Balance of Trade – It is the relationship between a country for import of goods and its receipt from export.

2. AID India Consortium – A group of countries of North America and Western Europe, IBRD and IDA that extend aid to India collectively.

3. Balance of payment – A statement of the debit and credit actions of a country with foreign countries and international institutions.

4. Bank rate – The rate of interest at which RBI lends to its commercial banks.

5. Basket of currency system – In this system the exchange value of country’s currency is fixed taking into account the prevailing parity values of some major international units of currency. It is applied to Indian rupees since 1975. The Indian basket includes US$, Yen, Pound, French Frank and German Deuchmark.

6. Black Economy – underground economic activities which are not declared for taxation purpose. It is different from Black market which is illicit trade in goods.

7. Closed Economy – an economic system with little or no external trade. Opposite to an open economy.

8. Debentures – Fixed interest securities issued by limited companies in return for long term loans.

9. Deficit Financing – A planned excess of expenditure over income. It was advocated by Mr. Keens to increase employment.

10. Devaluation – The reduction of the official rate at which one currency is exchanged for another.

11. Free market economy – An economic system in which allocation of resources is determined by supply and demand in free markets though in practice there are some limitations on market freedom in all countries.

12. Gross Domestic Product (GDP) – A measure of the total flow of goods and services produced by the economy of a country over a specified time period normally a year. It is obtained by valuing outputs of goods and services at market price and then aggregating.

13. GNP – GDP + the income accruing to domestic residents arising from investment abroad minus (-) income earned in domestic market accruing to foreigners abroad.

14. Inflation – persistent increase in the general level of prices. It can be seen as a devaluing of the worth of money.

15. Bias market – A market dominated by buyers. It is the situation in which supply is abundant but buyers are few in number.

16. Capital Market – Market for long term loans. This is opposite of money market.

17. Money Market – The financial institutions which deals in short term loans, securities, gold and foreign exchange.

18. Sellers Market – A market dominated by sellers. The price dictated by sellers because of too much demand and inadequate supply.

19. Monopoly – A market in which there is only one supplier. Three features characterize the market (i) the firm in its motivated by profits. (ii) it stand alone and barriers prevent new firms from entering the industry and (iii) the actions of the monopolist itself affects the market price of its output.

20. Multinational Cooperation – A company or more correctly an enterprise operating in a number of countries and having price or service facilities outside the country of its origin. (25% of the world output is outside the country of the origin).

21. Direct taxes – are taxes on income as distinct from taxes levied on goods and services. Since many direct taxes act as a dis-inducement to work and saving they may have affect on the volume of production. Main direct taxes are income tax, corporation tax, estate duty, gift tax, wealth tax, etc.

22. Indirect taxes – Are taxes on goods and services. Main indirect taxes are customs duty, excise duty (biggest source of revenue).

23. NNP – It is the money value of the total value of production. (GNP) after allowance has been made for depreciation. The term is used in calculation of national income.

24. The Indian Economy has been described as an under developed but developing economy. India has been partial utilization of its man power and natural resources.

25. Daba Bhai Naroji explained the drain of wealth from India to England in his book ‘poverty and un-British rule in India’.

26. After independence India adopted the mixed economy i.e., co-existence of both public and private sectors.

27. The new economic reforms started in 1991 seek to liberalised the economy, make it globally competitive and integrated with world economy on a footing of equality.

28. Employment is defined as an activity under taken for gaining income in cash or kind.

29. Structural unemployment is a chronicle problem of not only Indian economy but also typically to other developing economies because productive capacity is inadequate to create sufficient number of jobs for all those who are able and willing to work.

30. Cyclic unemployment is caused by the depression in business cycle. It is typical to developed economies.

31. Frictional unemployment is caused when new industries drive out old ones and workers change to better jobs. The temporary phase in which workers remain voluntary unemployed is known as frictional unemployment.

32. Disguised unemployment refers to a situation where people seem t be employed enough though there is not enough work. This type of hidden unemployment is of perennial nature.

33. Seasonal unemployment is generally found in agricultural sector where people sit idle for some months in a year.

34. Open unemployment is a situation where people have no work to do even though they are willing to work. This mostly includes educated unemployed and migrants from rural to urban areas in search of jobs.

35. Underemployment is similar to disguised unemployment and results when a person is producing less than what he is capable of eg. A science post graduate working as a clerk.

36. Among the major causes of unemployment in India are (i) slow economic growth (ii) rapid population growth (iii) use of out dated technology (iv) less developed education system and inadequate employment planning.

37. National income may be defined as the money value of all goods and services produced by a country during an accounting year. In India the accounting year is 1st April to 31st March.

38. Per capita income is derived by diving the total National Income by total population.

39. Gross National Product is the total measure of flow of gods and services at market values resulting from projection during a current year and new income from abroad.

40. Net National Production is GNP – Depreciation.

41. Inflation is defined as a rise in general or average price level of goods and services as a result of which the value of money i.e., the purchasing power declines.

42. Inflation is measured at the wholesale level by wholesale price index and at the retail prices by consumer price index.

43. Causes of inflation
Factors on demand side
i. Increase in Government expenditure especially non-development expenditure.
ii. Deficit Financing
iii. Rapid growth of population.
iv. Increasing income levels.

Factors on supply side
i. Inadequate agricultural growth.
ii. Inadequate industrial growth
iii. Hoarding of essential commodities and speculative activities.
iv. High priced imports

Consequences of Inflation.
i. Mal-distribution of income.
ii. Low level of saving.
iii. Unbalanced inter-sectoral distribution.
iv. Adverse balance of payment.