The Constitution of India Review Flashcards

Meaning and Historical Context of the Indian Constitution

• Definition and Function: A constitution is a body of supreme and fundamental laws that establishes the basic structure governing a political system and its population. It designs and establishes the structures and institutions of the state, including the organs of government, their powers, functions, and the regulation of their relations with the people.

• Initial Drafting: The first draft was prepared in October, $1947$, by the Advisory Branch of the Office of the Constituent Assembly under the guidance of Sir $BN Rau$.

• The Drafting Committee: Appointed on August $29$, $1947$, with $Dr. B. R. Ambedkar$ as the chairman. Its primary function was to scrutinize the text prepared by $BN Rau$.

• Adoption and Enactment: $Ambedkar$’s motion for the Draft Constitution was adopted on November $26$, $1949$. This marks the day the people of India adopted, enacted, and gave themselves the Constitution.

• Signing and Effective Date:

  • The document was signed by members of the Constituent Assembly on January $24$, $1950$.

  • It came into effect on January $26$, $1950$, replacing the Government of India Act $1935$.

  • On this date, the Union of India officially became the Republic of India.

Salient Features of the Indian Constitution

• A Written Constitution:

  • Unlike unwritten constitutions, it was deliberately framed by the Constituent Assembly starting on December $9$, $1946$, at $11 am$, and concluding with its adoption on November $26$, $1949$.

  • Most provisions are spelled out in detail, though voids are filled by statutory laws/provisions passed by the legislature and cabinet resolutions or executive orders.

• The Lengthiest Constitution in the World:

  • Original Structure ($1950$): Consisted of $395$ Articles and $8$ Schedules.

  • $2015$ Status: Additions through amendments led to $461$ Articles ($26$ Parts) and $12$ Schedules.

  • Growth ($1950-2014$): While some articles were omitted, $66$ articles and $4$ schedules were added.

  • Text-specified Present Status: There are $448$ articles, $12$ schedules, and $25$ parts.

  • Reason for Length: It is comprehensive and detailed to accommodate socio-economic and political diversities and prevent future controversies.

• A Living Constitution:

  • The Constitution is dynamic, changing through amendments like the $42^{nd}$ Amendment Act ($1976$) and the $73^{rd}$ Amendment Act ($1993$).

The Preamble: Fundamental Philosophy

• Definition: An introductory statement embodying fundamental values, philosophy, aims, and aspirations.

• Purpose:

  1. To indicate the source of the Constitution's authority.

  2. To state the objects the Constitution seeks to establish and promote.

• Secularism:

  • The term "Secular" was added by the $42^{nd}$ Amendment in $1976$.

  • $Justice Desai$ argues it means the state deals with individuals as citizens regardless of religion, neither promoting nor interfering with it.

  • $Donald Eugene Smith$ defines the secular state as one giving individual and corporate freedom to religion while being constitutionally unrelated to any religion.

Citizenship and the Citizenship (Amendment) Bill $2016$

• Overseas Citizenship of India (OCI): Introduced in $2005$ by amending the Citizenship Act $1955$. Persons of Indian origin in foreign countries (excluding Pakistan and Bangladesh) can apply for OCI if their home country allows dual citizenship, granting them a lifelong visa.

• Loss of Citizenship (Citizenship Act $1955$):

  1. Renunciation: Voluntary surrender in favor of another citizenship.

  2. Termination: Automatic loss upon acquiring citizenship in another country.

  3. Deprivation: Compulsory termination by the government due to fraud, disloyalty, or disaffection toward the Constitution.

• Citizenship (Amendment) Bill $2016$ Proposals:

  • Minority communities (Hindus, Jains, Sikhs, Buddhists, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan will not be treated as illegal immigrants.

  • Residence requirement for citizenship reduced from $11$ years to $6$ years.

  • OCI cardholders may lose status if they violate any national laws.

The Executive Branch and Parliamentary System

• Nominal vs. Real Head: The executive is divided into a formal head of state (President) and a head of government (Prime Minister). The head of state "reigns but does not rule."

• Parliamentary Setup:

  • The President is the head of state and the executive.

  • The Prime Minister is the head of the government.

  • The Judiciary is headed by the Supreme Court ($SC$).

  • The Parliament holds legislative powers.

• Responsibility: Ministers (the Cabinet) are both individually and collectively responsible to the Parliament.

• The President of India:

  • Vested with executive power under Article $53$.

  • Functions are primarily ceremonial; governs only with the "aid and advice" of the Prime Minister.

  • Article $75$: Prime Minister must communicate all Cabinet decisions to the President.

  • Article $77$: Executive actions are taken in the name of the President.

The Union Parliament

• Composition (Article $79$): Consists of the President and two Houses: the Lok Sabha and the Rajya Sabha.

• The Lok Sabha (House of the People):

  • Size Evolution: Originally $500$; raised to $520$ ($7^{th}$ Amendment, $1956$) and then to $545$ ($42^{nd}$ Amendment, $1976$).

  • Structure: Max $525$ from States, max $20$ from Union Territories.

  • Qualifications: Citizen of India, minimum age of $25$ years.

  • Disqualifications: Cannot hold an office of profit, be of unsound mind, or be an undischarged insolvent.

  • Membership Rules: Cannot be a member of both Houses or both Parliament and a State Legislature simultaneously.

• The Rajya Sabha (Council of States):

  • Composition: Maximum $250$ members.

  • Selection: $238$ elected by State Legislative Assemblies via proportional representation (single transferable vote); $12$ nominated by the President for expertise in literature, science, art, and social service.

Legislative Procedures and Money Bills

• Process: A bill becomes an Act after being passed by both Houses and receiving the President's assent.

• Money Bills (Article $110$):

  • Relate to taxes, government borrowing, the Consolidated Fund, or the Contingency Fund.

  • The Speaker of the Lok Sabha has final authority to certify a bill as a Money Bill (Article $110(3)$). This certification cannot be questioned in court or by the President.

• Procedures for Money Bills (Article $109$):

  • Cannot be introduced in the Rajya Sabha.

  • The Rajya Sabha must return the bill within $14$ days with recommendations. It cannot reject or amend it.

  • If not returned in $14$ days, it is deemed passed.

State Government and Judiciary

• State Legislature: Assembly size ranges from $40$ to $500$. Duration is $5$ years.

• Seventh Schedule:

  1. Union List: Exclusive Union powers.

  2. State List (List II): Exclusive State powers.

  3. Concurrent List (List III): Shared powers.

• State Executive:

  • Governor: Appointed by President for $5$ years; must be an Indian citizen over $35$.

  • Chief Minister ($CM$): Appointed by the Governor; leads the Council of Ministers which is collectively responsible to the Assembly.

• Supreme Court ($SC$):

  • Appointment (Article $124(2)$): Judges appointed by the President after consultation.

  • Powers (Article $141$): SC law is binding on all Indian courts.

  • Jurisdiction:

  • Original: Disputes between Union and States (Article $131$) and protector of Fundamental Rights (Article $32$).

  • Appellate: Highest court of appeal for constitutional, civil, and criminal cases (Articles $132$, $134$).

  • Advisory: President can refer questions of fact/law to the SC; opinions are not binding or executable as judgments.

• High Courts ($HC$):

  • Constitutional status under Chapter V, Part VI. Article $125$ mandates a High Court for each state (though common HCs for multiple states are possible).

  • Tenure: Judges hold office until age $62$.

Fundamental Rights, DPSP, and Duties

• Fundamental Rights (Part III):

• Borrowed from the American Bill of Rights. Justiciable but not absolute (subject to reasonable restrictions like emergencies).

• Right to Equality: Protects against discrimination based on religion, race, caste, sex, or birth.

• Right to Education (Article $21A$): Added by the $86^{th}$ Amendment ($2002$).

• Right to Property: Removed from Fundamental Rights by the $44^{th}$ Amendment ($1978$) and made a legal right.

• Minority Rights: Article $29$ protects distinct language/culture; Article $30(1)$ allows minorities to establish/administer educational institutions.

• Habeas Corpus: A court order to produce an arrested person to justify confinement.

• Directive Principles of State Policy (DPSP):

• Article $37$: Declares DPSP fundamental in the governance of the country.

• Article $40$: Mandates the organization of village panchayats.

• Fundamental Duties (Article $51A$, Part IV A):

  • Originally $10$ duties added by the $42^{nd}$ Amendment ($1976$).

  • Clause (k): Added by the $86^{th}$ Amendment ($2002$); mandates parents/guardians to provide education to children aged $6$ to $14$ years.

  • Other duties include respecting the National Flag, protecting the environment, and safeguarding public property.