Documente Academic
Documente Profesional
Documente Cultură
Government of India Act of 1858 : abolishment of East India Company (Company Rule)
and transfer of powers to British Crown ; created Secretary of State of India ; Reaffirmed
open competition; Act for the good Govt. of India
Indian Councils Act of 1861 : introduction to representative institutions ; legislative
devolution ; Portfolio System; Process of decentralization began; issue ordinances
Indian Councils Act of 1892 : introduced concept of ‘elections’ but the word wasn’t used
Indian Councils Act of 1909 : Morley-Minto Reforms – separate electorate; Lord Minto-
Father of Communal electorate ; legalized communalism
Government of India Act of 1919 : Introduction of (partially) responsible Govt. to India
; Montagu-Chelmsford Reforms- introduced “bicameralism”(i.e. division of central
legislature in 2 houses) & “Dyarchy”(dual govt. or division of subjects delegated to the
provinces in 2 categories-transferred & reserved subjects); Central public Service
commission was established
Government of India Act 1935 : All-India Federation ; division of powers b/w Centre &
units in 3 lists: Federal List, Provincial List and Concurrent List ; Residuary powers given
to Viceroy ; Provincial autonomy; Introduction of responsible Govts. in provinces ;
abolishment of Dyarchy in provinces ; Adoption of Dyarchy at Centre; established RBI &
Federal Court
Indian Independence Act of 1947 : Mountbatten Plan (India-Pak partition) ; End of
British Rule in India
CHAPTER-2
Making of the Constitution
Cripps Proposal – “August Offer” of 1940 by Sir Stafford Cripps agreed to Jawaharlal’s
request of formation of a Constituent Assembly to frame Constitution of India based on
adult franchise BUT it was rejected by Muslim League which demanded 2 separate
Constituent Assemblies for India & Pakistan
The 1st session of Constituent assembly of India was held in Dec 9, 1946. Muslim League
boycotted it ; Dr. Sachchidayananda Sinha was elected as temporary President of Assembly
(French practice); Dr. Rajendra Prasad was elected as president & 2 vice-presidents were
H.C. Mukherjee & V.T. Krishnamachari.
Dr. B.R. Ambedkar – Father of the Constitution ; Chief Architect of the Constitution ;
“Modern Manu”
2. Constitution of India:
The Constitution of India was adopted on Jan 26, 1949 and was effective on 1950.
Jan 26 – a special date bec. “Purna Swaraj” was gained on this date in 1930.
3. Composition of the Constituent Assembly of India (Mains oriented-less likely to come)
CHAPTER-3
Salient Features of the Constitution
Preamble
25 parts
465 Articles
12 Schedules (9th, 10th, 11th & 12th Schedules were added by Constitution
Amendment Acts)
2. Drawn from various sources:
Structural Part – from
o Government of India Act,1935 – Federal scheme; Office of governor; PSC;
Judiciary; Emergency provisions
Sayings on Federalism:
1. K.C Wheare – “Indian Constitution established a unitary state with subsidiary federal
features rather than federal state with subsidiary unitary features.”
He also stated it as “federal in form but unitary in spirit” or “quasi-federal” bec. It gives
more powers to Central Govt. than to the state Govts.
2. Ivor Jennings – “a federation with a centralizing tendency”
3. Morris Jones – “bargaining federalism”
4. Granville Austin – “co-operative federalism”
5. Parliamentary form of Government: There are 2 types of Govts.
I. Presidential system:
Based on the doctrine of separation of powers b/w the 2 organs.
Eg. American Presidential System
II. Parliamentary system:
It is also known as ‘Westminster’ model of Govt.
Based on principle of cooperation & coordination b/w executive & legislative
organs.
Eg. British Parliamentary system
Features of Parliamentary Govt. are :
a. Nominal & Real Executives (i.e. de jure & de facto executives)
b. Independent judiciary
c. Majority party rule
d. Collective responsibility of executive to legislature
e. Membership of ministers in legislature
f. Leadership of PM or CM
g. Dissolution of Lower House/ Lok Sabha or Assembly
India has adopted a synthesis of Parliamentary Sovereignty (British) & Judicial Supremacy
(America) :
a) Judicial Supremacy (India) – SC can declare parliamentary laws as unconstitutional
through its power of judicial supremacy.
b) Parliamentary Sovereignty (India) – Parliament can amend major portion of
Constitution through its constituent power.
7. Integrated & Independent Judiciary:
It was added by 42nd Constitutional Amendment Act & wasn’t originally a part of
constitution.
Part IV-A of Constitution – Article 51-A specifies 11 Fundamental Duties
It was incorporated on recommendation of Swaran Singh Committee
It contains a provisions like:
to uphold & protect the Sovereignty, Unity & Integrity of India
to respect the Constitution, national flag & national anthem
promote the spirit of common brotherhood amongst all the people
preserve the rich heritage of our composite culture
11. A Secular State:
It doesn’t uphold any particular religion as the official religion of the Indian State.
Term “secular” was added to Preamble by 42nd Amendment Act, 1976.
Articles (14–16, 25–30 & 44)
12. Universal Adult Franchise:
Indian Constitution is federal & has a dual polity (Centre & State) & provides for single
citizenship.
In USA, a citizen is not only a citizen of USA but also a citizen of the particular state to which
he belongs.
14. Independent Bodies:
They are known as the bulworks of democratic system of Govt. These are:
a) Election Commission
b) Comptroller & Auditor-General of India
c) UPSC
d) SPSC
15. Emergency Provisions:
73rd & 74th Amendment acts added a third-tier of Govt. – Local Govt.
73rd Amendment Act – Added Part IX i.e Panchayats
74th Amendment Act – Added Part IX-A & Schedule 12 i.e Municipalities (Urban Local Govt.)
17. Co-operative Societies:
Criticism of Constitution:
a) Borrowed Constitution
b) Carbon copy of 1935 Act
c) Un-Indian / Anti-Indian
d) Un-Gandhian Constitution
e) Elephantine Size
f) Paradise of Lawyers
SCHEDULES:
First Schedule – Lists the names of states & specifies their territories
Second Schedule – Provisions as to the Speaker & Deputy Speaker of State Legislative
Assemblies
Third Schedule – Forms of affirmations
Fourth Schedule – It allocates seats in the Council of States/ Upper House/ Rajya sabha
Fifth & Sixth Schedule – are made in order to protect the interests of Scheduled Tribes (STs)
Fifth Schedule – Administration & control of scheduled areas & scheduled tribes
Sixth Schedule – Administration of tribal areas in states of Assam, Meghalaya, Tripura &
Mizoram
Ninth Schedule – was added by First Amendment; Validation of certain acts
Tenth Schedule – Disqualification on grounds of defection; Anti-defection Law
Twelfth Schedule – Powers, authority & responsibilities of municipalities
PARTS:
Part IX – of the Indian Constitution contains provisions for Panchayats & was inserted by
73rd Constitutional Amendment Act,1992
Part IX-A – of the Indian Constitution contains provisions for municipalities & was inserted
by 74rd Constitutional Amendment Act,1992 ; Article 243-W envisages 3 types of
municipalities- Municipal Council, Municipal Corporation & Nagar Panchayat (Confirm it)
MAINS:
Q. Indicate the provisions of Indian Constitution relating to Secularism. (3)
Q. Describe the non-federal features of the Council of States. (20)
Q. Write any 4 fundamental duties prescribed in the Constitution of India? (3)
Q. What is a Constitution? What are the main sources of the Indian Constitution? (15)
Q. Though the federal principle is dominant in our Constitution & that principle is one of its
basic features, but it is equally true that federalism under the Indian Constitution leans in
favour of a strong Centre, a feature that militates against the concept of strong federalism.
Discuss. (12 ½)
Q. “The Indian Constitution is federal in form but unitary in spirit”. Discuss. (Long ans. Ques.)
Q. What is ‘Sovereignty of Parliament’? Is Indian Parliament a sovereign body? (Short ans.
Ques.)
Q. Is the Constitution of India flexible or rigid? (V. short answer ques.)
Q. What are the protections afforded to Scheduled tribes in the Fifth Schedule of the Indian
Constitution? (2)
CHAPTER-4
Preamble of the Constitution
MAINS:
Q. What is the significance of a Preamble to a constitution? Bring out the philosophy of the Indian
polity as enshrined in the Preamble of the Indian Constitution. (15)
Q. Explain the ideals contained in the Preamble of the Indian Constitution. (Short ans. Question)
Q. Discuss how the Constitution of India provides equal rights. (15)
CHAPTER-5
Union and its territory
Article 1: India, that is Bharat is a ‘Union of States’ rather than a ‘Federation of States’
3 categories of territory of India:
i. Territories of the states: Distribution of powers with the Centre
ii. Union Territories: Directly administered by Central Govt.
iii. Acquired territories by GoI: Directly administered by Central Govt.
India can also acquire foreign territories: through modes recognized by international law:
a) Cession
b) Occupation
c) Conquest or
d) Subjugation
E.g. India acquired foreign territories such as:
1) Dadra & Nagar Haveli
2) Goa
3) Daman &Diu
4) Puducherry
5) Sikkim
Berubari Union (West Bengal): Decision of Central Govt. to cede a part of territory known as
Berubari Union to Pakistan created a controversy if power of Parliament to diminish area of
a state (Article 3) also include the power to cede Indian Territory to a foreign country.
Decision: Supreme Court held that Article 3 doesn’t cover cession of Indian territory to a
foreign country & it can be ceded only by Article 368.
100th Constitutional Amendment Act, 2015: India transferred 111 enclaves to Bangladesh
while Bangladesh transferred 51 enclaves t India. It modified provisions relating to
territories of 4 states in First Schedule of Constitution:
i. Assam
ii. West Bengal
iii. Meghalaya &
iv. Tripura
INDIA-BANGLADESH HISTORY:
Radcliffe Award, 1947: India-East-Pakistan land boundary of approx. 4096.7km was
determined.
Bagge Award, 1950: Was formed to resolve the disputes under Radcliffe Award.
Nehru-Non Agreement, 1958: Was formed to resolve the disputes under Bagge
Award for division of Berubari Union. This was challenged before SC.
9th Constitutional Amendment Act, 1960: This act was passed by Parliament to
comply with SC’s opinion. But it couldn’t be notified in respect of territories in
former East Pak (present Bangladesh).
Land Boundary Agreement: Agreement b/w India & Bangladesh concerning land
boundary & related matters.
Dhar Commission:
Linguistic Provinces Commission, June 1948: Headed by SK Dhar, commission
was formed by GoI to examine the feasibility of reorganization of states on
linguistic basis.
Suggestion: Reorganization of states on basis of administrative convenience than
linguistic factor.
JVP Committee:
Linguistic Provinces Commission, Dec 1948: Now headed by Jawaharlal Nehru,
Vallabhai Patel & Pattabhi Sitaramayya.
Suggestion: Rejected language based reorganization of states.
RESULT: In 1953, 1st linguistic state Andhra was created by separating Telugu speaking areas
from Madras.
v. 1963 – NAGALAND
Till 1961, it was under the control of governor of Assam. But there was a hostile
movement by Nagas.
Nagaland- was formed by taking Naga Hills & Tuensang area out of the Assam state.
(16th state)
x. 1975 – SIKKIM
Till 1947- Sikkim was an Indian princely state ruled by Chogyal.
1947- After lapse of British, it became a ‘protectorate’ of India, whereby GoI took
responsibility of its defence, external affairs & communications.
1974- 35th Constitutional Amendment Act was passed & it was made an ‘associate
state’ of Indian Union. Article 2A & Schedule 10 were inserted for this purpose.
Sikkim- In 1975, a referendum voted for abolishment of Chogyal. By 36th
Constitutional Amendment Act, Sikkim became a full-fledged state of India. This led
to amendment of Schedules 4 & 5, inserted Article 371-F for special provisions related
to administration, repealed Article 2A & Schedule 10. (22nd state)
xi. 1987 – MIZORAM, ARUNACHAL PRADESH, GOA & UT DAMAN & DIU
Change of Names:
The Treaty of Yandabu/ Yandabu Accord – brought peace after the First Anglo Burmese War.
It was signed on February 24, 1826. Treaty was signed between East India Company and King
of Ava (Ava was capital of Burma). As per this treaty: Assam, Manipur, Arakan, Taninthai
were ceded to British.
State of Bilaspur – Himachal Pradesh
MAINS:
Q. How are the new states formed in India? Why are the demands of separate states like those
of Vidarbha, Telangana etc. not been considered by the Govt. recently? (20)
Q. What are the constitutional provisions with respect to reorganization of states? (Short ans.
Ques.)