Indian Political System(Centre)

 

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Evolution of Indian Constitution:  

 

 

=>That was the 1st effective attempt by the nationalists for Drafting the constitution of Independent India
=>That India will be given the Status of “Dominion State” after the 2nd World War.
 => Separated provincial Subject from the central Subjects.

=>: Constitution was framed by a   Dr. Sachidanand Sinha as its Chairman Originally.

 

Various Schedules in Indian Constitution

Schedules are lists in the Constitution of India that categorize and tabulate bureaucratic activities and policy of the Government. Indian Constitution had originally eight schedules. The 9th schedule was added via the First Amendment Act, while 10th Schedule was first added by 35

First Schedule

First schedule lists the states and territories on of India; lists any changes to their borders and the laws used to make that change.

Second Schedule

Second schedule lists the emoluments for holders of constitutional offices such as salaries of President, Vice President, Ministers, Judges and Comptroller and Auditor-General of India etc.

Third Schedule

This schedule lists the various forms of oath for holders of various constitutional offices.

Fourth Schedule

Fourth schedule enumerates the allocation of Rajya Sabha seats to States or Union Territories.

Fifth Schedule

This schedule enumerates administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).

·Scheduled Areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe.

·Scheduled Tribes are groups of indigenous people, identified in the Constitution, struggling socio-economically

Sixth Schedule

This schedule comprises provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, Mizoram.

Seventh Schedule

This schedule has divided the Union and State subjects on which they can make laws. It comprises Union List, State List and Concurrent List.

Eighth Schedule

This schedule lists the official languages of the Union.

Ninth Schedule

This schedule enumerates land and tenure reforms; the accession of Sikkim with India.

Tenth Schedule

This schedule comprises anti-defection provisions for Members of Parliament and Members of the State Legislatures.

Eleventh Schedule

It was added by 73rd amendment and has a list of subjects under the Panchayat Raj institutions or rural local government.

Twelfth Schedule

It was added by 74th amendment and enlists the subjects under Municipalities or urban local government.

 

 

    1st.Schedule

·        List of States & Union Territories

   2nd.Schedule

·        Salary of President, Governors, Chief Judges, Judges of High Court and Supreme court, Comptroller and Auditor General

    3rd.Schedule

·        Forms of Oaths and affirmations

   4th.Schedule

·        Allocate seats for each state of India in Rajya Sabha

   5th.Schedule

·        Administration and control of scheduled areas and tribes

   6th.Schedule

·        Provisions for the administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram & Arunachal Pradesh

   7th.Schedule

o   Gives allocation of powers and functions between Union & States. It contains 3 lists

1.    Union List (For central Govt) 97 Subjects.

1.    States List (Powers of State Govt) subjects

2.    Concurrent List (Both Union & States) 47 subjects.

    8th.Schedule

·        List of 22 languages of India recognized by Constitution

1. Assamese

2. Bengali

3. Gujarati

4. Hindi

5. Kannada

6. Kashmiri

7. Manipuri

8. Malayalam

9. Konkani

10. Marathi

11. Nepali

12. Oriya

13. Punjabi

14. Sanskrit

15. Sindhi

16. Tamil

17. Telugu

18. Urdu

19. Santhali

20. Bodo

21. Maithili

22. Dogri

·        Sindhi was added in 1967 by 21 Amendment

·        Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment

   9th.Schedule

·        Added by the Ist amendment in 1951. Contains acts & orders related to land tenure, land tax, railways, industries.{Right of property, not a fundamental right now}

  10th.Schedule

·        Added by 52nd amendment in 1985. Contains provisions of disqualification of grounds of defection

   11th.Schedule

·        By 73rd amendment in 1992. It contains provisions of Panchayati Raj.

   12th.Schedule

·        By 74thamendment in 1992. It contains provisions of Municipal Corporation.

 

Part

Subject

Articles

Part I

The Union and its territory

Art. 1 to 4

Part II

Citizenship

Art. 5 to 11

Part III

Fundamental Rights

Art. 12 to 35

Part IV

Directive Principles

Art. 36 to 51

Part IVA

Fundamental Duties

Art. 51A

Part V

The Union

Art. 52 to 151

Part VI

The States

Art. 152 to 237

Part VII

Repealed by Const. (7th Amendment) Act, 1956

Part VIII

The Union Territories

Art. 239 to 242

Part IX

The Panchayats

Art. 243 to 243O

Part IXA

The Municipalities

Art. 243P to 243ZG

Part IXB

The Co-operative Societies

Art. 243ZH to 243ZT

Part X

The Scheduled and Tribal Areas

Art. 244 to 244A

Part XI

Relations between the Union and the States

Art. 245 to 263

Part XII

Finance, Property, Contracts and Suits

Art. 264 to 300A

Part XIII

Trade, Commerce and Intercourse within the Territory of India

Art. 301 to 307

Part XIV

Services under the Union and the States

Art. 308 to 323

Part XIVA

Tribunals

Art. 323A to 323B

Part XV

Elections

Art. 324 to 329A

Part XVI

Special provisions relating to certain classes

Art. 330 to 342

Part XVII

Official Language

Art. 343 to 351

Part XVIII

Emergency Provisions

Art. 352 to 360

Part XIX

Miscellaneous

Art. 361 to 367

Part XX

Amendment of the Constitution

Art. 368

Part XXI

Temporary, Transitional and Special Provisions

Art. 369 to 392

Part XXII

Short title, commencement, authoritative text in Hindi and repeals

Art. 393 to 395

 

Borrowing Bag:

 

The Indian Constitution is called a borrowing Bag, as it contains certain features

borrowed from different countries and details of those are given in the table below:

S.No

Countries

Borrowed Features of Indian Constitution

1.

Australia

  • Concurrent list
  • Freedom of trade, commerce and intercourse
  • Joint-sitting of the two Houses of Parliament

2.

Canada

  • Federation with a strong Centre
  • Vesting of residuary powers in the Centre
  • Appointment of state governors by the Centre
  • Advisory jurisdiction of the Supreme Court

3.

Ireland

  • Directive Principles of State Policy
  • The nomination of members to Rajya Sabha
  • Method of election of the president

4.

Japan

  • Procedure Established by law

5.

Soviet Union (USSR) (now, Russia)

  • Fundamental duties
  • The ideal of justice (social, economic and political) in the Preamble

6.

UK

  • Parliamentary government
  • Rule of Law
  • Legislative procedure
  • Single Citizenship
  • Cabinet system
  • Prerogative writs
  • Parliamentary privileges
  • Bicameralism

7.

US

  • Fundamental rights
  • Independence of judiciary
  • Judicial review
  • Impeachment of the president
  • Removal of Supreme Court and High Court judges
  • Post of vice-president

8.

Germany (Weimar)

  • Suspension of Fundamental Rights during emergency

9.

South Africa

  • Procedure for 
  • Election of members of Rajya Sabha

10.

France

  • Republic
  • Ideals of liberty, equality and fraternity in the Preamble

 

 

 

 

= Originally there were 7 Fundamental Rights. Now, the right to property was removed, the right to property was initially present in the Indian constitution under part III: Fundamental right, Article 31 but it was abolished by 44th Amendment Act,1978. Initially, it was made a fundamental right to provide protection of property and give legality of land to the people living in newly independent India. These are enshrined in Part III (Articles 12 to 35) of the    Constitution of India.

=>

Particulars

Fundamental Duties

Covered

Part IV A, Article 51 –A

Borrowed from

USSR

Amendment

42nd Amendment 1976, introduced Article 51 A in the constitution

Recommended by

Swaran Singh Committee.

umbers

Originally -10 duties
Now -11 duties (added bye 86
th

List of Fundamental Duties

1.    

2.    

3.    

4.    

5.    

6.    

7.    

8.    

9.    

10.                   

11.                   

 







 

 

 












 

=>President:

Qualification:  Must be a citizen of India, should have complete the age of 35 years, Eligible to be a member of Lok sabha, Must not hold any Government Post (Exceptions: President, Vice-president, Governor of any state, minister of any state or Union.)

Election:   Elected indirectly through

Term & Emolutions: This office bearer has a term of 5 years. Can resign to Vice-President. Salary:  ₹500,000 (US$7,000) + Other allowances fixed to President of India.

Impeachment:  can be impeached on the ground of violation of the constitution. The impeachment procedure can be initiated in any house of Parliament.

Vacancy: In the case of office falls vacant due to death, resignation, or removal, the vice president acts as president. If he is not available, then CJI, if even not available then senior-most judge of the Supreme court will act as the President.

Powers

·Appoints PM, Union Ministers, CJI & other Judges of Supreme court & High courts, CM & members of UPSC, Comptroller & Auditor-General, Chief Election Commissioner & other members of Election commission, State governors, Members of Finance Commission, Ambassadors Etc.

·Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha.

·Nominates 12 members to Rajya Sabha, 2 members of the Anglo-Indian community if they don’t have adequate representation in Lok Sabha.

·Can declare Emergency.

·Is the supreme commander of Army, Navy & Air Force.

·Represents country in International Forums, Sends ambassadors & receives diplomats. International treaties & agreements are concluded on his behalf. 
=>Vice-President:
·       Elected by both the houses (Electoral College) in accordance with the system of proportional representation through a single transferable vote being secret
      Can be removed by 2/3 majority of Rajya Sabha & likewise agreed by Lok Sabha.
·       Is the Ex-Officio Chairman of Rajya Sabha [
·       All bills, resolution, motion can be taken in Rajya Sabha after his consent.
·       Can discharge the function of the president if the post falls vacant [For maximum 6 months].

=>

1.Real Executive authority in Indian Political System.

2.Gets the same salary as other MPs. Besides, he gets some more allowances.

 

3.All the powers of the President are actually the power of PM.

 

 

=> It consists of Prime-Minister & his ministers. There are 3 types of Ministers, viz. 
1.Minister of  Cabinet Rank:  Real policymakers, All cabinet meeting are not attended by other ministers but Cabinet Minister only.

2.Minister of state: can have an independent charge or attached to a cabinet minister.

3.Deputy Minister: don’t hold an independent charge.

A person can remain a minister without being a member of either house up to 6 months.

=>
    Lok Sabha:

     Its maximum strength is 550 + 2 [530 from States, 20 from UTs + 2 nominated]; The maximum number of 80 seats of Lok Sabha has been allocated to Uttar Pradesh. Qualification: Citizen of India, at least 25 years of age, should hold no office of Profit. No unsound mind/ insolvent. Be registered as a voter in any Parliamentary Constituency. Presiding Officer is Speaker( in his absence Deputy Speaker). Members elect speaker among - themselves. Very 1st speaker of Lok Sabha was G.V. Mavalankar (15.05.1952- 07.02. 1956)

    Rajya Sabha:

 

      Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.  The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art, and social service. The allocation of seats is made based on the population of each State. The Fourth Schedule to the Constitution provides for the allocation of seats to the States and Union Territories in Rajya Sabha. Max. no. of seats are allocated to Uttar Pradesh as 31 in No.


*Ø  of India with other 33 Judges
*

   [With a huge backlog of cases in the top court, the government had recently increased the strength of its judges from 31 to 34,  including   the Chief Justice of India & 33 other Judges]

 

=>Judiciary System in India:

Writs under the Indian Constitution: The constitution of India identifies the following “five kinds of writs”:  

Ø  Habeas corpus    Ø  Prohibition      Ø  Certiorari   Ø  Mandamus     > Quo warrant

     Type of Writs

    Meaning of the word

Purpose of issue

      Habeas Corpus

     You may have the body

     To release a person who has been detained unlawfully whether in prison or in private custody.

       Mandamus

    we Command

     To secure the performance of public duties by a lower court, tribunal or public authority.

      Certiorari

      To be certified

      To quash the order already passed by an inferior court, tribunal or quasi-judicial authority.

       Prohibition

-

    To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try.

      Quo Warranto

     What is your authority?

     To restrain a person from holding a public office which he is not entitled.

  

5 Writs in Indian Constitution:  1.Habeas Corpus 2. MANDAMUS 3. PROHIBITION 4. CERTIORARI 5. Quo Warranto 

Amending the Constitution: 

Recently, The need of one nation,one election is seen imperative, as the vast extent of country & its division in Federal units lead to the continuous ongoing of Electrol process, that means hampering the proper functioning and proper implementation of development Plans. Hence, the principle of "One nation , one election" is being advocated. These is the concept, for & against views: 

 

=>India’s National Insignia:

 

§National Emblem: The state emblem of India is an adaption from the Sarnath Lion, Capital of Ashoka the emperor as preserved in the Sarnath Museum. The words “Satyamev Jayte  from the Mundaka Upanishad meaning “Truth only truiphs”  are inscribed below the Abacus in Devanagari Script

§The National Flag: The national flag is horizontal Tri-Color of Deep Saffron (Kesari) at the top, white in the middle & the dark green at the bottom in equal proportion, In the center of the white band is a wheel, in navy Blue, its design is that of the wheel which appears on the abacus of the Sarnath lion capital of Ashoka. Its diameter approximates the width of the white band. It has 24 spokes. Its design was adopted by Constituent Assembly of India on 22nd July 1947, Its use & display are regulated by a code.
 §National Anthem: Ravindernath Tagore’s song “Jan Gana Mana” was adopted by the constituent assembly as the National Anthem of India on 24“Vande Mataram” the national song honor.