Polity

Federalism is a https://exam.pscnotes.com/system-of-government”>System of Government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

 

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of Sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of Trade and Commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

 

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

 

Characteristic Features of Federalism are:-

 

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

 

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

 

(iii) The authority of the courts as interpreters of the Constitution;

 

(iv) Double Citizenship is another characteristic of some of the Federation.

 

 

 

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

 

Example: Most absolute monarchies and tyrannies operate under unitary systems. But democratic unitary states exist as well. In France, for example, the central government makes virtually all of the decisions.

 

The Indian Federation is a federation of its own type. It does not fall into either of the two conventional categories. The British provinces though largely autonomous after the attainment of independence in 1947 did not possess the attributes of sovereignty. Their position was just like Canadian provinces. They could not therefore form a compact of their own for common purposes of supra-provincial importance.

 

Moreover, the Union was not brought into existence by the British before they relinquished power. The representatives of the Indian people assembled in a Constituent Assembly and decided on the structure of the Union. Hence, they provided for the distribution of authority and functions between the national and regional governments.

 

The Indian Constitution, no doubt, fulfills some conditions of a federation, but it leans towards a strong Centre, it is a stable union of states and provinces (now termed as states) which have neither lost their entities nor claim complete autonomy. Evidently it does not violate the essentials of a federal Polity. However, our federal system has been adjusted to the needs of our country, which has been falling prey to the foreign invaders on account of it being a house divided against itself.

 

Unitary nature of Indian constitution:

 

On the other hand the Indian constitution also incorporates many features of a unitary state. The Unitary Features of Indian Constitution is given below:

 

• It provides for Single Citizenship an integrated judiciary, dominance of Bureaucracy, uniformity at the top levels, and above all gives greater powers to the Union Government.
• The Indian constitution sets up a very powerful union Government. A review of the Division of Powers in the Indian constitution clearly shows strong bias in favor of the union Government and several limitations on the autonomy of state Governments. For example, during the proclamation of a national emergency the union government can legislate on the subjects in the state list and can control the executive powers of the State Government.
• It is not only during an emergency that the Indian constitution becomes unitary in character. Even in its normal working, the union Parliament can reorganize the states or alter the boundaries by a Simple Majority vote, even without the Consent of the legislature of the state so affected.
• In case there is a conflict between a union law and a state law, the union law will prevail.
• The state governors are appointed by the President.
• State governments don’t have separate constitution of their own. They derive their powers from the same constitution, i.e., the Constitution of India.
• There is a single judicial system in India. The highest judicial forum is The Supreme Court. The high courts and other lower courts are sub-ordinate to Supreme Court.

National integration has been a very serious and prominent challenge in all the developing countries including India. For a proper analysis of the concept of national integration it is necessary to know the meaning of certain concepts. The first and foremost concept is the term integration itself which may be defined as “a process of becoming whole.”  In other words, “an integrated whole is one in which all structural aspects and parts, fit together with at least some minimal amount of unity or mutual compatibility.”  Furthermore, “integration is the name for the state of relationship between parts of the system.”  It “has to do with the interrelations of units.”  Thus, “an integrated Society is one in which established institutions and rights and values associated with them are generally accepted.”  These definitions generally present the static character of integration with its main focus at maintenance of the system. But in reality while concerned with the process of becoming whole, integration is also directed towards an orderly change within the system.

Various Challenges to National Integration are:-

The term national integration tends to be obscure in the Light of varying definitions of nation and nationalism. The minimum requisite for nationhood is considered to be the people living in a compact geographical area with general cultural unity. They form a nation by accepting a particular political order and forming a state. Language, race, religion and HISTORY are additional factors which generally strengthen the bond of nationhood. According to J. P. Narayan  nationhood is made up of tangible and intangible Elements, the latter constituting much the larger part of it.

The most essential tangible elements of nationhood are:

 

1. A well-defined territory
2. Political unity represented by a constitution, common https://exam.pscnotes.com/citizenship”>Citizenship and a government
3. A workable medium of Communication.

The intangible elements are:

1. An Attitude of mind which makes it natural and normal for every citizen to regard loyalty to the nation as being above sectional and group loyalties
2. An attitude of mind which makes it natural and normal for every group and section of the nation to subordinate its interest to national interests;
3. An attitude of mind which makes it natural and normal for the nation to think of the interests of every citizen and of every group and section of the nation.

Problem of National Integration in Post-Independence India

 

The main challenges to national integration in post-independence India are

linguism, Communalism, casteism and Regionalism.

 

• Language

 

India is a multi-linguistic nation with several well developed languages

which are rich in grammar, expression and literature and have their own distinct

script. Multi-linguism is, therefore, one of the primordial facts of the Indian

Polity.

 

Despite the acceptance of Hindi as the Official Language of the Republic by

the Constituent Assembly of India and its further recognition by the Hindi-

speaking states, the language issue has remained unsettled. In post-independence

India the language issue took a different turn. Now instead of the Hindi-Urdu

conflict what emerged was a conflict between Hindi and English on the one hand

and Hindi and regional languages on the other hand, particularly those spoken in

the South India like Tamil and Telugu. Till 1960, the language issue mainly

revolved round Hindi and English. So long as the memory of the freedom struggle

and its commitments were fresh in the minds of leaders of different parts of India,

there was no sharp public reaction or mass mobilisation against Hindi. The non-

Hindi speaking people were taking interest in Hindi, especially in the Hindustānī

form of Hindi, even in the pre-independence period. The leaders from non-Hindi

areas had been emotionally committed to replacing English by an Indian

language. Moreover, after independence, for three successive Elections the

Congress party had won overwhelming majority in most of the states. Congress

Leadership convinced the anxious non-Hindi speaking people and their leadership

that the promotion of Hindi would not take place at their cost.

 

 

To make a compromise between the supporters and the opponents of Hindi

the ‘Three Language Formula’ was accepted as a middle path. However, the issue

was finally settled by the Official Languages (Amendment) Act, 1967, and it was

decided that English will continue to be the Associate Official Language of the

Union for all the non-Hindi states till the time they themselves opt for Hindi.

 

 

 

 

• Religion

 

Religion is a very crucial factor as far as the national integration of India is

concerned. There are six major religious communities in India accounting for a

substantial Population in the country as a whole.   Historically, religion has never

played a predominant role in the Governance of the state in India. Whenever

attempts were made to introduce religion as a principle of administration, it failed.

 

Still, religion directly or indirectly, influences our politics to some extent and in

its accentuated form, it leads to communalism and violence and then poses a

serious threat to national integration.

 

 

 

• Communalism

 

A sense of blind loyalty towards the community that may go to the extent of subordinating one’s higher loyalty to his or her nation or society as a whole. Instead of having an attitude towards a particular religion enlightened enough so as to circumvent any possible feeling of orthodoxy, it leads to the inculcation of wrong orientations that have their manifestation in the form of fanaticism or religious orthodoxy. As such, communalism refers to the attitude of the people and their groups when they “place their loyalty to the community above loyalty to the body politic to which they belong, or else when they develop active hostility towards communities

living within the same body politic.”

 

 

• Regionalism

Regionalism is one issue that has apparently caused the greatest threat to

national integration.  Regionalism  is  defined  as  politicisation  of  regional

sentiment. To have a conceptual understanding of the term regionalism, let us first

see the meaning of the term region.

 

Region generally means a large tract of land, a more or less defined portion

of the earth’s surface specifically distinguished by certain natural features and

climatic conditions. The essential point is that a region is characterised, more than

anything else, by a widely shared sentiment of ‘togetherness’ in the people,

In  India the  most  important factor responsible for the  Growth of

regionalism has been regional imbalance and regional disparity. The unequal

development of different regions of India owes its genesis to the colonial past.

The British did not have much interest in India’s development, least be said of

equal development of all the regions.

 

internalised from a wide variety of sources  and, what is more, a ‘separateness from others.’ The concept of regionalism draws sustenance from the factors of

Geography, topography, religion, language, culture, economic life, customs,

political traditions and shared historical experiences. The term regionalism has its

wider and narrower connotations. In the former sense, it covers the case of a

movement directed against ‘centralism’; in the latter sense, it refers to the

attachment of the people with interests of a local significance and in that respect it

becomes analogous to localism or sectionalism

 

Evolution of Indian Constitution

Although the systems of ancient India do have their reflections in the Constitutions of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

 

Regulating Act of 1773

• This Act was based on the report of a committee headed by the British Prime Minister Lord North.
• Governance of the East India Company was put under the British Parliamentary control.
• The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General.
• A Supreme Court was established in Calcutta (now Kolkata)
• Governor General was empowered to make laws, regulations and ordinances with the Consent of The Supreme Court.

 

Pitts India Act of 1784

• It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration.
• A 6 member Board of Coordinators was set up which was headed by a minister of the British Government. All political responsibilities were given to this board.
• Trade and Commerce related issues were under the purview of the Court of the Directors of the company.
• Provinces had to follow the instructions of the Central Government and Governor General was empowered to dismiss the failing provincial government.

 

https://exam.pscnotes.com/charter-act-of-1793″>Charter Act of 1793

• Main provisions of the previous Acts were consolidated in this Act.
• Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.
• Courts were given the power to interpret rules and regulations

 

Charter Act of 1813

• Trade monopoly of the East India Company came to an end.
• Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.
• The Christian Missionaries were allowed to spread their Religion in India.
• Local autonomous bodies were empowered to levy taxes.

 

Charter Act of 1833

• The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Controllers.
• The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.
• The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
• For the first time the Governor-General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

 

Charter Act of 1853

• This was the last of the Charter Acts and it made important changes in the system of Indian legislation.
• This Act followed a report of then Governor General Dalhousie for improving the administration of the company.
• A separate Governor for Bengal was to be appointed.
• Legislative and administrative functions of the Council were separately identified.
• Recruitment of the Company’s employees was to be done through competitive exams.
• British Parliament was empowered to put Company’s governance of India to an end at any suitable time.

 

Government of India Act, 1858

• British Crown decided to assume Sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians.
• The first statute for the governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
• It Provide for absolute (British) imperial control over India without any popular participation in the administration of the country.
• The powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India.
• The country was divided into provinces headed by a Governor or Lieutenant-Governor aided by his Executive Council.
• The Provincial Governments had to function under the superintendence, direction and control of the Governor- General in all matters.
• All authority for the governance of India was vested in the Governor- General in Council who was responsible to the Secretary of State.
• The Secretary of State was ultimately responsible to the British Parliament.

 

Indian Councils Act, 1861

• This is an important landmark in the constitutional HISTORY of India. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.
• This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.
• This Act provided that the Governor General’s Executive Council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.
• It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

 

Indian Councils Act, 1892

• The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and Provincial Legislatives Council while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, districts boards, municipalities, zamindars etc.
• The Councils were to have the power of discussing the Budget and addressing questions to the Executive.

 

Morley-Minto Reforms and the Indian Councils Act, 1909

• Reforms recommended by the then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
• The maximum number of additional members of the Indian Legislative Council (Governor- General’s Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councilors).
• The size of Provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.
• An element of election was introduced in the Legislative Council at the centre also but here the official majority was maintained.
• The Legislative Councils were empowered to move resolutions on the Budget, and on any matter of public interest except certain specified subjects such as the Armed forces, Foreign Affairs and the Indian States.
• It provided, for the first time, for separate representation of the Muslim community and thus sowed the seeds of separatism.

 

The Government of India Act, 1915

• This act was passed to consolidate the provisions of the preceding Government of India Acts.

 

Montague-Chelmsford Report and the Government of India Act, 1919

• The then Secretary of State for India Mr. E.S. Montague and the Governor General Lord Chelmsford formulated proposals for the Government of India Act, 1919.
• Responsible Government in the Provinces was to be introduced, without impairing the responsibility of the Governor (through Governor General), for the administration of the province, by resorting to device known as ‘Diarchy’ or dual government.
• The subjects of administration were to be divided into two categories Central and Provincial.
• Central subjects were those which were exclusively kept under the control of the Central Government.
• The provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
• The ‘transferred subjects’ were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.
• The ‘ reserved subjects’ were to be administered by the Governor and his Executive Council with no responsibility to the Legislature.
• The previous Central control over the provinces in the administrative, legislative and financial matters was relaxed. Sources of revenue were divided into two categories so that the provinces could run the administration with the revenue raised y the provinces themselves.
• The provincial budget was separated from the central budget.
• The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.
• The Central Legislature, retained power to legislate for the whole country on any subject.
• The control of the Governor General over provincial legislature was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General.
• The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters.
• The Governor General in Council continued to remain responsible to the British Parliament through the Secretary of State for India.
• The Indian Legislature was made more representative and, for the first time ‘bi-cameral.’
• The Upper House was named the Council of State. This composed of 60 members of whom 34 were elected.
• The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected.
• The electorates were arranged on a communal and sectional basis, developing the Morley-Minto device further.
• The Governor General’s overriding powers in respect of Central legislation were retained as follows:
• His prior sanction was required to introduce Bills relating to certain matters;
• He had the power to veto or reserve for consideration of the Crown any Bill passed by the Indian Legislature;
• He had the converse power of certifying Bill or any grant refused by the Legislature;
• He could make Ordinances, in case of emergency.

 

Simon Commission

• This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament and the Government of India Bill was drafted accordingly.

 

The Government of India Act, 1935

• The Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
• It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.
• The Act divided legislative powers between the Centre and Provinces.
• The executive authority of a Province was also exercised by a Governor on the behalf of the Crown and not as a subordinate of the Governor General.
• The Governor was required to act with the advice of Ministers responsible to the legislature.
• In certain matters, the Governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the Governor General, and, through him, of the Secretary of State.
• The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).
• The councilors of Council of Ministers responsible to the Legislature were not appointed although such provisions existed in the Act of 1935.
• The Central Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.
• Apart from the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
• The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities.
• The Governor General had independent powers of legislatures, concurrently with those of the Legislature.
• On some subjects no bill or amendment could be introduced in the Legislature without the Governor General’s previous sanction.
• A three-fold division in the Act of 1935 –There was Federal List over which the Federal Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and the Provincial had competence.
• The Governor General was empowered to authorize either the Federal or the Provincial Legislature to enact a law with respect to any matter which was not enumerated in the above noted Legislative Lists.
• Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

 

Cripps Mission

• In March, 1942 Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
• These proposals were to be adopted at the end of the Second World War, provided Congress and the Muslim League could accept them.
• According to the proposals-
• The Constitution of India was to be framed by an elected Constituent Assembly by the Indian people.
• The Constitution should give India Dominion Status.
• There should be one Indian Union comprising all the Provinces and Indian States.
• Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Province British Government could enter into separate Constitutional arrangements.

 

Cabinet Mission

• In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
• The object of Cabinet Mission was to help India achieve its independence as early as possible, and to set up a Constitutional Assembly.
• The Cabinet Mission rejected the claim for a separate Constituent Assembly and a Separate for the Muslim.
• According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, having jurisdiction over the subjects of Foreign Affairs, DEFENCE and Communication. All residuary powers were to be vested in the Provinces and the States.
• The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States.
• Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting.
• The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects.

 

The Mountbatten Plan

• The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan.
• It was given a formal shape by a statement made by the British Government on 3rd June, 1947.

 

The Indian Independence Act, 1947 of the British Parliament

• In pursuance of this Act, the Government of India Act, 1935 was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up future Constitution of the country.
• From the 15th August 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
• The office of the Secretary of State for India was abolished.
• The Governor General and the Governors lost extraordinary powers of legislations to compete with the legislature.
• The Central Legislature Of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
• The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

 

Making of The Constitution

• 1934: Idea of constituent assembly put forward by M N Roy
• 1935: INC officially demands constituent assembly
• 1938: JL Nehru’s declaration on the constitution of India
• 1940: Nehru’s demand accepted in the form of August Offer
• August Offer
  • PM: Winston Churchill
  • While rejecting INCs demand for independence of India after the war on the ground that INC is not representative of the minorities, three offers were made
  • Expansion of Viceroy’s executive council with the inclusion of Indian representatives
  • An advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established
  • Two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form which the post representatives body should take and the methods by which it should come to a conclusion.
  • It further planned to draw out the principles and outlines of the Constitution itself
  • Congress rejected the offer
• 1942: Cripps Mission
  • PM: Winston Churchill Sec of State: Leo Amery                                Viceroy: Linlithgow
  • On the framing of an independent constitution to be adopted after the WW II
  • Cripps proposals rejected by the ML which wanted India to be divided into two autonomous states
• 1946: Cabinet Mission
  • PM: Clement Attlee Viceroy: Lord Wavell
  • Members: Pethick Lawrence (sec of state for India), Stafford Cripps, A V Alexander
  • Simla Conference
  • May 16 plan
    • United dominion of india would be given independence
    • Muslim majority and Hindu majority provinces to be grouped
    • Central government to run foreign affairs, defence and communications while rest of the responsibility would belong to the provinces, coordinated by the two groups
  • Interim cabinet was formed. ML joined the cabinet but decided to boycott the constituent assembly
• 1946, Nov: Constituent Assembly formed under the Cabinet Mission Plan
• First meeting of CA on December 9, 1946. Sacchidanada Sinha was elected the temporary Presidetn
• Dec 11, 1946: Rajendra Prasad and H C Mukharjee elected as the President and VP of the assembly respectively.
• BN Rao was the constitutional advisor to the assembly
• Dec 13, 1946: Objectives Resolution moved by JL Nehru
• Jan 22, 1947: Objectives resolution adopted
• June 3, 1947: Mountbatten plan. Partition of the country announced.
• Jan 24, 1950: Final session of the CA. It however continued as a provisional body from Jan 26, 1950 till the formation of the new Parliament after the first general Elections in 1951-52

Major Committees of CA

Committee	Chairman
Union Powers Committee	JL Nehru
Union Constitution Committee	JL Nehru
Committee for Negotiating with States	JL Nehru
Steering Committee	Rajendra Prasad
Rules of Procedure Committee	Rajendra Prasad
Provincial Constitution Committee	Sardar Patel
Committee on Fundamental Rights and  Minorities. Two sub committees ( FR , Minorities)	Sardar Patel (J B Kriplani, H C Mukharjee)
Drafting Committee	B R Ambedkar

• Drafting Committee was setup on Aug 29, 1947. It had seven members
  • B R Ambedkar
  • Alladi Krisnaswamy Ayyer
  • N Gopalaswamy Ayyangar
  • K M Munshi
  • TT Krishnamchari
  • N Madhava Rau
  • Syed Mohammad Saadullah
• Nov 26, 1949: Constitution was adopted
• The Preamble was enacted after the entire Constitution was already enacted

	Features

• Lengthiest Written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
• Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
• Drawn from different sources: fundamental rights from USA, Bicameralism from UK, Fundamental Duties from USSR etc,
• Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
• Sovereignty of the Country: managing internal and external affairs freely without any external forces.
• Democratic state: governing power is derived from the people by means of elected representatives of the people.
• Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
• Socialist State: Indian Socialism is Democratic Socialism. The goals of the socialism are to be realized through democratic means.
• Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
• Parliamentary form of government: Westminster model of government. Presence of nominal and real executives, majority party rule, Collective Responsibility of executive to legislature, Dissolution of lower house, prime minister has crucial and important role.
• A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, Emergency Provisions, all India Services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
• Integrated and Independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
• Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
• Three tier government structure: union, state and panchayats.
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy: Judicial Review of Supreme Court by Procedure Established by Law. Also, parliament can amend major portion of constitution.
• Fundamental rights: to promote political Democracy. Enforceable by courts for violation. They are Justiciable in nature.
• Fundamental duties: to respect constitution; to promote national unity, Integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
• Directive Principles of State Policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
• Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent Election Commission, CAG, UPSC, SPSC with security of tenure, service conditions.

 

 

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a tw

o-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

 

Amendments of constitution                 

 

1. 1951 To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed https://exam.pscnotes.com/fundamental-rights”>Fundamental Rights. These laws encroach upon property rights, freedom of speech and Equality before law.
2. 1953 A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
3. 1955 LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
4. 1955 Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5. 1955 Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
6. 1956 Amend the Union and State Lists with respect to raising of taxes.
7. 1956 Reorganization of States on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8. 1960 Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
9. 1960 Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10. 1961 Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11. 1961 Election of vice president by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament.

Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.

12. 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13. 1963 Formation of State of Nagaland, with special protection under Article 371A.
14. 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15. 1963 Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
16. 1963 Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17. 1964 To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
18. 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19. 1966 Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20. 1966 Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
21. 1967 Include Sindhi as an Official Language.
22. 1969

Provision to form Autonomous states within the State of Assam.

 

23. 1970 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24. 1971 Enable parliament to dilute fundamental rights through amendments to the constitution.
25. 1972 Restrict property rights and compensation in case the state takes over private property.
26. 1971 Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27. 1972 Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28. 1972 Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29. 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30. 1973 Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31. 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
32. 1974 Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
33. 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34. 1974 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35. 1975 Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36. 1975 Formation of Sikkim as a State within the Indian Union.
37. 1975 Formation of Arunachal Pradesh legislative assembly.
38. 1975 Enhances the powers of President and Governors to pass ordinances
39. 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
40. 1976 Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India

Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.

 

41. 1976 Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
42. 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes Fundamental Duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
43. 1978 Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44. 1979 Amendment passed after revocation of internal emergency in the Country. Provides for Human Rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
45. 1980 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46. 1983 Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47. 1984 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48. 1985 Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49. 1984 Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50. 1984 Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and Communication Infrastructure.
51. 1986 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52. 1985 Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53. 1987 Special provision with respect to the State of Mizoram.
54. 1986 Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55. 1987 Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56. 1987 Transition provision to enable formation of state of Goa.
57. 1987 Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58. 1987 Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59. 1988 Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
60. 1988 Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
61. 1989 Reduce age for voting rights from 21 to 18.
62. 1989 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63. 1990 Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64. 1990 Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65. 1990 National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
66. 1990 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67. 1990 Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68. 1991 Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69. 1992 To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70. 1991 Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71. 1992 Include Konkani, Manipuri and Nepali as Official Languages.
72. 1992 Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73. 1993 Statutory provisions for Panchyat Raj as third level of administration in villages.
74. 1993 Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
75. 1994 Provisions for setting up Rent Control Tribunals.
76. 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77. 1995 A technical amendment to protect reservation to SC/ST Employees in promotions.
78. 1995 Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79. 2000 Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80. 2000 Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81. 2000 Protect SC / ST reservation in filling backlog of vacancies.
82. 2000 Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83. 2000 Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84. 2002 Extend the usage of 1991 national census Population figures for statewise distribution of parliamentary seats.
85. 2002 A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86. 2002 Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87. 2003 Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88. 2004 To extend statutory cover for levy and utilization of Service Tax.
89. 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90. 2003 Reservation in Assam Assembly relating to Bodoland Territory Area.
91. 2004 Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92. 2004 Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
93. 2006 Reservation for OBCs in government as well as private educational institutions
94. 2006 To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95. 2010 Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
96. 2011 Changed “Oriya” in the Eighth Schedule to “Odia.
97. 2012, Jan 12 Right to form unions or co-operative societies. (19(1)C)

Promotion of Co-operative Societies. (43B)

 

The Co-operative Societies. (Part 9B)

 

98. 2013, Jan 2 To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

(To insert Article 371J in the Constitution)