Regulating Act, 1773

The Act had the following provisions:

● The Regulating Act, 1773 established the office of the Governor General.
● Introduction of parliamentary control over the East India Company.
● The Governor of Bengal was made the Governor General of Bengal.
● Accordingly, Warren Hastings became the first Governor General of Bengal.
● Establishment of Governor General's Council
● Establishment of the Supreme Court for the First time at Fort William, Calcutta.
● The Diarchy was established in Bengal in 1765 AD.
● Under this arrangement, the authority of administration, revenue collection and
civil justice was with the Company and internal law and order and criminal justice
were given to the Nawab of Bengal.
● This diarchy was ended by Warren Hastings.

PITT’S India Act, 1784

● It was a Regulating Act named after the British Prime Minister William Pitt and
was passed to address the shortcomings of The Regulating Act 1773
● It distinguished between the commercial and political function of the East India
Company.
● It gave the British government supreme control over the Company’s affairs and
its administration in India.
● A Dual Control system within Company was started
➔ Board of Control:- to supervise and direct all operations of the civil and military
government i.e. Political duty
➔ Court of Directors :- to manage the commercial affairs
● This act is also important in the sense that for the first time Company’s territories
in India were called the British Possessions in India.

Charter Act, 1813

● By this act, the trade monopoly of the British East India Company in India was
ended.
● By this act, the British Parliament ended the East India Company's trade
monopoly with India, except for trade with tea and China.
 ● Through this act financial provision was made for the education of Indians.
● Christian missionaries were allowed to spread Christianity in India.

Charter Act, 1833

● By this act all the commercial rights of the Company were abolished.
● The Company's monopoly on the tea trade and trade with China was abolished.
● By this Act, the Governor General of Bengal was made the Governor General of
the whole of India.
● Lord William Bentinck was the first Governor General of India under this
provision.
● The Law Commission was set up under the chairmanship of Lord Macaulay to
codify Indian laws.

Government of India Act, 1858

● Under the Government of India Act 1858, the rule of the East India Company was
abolished and the administration of India was handed over to the British Crown.
● During this act, the 'Court of Directors' and 'Board of Control' were abolished and
in its place a 15-member council was established, whose chairman was given the
status of the Secretary of State for India.
● The British Parliament stated that a member of the British Cabinet was appointed
Secretary of State for India.
● According to this Act, the Governor General of India came to be known as the
Viceroy of India.
● Thus Lord Canning became the last Governor General and first Viceroy of India.
● Under the Act of 1858, the office of the Mughal Emperor was abolished.
● Under this Act, the office of the first Accountant General was established in India.

Indian Councils Act, 1861

● By this Act, the Governor General was given the power to issue ordinances.
● By this Act, the Viceroy's Council was given the power to make laws, under which
Lord Canning introduced the departmental system.
● Lord Canning laid the foundation of the cabinet system in a way by assigning
different portfolios to different members.
 ● Through this Act, the Viceroy's Executive Council was expanded, in which a fifth
member was included, who was a jurist.

Indian Councils Act, 1892

● The most important feature of this act is that it introduced the electoral system,
although the word election was not used.
● In this act, the powers, functions and structure of the Indian Legislative Council
were described.
● For the first time, Indian representatives were allotted seats for election to the
Indian Legislative Council under the Indian Councils Act 1892.
● Through this act, the right to express their views on the budget was given.
● In matters of public interest, the right to ask questions was also given by giving 6
days' notice.

Indian Councils Act, 1909

● It is also known as the Morley-Minto Reforms.
● Morley was the Secretary of State, while Minto was the Indian Viceroy.
● It increased the size of the legislative councils at both Central and Provincial
levels.
● It retained an official majority in the Central Legislative Council.
● It provided for the association of Indians with the executive Councils of the
Viceroy and governors.
● Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive
Council. He was appointed as the law member.
● It introduced the System of communal representation for Muslims by accepting
the “Separate electorate’’.
● Under this, the Muslim members were to be elected only by Muslims voters.
● This act legalized communalism and that is Lord Minto came to be known as
“Father of Communal Electorate".

Government of India Act, 1919

● It is called the “ Montagu-Chelmsford Reforms.
 ● Objective of this act was the gradual introduction of “Responsible
government” in India.
● It relaxed the central control over the provinces by introducing the concept
of the central and provincial subjects.
● Dyarchy System at Provincial level⇒ separation of Subjects into two parts
➔ Transferred Subjects → Administered by Governor with the aid of the
minister.
➔ Reserved Subjects → Administered by Governor with the help of
executive council.
● Introduced Bicameralism and direct election in the country.
● The Indian Legislative Council was replaced by a Bicameral legislature
consisting of the Upper house ( Council of State) and Lower House (
Legislative Assembly).
● Extended communal representation by providing a separate electorate for
Sikhs, Indian Christians, Anglo-Indians and Europeans.
● Created a new office of High Commissioner for India in London to perform
some of the function of Secretary of State.
● A Central Public Service Commission was set up in 1926 for recruiting civil
servants.
● Lloyd George was the Prime Minister of England at the time of
Montague-Chelmsford Act.

Government of India Act, 1935

● The report submitted by the Simon Commission in 1927-28 was based on
the Government of India Act 1935.
● Later this Act became the main source of the Indian Constitution.
● The Act divided the powers between the Centre and Princely units in terms
of three lists
➔ Federal List { List for Centre with 59 items}
➔ Provincial List {For provinces with 54 items }
➔ Concurrent List {for both with 36 items}
 ● Residuary powers were given to the Governor General in the Union
established by the 1935 Act.
● It abolished Dyarchy in provinces and introduced provincial autonomy.
● The provinces were allowed to act as autonomous units of administration
● It introduced Dyarchy at the Centre.
● It introduced Bicameralism in six out of eleven provinces:- Bengal, Bombay,
Madras, Bihar, Assam and the United Provinces.
● Established a Reserve Bank of India.
● It provided for a Federal Court which was established in 1937.
● Provincial elections were conducted as per the Government of India Act,
1935.
● As a result of this act, Burma was separated from India.

Indian Independence Act, 1947

● After the passage of this act, independent India's own constitutional history
started.
● According to this act, India was divided into two colonies, the Indian Union
and Pakistan.
● After 15 August 1947, the jurisdiction of the British Parliament over India
and Pakistan ended.
● There was provision for a Governor-General in each Dominion who would
be responsible for the effective administration of the Act.
● The control of the British crown over the princely states came to an end.

Constituent Assembly and Constitution Making Process

● In the year 1934, for the first time, MN Roy gave the idea of forming a Constituent
Assembly in India.
● At the level of the Indian National Congress, in May 1934, a Constituent Assembly
was officially demanded in Patna to frame the Constitution.
● In the year 1942, the Cripps Mission proposed the framing of the Constitution of
India by an elected Constituent Assembly.
 ● The Indian Constituent Assembly was formed on the basis of representative
election by the Cabinet Mission Plan, 1946.
● According to this, the members of the Constituent Assembly were to be elected
on the basis of population.
● Under this, arrangements were made for the election of one representative for
every ten lakh people.
● The total number of members of the Constituent Assembly was fixed at 389, in
which 296 seats were given to British India and 93 seats to the princely states.
● Out of 296 seats given to British India, 292 members were to be elected from 11
provinces and 4 from Chief Commissioner's provinces.
● The representatives of the princely states were to be elected by the heads of the
princely states.
● A total of 207 members participated in the first meeting of the Sabha on 9
December 1946, in which 9 were women.
● This meeting was presided over by Dr. Sachchidanand Sinha.
● On 11 December 1946, the Constituent Assembly appointed Dr. Rajendra Prasad
as the permanent President of the Constituent Assembly.
● Benegal Narasimha Rao was appointed advisor to the Constituent Assembly.
● Jawaharlal Nehru presented the 'Objectives Resolution' in the Constituent
Assembly on 13 December 1946.
● On 3 June 1947, a separate Constituent Assembly was formed for Pakistan under
the Mountbatten Plan, due to which the number of members of the Indian
Constituent Assembly decreased to 299.
● It took a total of 2 years 11 months 18 days to prepare and adopt the Indian
Constitution.
● A total of 11 sessions were held during this period. The constitution was adopted
on 26 November 1949, the last day of the 11th session.
● The Constitution of India was signed by the Constituent Assembly on 24 January
1950 by all the members (total 284 members).
● The total number of women members in the Constituent Assembly of India was
15.

Important personalities Related with Constituent Assembly

Role/Position Person
Temporary Chairman of the Constituent Assembly Dr. Sachchidanand Sinha

Permanent Chairman of the Constituent Assembly Dr. Rajendra Prasad

Advisor to the Constituent Assembly Benegal Narsing Rau

Main Calligrapher of the Indian Constitution Prem Behari Narayan Raizada

Decorator of the original Hindi version of the

Nandalal Bose
Constitution

Chief Draftsman of the Constituent Assembly L.N. Mukherjee

Important Date

22 July 1947 National flag adopted

24 January 1950 National anthem adopted

24 January 1950 National anthem adopted

24 January 1950 Dr. Rajendra Prasad was elected the first President of India

26 November 1949 Preamble adopted

26 January 1950 Constitution of India came into force

Q. How many Sessions of the Indian Constituent Assembly were conducted for the
formulation of the Indian Constitution?
भारतीय संविधान के निर्माण के लिए भारतीय संविधान सभा के कितने सत्र आयोजित किए गए
थे?
(a) 7
(b) 11
(c) 12
(d) 15
Ans: b
Q.Members of Constituent Assembly were:
संविधान सभा के सदस्य थे:
(a) Elected by provincial assemblies / प्रांतीय विधानसभाओं द्वारा चन
ु े गए
(b) Elected directly by the people / लोगों द्वारा सीधे चन
ु े गए
(c) Nominated by government / सरकार द्वारा मनोनीत
(d) Represented only by the princely state / केवल रियासत द्वारा प्रतिनिधित्व
Ans: a)

Q. How much time did the Constituent Assembly take to frame the Constitution of India
?
संविधान सभा को भारत के संविधान को बनाने में कितना समय लगा?
(a) 2 years 7 months 23 days / 2 साल 7 महीने 23 दिन
(b) 2 years 11 months 18 days / 2 साल 11 महीने 18 दिन
(c) 3 years 4 months 14 days / 3 साल 4 महीने 14 दिन
(d) 3 years 11 months 5 days / 3 साल 11 महीने 5 दिन
Ans: b

Q. Who presided over the first meeting of the Indian Constituent Assembly?
भारतीय संविधान सभा की पहली बैठक की अध्यक्षता किसने की?
(a) Dr. Rajendra Prasad / डॉ राजेंद्र प्रसाद
(b) Sachchidananda / सच्चिदानंद
(c) B.R. Ambedkar / बी.आर. अम्बेडकर
(d) H.V. Kamath / एच.वी. कामत
Ans: b
 THE CONSTITUTION OF INDIA

❖ Constitution – The Constitution is a set of Fundamental Principles, according to which state or

other organization is governed.
❖ The constitution of India was adopted on the 26th of November, in the year 1949. However, it
came to effect on the 26th of January, 1950. 26th of January is celebrated as the Republic Day of
India
❖ It was adopted by the Constitution Assembly. Dr. B. R. Ambedkar, the chairman of the Drafting
Committee, is widely considered to be the architect of the Constitution of India.
❖ Indian Constitution is the lengthiest written Constitution in the world.

MAKING OF THE CONSTITUTION

❖ In 1215, King John of England signed the Magna Carta for the rights of his subjects, which
provided the foundation for all future constitutions.
❖ Magna Carta is also known as the father of human rights and fundamental rights.

❖ The Indian Constitution of 1928 was formulated by the All-Party Congress Committee chaired by
Motilal Nehru with his son Jawaharlal Nehru acting as secretary.

❖ The Karachi Resolution was passed by the Indian National Congress at its 1931 Karachi session
which presented the concept of Indian Constitution.
❖ The constituent assembly was formed as per the guidelines suggested by the Cabinet Mission
Plan, 1946.
❖ The total strength of the assembly was 389. Out of these 296 were allotted to British-India and 93
to Princely states. However, after partition only 299 remained. It was partly elected and partly
nominated.
❖ Dr. Sachhidanand Sinha became the temporary President of the assembly following the French
practice.
❖ On 11th December 1946, Dr. Rajendra Prasad and H.C Mukherji were elected as President and
Vice-President respectively.
❖ Sir B.N Rau was appointed as the constitutional advisor to the assembly.

❖ The assembly had 15 women members – Durgabai Deshmukh, Rajkumari Amrit Kaur, Hansa
Mehta, Begum AizazRasul, Ammu Swaminathan, Sucheta Kriplani, DakshayaniVelayudhan,
Renuka Ray, Purnima Banerjee, Annie Mascarene, Kamla Chaudhri, Leela (Nag) Roy, Malati
Choudhury, Sarojini Naidu and Vijaya Lakshmi Pandit
 ❖ The assembly met for 11 sessions, took 2 years and 11 months to frame up the final draft, the
draft constitution was considered for 114 days. Total amount incurred was around rupees 63 lakhs
96 thousand 729 rupees.
❖ The Constitution of India which was adopted by the Constituent Assembly on 26th November,
1949 and came into force on 26th January, 1950, contained a Preamble, 395 Articles divided into
22 Parts and 8 Schedules. Presently, it has 465 Articles divided into 25 Parts and 12 Schedules.

Date Event

9th December 1946 First meeting of the Constituent Assembly

13th December 1946 Proposed by Pandit Jawaharlal Nehru

29th August 1947 Drafting Committee was set up to draft the Constitution

30th August 1947 First Meeting of Drafting Committee

22 July 1947 The National Flag was adopted

26th November 1949 The Constitution was adopted by the Constituent Assembly

24 January 1950 The National Anthem and the National Song were adopted

24 January 1950 Dr. Rajendra Prasad was elected as the first President of India

24 January 1950 The final meeting of the Constituent Assembly took place

1947-1949 (2 years, 11 Time taken to form the Constituent Assembly; during this
months, and 18 days) period, a total of 11 sessions were held

Approximately ₹64 Lakh was spent on the creation of the

N/A
Constitution

Committee Name Chairman

Drafting Committee Dr. B.R. Ambedkar

Provincial Constitution Committee Sardar Vallabhbhai Patel

Union Powers Committee Jawaharlal Nehru

 Steering Committee Dr. Rajendra Prasad

Union Constitution Committee Jawaharlal Nehru

Rules of Procedure Committee Dr. Rajendra Prasad

States Committee Jawaharlal Nehru

Advisory Committee for Fundamental Rights,

Minorities and Scheduled Tribes and Excluded Sardar Patel
Areas

Fundamental Rights Sub-Committee J.B. Kripalani

House committee B Pattabhi Sitaramayya

Name Role/Position

Dr. B.R. Ambedkar Chairman of the Drafting Committee

Alladi Krishnaswamy Iyer Member of the Drafting Committee

N. Gopalaswami Ayyangar Member of the Drafting Committee

Dr. K.M. Munshi Member of the Drafting Committee

Syed Muhammad Saadulla Member of the Drafting Committee

B.L. Mitter Member of the Drafting Committee

Member of the Drafting Committee (He replaced

N. Madhava Rau
B.L. Mitter)

Member of the Drafting Committee (He replaced

T. T. Krishnamachari
D.P. Khaitan who died in 1948)

Note:
o Aristotle is regarded as the father of political science.
 o Nicolo Maichiavalli is known as the father of modern
political science.
o U.S.A has the world's shortest written constitution.
o The United Kingdom has no written constitution.

o India has the world’s lengthiest constitution.

Parts of Indian Constitution

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 Co-operative Societies Art. 243H to 243ZT
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Part XI Relations between the Union Art. 245 to 263
and the States
Part XII Finance, Property, Contracts Art. 264 to 300A
and Suits
Part XIII Trade, Commerce and Art. 301 to 307
Intercourse within the
Territory of India
Part XIV Services under the Union Art. 308 to 323
and the States
Part XIVA Tribunals Art. 323A to 323B
Part XV Elections Art. 324 to 329A
Part XVI Special provisions relation Art. 330 to 342
to certain classes
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 Art. 368
Constitution
Part XXI Temporary, Transitional and Art. 369 to 392
Special Provisions
Part XXII Short title, commencement, Art. 393 to 395
authoritative text in Hindi and
repeals

COMMITTEES OF THE CONSTITUENT ASSEMBLY

Committee Chairperson
Union Powers Committee - Jawahar Lal Nehru
Union Constitution Committee - Jawahar Lal Nehru
Provincial Constitution Committee - Sardar Patel
Drafting Committee - B.R Ambedkar
Rules of Procedure Committee - Dr. Rajendra Prasad
Steering Committee - Dr. Rajendra Prasad
Flag Committee - J.B. Kripalani

National Anthem (Jana GanaMana)

❖ The National Anthem of India was written by Nobel Laureate Rabindranath Tagore. It is
originally composed in Bengali language. It was adopted in its Hindi version by the Constituent
Assembly as the national anthem of India on 24 January 1950.
❖ The playing time of National anthem is approximately 52 seconds.
Playing time of the short version is about 20 seconds.
❖ Abid Ali translated the national anthem into Hindi-Urdu and was called Subah Sukh Chain.

❖ The song was first sung by Rabindranath Tagore in a convention of the Indian National Congress
in 1911 at Calcutta.
 ❖ Rabindranath Tagore has written the National Anthem of Bangladesh "Amar Sonar Bangla" as
well.
❖ The song was translated into English in 1919 with the title “Morning Song of India” by
Rabindranath Tagore himself.
❖ National Anthem was first published under the title “Bharat Vidhata” in TattvaBodhiniPatrika in
January 1912.

National Song (Vande Matram)

❖ National Song of India was written by Bankim Chandra Chatterjee, originally in Sanskrit &
Bengali.
❖ The song was a part of Bankim Chandra Chatterji’s most famous novel Anand Math (1882). It
was first appeared in a magazine called Bangadarshan in 1875.
❖ It was sung for the first time at the congress session at Calcutta in 1896.

❖ In 1896, the song was first sung publicly at the Indian National Congress session, by
Rabindranath Tagore himself.
❖ Playing time of the full version of the national song is approximately 65 seconds.

❖ In 1909, Aurobindo Ghosh translated it into English language and rendered the English
translation titled 'I bow to thee, Mother'.

National Flag

❖ On July 22, 1947, the Constituent Assembly embraced the Indian flag with three trips and Asoka
chakra in the middle. It was designed by PingaliVenkayya.
❖ On August 22, 1907, Madam BhikajiCama became the first person to hoist the Indian flag on
foreign soil in Stuttgart in Germany.
❖ The length to width ratio of the flag is 3:2. The Asoka Chakra is in a Navy-blue color in the
middle of the flag and has 24 spokes.

Note: The National Flag consists of three colors:

The Saffron color -Courage and sacrifice
White – Truth, peace, and purity
The Green color- Prosperity

VARIOUS SOURCES OF THE INDIAN CONSTITUTION

The government of India Act of 1935 - Federal Scheme, Office of the
Governor, Judiciary, Public Service Commissions, Emergency provisions
and administrative details.
British Constitution - Parliamentary government, Rule of Law, legislative
procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges, and
bicameralism.
US Constitution - Fundamental rights, independence of the judiciary,
judicial review, impeachment of the president, removal of Supreme
Court and high court judges and post of vice-president.
Irish Constitution - Directive Principles of State Policy, the nomination
of members to RajyaSabha and method of election of the president.
Canadian Constitution - Federation with a strong Center, vesting of residuary powers in the Center, the
appointment of state governors by the Center, and advisory jurisdiction of the Supreme Court.
Australian Constitution - Concurrent List, freedom of trade, commerce and intercourse, and the joint
sitting of the two Houses of Parliament.
Weimar Constitution of Germany - Suspension of Fundamental Rights during Emergency.
Soviet Constitution (USSR, now Russia) - Fundamental duties and the idea of justice (social, economic
and political) in the Preamble.
French Constitution - Republic and the ideals of liberty, equality, and fraternity in the Preamble.
South African Constitution - Procedure for amendment of the Constitution and election of members of
RajyaSabha.
Japanese Constitution - Procedure established by Law.

THE PREAMBLE
❖ It is the preface or the introduction of the Constitution. It is an integral part of the Constitution.
The interpretation of the Constitution is based on the spirit of the Preamble.
❖ The Objective Resolution, was drafted and moved by Pandit Jawaharlal Nehru and adopted by
the Constituent Assembly, ultimately became the Preamble.
❖ The idea of the Preamble was borrowed from the Constitution of the USA.
❖ The words, Socialist, Secular and Integrity were added by the 42nd Constitutional Amendment
Act in 1976.

PREAMBLE AS IN CONSTITUTION
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith, and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Indian Constitution Schedules

1st schedule – The list of states and union territories and their
territories
2nd schedule– Salaries and Emoluments (President, Governors, Lok Sabha Speaker and Deputy Speaker,
CJ and Judges of High Court/ Supreme Court, Speaker, deputy speaker Chairman of State Legislatures)
3rd Schedule – The Forms of Oaths or Affirmations. (CJ & Judges, MP & member of State Legislature,
Ministers, CAG, Candidate for election to the legislature of a state and for election to the parliament.)
4th Schedule – Provisions as to the allocation of seats in the Council of
States.
5th Schedule – Provisions as to the Administration and Control of
Scheduled Areas and Scheduled Tribes.
6th Schedule – Provisions as to the Administration of Tribal Areas in
the States of Assam, Meghalaya, Tripura and Mizoram.
7th Schedule – Gives allocation of powers and functions between Union and States .The Union list 100
subjects (for central Government), State list 61 subjects (Power of State Govt) and the concurrent list 52
Subjects (both Union & states legislature can make law ).
8th Schedule – The list of recognized 22 languages.
9th Schedule – Provisions as to the validation of certain Acts and
Regulations ( 1st Amendment in 1951). It abolished the Zamindari system.
10th Schedule – Provisions as to disqualification on ground of defection. (52nd Amendment in 1985)
11th Schedule – The powers, authority and responsibilities of
Panchayats ( 73rd Amendment in 1992). It contains 29 subjects.
12th Schedule – The powers, authority and responsibilities of
Municipalities (74th Amendment in 1992).It contains 18 subjects.
Indian Constitution Schedules
Schedule Description

1st Schedule The list of states and union territories and their territories.

Salaries and Emoluments (President, Governors, Lok Sabha Speaker and

2nd
Deputy Speaker, CJ and Judges of High Court/ Supreme Court, Speaker,
Schedule
deputy speaker Chairman of State Legislatures)

The Forms of Oaths or Affirmations. (CJ & Judges, MP & member of

3rd
State Legislature, Ministers, CAG, Candidate for election to the
Schedule
legislature of a state and for election to the parliament.)

4th
Provisions as to the allocation of seats in the Council of States.
Schedule

5th Provisions as to the Administration and Control of Scheduled Areas and

Schedule Scheduled Tribes.

6th Provisions as to the Administration of Tribal Areas in the States of

Schedule Assam, Meghalaya, Tripura and Mizoram.

Gives allocation of powers and functions between Union and States.

7th The Union list has 100 subjects (for central Government), State list has
Schedule 61 subjects (Power of State Govt), and the concurrent list has 52
Subjects (both Union & states legislature can make law).

8th
The list of recognized 22 languages.
Schedule

9th Provisions as to the validation of certain Acts and Regulations (1st

Schedule Amendment in 1951). It abolished the Zamindari system.

10th Provisions as to disqualification on ground of defection. (52nd

Schedule Amendment in 1985)

11th The powers, authority and responsibilities of Panchayats (73rd

Schedule Amendment in 1992). It contains 29 subjects.

12th The powers, authority and responsibilities of Municipalities (74th

Schedule Amendment in 1992). It contains 18 subjects.
States and Union Territories (Articles 1-3)
● Two independent countries India and Pakistan were created by the Indian
Independence Act 1947.
● At that time there were a total of 552 princely states in India, out of which 549
joined India. The princely states of Hyderabad, Junagadh and Kashmir refused to
join India.
● later by police action to Hyderabad; Junagadh was included in the Indian Union
through plebiscite and Kashmir through accession letter.
● Under the constitution, the states territory of the Indian Union was classified into
four parts-
➔ Part (a) included those states which were under Governor's rule in British India.
➔ Part (b) had imperial rule with a state legislature.
➔ Part (C) was ruled by the Chief Commissioner of British India.
➔ In Part (d) the Andaman and Nicobar Islands alone were kept.
● According to Article 1(1) of the Constitution, Bharat means India shall be a Union
of States.
● According to Article 2, the power of admission or establishment of new states in
the Indian Union has been conferred on the Parliament.
● According to Article 3, Parliament has been given the power to create new states
and to change the area, boundary and name of the existing states.
● The Parliament of India can create new states with a simple majority.
● The Constitution of India Parliament of India can make laws regarding the
formation of new states, change in it, change of name or change in boundary
without the consent of the states.
● At present, the Indian Union consists of 28 states and 8 union territories in India.
● Parliament can hand over any Indian territory to any other country by amending
the constitution.

Citizenship (Articles 5 – 11)

● Citizenship (Part-2 in the Indian Constitution) is the status of a person recognized
under law as being a legal member of a Sovereign state or belonging to a nation.
● The provision of single citizenship in the Indian Constitution has been taken from
the British Constitution.
● In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship.
 ● The term citizenship entails the enjoyment of full membership of any State in
which a citizen has civil and political rights.
● Parliament has the power to regulate the right of citizenship by law.
● The Home Ministry is the highest authority to decide on matters of citizenship.

Single Citizenship
● The Constitution of India gives single citizenship to the people of the country.
● All the people irrespective of the states or territories in which they reside are the
citizens of the country.
● The other federal states like the USA and Switzerland, adopted the system of
double citizenship.
In India, citizenship can be acquired by birth, descent, registration, naturalization,
or inclusion of territory.

Dual citizenship is a feature of the federal government. Accordingly, all persons born
or naturalized in the United States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they are deemed to reside.

Citizenship of India can be acquired in the following ways:

● Indian citizenship can be acquired in five ways- by Birth; by Descent; by
Registration; by Naturalization; By Amalgamation of territory.
1. Citizenship by birth
➔ On or after 26 January 1950- 1 July 1987: If he is born in India is an Indian citizen
even if his parents are of nationality other than Indian.
➔ On or after 1 July 1987-02 December 2004: He is a citizen of India only if either
parent was a citizen of India at the time of the birth).
The children of foreign diplomats posted in India and enemy aliens cannot
acquire Indian citizenship by birth.
2. Citizenship by descent ( person born outside India shall be a citizen of India by
descent if both the parents or either of them is an Indian citizen, provided his/her
birth is registered at an Indian Mission/Post abroad within one year of the birth).
3. Citizenship by registration.
 4. Citizenship by naturalization(if a person is ordinarily resident of India for 12
years).
5. By incorporation of territory (by the Government of India)

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:
1. Renunciation: If any citizen of India who is also a national of another country
renounces his Indian citizenship through a declaration in the prescribed manner,
he ceases to be an Indian citizen.
2. Termination: Indian citizenship can be terminated if a citizen knowingly or
voluntarily adopts the citizenship of any foreign country.
3. Deprivation: The government of India can deprive a person of his citizenship in
some cases.

Article Description

Citizenship at the commencement of the Constitution - It talks about who will be

Article 5
considered as citizens of India at the time when the Constitution came into effect.

Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan.

Rights of citizenship of certain migrants to Pakistan - It deals with individuals who

Article 7
migrated to Pakistan after March 1, 1947, but later returned to India.

Article 8 Rights of citizenship of certain persons of Indian origin residing outside India.

Parliament to regulate the right of citizenship by law - This article gives the power
to the Parliament to make any laws to regulate citizenship, meaning the
Article 11
Parliament can create or modify laws related to who can become or remain a
citizen of India.
Fundamental Rights (Articles 12-35)
● Fundamental Rights are included in Part-III of the Indian constitution which is also
known as Magna Carta of Indian Constitution because it strives for the all round
development of citizens.
● The provision of Fundamental Right in the Indian Constitution has been taken
from the US Constitution.
● Fundamental Rights are protected and guaranteed by the constitution.
● These rights are called fundamental rights because they are justiciable in nature
allowing persons to move the courts for their enforcement, if and when they are
violated.
● Fundamental Rights protect us from state exploitation.
● The constitution allows the person to move directly to the Supreme Court and
high court for the reinforcement of his fundamental right as and when they are
violated or restricted.

Fundamental Rights are different from other rights available to us:

● While ordinary legal rights are protected and enforced by ordinary law,
Fundamental Rights are protected and guaranteed by the constitution of the
country.
● Ordinary rights may be changed by the legislature by ordinary process of law
making, but a fundamental right may only be changed by amending the
Constitution itself,
● Fundamental Rights could be suspended by the President of India (Article 358 and
Article 359) during the proclamation of National Emergency.
● However Rights under Article 20 and Article 21 cannot be suspended under any
circumstances.
● Rights under Article 19 are suspended only if National Emergency is declared on
the basis of war or external aggression and remain unaffected if declared
according to armed rebellion.
● All people, irrespective of race, religion, caste or sex, have been given the right to
move the Supreme Court and the High Courts for the enforcement of their
fundamental rights.

The Constitution of India provides for six Fundamental Rights:

1. Right to equality (Articles 14–18)

 2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to constitutional remedies (Article 32-35)

● Originally the constitution also included Right to property (Article 31) And 19
[1(f)]. However, it was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
● It is made a legal right under Article 300-A in Part XII of the Constitution.
● Article 12- defines the term 'State' in Part III of the Constitution. It says that the
term 'State' includes the following: The Government and Parliament of India, i.e.
Executive and Legislature of the Union. The Government and Legislature of each
State.
● Article 13- declares that all laws that are inconsistent with or in derogation of any
of the fundamental rights shall be void.

Right to equality (Articles 14–18)

● Article 14 -says that no person shall be denied treatment of equality before the
law or the equal protection of the laws within the territory of India.
● The concept of 'equality before law' is an - element of the concept of 'Rule of
Law', propounded by A.V. Dicey.
Exceptions:
1. The President of India or Governor of states is not answerable to any court for the
exercise of their powers/duties and no civil or criminal proceedings can occur or
continue against them in any court during their term of office.
2. No member of Parliament and State Legislature shall be liable to any court
proceedings in respect of anything said or any vote given by him in Parliament or
any committee.
3. The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from
criminal and civil proceedings.

● Article 15- Provides that no citizen shall be discriminated against on grounds only
of religion, race, caste, sex or place of birth.
● Provision of Article 15 prohibits discrimination both by the State and private
individuals.
 ● Exception: Certain provisions can be made for the women, children, citizens from
any socially or educationally backward class for their upliftment (such as
reservation and access to free education).
● [Art 15-(4,5)]- Talks about reservations in educational institutions.
[Art 15-(6)] - Talks about EWS reservation.

● Article 16- Indian constitution provides for equality of opportunity for all citizens
in matters of employment or appointment to any public office.
● [EWS (103rd amendment in 2019) and OBC have reservation in public services]
Economically Weaker Sections (EWSs)
On 14 th January 2019 Constitution Amendment) Act, 2019 came into force. The Act
amends Article 15 and 16 and provides 10 percent reservation for economically
backward upper castes in government jobs.
Eligibility
● Annual family income is less than Rupees 8 lakh.
● Agricultural land should be less than 5 acres Residential flat of the family
should be less than 1000 sq.ft.
● Residential plot of a family should be less than 100 sq.yards in a notified
municipality. In a non notified municipality the residential plot should be below
200 sq.yards.
● They should not come under any other reservation.

● Article 17- abolishes ‘untouchability’ and forbids its practice in any form. The
enforcement of any disability arising out of untouchability shall be an offense
punishable in accordance with law.
● Article 18- of the constitution of India abolishes titles and makes four provisions
in that regard:
1. It prohibits the state from conferring any title on any citizen or a foreigner (except
a military or academic distinction).
2. It prohibits a citizen of India from accepting any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any
title from any foreign state without the consent of the President of India.
4. No citizen or foreigner holding any office of profit or trust within the territory of
India can accept any present, emolument or office from or under any foreign
State without the consent of the president.
● The awards of Bharat Ratan and Padma Vibhushan cannot be used by the
recipient as a title and do not accordingly, come within the constitutional
prohibition".
● Awards were constituted in 1954. In 1977 Janata Party government suspended
these awards. However in 1980 these awards were again continued.
Fundamental Rights (Articles 12-35)
● Fundamental Rights are included in Part-III of the Indian constitution which
is also known as Magna Carta of Indian Constitution because it strives for
the all round development of citizens.
● The provision of Fundamental Right in the Indian Constitution has been
taken from the US Constitution.
● The Constitution of India provides for six Fundamental Rights.
● Fundamental Rights are protected and guaranteed by the constitution.
● These rights are called fundamental rights because they are justiciable in
nature allowing persons to move the courts for their enforcement, if and
when they are violated.
● Fundamental Rights protect us from state exploitation.
● The constitution allows the person to move directly to the Supreme Court
and high court for the reinforcement of his fundamental right as and when
they are violated or restricted.

Fundamental Rights are different from other rights available to us:

● While ordinary legal rights are protected and enforced by ordinary law,
Fundamental Rights are protected and guaranteed by the constitution of the
country.
● Ordinary rights may be changed by the legislature by ordinary process of law
making, but a fundamental right may only be changed by amending the
Constitution itself,
● Fundamental Rights could be suspended by the President of India (Article 358 and
Article 359) during the proclamation of National Emergency.
● However Rights under Article 20 and Article 21 cannot be suspended under any
circumstances.
● Rights under Article 19 are suspended only if National Emergency is declared on
the basis of war or external aggression and remain unaffected if declared
according to armed rebellion.
 ● All people, irrespective of race, religion, caste or sex, have been given the right to
move the Supreme Court and the High Courts for the enforcement of their
fundamental rights.

The Constitution of India provides for six Fundamental Rights:

1. Right to equality (Articles 14–18)

2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to constitutional remedies (Article 32-35)

● Originally the constitution also included Right to property (Article 31) And 19
[1(f)]. However, it was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
● It is made a legal right under Article 300-A in Part XII of the Constitution.
● Article 12- Defines Government & Legislature of each state.
● Article 13- declares that all laws that are inconsistent with or in derogation of any
of the fundamental rights shall be void.

Right to equality (Articles 14–18)

Article 14 -
● Says that no person shall be denied treatment of equality before the law or the
equal protection of the laws within the territory of India.
● The concept of 'equality before law' is an - element of the concept of 'Rule of
Law', propounded by A.V. Dicey.
Exceptions:
1. The President of India or Governor of states is not answerable to any court for the
exercise of their powers/duties and no civil or criminal proceedings can occur or
continue against them in any court during their term of office.
2. No member of Parliament and State Legislature shall be liable to any court
proceedings in respect of anything said or any vote given by him in Parliament or
any committee.
 3. The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from
criminal and civil proceedings.

Article 15-
● Provides that no citizen shall be discriminated against on grounds only of religion,
race, caste, sex or place of birth.
● Provision of Article 15 prohibits discrimination both by the State and private
individuals.
● Exception: Certain provisions can be made for the women, children, citizens from
any socially or educationally backward class for their upliftment (such as
reservation and access to free education).
● [Art 15-(4,5)]- Talks about reservations in educational institutions.
[Art 15-(6)] - Talks about EWS reservation.

Article 16-
● Indian constitution provides for equality of opportunity for all citizens in matters
of employment or appointment to any public office.
● [EWS (103rd amendment in 2019) and OBC have reservation in public services]

Economically Weaker Sections (EWSs)

On 14 th January 2019 Constitution Amendment) Act, 2019 came into force. The Act
amends Article 15 and 16 and provides 10 percent reservation for economically
backward upper castes in government jobs.
Eligibility
● Annual family income is less than Rupees 8 lakh.
● Agricultural land should be less than 5 acres Residential flat of the family
should be less than 1000 sq.ft.
● Residential plot of a family should be less than 100 sq.yards in a notified
municipality. In a non notified municipality the residential plot should be below
200 sq.yards.
● They should not come under any other reservation.
Article 17-
● Abolishes ‘untouchability’ and forbids its practice in any form. The enforcement
of any disability arising out of untouchability shall be an offense punishable in
accordance with law.
For the abolition of untouchability, the Protection of Civil Rights Act, 1955 and the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have
been passed by the Parliament.

Article 18-
● Constitution of India abolishes titles and makes four provisions in that regard:
1. It prohibits the state from conferring any title on any citizen or a foreigner (except
a military or academic distinction).
2. It prohibits a citizen of India from accepting any title from any foreign state.
3. A foreigner holding any office of profit or trust under the state cannot accept any
title from any foreign state without the consent of the President of India.
4. No citizen or foreigner holding any office of profit or trust within the territory of
India can accept any present, emolument or office from or under any foreign
State without the consent of the president.
● The awards of Bharat Ratan and Padma Vibhushan cannot be used by the
recipient as a title and do not accordingly, come within the constitutional
prohibition".
● Awards were constituted in 1954. In 1977 Janata Party government suspended
these awards. However in 1980 these awards were again continued.

Right to freedom (Articles 19–22)

Article 19

● guarantees to all citizens the Six rights of freedom including:

Article 19 Provision

Article 19(1)(a) Freedom of speech and expression

Article 19(1)(b) Assemble Peaceful and without Arms

Article 19(1)(c) To form association or co-operative society

Article 19(1)(d) To move freely throughout the territory of India

Article 19(1)(e) To reside and settle in any part of the territory of India

Article 19(1)(g) To practice any profession, or to carry on any occupation, trade or

business.

● The Constitution originally provided for the right to property under Articles
19[1(f)] and 31 .
● The 44 th Amendment Act, 1978 deleted the right to property from the list of
fundamental rights.
● A new provision, Article 300-A, was added to the constitution which provided that
" no person shall be deprived of his property save by authority of law".
● So Right to property is only a legal and ordinary right and now if an individual's
right to property is violated, he can not move to the Supreme Court under Art-32.
● Such rights are protected by the ordinary law of the land.

Important Judicial Cases regarding Fundamental Rights

● Sankari Prasad vs Indian Union and Sajjan Singh vs Rajasthan case (1951)
Supreme Court agreed to the power of Parliament to amend Fundamental
Rights of constitution.
● Golak Nath v. State of Punjab (1967), 11 member Supreme Court bench ruled
that Parliament could not curtail any fundamental right guaranteed under the
Constitution.
24th Amendment to the Constitution of India (1971)-The Parliament may in the
exercise of its constituent power amend by way of addition, variation or repeal
any provision of the Constitution in accordance with the procedure laid down.
● Kesavananda Bharati vs Kerala State,1973-Thirteen judges of the Supreme
Court held that although no part of the constitution, including fundamental
rights, was beyond the amending power of Parliament (thus overruling the
1967 case), the "basic structure of the Constitution" could not be abrogated
even by a constitutional amendment".
● Minerva Mills case (1980)- the Supreme Court provided key clarifications on the
interpretation of the basic structure doctrine. The court unanimously ruled that
 the power of the Parliament of India to amend the constitution is limited by the
constitution.

Article 20-
● Protection in respect of conviction for offenses
● According to this article, no person shall be convicted of an offense unless he has,
at the time of doing the act which is alleged to be an offense, contravened any
law.
● According to this article, no person can be prosecuted or punished for the same
offense more than once.
● A person accused of an offense cannot compel any person to be a witness against
himself.

Article 21-
● Protection of Life and Personal Liberty.
● According to this article, no person can be deprived of his life or personal liberty
except according to procedure established by law, and not otherwise.
● 44th amendment 1978- Art 21 not be suspended even in emergency. It is known
as Backbone of the Constitution .
● Right to Life includes- Right to Privacy, Right to Marriage, Right to Food, Right to
Health, Right to water, Right to enjoyment of pollution-free water and air, Right to
Sleep, Right to travel abroad etc.
● Article 21 (A)- Declares that the State shall provide free and compulsory
education to all children of the age of six to fourteen years.
● Article 21A was included under the fundamental right by the 86th Constitutional
Amendment Act, 2002.

Article 22-
● Grants protection to persons who are arrested or detained.
● Detention is of two types, namely, punitive and preventive. Punitive detention is
to punish a person for an offense committed by him after trial and conviction in a
court.
 ● To every arrested person the following Fundamental Rights are provided:
● The Right to be presented before a magistrate within 24 hours of arrest.
● Confessions made in police custody cannot be used as evidence against the
accused.
● The Supreme Court of India has laid down specific requirements and procedures
that the police and other agencies have to follow for the arrest, detention and
interrogation of any person. These are known as the D.K.Basu guidelines.

Prevention Detention
● Ordinarily, a person would be arrested after he or she has reportedly
committed some offense. However there are exceptions to this.
● Sometimes a person can be arrested simply out of an apprehension that he or
she is likely to engage in unlawful activity and imprisoned for some time
without following the above mentioned procedure.
● This is known as preventive detention. This preventive detention can be
extended only for three months.