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The six states in the northeast, namely Nagaland, Assam, Manipur, Sikkim, Mizoram and Arunachal Pradesh enjoy special provisions under Article 371.
Article 371B in the Constitution Of India 1949, added by the 22nd Constitutional Amendment Act of 1969, is with regards to the special provision with respect to Assam. Under this Article, the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of members elected from the Tribal Areas of the state and such other members as he may specify.
The Article 371B: State of Assam Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.
The Constituent Assembly of India sat for the first time on December 9, 1946, deciding on its national flag, national insignia, national anthem; and ultimately adoption of the Constitution which made our country a democratic republic.
Important Features of Indian Constituent Assembly
The Constituent Assembly of India came into existence as per the provisions of Cabinet Mission Plan of May 1946, to formulate the Constitution of India for facilitating appropriate transfer of sovereign power from British authorities to Indian hands.
The Assembly was to have proportional representation from existing provincial legislatures and from various princely states.
The Assembly was to have three sections: Punjab & North-West, Bengal-Assam and Rest of India. The Constitutions were to be formulated for Indian Union, each Section and for each of the Provinces therein. The Muslim League won most of the 80 Muslim seats and dominated two smaller Sections, chose not to participate so the Assembly never convened separately in sections.
The Constituent Assembly held 12 sessions, or rounds of sittings:
December 9-23, 1946,
January 20- 25, 1947,
April 28- May 2, 1947,
July 14- 31, 1947,
August 14- 30, 1947,
January 27, 1948,
November 4, 1948-January 8, 1949,
May 16- June 16, 1949,
July 30-September 18, 1949,
October 6-17, 1949,
November 4-26, 1949,
January 24, 1950.
Biggest change in membership was caused by the declaration of Partition of India. Certain members like Dr. Ambedkar, who were elected from territories assigned to Dominion of Pakistan, lost their seats. After initial disinterest, the princely states started negotiating with a committee of the Assembly for their representation. Over a period, hundreds of princely states were grouped into larger associations and provisions were made for them to elect their representatives to the Assembly. Hyderabad did not send any representative till the end. Maximum membership towards the end of tenure of Assembly was 307.
Some of the important Organisational Committees are
Rules of Procedure Committee (appointed on December 11, 1946. 15 members, Chairperson- Rajendra Prasad, ex-officio. Worked till 20 Dec. 1946)
Steering Committee (appointed on January 21, 1947. 19 members, Chairperson- Rajendra Prasad, ex-officio)
Staff and Finance Committee (appointed on December 23, 1946. 11 members, Chairperson- Rajendra Prasad, ex-officio)
Credentials Committee (appointed on December 23, 1946. 5 members, Chairperson- A.K. Ayyar.
Order of Business Committee (appointed on January 25, 1947. 3 members, Chairperson- K.M. Munshi)
States (Negotiating) Committee (appointed on December 21, 1946. 6 members, Chairperson- J.L. Nehru)
Flag Committee (appointed on June 23, 1947. 12 members, Chairperson- Rajendra Prasad, ex-officio)
Committee on Functions of Constituent Assembly, under the Indian Independence Act (appointed on August 20, 1947. 7 members, Chairperson- G.V. Mavlankar)
Principal Committees and their sub-committees
Advisory Committee on Fundamental Rights, Minorities, Tribal Areas and Excluded Areas (appointed on 24 Jan. 1947. 57 members, Chairperson- Sardar Patel)
Union Powers Committee (appointed on 25 Jan, 1947. 12 members, Chairperson- J.L. Nehru)
Union Constitution Committee (appointed on 4 May. 1947. 12 members, Chairperson- J.L. Nehru)
Drafting Committee (appointed on 29 Aug. 1947. 8 members, Chairperson- Dr. Ambedkar)
Other Sectoral Committees
Ad-hoc Committee on Citizenship (appointed on 30 April, 1947. 7 members, Chairperson- S. Varadachariar)
Committee on Chief Commissioner’s Provinces (appointed on 31 July, 1947. 7 members, Chairperson- N. Gopalaswami Ayyangar)
Experts Committee on Financial Provisions of Constitution (appointed in Nov. 1947. 3 members, Chairperson- N.R. Sarkar)
Sub-Committee on Minority safeguards for West Bengal and East Punjab (appointed on 24 Feb. 1948. 5 members, Chairperson- Sardar Patel)
Rajendra Prasad was the elected President of Constituent Assembly while VT Krishnamachari and HC Mookerji served as Vice-Presidents.
HVR Iyengar was the secretary general of the Assembly, and SN Mukherji was the Chief Draftsman.
After authentication of copies of the Constitution, the Constituent Assembly got naturally dissolved with its Chairperson having been elected the President of India.
The Assembly continued functioning as provisional Parliament of India till first general elections were held. The first amendment to the Constitution of India was made by this provisional Parliament in the summer of 1951.
B N Rau was appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the Constituent Assembly Secretariat sometime in late July 1946. He had retired from civil service in January 1944 but remained active. He offered his honorary services to the Viceroy, which was accepted most probably due to his stint in Reforms Office soon after the enactment of Govt. of India Act, 1935.
2. Preparation of Memorandum by the Advisor based on responses; Submission of notes by certain members (February-November 1947)
Based on responses to his briefs and questionnaire, Rau prepared his Memorandum which included blueprints of probable provisions of impending constitution.
3. Deliberations in Principal Committees, including joint and sub-committees, and their Reports (February-August 1947)
In the second session of Assembly, its Chairman constituted four principal committees: Advisory Committee on Fundamental Rights, Minorities and Tribal Areas & Excluded Areas, Provincial Constitution Committee, Union Constitution Committee and Union Powers Committee. Of these committees, first two were chaired by Sardar Vallabhbhai Patel while the latter two were chaired by Nehru. Most of these committees appointed their sub-committees for more focused work on particular segment. Two or three of these committees also sat jointly to consider matters lying in overlapping zones of consideration.
4. Working of Constituent Assembly, including nomination of acting President, election of regular President and formation of operational committees was decided by an unofficial Experts’ Committee of Congress in July-August 1946. It was this committee which prepared the draft of Objective Resolution which was moved in the first session by Nehru.
5. Discussion on Reports in Constituent Assembly and adoption of principles (April-Aug. 1947)
The Assembly discussed the reports of principal committees in detail and adopted the principles therein.
Objective Resolution
Objectives Resolution was introduced by Jawahar Lal Nehru on 13th December 1946 in the Constituent Assembly. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947 as the Preamble to the Indian Constitution.
It laid down the fundamentals and philosophy of the constitutional structure. It provided the foundation for India’s Constitution, which institutionalized the essential values of equality, liberty, democracy, sovereignty, and cosmopolitan identity.
The Objective Resolution forms the basis of the Preamble to the Indian Constitution. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objective of the Preamble is to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
A veto is the power to unilaterally stop an official action or enactment of legislation. A veto can be absolute or it can be limited. In India, the president has three veto powers.
Article 111 of the Constitution of India provides the Veto powers of the President of India.
When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either
assents to the Bill, or
withholds assent therefrom.
Article 111 sets no definite timeline but it state that the President may return the Bill “as soon as possible” to the Houses with a message to reconsider it. However, if the Houses enact the Bill with or without amendments and present it to the President for assent, “the President shall not withhold assent therefrom”.
For a Bill to become an Act, the President’s assent is must. The Indian President can sit on a Bill indefinitely.
Zail Singh, the President of India from 1982 until 1987, exercised a pocket veto toprevent the Indian Post Office (Amendment) Bill from becoming law.
The President of India has three types of veto powers?
The three types of Vetoes are:
Absolute Veto
Suspensive Veto
Pocket Veto
Types of Veto Powers
Absolute Veto
Suspensive Veto
Pocket Veto
The power of the President to withhold the assent to the bill is termed as his absolute veto
The power of the President to return the bill to the Parliament with or without consideration is called suspensive veto
The power of the President to not act upon the bill is termed as a pocket veto
Absolute Veto
When the President exercises his absolute veto, a bill does not become an act. The bill ends even after passed by the Indian Parliament.
President uses his absolute veto in the following two cases:
When the bill passed by the Parliament is a Private Member Bill
When the cabinet resigns before President could give his assent to the bill.
In 1954, this veto was exercised by Dr. Rajendra Prasad
In 1991, this veto was used by the then President R Venkataraman
Suspensive Veto
President uses his suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
If the Parliament resend the bill with or without amendment to the Indian President, he has to approve the bill without using any of his veto powers. Thus his suspensive veto can be over-ridden by the Parliament.
With respect to state bills, state legislature has no power to override the suspensive veto of President. Governor can withhold the bill for the President’s consideration and even if state legislature resends the bill to governor and governor to President, he still can withhold his assent.
When the Parliament resends the bill to the President, it has to follow only the ordinary majority in the houses and not the higher majority.
Suspensive veto can’t be applied on Money Bill.
Pocket Veto
The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
He neither rejects the bill nor returns the bill for reconsideration.
Since no time-limit for the President within which he has to act upon the bill, is specified in the Constitution of India.
President does not have any veto power with regard to the Constitutional Amendment Bills.
There are no defined list of rules and procedures for the Officers of Lok Sabha and Rajya Sabha. But, the office of the Speaker is more than being only the presiding officer of the Lok Sabha. When any Member is appointed the speaker, he/she keeps his party allegiance aside and acts in an impartial manner.
Powers of the Speaker of the Lok Sabha
The Office of the Speaker is powerful, as it derives powers from three sources –
The Constitution,
The Rules of Procedures and Conduct of Business of Lok Sabha and
The Parliamentary Convention(residuary powers that are unwritten or unspecified).
The Speaker is the sole authority to decide whether a Bill is a Money Bill or not. This decision of his/her cannot be challenged. The Speaker has to consult Article 110 to mark a Bill as Money Bill.
The speaker of the Lok Sabha presides over the joint setting of the two houses. If the Speaker is absent, the Deputy Speaker of the LS presides. If the Deputy Speaker is also absent, then Vice Chairman of the RS presides.
The Speaker enjoys a special relationship with the Parliamentary Committees. All the Joint Parliamentary Committees are appointed by the Speaker and they report to him/her.
The Speaker nominates various members to these committees. If the Speaker is a Member, he/she becomes the ex-officio Chairman.
The Office of the Speaker is retained till the 1st meeting of the next Lok Sabha. All other Members cease to be in office once the Lok Sabha dissolves.
Special Role under the Tenth Schedule to the Indian Constitution (Anti-Defection law)
The Speaker has to accept the resignation of any Member of the House. This is to ensure that the resignation is voluntary. This decision is final but is open to Judicial Review.
Many provisions of the Indian Constitution are borrowed from well-established provisions found in the constitutions of various countries. Framers of our constitution did change the provisions to suit India’s scenario and subject.
Some of the important borrowed provisions are provided below.
Britain
Parliamentary government
Rule of Law
Legislative procedure
Single citizenship
Cabinet system
Prerogative writs
Parliamentary privileges
Bicameralism
Ireland
Directive Principles of State Policy
Method of Election of the president
Members nomination to the Rajya Sabha by the President
Unites States of America
Impeachment of the president
Functions of president and vice-president
Removal of Supreme Court and High court judges
Fundamental Rights
Judicial review
Independence of judiciary
The preamble of the constitution
Canada
Centrifugal form of federalism where the centre is stronger than the states.
Residuary powers vest with the centre
Centre appoints the Governors at the states
Advisory jurisdiction of the Supreme Court
Australia
Concept of Concurrent list
Joint sitting of the two houses
Freedom of trade and commerce
USSR
Fundamental duties
The ideals of justice (social, economic and political), expressed in the Preamble.
France
Concept of “Republic”
Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany
Fundamental Rights are suspended during Emergency
South Africa
Election of members of the Rajya Sabha
Amendment of the Constitution
Japan
Concept of “procedure established by Law”
Borrowed features of Indian Constitution are as follows:
A state of emergency in India can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India.
Articles 352 to 360 in Part XVIII of the Constitution of India deals with the emergency provisions. These are given to deal with exceptional circumstances like war or rebellion and to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The emergency provisions are influenced by the German constitution. These provisions turns India’s federal structure into a more unitary one.
Emergency provisions in Indian Constitution
A state of emergency is a period of governance that can be proclaimed by the President of India during certain crisis situations.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.
The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The Constitution stipulates three types of emergencies-
National Emergency
Constitutional Emergency
Financial Emergency
National emergency
Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. Whereas when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. This term ‘armed rebellion’ is inserted from the 44th amendment, by replacing ‘internal disturbance’.
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.
Parliamentary approval
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.
Revocation of proclamation
A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.
The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.
Effects on the centre-state relations
While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads: Executive: Centre becomes entitled to give executive directions to a state on ‘any’ matter
Legislative: The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session.
Financial: the president can modify the constitutional distribution of revenues between the centre and the states.
Effect on the life of the Lok Sabha and State Assembly
While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.
Effect on fundamental rights
Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.
The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.
Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.
The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.
This type of emergency has been proclaimed three times so far.
The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the North-East Frontier Agency (Union Territory of Arunachal Pradesh and some parts of Assam)
The second proclamation of National Emergency was made in December 1971 during the attack by Pakistan.
The third proclamation of National Emergency was made in June 1975.
Constitutional Emergency OR President’s Rule
Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution. The Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.
The president’s ruler can be proclaimed under Article 356 on two grounds
Article 356 empowers the President of India to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.
Parliamentary approval
A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
Effects of President’s rule
The President acquires various extraordinary powers when the President’s rule is imposed in a state.
He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
He can declare that the powers of the state legislature are to be exercised by the parliament.
He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.
Judicial review
The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356final and conclusive which would not be challenged in any court on any ground. This provision was deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
Financial Emergency
Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
Parliamentary approval
A proclamation declaring financial emergency must be approved by both the Houses of Parliamentwithin two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
Once approved by both the houses, the Financial Emergency continues indefinitely till it is revoked.
Effects of Financial Emergency
Extension of the executive authority of the Union over the financial matters of the States.
Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.
Reduction of salaries and allowances of all or any class of persons serving in the State.
Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.
Financial emergency has not been imposed in India yet.
The Parliament passed the Citizenship (Amendment) Bill 2019 which received the President’s assent to become an Act. The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act, 1955.
The Citizenship Act,1955 provides various ways in which citizenship may be acquired. It provides for citizenship by birth, descent, registration, naturalisation and by incorporation of the territory into India.
In addition, it regulates the registration of Overseas Citizen of India Cardholders (OCIs) and their rights. An OCI is entitled to some benefits such as a multiple-entry, multipurpose lifelong visa to visit India.
The Citizenship (Amendment) Act
The Citizenship (Amendment) Act grants citizenship to the Hindus, Christians, Sikhs, Buddhist, Jains and Parsis fromfrom India’s three Muslim-majority neighbours – Afghanistan, Pakistan and Bangladesh who had arrived in India before 31 December 2014, facing religious persecution in the three nations.
This amendment is of the Citizenship Act, 1955 which requires the applicant to haveresided in India for 11 of the previous 14 years. Citizenship (Amendment) Bill, 2016relaxes this requirement from 11 years to six years, for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from the three nations.The Citizenship (Amendment) Act 2019further reduces the period of naturalisation for such group of persons from six years to five years.
CAA not applicable to Areas
The Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya because of being included in the 6th Schedule of the Constitution.
Also areas that fall under the Inner Limit notified under the Bengal Eastern Frontier Regulation, 1873, will also be outside the Act’s purview. This keeps almost entire Arunachal Pradesh, Mizoram and Nagaland out of the ambit of the Act.
Why protest against CAA 2019
In the northeast, the protest is against the Act’s implementation in their areas, as people fear that if implemented, the Act will cause a rush of immigrants that may alter their demographic and linguistic uniqueness.
The CAA 219 contradicts the Assam Accord (1985), which states that illegal migrants, irrespective of religion, heading in from Bangladesh after March 25, 1971, would be deported.
A huge no. of illegal Bangladeshi migrants are present in Assam and they have inalienably altered the demography of the state, besides putting a severe strain on the state’s resources and economy.
It is violative of Article 14 of the Constitution (which guarantees the right to equality and applicable to both the citizens and foreigners) and the principle of secularism enshrined in the preamble of the constitution.
The Act does not covered several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar.
It will be difficult to differentiate between illegal migrants and those persecuted.
The base of the CAA is religious oppression in these three countries and thus, may worsen our bilateral ties with them.
How is citizenship acquired in India? In India, citizenship is regulated by the Citizenship Act, 1955. The Act specifies that citizenship may be acquired in India through five methods – by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.
Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.
The original constitution is hand-written, with each page decorated by artists like Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada.
It originally had 395 articles in 22 parts and 8 schedules. But in the due course, many other articles and three other parts were added to it by subsequent constitutional amendments. The constitution now has about 450 articles in 25 parts. The Indian constitution is the world’s longest for a sovereign nation.
All the articles are not needed to be remembered but aspirants should have good idea about the nature and salient features of the Indian Constitution. And they must know the most important Articles of the Indian Constitution.
Article 2 – Admission and Establishment of the new state.
Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.
Part II ( Article 5 to Article 11 )
Article 5 – Citizenship at the commencement of the constitution.
Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.
Article 10- continuance of rights of citizenship.
Article 11- Parliament to regulate the right of citizenship by law.
Part III ( Article 12 to Article 35 )
Article 12- Definition of the state
Article 13 Laws inconsistent with or in derogation of the fundamental rights. Originally, the constitution had 7 basic Fundamental Rights, now there are only six rights. Right to property under Article 31 was deleted from the list of fundamental rights by 44th amendment act 1978 and it is made a legal right under Article 300-A.
Part III of the Constitution is described as the Magna Carta of India. ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
The Constitution of India provides for six Fundamental Rights: Right to equality (Articles 14–18) Right to freedom (Articles 19–22) Right against exploitation (Articles 23–24) Right to freedom of religion (Articles 25–28) Cultural and educational rights (Articles 29–30) Right to constitutional remedies (Article 32)
Important Fundamental Rights
RIGHT TO EQUALITY: Article 14 to Article 18
Article 14- Equality before the law.
Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of the untouchability.
Article 18- Abolition of titles
RIGHT TO FREEDOM: Article 19 to Article 22
Article 19 guarantees to all the citizens the six rights (a) Right to freedom of speech and expression. (b) Right to assemble peacefully and without arms. (c) Right to form associations or unions. (d) Right to move freely throughout the territory of India. (e) Right to reside and settle in any part of the territory of India. (f) Right to practice any profession or to carry on any occupation, trade, and business.
Article 20- Protection in respect of conviction for offences.
Article 21-Protection of life and personal liberty.
Article 21A – Right To Education
Article 22- Protection against arrest and detention in certain cases.
RIGHT AGAINST EXPLOITATION: Article 23 to Article 24
Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories and mines under age of 14.
RIGHT TO FREEDOM OF RELIGION: Article 25 to Article 28
Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to pay taxes for promotion of any particular religion.
Article 28 – Freedom from attending religious instruction.
CULTURAL AND EDUCATIONAL RIGHTS: Article 29 to Article 30
Article 29 – Protection of interest of minorities. Article 30 – Right of minorities to establish and administer educational institutions.
Right to constitutional remedies : Articles 32 to Articles 35
Article 32 – Remedies for enforcement of Fundamental Rights.
These empowers the citizens to move to a court of law in case of any denial of the fundamental rights.
The courts can issue various kinds of writs protecting the rights of the citizens.
habeas corpus
mandamus
Writ of Prohibition
quo warranto
certiorari
This allows a citizen to move to court if they believe that any of their Fundamental Rights have been violated by the State.
Dr. B. R. Ambedkar declared the right to constitutional remedies “the heart and soul” of the Indian constitution.
Part IV - Directive Principal of states Policy ( Article 36 to Article 51 )
Article 36- Definition
Article 37- Application of DPSP
Article 39A- Equal justice and free legal aid
Article 40- Organisation of village panchayat
Article 41- Right to work, to education, and to public assistance in certain cases
Article 43- Living Wages, etc. for Workers.
Article 43A- Participation of workers in management of industries.
Article 44- Uniform civil code.( applicable in Goa only)
Article 45- Provision for free and compulsory education for children.
Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.
Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 48-Organisation of agriculture and animal husbandry.
Article 49- Protection of monuments and places and objects of natural importance.
Article 50- Separation of judiciary from the executive.
Article 51- Promotion of international peace and security.
Part IVA - Fundamental Duties ( Article 51A )
Article 51A – Specifies the Fundamental Duties of every citizen
It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.
Part V ( Article 52 to Article 151 ) - Union
Article 52- The President of India
Article 53- Executive Power of the union.
Article 54- Election of President
Article 61- Procedure for Impeachment of the President.
Article 63- The Vice-president of India.
Article 64- The Vice-President to be ex-officio chairman the Council of States.
Article 66-Election of Vice-president.
Article 72-Pardoning powers of President.
Article 74- Council of Ministers to aid and advise the President.
Article 76- Attorney-General for India.
Article 79- Constitution of Parliament
Article 80- Composition of Rajya Sabha.
Article 81- Composition of Lok Sabha.
Article 83- Duration of Houses of Parliament.
Article 93- The speakers and Deputy speakers of the house of the people.
Article 105- Powers, Privileges, etc of the House of Parliament.
Article 109- Special procedure in respect of money bills
Article 110- Definition of “Money Bills”.
Article 112- Annual Financial Budget.
Article 114-Appropriation Bills.
Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
Article 124- Establishment of Supreme Court.
Article 125- Salaries of Judges.
Article 126- Appointment of acting Chief justice.
Article 127- Appointment of ad-hoc judges.
Article 128-Attendance of a retired judge at sitting of the Supreme Court.
Article 129- Supreme court to be a court of Record.
Article 130- Seat of the Supreme court.
Article 136- Special leaves for appeal to the Supreme Court.
Article 137- Review of judgement or orders by the Supreme court.
Article 141-Decision of the Supreme Court binding on all the courts.
Article 148- Comptroller and Auditor- General of India
Article 149- Duties and Powers of CAG.
Part VI ( Article 152 to Article 237) - States
Article 153- Governors of State
Article 154- Executive Powers of Governor.
Article 161- Pardoning powers of the Governor.
Article 165- Advocate-General of the State.
Article 213- Power of Governor to promulgate ordinances.
Article 214- High Courts for states.
Article 215- High Courts to be a court of record.
Article 226- Power of High Courts to issue certain writs.
Article 233- Appointment of District judges.
Article 235- Control over Sub-ordinate Courts.
Part VII – Article 238 – Repealed
Part VIII – Article 239-242 – Union Territories
Part IX ( Article 243 to Article 243 O) - Panchayats
Article 243A- Gram Sabha
Article 243B- Constitution of Panchayats
Part IX-A – 243 P-243 ZG – Municipalities
Part IX-B – 243 ZH-243 ZT- Co-operative Societies
Part X – Scheduled and Tribal Areas -244
Part XI – Center- State Relations 245 – 263
Part XII ( Article 264 to Article 300 A) - Finance, Property, Contracts and Suits
Article 266- Consolidated Fund and Public Accounts Fund
Article 267- Contingency Fund of India
Article 280- Finance Commission
Article 300-A- Right to property.
Part XIII ( Article 301 to Article 307) - Trade, Commerce and Intercourse within the territories of India
Article 301-Freedom to trade, commerce, and intercourse.
Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Part 14: Services Under Center and State (308-323)
Article 312- All- India-Service.
Article 315- Public service commissions for the union and for the states
Article 320- Functions of Public Service Commission.
Part XIV-A ( Article 323A to Article 323B) - Tribunals
Article 323A- Administrative Tribunals
Part XV ( Article 324 to Article 329) - Elections
Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.
Part XVI ( Article 330 to Article 342) - Special Provisions to SC, ST, OBC, Minorities etc
Article 338- National Commission for the SC, & ST.
Article 340- Appointment of a commission to investigate the conditions of backward classes.
Part XVII ( Article 343 to Article 351) - Official Language
Article 343- Official languages of the Union.
Article 345- Official languages or languages of states.
Article 348- Languages to be used in the Supreme Court and in the High Courts.
Article 351-Directive for development of the Hindi languages.
Part XVIII ( Article 352 to Article 360) - Emergency
Article 352- Proclamation of emergency ( National Emergency).
Article 356- State Emergency (President’s Rule)
Article 360- Financial Emergency
Part XIX ( Article 361 to Article 367) - Miscellaneous
Article 361- Protection of President and Governors
Part XX – Article 368 – Amendment of Constitution
Part XXI – Article 369 to Article 392 – Special, Transitional and Temporary Provisions
Article 370 – Special provision of J&K.
Article 371A – Special provision with respect to the State of Nagaland
Article 371-J: Special Status for Hyderabad-Karnataka region
Part XXII – Article 392 to Article 395 – Short Text, Commencement, Authoritative Text in Hindi and Repeals
Article 393 – Short title – This Constitution may be called the Constitution of India.
Article 395Repeals India Independence Act and Government of India Act, 1935
We always recommend to start APSC Preparation with NCERT books. The importance of NCERT books in preparation of APSC/ UPSC/ TPSC and other exams can’t be over emphasized.
“NCERT books can be considered as the Preamble of the whole range of study materials for APSC/ UPSC/ other PSCs Civil Services exams preparation.”
Aspirants should always start their preparation from the NCERT textbooks of Class 6 to 12. It creates a very strong foundation of knowledge base required for clearing these exams. Most of the successful candidates recommends for judicious following of NCERT books for APSC/ UPSC/ other PSCs preparation. Aspirants should focus on the NCERT books for General Studies (GS), History + Art & Culture, Geography, Economics, Political Science, Sociology etc for APSC Prelims and Mains Exams.
Why NCERT Books are BEST?
NCERT books are easily accessible and available for FREE to everyone from rural and urban candidates (“Make Competition Inclusive and Fair”)
NCERT books is simple and lucid language, as these are written for school students, so are very easy to understand topics and concepts.
NCERT books provides important basic information about the subjects/topic and mostly objective, reliable and unbiased.
APSC/ UPSC/ other PSCs and other agency regards NCERT books as authentic source for reference.
The 17th Lok Sabha of India came into being on May 30, 2019 with the oath-taking ceremony of Prime Minister Narendra Modi along with the Council of Ministers. 23 new members have been included in the new Cabinet. Here is a full list of portfolios of current Cabinet Ministers, Ministers of State (Independent Charge) and Ministers of State.
Prime Minister of India
Prime Minister and also in-charge of:
Ministry of Personnel, Public Grievances and Pensions; Department of Atomic Energy; Department of Space; and All important policy issues; and All other portfolios not allocated to any Minister.
Cabinet Ministers
Ministers
Portfolio
Rajnath Singh
Minister of Defence.
Amit Shah
Minister of Home Affairs.
Nitin Jairam Gadkari
Minister of Road Transport and Highways; and Minister of Micro, Small and Medium Enterprises.
D.V. Sadananda Gowda
Minister of Chemicals and Fertilizers.
Nirmala Sitharaman
Minister of Finance; and Minister of Corporate Affairs.
Ram Vilas Paswan
Minister of Consumer Affairs, Food and Public Distribution.
Narendra Singh Tomar
Minister of Agriculture and Farmers Welfare; Minister of Rural Development; and Minister of Panchayati Raj.
Ravi Shankar Prasad
Minister of Law and Justice; Minister of Communications; and Minister of Electronics and Information Technology.
Harsimrat Kaur Badal
Minister of Food Processing Industries.
Thaawar Chand Gehlot
Minister of Social Justice and Empowerment.
Dr. S. Jaishankar
Minister of External Affairs.
Ramesh Pokhriyal ‘Nishank’
Minister of Human Resource Development.
Arjun Munda
Minister of Tribal Affairs.
Smriti Irani
Minister of Women and Child Development; and Minister of Textiles.
Dr. Harsh Vardhan
Minister of Health and Family Welfare; Minister of Science and Technology; and Minister of Earth Sciences.
Prakash Javadekar
Minister of Environment, Forest and Climate Change; and Minister of Information and Broadcasting.
Piyush Goyal
Minister of Railways; and Minister of Commerce and Industry.
Dharmendra Pradhan
Minister of Petroleum and Natural Gas; and Minister of Steel.
Mukhtar Abbas Naqvi
Minister of Minority Affairs.
Pralhad Joshi
Minister of Parliamentary Affairs; Minister of Coal; and Minister of Mines.
Dr. Mahendra Nath Pandey
Minister of Skill Development and Entrepreneurship.
Arvind Sawant
Minister of Heavy Industries and Public Enterprise.
Giriraj Singh
Minister of Animal Husbandry, Dairy and Fisheries.
Gajendra Singh Shekhawat
Minister of Jal Shakti.
Ministers of State (Independent Charge)
Santosh Kumar Gangwar
Minister of State (Independent Charge) of the Ministry of Labour and Employment.
Rao Inderjit Singh
Minister of State (Independent Charge) of the Ministry of Statistics and Programme Implementation; and Minister of State (Independent Charge) of the Ministry of Planning.
Shripad Yesso Naik
Minister of State (Independent Charge) of the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH); and Minister of State in the Ministry of Defence.
Dr. Jitendra Singh
Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region; Minister of State in the Prime Minister’s Office; Minister of State in the Ministry of Personnel, Public Grievances and Pensions; Minister of State in the Department of Atomic Energy; and Minister of State in the Department of Space.
Kiren Rijiju
Minister of State (Independent Charge) of the Ministry of Youth Affairs and Sports; and Minister of State in the Ministry of Minority Affairs.
Prahalad Singh Patel
Minister of State (Independent Charge) of the Ministry of Culture; and Minister of State (Independent Charge) of the Ministry of Tourism.
Raj Kumar Singh
Minister of State (Independent Charge) of the Ministry of Power; Minister of State (Independent Charge) of the Ministry of New and Renewable Energy; and Minister of State in the Ministry of Skill Development and Entrepreneurship.
Hardeep Singh Puri
Minister of State (Independent Charge) of the Ministry of Housing and Urban Affairs; Minister of State (Independent Charge) of the Ministry of Civil Aviation; and Minister of State in the Ministry of Commerce and Industry.
Mansukh L. Mandaviya
Minister of State (Independent Charge) of the Ministry of Shipping; and Minister of State in the Ministry of Chemicals and Fertilizers.
Ministers of State
Faggansingh Kulaste
Minister of State in the Ministry of Steel.
Ashwini Kumar Choubey
Minister of State in the Ministry of Health and Family Welfare.
Shri Arjun Ram Meghwal
Minister of State in the Ministry of Parliamentary Affairs; and Minister of State in the Ministry of Heavy Industries and Public Enterprises.
General (Retd.) V. K. Singh
Minister of State in the Ministry of Road Transport and Highways.
Krishan Pal
Minister of State in the Ministry of Social Justice and Empowerment.
Raosaheb Danve
Minister of State in the Ministry of Consumer Affairs, Food and Public Distribution.
G. Kishan Reddy
Minister of State in the Ministry of Home Affairs.
Purushottam Rupala
Minister of State in the Ministry of Agriculture and Farmers Welfare.
Ramdas Athawale
Minister of State in the Ministry of Social Justice and Empowerment.
Sadhvi Niranjan Jyoti
Minister of State in the Ministry of Rural Development.
Babul Supriyo
Minister of State in the Ministry of Environment, Forest and Climate Change.
Sanjeev Kumar Balyan
Minister of State in the Ministry of Animal Husbandry, Dairying and Fisheries.
Dhotre Sanjay Shamrao
Minister of State in the Ministry of Human Resource Development; Minister of State in the Ministry of Communications; and Minister of State in the Ministry of Electronics and Information Technology.
Anurag Thakur
Minister of State in the Ministry of Finance; and Minister of State in the Ministry of Corporate Affairs.
Suresh Angadi
Minister of State in the Ministry of Railways.
Nityanand Rai
Minister of State in the Ministry of Home Affairs.
Ratanlal Kataria
Minister of State in the Ministry of Jal Shakti; and Minister of State in the Ministry of Social Justice and Empowerment.
V. Muraleedharan
Minister of State in the Ministry of External Affairs; and Minister of State in the Ministry of Parliamentary Affairs.
Renuka Singh Saruta
Minister of State in the Ministry of Tribal Affairs.
Som Parkash
Minister of State in the Ministry of Commerce and Industry.
Rameswar Teli
Minister of State in the Ministry of Food Processing Industries.
Pratap Chandra Sarangi
Minister of State in the Ministry of Micro, Small and Medium Enterprises; and Minister of State in the Ministry of Animal Husbandry, Dairying and Fisheries.
Kailash Choudhary
Minister of State in the Ministry of Agriculture and Farmers Welfare.
Debasree Chaudhuri
Minister of State in the Ministry of Women and Child Development.
Constitutional Provisions related to Union Ministers
Article 74 : Council of Ministers to aid and advise President
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:
Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Article 75: Other provisions as to Ministers
(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.
Article 77. Conduct of business of the Government of India.
(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
