Indian Polity

 Constitutional advisor to Constituent Assembly of India is - Dr. B.N. Rao 

Constitution Assembly 

----------------------------

* Set up in ( 6 December 1946 ) under cabinet mission plan 1946 

Constitution Assembly work is to framed constitution 

1st constituent assembly meeting in ( 9 December 1946 )

1st temporary chairman of Constituent Assembly is - Sachidananda Sinha 

Dr. Rajendra Prasad was elected as the permanent President of the Constituent Assembly of India on (December 11, 1946. )

B.R. Ambedkar - Father of Indian Constitution

 Indian constitution prepare time required - 2years 11months 18 days 

Chairman of Drafting committee is - B. R. Ambedkar 

Drafting Committee 

-------------------------

* Set up in ( 29 August 1947 ) by Constituent Assembly 

Work of Drafting Committee is to draft Indian Constitution 

* 7 members committee 

* Head of Drafting Committee is ( B.R. Ambedkar )

* Constitution adopted ( 26 November 1949 )

* Constitution came into force / effect is (26 January 1950 )

26 January - Republic Day 

B.R Ambedkar speak about( Article 32) is - The heart and soul of constitution 

The design of the National flag was adopted by the Constituent Assembly of India in

( 22 July 1947 )

National Flag design by ( Pingali Venkeyya)

•) India's National Anthem ( Jana Gana Mana) adopted in ( 24 January 1950)

Jana Gana Mana -1st sung on ( 27 December 1911 ) in kolkata INC session 

( Jana Gana Mana) Song sing for (52 second )

Jana Gana Mana composed by (Rabindra Nath Tagore) 

•) India's National Song (Vande Mataram)

Adopted on (24 January 1950 )

Written by (Bamkin Chandra Chattargi ) in Sanskrit language 

B. R. Ambedkar (Bhim Rao Ambedkar) 

--------------------

* he also called as Modern Manu

* He is India's 1st law minister (1947 - 1951)

* Chairman of Drafting Committee 

* He belongs to (Mahar)  community 

* His crematorium place (samadhi sthala) at Mumbai and called as ( Chaitya Bhoomi )

His books - The Untouchable, Thoughts of Pakistan 

He won Bharat Ratna at (1990)

* He join 3round table conference 

Constituent Assembly 

----------------------------

Total members - 389

* 292 members selected from representative Provinces

*93 from princely state 

*4 Chief commissioner 

Union power committee Head - Jawaharlal Nehru 

Union Constitution Head - Jawaharlal Nehru 

Union state committee head -Jawaharlal Nehru

Steering Committee head - Rajendra Prasad 

Liberty, Equality, Fraternity was derived from French Revolution 

We borrow from (America US constitution) are - Fundamental Right ,Impeachment President (how to remove president if doing wrong), Post of Vice President, Judicial Review ,Removal of High court, Supreme Court and Judges 

We borrow (Concurrent List )from (Australian Constitution) 

We borrow (Directive Principle) From (Irish Constitution) 

Nomenclature of India according to Preamble is - Sovereign, Socialist, Secular, Democratic Republic 

We add ( Socialist and Secular) Later in Preamble  by( 42 Amendment Act 1976)

Any dispute regarding fundamental rights can be presented either in (Supreme Court or High Court )

Indian constitution has( 25 Parts, 12 Schedule and 470 article) 

Fundamental Rights 

--------------------------

* It is Justiciable

fundamental rights on Part 3 (Article 12 - 35)

fundamental rights described as (Magna Carta of India) 

6 Fundamental rights are -

* Right to equality (Article 14 -18 )

* Right to freedom (Article 19 -22)

*Right against Exploitation (Article 22 -24)

* Right to freedom of religion (Article 25 -28)

*Cultural and Educational right (Article 29-30)

* Right to constitutional remedi (Article 32)

Article 31 of the Indian Constitution was repealed and replaced by the 44th Constitutional Amendment Act in 1978. The original Article 31 dealt with the right to property, but it was repealed and replaced by Article 300A.

Article 17 - Untouchability abolish and it's practice is a punishable 

Book - Untouchable written by (Mulk Raj Anand) 

(Article 32 )Right to constitutional Remedies is heart and soul of Indian Constitution said by B. R.  Ambedkar 

Fundamental duty of every citizen is to - respect national flag and Anthem 

Fundamental Duty 

-----------------------

Originally 10 but increase by 1 and now became 11 

+1 (86th Amendment 2002)

fundamental duty deal with under Part 4 A

fundamental duty borrow from - USSR / Russia 

DPSP (Directive Principle of state policy) borrow from - Irish Constitution/ Ireland 

DPSP is non justiciable 

Human Rights + Fundamental Rights is (Right to Education) Article 21 A guarantee free and compulsory education to all children between  6 to 14 years 

DPSP( Directive Principle of state policy) mention in part 4 Article (36 to 51)

9th schedule add to 1st Amendment act 1951and PM at that time (Jawaharlal Nehru) 

Total 12 schedule 

Trick to remember schedule 

TEARS OF OLD PM 

1st - Territories 

2nd -Emolument (salary) 

3 - Afformation 

4- Rajya Sabha 

5 - Schedule Area 

6 - Other schedule Area 

7- Federal Structure 

8 - Official Language 

9 - Land reform 

10 - Defection

11 -Panchayat 

12 - Municipality 

(8th schedule - Official language ) include 22 language and that are -

Bengal, Assamis, Kashmir, gujrathi,Hindi,marathi,kannayada,Malayalam,

Punjabi, odia, Sanskrit,Tamil,Telugu,Sindhi,Konkoni,Nepali,Manipur,Bodo,Dogri,santhali,Maithli

Article 343 prescribe Hindi in Devanagri Script as official language of union 

National Emergency (Article 352)

State Emergency (Article 356)

Financial crises Emergency (Article 360)

Financial crises Emergency declare by president in India - (Not even Once) 

State Emergency 356/ Constitutional Emergency / President's rule impose for period of (6 months) 

During National Emergency - Article 20 and 21 cannot be suspended bcoz 

Article 20-Protection against Conviction for Offence 

Article 21 - Protection of life , Personal Liberty 

National Emergency till date 3 times declare 

In (1962,1971,1975)

1962 PM prime minister - Jawaharlal Nehru 

National Emergency due to (India and China War) 

1971 PM prime minister - Indira Gandhi National Emergency due to (India and Pakistan war) 

1975 President - Fakruddhin Ali Ahmed 

Chief Justice of India administers the Oath of office to the President 

If Chief Justice of India not available during Oath taking then Senior most judge of Supreme Court take Oath to president 

President - Dropadi Murmu 15th president 

Prime Minister - Narendra Damodar Modi 

Vice president -Shri C. P. Radhakrishnan 

Present Chief Justice of India - Justice Surya Kant (53rd chief justice )

President give Oath to - PM, Speaker of Lok sabha ,Vice President 

Prime Minister 

-------------------

Minimum age requirement to become PM is 25 years 

PM /prime minister - real executive authority 

PM is defacto executive 

Minimum age requirement to become president is 35 years 

Minimum age requirement to become vice president is 35 years 

President - Nominal executive authority 

President is Dejure executive 

Minimum age requirement for speaker of Lok sabha is 25 years 

Neelam Sanjiva Reddy (1977 -1982) was the only president of India who was elected Unopposed 

When president and vice president not available (Chief Justice of India) act as the president of India 

M. Hidayatullah ( 11th chief justice of India) 

Has acted as president of India 

His acting period as a President is - (20 July 1969 to 24 August 1969)

Minimum 35 years require for president, vice president and Governor 

Minimum 25 years require for PM (prime minister), lok Sabha member, Vidhan sabha member, MLA, Chief Minister 

Minimum age 30 years require for Rajya sabha members, Vidhan Pareesad Member, 

Chief justice of India - no minimum age 

Aterney general of India - no minimum age 

CAG control auditor general - no minimum age 

President appoint - Prime Minister, Governor, High court judge 

Rajya sabha chairman become ex Offico chairman of Rajya Sabha 

Case can directly file in Supreme Court are -

* Disputes between two or more state 

* Case against encroachment on fundamental  Rights 

We can't directly file a case in Supreme Court is -

* If one's property is forcefully occupied by other 

Salaries of Supreme Court judge are drawn from - Consolidated Fund (Article 266)

Universal Adult Franchise implies a right to vote to all adult citizen irrespective of gender, caste and religion 

The prime minister generally a member of the Lok Sabha and leader of majority party 

When Governor of the state dies in office (Chief justice of the state highcourt) takes as a acting Governor 

Longest Tenure President of India is - Dr. Rajendra Prasad (1950 -1962)

1st minister of food and agriculture is Dr. Rajendra Prasad 

Youngest tribal women president - Dropadi Murmu 

Youngest President - N Sanjeeva Reddy 

Shortest Tenure President - Chaudary Charan Singh and he never face parliament 

Act for (170 days) (28 July 1979 - 14 jan 1980)

Article 370 covered Jammu and Kashmir 

The IAS and the IPS has been created by the parliament 

The legal advisor to state government is known as - (Advocate General )

Current Odisha Advocate General -  Pitambar Acharya is the current Advocate General of Odisha, appointed on July 19, 2024, by the state government. He replaced Ashok Parija

Legal advisor to central government is known as -( Attorney General )

Attorney General appointed by President 

Advocate General appointed by Governor of the state as per (Article 165)

Current Attorney General -R. Venkataramani

State legislative assembly can remove CM /Chief Minister from his office 

The Preamble of the Indian Constitution has been amended once in (18 December 1976) under 42 Constitutional amendment act 

Added 2 word ( Socialist and Secular )

Unity and Integrity were changed to - Unity and Integrity of the Nation 

Person appointed by President are -

Attorney General for India, Judges of Supreme Court, Judges of High Courts etc. 

1st Governor of Odisha -Sir John Austen Hubback 

Current Governor of Odisha -Dr. Kambhampati Hari Babu 27th governor 

3 Tier Panchayati Raj system in India was Proposed by - Balwarrt Rai Mahtab Committee in 1957

3 Tier 

1) Gram Panchayat (Village Level) 

2) Panchayat Samiti (Block Level) 

3) Zilla Parisad (District Level) 

Father of Panchayat Raj in India is (Balwarrt Rai Mahtab Committee)

2tier system Ashok Mehta Committee establish in 1977

National Panchayat day celebrated on - April 24

Seventh schedule include - Union list, state list ,concurent list 

Union list -- Now 100 subject (Originally 97)

Ex - Defence, Railway, Highway, census, income tax, Post office 

State list ---Now 61subject (originally 66)

Ex - Police, Public Health, Agriculture, Fisherish 

Concurrent List - Now 52 Subject (Originally 47)

Ex - Education, forest, marriage and Divorced

 Population control, family planning,Protection of wild animals 

Concurrent list borrow from Australian Constitution 

Union and state list borrow from Canadian Constitution 

Article 21 A - Right to Education 

Article 267 - Contigency fund / Emergency fund of Nation 

Article 266- Consolidated Fund 

97th constitutional Amendment act added a new Directive Principle regarding Cooperative Society to Indian constitution in 2011

73rd  Constitutional Amendment act 1992 provide reservation seat for women in panchayat 

Schedule 11 for panchayat 

Schedule 12 for municipalities 

(Article 16) guarantee equality of opportunity in matter of (Public Employment) 

Equal justice and free legal aid to the poor are mentioned in Article 39A

Article 61 - Impeachment of the President 

101 constitutional amendment act 2016 - GST introduced 

GST - Goods and services tax (it is indirect tax) 

Basis rate of GST - 5% , 12% , 18%, 28%

Fundamental Rights (Article from 12 - 35 )Part 3rd

Article (36 - 51 )Part 4 -DPSP 

Article (5 - 11) Part 2 - Citizenship 

Article (1 - 4 ) Part 1 - The Union and its Territory

Fundamental Rights (Article 12 -35) Part 3

* Right to Equality (Article 14 - 18)

Article 14 - Equality before Law 

Article 15 - Prohibition of Discrimination on ground of religion, sex, gender, birth etc 

Article 16 - All citizens are equal and get equal opportunity for employment 

Article 17 - Abolition of untouchability

Article 18 - Abolition of Title 

* Right to Freedom (Article 19 -22)

* Right against Exploitation (Article 23 -24)

* Right to freedom of Religion (Article25 -28 )

* Cultural and Educational Rights( Article 29 -30)

* Rights to Constitutional Remedies(Article 32)

Article 11 - part 2 Citizenship 

Article 17- abolition of untouchability

Article 19-Right to freedom of speech 

Article 21 - Protection of life and Personal Liberty 

86th Amendment 2002 right to elementary education in (Article 21A) 

Article 20 - Protection in respect of Convictions for offences 

Article 22 -Protrction against arrest and detention in certain cases 

Article 23 - Prohibition of traffic in human beings and forced labour 

Article 24- Prohibition of employment of children (under age of 14)in factories and mines 

Article 26 - Freedom to manage religious affairs 

Article (25,26,27,28) Right to freedom of Religion 

Article 29- Protection of Interest of Minorities  

Article 30 - Right of Minorities to establish and administer educational institution 

Article 32- Remedies for enforcement of Fundamental Rights (Part 3)

5 Writs as per Article 32 are -

* Habeas Corpus 

* Mandamas 

* Prohibition 

* Certirory

* Quo Warranto 

Article 45 (DPSP)Part 4 - Provide free and compulsory education for children 

Article 44- Uniform Civil Code (available in Goa in 2018)

Article 45- provision for free and compulsory education to children 

Article 46- Promotion of educational and economic Interest of SC, ST OBC 

Article 47- Duty of the state to raise the level 

of nutrition and standard of living and to improve public health 

Article 40 - Provide for Village Panchayat 

Article 48- Organisation of agriculture and animal husbandry 

Article 49 - Protection of monument and places and object of natural importance 

Article 50- Separation of judiciary from the executive

Article 51 - Promotion of International peace and security 

President Article -

---------------------

Article 52 - The president of India 

Article 54 - Election of president 

Article 61 - Impeachment of president 

Article 72 - Pardoning power of president

Article 74 - Council of minister to aid and advice the president 

Article 123 - power of president to promulgated ordinance 

Article 143 - power of president to consult supremecourt 

-------------------

Article 124- Establishment and Constitution of Supreme Court 

Governor of state 

--------------------

Article 153 - Governor of the state 

Article 155- Appointment of Governor 

Article 161 - power of governor to grant pardon and other 

Article 163 - Council of minister to aid and advise governor 

Article 213 - Power of Governor to promulgated ordinance 

--------------------

Article 148 ,Article 149 (mentioned in part 5)

Article 148 - Comptroller and auditor general of India 

Article 149 -Comptroller and auditor general of India duty and his power 

Article 63 - Vice president of India 

Article 76 - Attorney General of India 

Article 148 - Comptroller and auditor general of India (CAG) 

Article 110 - Definition of money bill 

Article 112 - Annual financial budget 

Article 226 - High court to issue Writs

Article related to Emergency 

Article 352 - Proclamation of Emergency (National Emergency) 1962,1971,1975

Article 356 - State Emergency (President's rule) 

Article 360 - Financial Emergency

Article 338 - National Commission for the SC 

Article 338A -National Commission for the ST 

Article 338B -National Commission for the OBC 

Article 340 - Appointment of a commission to investigate the condition of backward classes

Article 368 - Power of parliament to amendment the constitution 

Article 93 - Mention Lok sabha must have a Speaker and a Deputy Speaker 

Article 50 - Direct State to take step to separate the judiciary from the executive in public service of the state 

Article 280 - Finance Commission 

Article 21 (Right to Life and Personal Liberty ) 

cannot be suspended even during an emergency 

Article 368 provide procedure for amendment

of the constitution 

Article 12-35 (Fundamental Rights) 

Article 36-50 (DPSP) Directive Principle of 

State Policy 

Article 51A - Fundamental Duties 

Article 52-The President of India 

Article 80-Number of seats in Rajya Sabha 

Article 81 - Number of seats in Lok Sabha 

Article 83- Duration of the house of the parliament 

Article 108 - Lok sabha + Rajya Sabha joint sitting 

Article 110 - Defination of Money bill 

Article 112 - Annual financial Budget 

Article 280- Finance Commission 

Article 300A - Right to Property 

Article 327 - Election Commission of India 

Constitution and Source 

---------------------------

 We borrow from Britain -

* Parliamentary Government 

* Rule of Law 

* Legislative Power 

* Single Citizenship 

* Cabinet System and Parliamentary previlage 

* Bicameral system 

*Perogative Writs 

We borrow from US 

------------------------

* Preamble 

*Fundamental Rights 

* Independence of Judiciary 

* Judiciary Review 

* Impeachment of the President 

* Removal of Supreme Court and High Court Judges 

* Post of Vice President 

We borrow from Irish/Ireland

--------------------------------

* DPSP directive principle of state policy (part 4)

* Nomination of member of Rajya Sabha 

* Method of Election of President 

We borrow from Canada 

-----------------------------

* Federal with strong centre

* Central Residuary Power 

* Appointment of State Governor 

We borrow from Australia 

--------------------------------

* Concurrent List 

* Freedom of Trade 

* Joint sitting of Parliament (Lok + Rajya sabha) 

Indian govt act 1935

--------------------------

* Federal System 

*Power of Judiciary 

*Emergency Provision 

We borrow from Germany 

-------------------------------

* Suspension of fundamental Rights during emergency 

We borrow from Russia (Russia earlier called as (Soviet Union USSR) 

-----------------------------

* Fundamental Duties -respect symbols, follow ideals, Protect Sovereignty,Defend Nation, Promote Harmony, Preserve Culture, Protect environment, Develop Temper, Safeguard Property, Strive for Excellence,Provide Education 

* Planning Commission

* Ideal of justice in Preamble 

We borrow from South Africa 

-----------------------------------

* Amendment procedure of Constitution 

1st amendment add in 1951 where added 9th schedule 

* Election of member of Rajya Sabha 

We borrow from France 

----------------------------

* Republic 

*Ideal of equality, liberty, Fraternity of Preamble 

We borrow from Japan 

-----------------------------

* Procedure establish by law 

Retirement years

---------------------

* 62 Years - Judges of High Court 

*65 years - Judges of Supreme Court ,CVC central vigilance Commissioner 

*6/65 years - Election Commiasion

*6/65 years - UPSC Chairman 

*6/65 years - CAG 

Constitutional Development of India 

-----------------------------------------

* Constitution adopted and enacted on -26 

Constitutional Development of India 

-----------------------------------------

* Constitution adopted and enacted on -26 november 1949

* Constitution came into force -( 26 january 1950)

Ashokan Pillar adopted in the form of National Emblem of India -(26 January 1950)

Preamble was accepted on - 22 January 1947

National Flag adopted on - 22 July 1947

National Song (Vante Mataram) adopted on - 24 January 1950

Dr. Rajendra Prasad elected as first president of India on 24 January 1950

National Anthem (Jana Gana Mana) adopted on - 24 January 1950

Constitution Assembly of India held in ( 9 December 1946 (New Delhi) 

Sovereign, Socialist,Secular,Democratic ,Republic 

Making of Constitution of India -2 Years 11months 18 days  

101 amendment act 2016 - GST was introduced 

GST came into force (1july 2017)

102 amendment act 2018 - (2 Article introduced) 

* 338B NCBC (National commissions for backward classes) - Constitutional status was granted 

* 342A OBC (other backward classes list maintain by president and central government) 

103 amendment act 2019 - Reservation for Economically Weaker Section (EWS)  in central government ,private educational institution and central government job 

104 amendment act 2019 - 

*Extension of reservation for SC and ST in Lok Sabha and State Legislative Assembly for 10years (Till 25 January 2030 )

Article 334 - Abolished the reservation for Anglo Indian in Lok Sabha 

105 Amendment act / OBC act (15 August 2021)

* Amends provision added by 102 amendment 

Originally constitution had ( 22 Part and 395 Article) 

Now constitution has 25 Parts and 448 Article 

Part 20 of the constitution deals with the amendment to the constitution and it's procedure 

We borrow from South Africa 

------------------------------------

Procedure for amendment of the constitution 

86th amendment 2002 provide for right to education 

Article 21A - free and compulsory education to all children between age (6 to 14 years) 

Parliament = President + Lok sabha + Rajya Sabha 

The Parliament of the India has authority to amend the Indian Constitution 

10th Schedule -( Anti Defection Law) added in  52 amendment act 

Basic structure of doctrine follow in (Kasavananda Bharati V. State of Kerala ) Which limits amending power of Indian constitution 

99 amendment act established the (NJAC) National Judicial Appointment Commissions for the appointment of judges 

Any member of the Parliament can initiate the process of amending the Indian Constitution 

Constitutional amendment bill can be introduced in (Either Lok Sabha or Rajya Sabha) house of the parliament 

Part of amendment process -

* Introduction of the bill 

* Presidential assent

* State ratification

Not a part of amendment process -

* Public referendum

1st amendment 1951- added in 9th schedule 

9th schedule - Land Reform 

7th amendment 1956 - Reorganization of the state on the basis of Linguistics (Language) 

21 amendment 1967 - Sindhi language was added in 8th schedule 

8th schedule - Official Language 

42 amendment 1976 - Mini constitution

Added the word - Socialist, Secular ,Integrity In the preamble 

Transfer from state list to concurrent /State + Center 

* Education, Forest, Weight and Measure, Protection of wild animals and birds, Administration of justice

Fundamental duties add 10 by the committee recommendation (Swaran Singh Committee) 

44 amendment act 1978 - Right to Property 

Change from Article 31 to 300A as legal right

52 amendment act 1985 - Anti Defection law-10 that schedule added 

61 Amendment act 1989 - Age limit of voting reduced from 21 to 18

71 amendment act 1992 - Konkani ,Manipuri and Nepali language were added 

73 amendment act 1992 Panchayatc-(IXpart)

Schedule 11 (29 function) 

 74 amendment act 1993 Municipalities- (IXA part )Schedule 12 (18 function) 

86 amendment 2002 -Right to education under Article 21A

92 Amendment act 2003 - Bodo, Dogri, 

Maithili and Santhali language added  then official language increased from (18 to 22 onwards )