Features, Amendments and Significant provisions of Indian Constitution

Amendments

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 two-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
AmendmentEnforced onObjectives
1.1951To 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 Fundamental Rights. These laws encroach upon property rights, freedom of speech and Equality before law.
2.1953A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
3.1955LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
4.1955Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5.1955Provides 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.
6.1956Amend the Union and State Lists with respect to raising of taxes.
7.1956Reorganization of States on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8.1960Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
9.1960Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10.1961Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11.1961Election 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.
12.1961Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13.1963Formation of State of Nagaland, with special protection under Article 371A.
14.1962Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15.1963Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
16.1963Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17.1964To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
18.1966Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19.1966Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20.1966Indemnify & 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.
21.1967Include Sindhi as an Official Language.
22.1969 

Provision to form Autonomous states within the State of Assam.

23.1970Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24.1971Enable parliament to dilute fundamental rights through amendments to the constitution.
25.1972Restrict property rights and compensation in case the state takes over private property.
26.1971Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27.1972Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28.1972Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29.1972Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30.1973Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31.1973Increase 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.
32.1974Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
33.1974Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34.1974Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35.1975Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36.1975Formation of Sikkim as a State within the Indian Union.
37.1975Formation of Arunachal Pradesh legislative assembly.
38.1975Enhances the powers of President and Governors to pass ordinances
39.1975Amendment 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.
40.1976Enable 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.

41.1976Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
42.1977Amendment 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.
43.1978Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44.1979Amendment 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.
45.1980Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46.1983Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47.1984Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48.1985Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49.1984Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50.1984Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and Communication Infrastructure-2/”>INFRASTRUCTURE.
51.1986Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52.1985Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53.1987Special provision with respect to the State of Mizoram.
54.1986Increase the salary of Justice-of-india/”>Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55.1987Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56.1987Transition provision to enable formation of state of Goa.
57.1987Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58.1987Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59.1988Article 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.
60.1988Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
61.1989Reduce age for voting rights from 21 to 18.
62.1989Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63.1990Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64.1990Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65.1990National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
66.1990Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67.1990Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68.1991Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69.1992To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70.1991Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71.1992Include Konkani, Manipuri and Nepali as Official Languages.
72.1992Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73.1993Statutory provisions for Panchyat Raj as third level of administration in villages.
74.1993Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
75.1994Provisions for setting up Rent Control Tribunals.
76.1994Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77.1995A technical amendment to protect reservation to SC/ST Employees in promotions.
78.1995Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79.2000Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80.2000Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81.2000Protect SC / ST reservation in filling backlog of vacancies.
82.2000Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83.2000Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84.2002Extend the usage of 1991 national census Population figures for statewise distribution of parliamentary seats.
85.2002A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86.2002Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87.2003Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88.2004To extend statutory cover for levy and utilization of Service Tax.
89.2003The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90.2003Reservation in Assam Assembly relating to Bodoland Territory Area.
91.2004Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92.2004Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
93.2006Reservation for OBCs in government as well as private educational institutions
94.2006To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95.2010Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
96.2011Changed “Oriya” in the Eighth Schedule to “Odia.
97.2012, Jan 12Right 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 2To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

(To insert Article 371J in the Constitution)

 

Structure

 

Parts of Constitution
PartArticlesDeals with
11-4The Union and its Territory
25-11Citizenship-2/”>Citizenship
312-35Fundamental Rights
436-51Directive Principles of State Policy
4A51AFundamental Duties
552-151The Union
6152-237The States
7238Repealed
8239-242The Union Territories
9243A-OThe Panchayats
9A243P-ZGThe Municipalities
10244-AThe Scheduled and Tribal Areas
11245-263The relation between Union and States
12264-300AFinance, Property, Contracts and Suits
13301-307Trade, Commerce and Intercourse within the territory of India
14308-323Services under The Union and The States
14A323A-BTribunals
15324-329AElections
16330-342Special provisions relating to SCs, STs, OBCs and Anglo-Indians
17342-351Official Language
18352-360Emergency Provisions
19361-367Miscellaneous
20368Amendment of the Constitution
21369-392Temporary, Transitional and Special Provisions
22393-395Short title, Commencement, Authoritative text in hindi and repeals

 

Schedules of Constitution
ScheduleArticlesDeals with
11,4The States and The Union Territories. (28 states, 7 union territories)
259,65,75,97,125,148,158,164,186,221Emoluments, allowances and Privileges.

 

375,84,99,124,146,173,188,219Oaths of ministers and judges.

Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC.

44,80Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated)
5244Administration and control of Scheduled areas and scheduled tribes.
6244,275Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura.
7246Distribution of Power : Union list(99), State list(61) and Concurrent list(52).

Union list:

8344,351Languages.

Originally 14, currently 22.

Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi,

Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu.

21st amendment: Sindhi. (1967)

71st amendment: Konkani, Manipuri, Nepali. (1992)

92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004)

931BValidation of certain Acts and Regulations.

Introduced by 1st amendment (1951) to protect from Judicial Review.

Laws made after April 24, 1973 are open for judicial review now.

284 laws includes state laws on Land reforms.

10102,191Anti-Defection Law (52nd amendment)
11243GPowers and Responsibilities of Panchayats (73rd amendment)
12243WPowers and Responsibilities of Municipalities (74th amendment)

 

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.

 

Provisions

Emergency Provisions in the Constitution of India

The Emergency Provisions are mentioned from Article 352 to Article 360.

?      Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

?      Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

?      Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

?      Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

?      Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

?      Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

?      Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

?      Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

?      Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to Money bills and other Financial Bills passed by the State Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

 

Special Provisions Relating to Certain Classes

The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342.

?      Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People – this Article states that a certain number of seats should be reserved in the House of the People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of autonomous Assam districts should match the total number of seats allotted in the House of the People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union Territory should be proportional to the total number of seats reserved for such state or Union Territory in the house of the People.

?      Article 331: Representation of the Anglo-Indian Community in the House of the People – it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community.

?      Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States – This Article of the Constitution states that a definite number of seats in every state’s Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes category of Assam state cannot contest the Legislation Assembly election from any of the constituencies of the districts of the state. Also, all areas outside the periphery of the districts of Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total seats alloted to the state Legislative Assembly of Assam should be in proportion of the total population and the share of the SC/ST in such population.

 

As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the total number of seats assigned in the Assembly as the total population of the SC/STs in that state with respect to the total state population.

In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act 1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state.

The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of Tripura state should be proportional to the total number of existing seats in the Assembly. As per the Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura shall not be less than the total number of seats already available in the Assembly.

 

?      Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States – according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly.

?      Article 334: Reservation of seats and special representation to cease after 289A – This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly.

?      Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts – The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective of the provisions mentioned in this Article.

?      Article 336: Special provision for Anglo-Indian community in certain services – as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947. It is also specified that in every two years the total number of seats allotted to the Anglo-Indian community in different services and posts will go down by 10%. The Article states that these provisions will become ineffective after 10 years of the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a candidate of the concerned community is eligible for any post other than the ones mentioned above then he will be selected with immediate effect.

?      Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community – the provisions of this Article deal with the fact that grants to the Anglo-Indian community shall be offered in the first three years of the enactment of the Constitution following the same rules made on 31st March 1948. It is also stated that the amount of such grants will reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only when at least 40% of the admissions in educational units belong to communities other than Anglo-Indians, such grants will be offered to the said community.

?      Article 338: National Commission for Scheduled Castes and Scheduled Tribes – This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should include a Chairperson, Vice-Chairperson and other members all of whom are elected by the President of India. The Commission, according to the Article, has the power to investigate all matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power by summoning any person from any part of the nation to interrogate him regarding a particular issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every year by the Commission.

?      Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes – the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution’s enactment. The various procedures and powers of the commission are to be included in the said Order. Planning and execution of various schemes pertaining to the development of the Schedule Tribes included in the executive power of the Union is also mentioned in the Article.

?      Article 340: Appointment of a Commission to investigate the conditions of backward classes – this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. This Commission is also supposed to recommend any state or union the necessary steps through which the underprivileged classes can improve their social and economic status. On the basis of the investigation done, the Commission shall submit a report to the President of India. The President, in turn, shall present such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe the necessary steps to be taken to develop the condition of the backward classes.

?      Article 341: Scheduled Castes – this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. The president can do the same by issuing a public notification. However, the Parliament of India can, by law, accept or reject the list containing the Scheduled Caste groups.

?      Article 342: Scheduled Tribe – a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice. The President consults with the Governor of the concerned state or Union Territory before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for declaration of the Scheduled Tribe can be saved by the Parliament.

 

Other provisions

 

Article 369 {Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List}

Article 370 {Temporary provisions with respect to the State of Jammu and Kashmir}

Article 371 {Special provision with respect to the States of Maharashtra and Gujarat}

Article 371A {Special provision with respect to the State of Nagaland}

Article 371B {Special provision with respect to the State of Assam}

Article 371C {Special provision with respect to the State of Manipur}

Article 371D {Special provisions with respect to the State of Andhra Pradesh}

Article 371E {Establishment of Central University in Andhra Pradesh}

Article 371F {Special provisions with respect to the State of Sikkim}

Article 371G {Special provision with respect to the State of Mizoram}

Article 371H {Special provision with respect to the State of Arunachal Pradesh}

Article 371I {Special provision with respect to the State of Goa}

Article 372 {Continuance in force of existing laws and their adaptation}

Article 372A {Power of the President to adapt laws}

Article 373 {Power of President to make order in respect of persons under Preventive Detention in certain cases}

Article 374 {Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council}

Article 375 {Courts, authorities and officers to continue to function subject to the provisions of the Constitution}

Article 376 {Provisions as to Judges of High Courts}

Article 377 {Provisions as to Comptroller and Auditor-General of India}

Article 378 {Provisions as to Public Commissions}

Article 378A {Special provisions as to duration of Andhra Pradesh Legislative Assembly}

 


 ,

The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain fundamental rights to all citizens, such as the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Indian Constitution has been amended 104 times since it was adopted. The first amendment was passed in 1951, and the most recent amendment was passed in 2019. The amendments have been made to address various issues, such as the language issue, the reservation issue, the emergency issue, and the religious issue.

The Preamble to the Indian Constitution is the most important provision of the Constitution. It states the objectives of the Indian Constitution. The Preamble states that India is a sovereign, socialist, secular, democratic republic. It also states that India is a union of states, and that justice, Liberty, equality, and Fraternity are the principles that the Constitution should uphold.

The Fundamental Rights are the basic rights of the citizens of India. They are guaranteed by the Constitution, and no law can be made that violates these rights. The Fundamental Rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Fundamental Duties are the obligations of the citizens of India. They are also guaranteed by the Constitution, and every citizen is expected to fulfill these duties. The Fundamental Duties include the duty to respect the Constitution and the laws of the country, the duty to protect and defend the country, the duty to promote harmony and the spirit of common brotherhood amongst all the people of India, the duty to renounce practices derogatory to the dignity of Women, the duty to protect and improve the natural Environment, and the duty to develop scientific temper, humanism and the spirit of inquiry and reform.

The Directive Principles of State Policy are the principles that the government should follow in making laws. They are not enforceable by courts, but the government is expected to follow them in making laws. The Directive Principles include the principles of justice, social, economic and political, the principle of equality, the principle of non-discrimination, the principle of freedom, the principle of fraternity, the principle of Secularism-2/”>Secularism, the principle of Economic Development, and the principle of social justice.

The President of India is the head of state of India. The President is elected by an electoral college consisting of the members of both Houses of Parliament and the legislative assemblies of the states. The President holds office for a term of five years.

The Prime Minister of India is the head of government of India. The Prime Minister is appointed by the President, and is usually the leader of the party or coalition that has a majority in the Lok Sabha, the lower house of Parliament. The Prime Minister holds office at the pleasure of the President.

The Parliament of India is the supreme legislative body of India. It consists of the President and two Houses, the Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower house, and the Rajya Sabha is the upper house. The Parliament is responsible for making laws, and for overseeing the government.

The Supreme Court of India is the highest court of India. It has original jurisdiction in cases involving the interpretation of the Constitution, and it also has Appellate Jurisdiction in cases from the High Courts. The Supreme Court is the final court of appeal in India.

The High Courts are the highest courts of the states in India. They have original jurisdiction in cases involving the laws of the states, and they also have appellate jurisdiction in cases from the lower courts. The High Courts are the final courts of appeal in the states.

The Election Commission of India is the body that conducts elections in India. It is an independent body, and is responsible for ensuring that elections are free and fair.

The Comptroller and Auditor General of India is the auditor of the government of India. It is an independent body, and is responsible for Auditing the accounts of the government.

The Reserve Bank of India is the central bank of India. It is responsible for managing the country’s currency, and for regulating the Banking system.

The Indian Constitution is a remarkable document. It has been amended many times, but it has always been able to adapt to the changing needs of the country. The Constitution has helped to make India a democracy, and it has helped to protect the rights of its citizens.

Features of the Indian Constitution

  1. The Indian Constitution is the longest written constitution in the world.
  2. It is a federal constitution, with power divided between the central government and the state governments.
  3. It is a parliamentary democracy, with the President as the head of state and the Prime Minister as the head of government.
  4. It is a secular constitution, with no state religion.
  5. It is a socialist constitution, with the goal of promoting economic and social justice.
  6. It is a democratic constitution, with the people having the right to elect their representatives.
  7. It is a republican constitution, with the head of state being an elected President.
  8. It is a written constitution, with the Fundamental Rights and Duties of citizens being enshrined in it.
  9. It is a flexible constitution, with the power to amend it being vested in the Parliament.
  10. It is a supreme constitution, with all laws made by the Parliament and the state legislatures being subject to it.

Amendments to the Indian Constitution

The Indian Constitution has been amended 104 times since it was adopted in 1950. The first amendment was passed in 1951, and the most recent amendment was passed in 2019. The amendments have been made to address a variety of issues, including the introduction of new laws, the removal of outdated provisions, and the clarification of ambiguous provisions.

Significant Provisions of the Indian Constitution

The Indian Constitution contains a number of significant provisions, including the following:

  • The Preamble: The Preamble to the Indian Constitution sets out the aims and objectives of the Constitution. It states that India is a sovereign, socialist, secular, democratic republic, and that it is committed to justice, liberty, equality, and fraternity.
  • Fundamental Rights: The Fundamental Rights are a set of rights that are guaranteed to all citizens of India. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
  • Directive Principles of State Policy: The Directive Principles of State Policy are a set of principles that the government is supposed to follow in making laws and policies. These principles include the promotion of social justice, the protection of the environment, and the promotion of economic development.
  • Fundamental Duties: The Fundamental Duties are a set of duties that are expected of all citizens of India. These duties include the duty to respect the Constitution, the duty to uphold the sovereignty and integrity of India, and the duty to promote harmony and the spirit of common brotherhood amongst all the people of India.
  • The President: The President is the head of state of India. The President is elected by an electoral college consisting of members of both houses of Parliament and the legislative assemblies of the states. The President has the power to appoint the Prime Minister and other members of the Council of Ministers, to dissolve Parliament, to declare war, and to sign treaties.
  • The Prime Minister: The Prime Minister is the head of government of India. The Prime Minister is appointed by the President and is usually the leader of the party or coalition that has the majority of seats in the Lok Sabha. The Prime Minister is responsible for the day-to-day running of the government and for the implementation of the policies of the government.
  • The Parliament: The Parliament is the supreme legislative body of India. It consists of two houses: the Lok Sabha (the House of the People) and the Rajya Sabha (the Council of States). The Lok Sabha is directly elected by the people, while the Rajya Sabha is indirectly elected by the members of the legislative assemblies of the states and the Union Territories. The Parliament has the power to make laws, to approve the budget, and to remove the government from office.
  • The Supreme Court: The Supreme Court is the highest court in India. It has the power to interpret the Constitution and to decide cases that involve disputes between the states or between the central government and the states. The Supreme Court also has the power to strike down laws that it deems to be unconstitutional.

These are just some of the features, amendments, and significant provisions of the Indian Constitution. The Constitution is a complex document, and there is much more that could be said about it. However, I hope that this brief overview has given you a basic understanding of some of the key aspects of the Constitution.

Sure, here are some MCQs on the features, amendments, and significant provisions of the Indian Constitution:

  1. The Indian Constitution is the supreme law of India. It was adopted on November 26, 1949, and came into effect on January 26, 1950.
  2. The Constitution of India is a written constitution. It is the longest written constitution in the world.
  3. The Constitution of India is a federal constitution. It divides the powers of the government between the central government and the state governments.
  4. The Constitution of India is a parliamentary democracy. The head of the government is the Prime Minister, who is elected by the members of the Lok Sabha, the lower house of the Parliament.
  5. The President of India is the head of state. He/She is elected by an electoral college consisting of members of both houses of the Parliament and the legislative assemblies of the states.
  6. The Constitution of India guarantees certain fundamental rights to all citizens of India. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
  7. The Constitution of India also provides for certain directive principles of state policy. These principles are not enforceable in a court of law, but the government is expected to follow them while making laws and policies.
  8. The Constitution of India has been amended 104 times since it came into effect. The first amendment was made in 1951, and the most recent amendment was made in 2019.
  9. The most important amendment to the Constitution of India is the 42nd amendment, which was made in 1976. This amendment gave the President of India the power to declare an emergency and suspend fundamental rights.
  10. The Constitution of India is a living document. It has been amended several times to reflect the changing needs of the country.

Here are some MCQs on the features of the Indian Constitution:

  1. The Indian Constitution is a written constitution.
  2. The Indian Constitution is a federal constitution.
  3. The Indian Constitution is a parliamentary democracy.
  4. The Indian Constitution guarantees certain fundamental rights to all citizens of India.
  5. The Indian Constitution provides for certain directive principles of state policy.
  6. The Constitution of India has been amended 104 times since it came into effect.
  7. The most important amendment to the Constitution of India is the 42nd amendment.
  8. The Constitution of India is a living document.

Here are some MCQs on the amendments to the Indian Constitution:

  1. The first amendment to the Constitution of India was made in 1951.
  2. The most recent amendment to the Constitution of India was made in 2019.
  3. The 42nd amendment to the Constitution of India is the most important amendment.
  4. The Constitution of India has been amended 104 times since it came into effect.
  5. The amendments to the Constitution of India reflect the changing needs of the country.

Here are some MCQs on the significant provisions of the Indian Constitution:

  1. The Preamble to the Constitution of India states the aims and objectives of the Constitution.
  2. The Fundamental Rights guaranteed by the Constitution of India are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
  3. The Directive Principles of State Policy are principles that the government is expected to follow while making laws and policies.
  4. The President of India is the head of state.
  5. The Prime Minister of India is the head of the government.
  6. The Parliament of India is the supreme legislative body of India.
  7. The Supreme Court of India is the highest court in India.
  8. The Indian Constitution is a living document that has been amended several times to reflect the changing needs of the country.