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CONSTITUTION OF INDIA
The Constitution of India was passed by the Constituent Assembly of India on November 26,1949, and came into effect on January 26, 1950. India celebrates January 26 each year as
Republic Day. It is the longest written constitution of any independent nation in the world,
containing 395 articles and 12 schedules, as well as numerous amendments, for a total of
117,369 words in the English language version.
Contents
1 The importance of the Constitution
2 History
2.1 The Cabinet Mission
2.2 The Constituent Assembly
2.3 Objectives Resolution
3 Features
4 Features of the Indian Constitution adapted from other Constitutions
5 Preamble5.1 The importance of the Preamble
5.2 Explanation of some of the important words in the Preamble5.2.1 Sovereign
5.2.2 Socialist5.2.3 Secular
5.2.4 Democratic5.2.5 Republic
6 Schedules
7 Amendments
8 Articles
The importance of the ConstitutionThe Constitution lays down the basic structure of
government under which the people are to be governed. It establishes the main organs of
government - the executive, the legislature and the judiciary. The Constitution not only
defines the powers of each organ, but also demarcates their responsibilities. It regulates the
relationship between the different organs and between the government and the people.
The Constitution is superior to all other laws of the country. Every law enacted by the
government has to be in conformity with the Constitution. The Constitution lays down the
national goals of India - Democracy, Socialism, Secularism and National Integration. It alsospells out the rights and duties of citizens.
The Constitution applies to the State of Jammu and Kashmir with certain exceptions and
modifications as provided in article 370 (which is a temporary provision) and the
Constitution (Application to Jammu and Kashmir) Order, 1954.
History
The Cabinet MissionWorld War II in Europe came to an end on May 9, 1945. In July, a new
government came to power in the United Kingdom. The new British government announced
its Indian Policy and decided to convene a constitution drafting body. Three British cabinet
ministers were sent to find a solution to the question of India's independence. This team of
ministers was called the Cabinet Mission.
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The Cabinet Mission discussed the framework of the constitution and laid down in somedetail the procedure to be followed by the constitution drafting body. Elections for the 296
seats assigned to the British Indian provinces were completed by July-August 1946. With theindependence of India on August 15, 1947, the Constituent Assembly became a fully
sovereign body. The Assembly began work on 9 December 1947.
The Constituent AssemblyThe Constituent Assembly was the body that framed theconstitution of India. The people of India elected the members of the provincial assemblies,
who in turn elected the constituent assembly. Rajendra Prasad, Sardar Patel, Maulana Abul
Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly.
There were more than 30 members of the scheduled classes. Frank Anthony represented the
Anglo-Indian community, and the Parsis were represented by H.P. Modi. The Chairman of
the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who
represented all Christians other than Anglo-Indians. Constitutional experts like Alladi
Krishnaswamy Iyer, B.R. Ambedkar, B.N. Rau and K.M. Munshi were also members of the
Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members.
Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later,
Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R. Ambedkarwas appointed the Chairman of the Drafting Committee.
The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and
18 days. Its sessions were open to the press and the public.
Objectives ResolutionThe underlying principles of the Constitution were laid down by
Jawaharlal Nehru in his Objectives Resolution:
India is an Independent, Sovereign, Republic;
India shall be a Union of erstwhile British Indian territories, Indian States, and other parts
outside British India and Indian States as are willing to be a part of the Union;
Territories forming the Union shall be autonomous units and exercise all powers and
functions of the Government and administration, except those assigned to or vested in the
Union;
All powers and authority of sovereign and independent India and its constitution shall flow
from the people;
All people of India shall be guaranteed and secured social, economic and political justice;
equality of status and opportunities before law; and fundamental freedoms - of talk,expression, belief, faith, worship, vocation, association and action - subject to law and public
morality;The minorities, backward and tribal areas, depressed and other backward classes, shall be
provided adequate safeguards;
The territorial integrity of the Republic and its sovereign rights on land, sea and air shall bemaintained according to justice and law of civilized nations;The land would make full and willing contribution to the promotion of world peace and
welfare of mankind.
FeaturesThe Constitution of India draws extensively from Western legal traditions in its
enunciation of the principles of liberal democracy. It is distinguished from many Western
constitutions, however, in its elaboration of principles reflecting aspirations to end the
inequities of traditional social relations and enhance the social welfare of the population.
According to constitutional scholar Granville Austin, probably no other nation's constitution
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"has provided so much impetus toward changing and rebuilding society for the commongood." Since its enactment, the constitution has fostered a steady concentration of power in
the hands of the central government - especially the Office of the Prime Minister. Thiscentralization has occurred in the face of the increasing assertiveness of an array of ethnic
and caste groups across Indian society. Increasingly, the government has responded to the
resulting tensions by resorting to the formidable array of authoritarian powers provided by
the Constitution. However, a new assertiveness shown by the Supreme Court and the ElectionCommission suggests that the remaining checks and balances among the country's political
institutions are resilient and capable of supporting Indian democracy. Furthermore regional
parties are gaining popularity at the expense of national parties which has led to coalition
governments at the centre. As a consequence, power is becoming more decentralised.
The Constitution in its final form owes much to a number of different principles from various
other Constitutions. The general structure of the Constitution's democratic framework was
largely the work of B. N. Rau, a constitutional scholar of international standing. Supporters of
independent India's founding father, Mohandas K. Gandhi, backed measures that would form
a decentralized polity with strong local government known as panchayat in a systemknown as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist
leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of aparliamentary system of government and a federal system with a strong central government.
Features of the Indian Constitution adapted from other Constitutions British Constitution
Parliamentary form of government
The idea of single citizenship
The idea of the Rule of law
Institution of Speaker and his role
Lawmaking procedure
Procedure established by Law u/a 13
United States Constitution
Charter of Fundamental Rights, which is similar to the United States Bill of Rights
Federal structure of government
Power of Judicial Review and independence of the judiciary
President as supreme commander of armed forces u/a 52Due process of law u/a 13
Irish Constitution
Constitutional enunciation of the directive principles of state policy
French Constitution
Ideals of Liberty, Equality and Fraternity
Canadian Constitution
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A quasi-federal form of government (a federal system with a strong central government)The idea of Residual Powers
Australian Constitution
Freedom of trade and commerce within the country and between the states
Power of the national legislature to make laws for implementing treaties, even on mattersoutside normal Federal jurisdiction
Japanese Constitution
Fundamental Duties u/a 51-A
Weimar Constitution
Emergency Provision u/a 356
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into aSOVEREIGN 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.
The preamble is not a part of the Constitution of India as it is not enforceable in a court of
law. However, the Supreme Court has, in the case of Kesavananda Bharati vs. The State of
Kerala, recognized that the Preamble is a part of the Constitution and may be used to interpret
ambiguous areas of the Constitution where differing interpretations present themselves.
However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the
article itself and should not be treated as a rights bestowing part of the Constitution.
An interesting side note concerns the words "SOCIALIST" and SECULAR in the preamble.
The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The twoadditional words "SOCIALIST" and SECULAR were introduced by the controversial 42nd
amendment. The amendment was pushed through by Indira Gandhi in 1976, when she had
dictatorial powers. A committee under the chairmanship of Sardar Swaran Singhrecommended that this amendment be enacted after being constituted to study the question ofamending the constitution in the light of past experience.
The importance of the Preamble The wording of the Preamble highlights some of the
fundamental values and guiding principles on which the Constitution of India is based. The
Preamble serves as a guiding light for the Constitution and judges interpret the Constitution
in its light. In a majority of decisions, the Supreme Court of India has held that the objectives
specified in the preamble constitute the basic structure of the Indian Constitution, which
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cannot be amended. Though the Preamble is a part of the constitution still it nor any of itscontent is legally enforcible.
The first words of the Preamble - "We, the people" - signifies that power is ultimately vested
in the hands of the people of India. The Preamble lays down the most important national
goals which every citizen and the government must try to achieve, such as socialism,
secularism and national integration. Lastly, it lays down the date for the adoption of theConstitution - 26 November 1949.
Explanation of some of the important words in the Preamble[edit] Sovereign The word
sovereign means supreme or independent. India is internally and externally sovereign -
externally free from the control of any foreign power and internally, it has a free government
which is directly elected by the people and makes laws that govern the people.
Socialist The word socialist was added to the Preamble by the 42nd amendment act of 1976.
It implies social and economic equality. Social equality in this context means the absence of
discrimination on the grounds of caste, colour, creed,sex,religion, language, etc. Under socialequality, everyone has equal status and opportunities. Economic equality in this context
means that the government will endeavour to make the distribution of wealth more equal andprovide a decent standard of living for all. This is in effect emphasizing a commitment
towards the formation of a welfare state.
India has adopted a mixed economy and the government has framed many laws to achievethe aim and the Child Labour Prohibition Act.
SecularThe word secular was inserted into the Preamble by the 42nd amendment act of 1976.
It implies equality of all religions and religious tolerance. India, therefore does not have an
official state religion. Every person has the right to preach, practice and propagate any
religion they choose. The government must not favour or discriminate against any religion. It
must treat all religions with equal respect. All citizens, irrespective of their religious beliefs
are equal in the eyes of law. No religious instruction is imparted in government or
government-aided schools. The Supreme Court in S.R Bommai v. Union of India held that
secularism was an integral part of the basic structure of the constitution.
Democratic India is a democracy. The people of India elect their governments at all levels
(Union, State and local) by a system of universal adult franchise; popularly known as 'One
man one vote'. Every citizen of India, who is 18 years of age and above and not otherwisedebarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination
on the basis of caste, creed, colour, sex, religion or education.
Republic As opposed to a monarchy, in which the head of state is appointed on hereditary
basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity inwhich the head of state is elected, directly or indirectly, for a fixed tenure. The President ofIndia is elected by an electoral college for a term of five years. The Post of the President Of
India is not hereditary. Every citizen of India is eligible to become the President of the
country.
SchedulesSchedules can be added to the constitution by amendment. The twelve schedules in
force cover the designations of the
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States and Union Territories;
Emoluments for High-Level Officials;
Forms of Oaths;
Allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of
Parliament) per State or Union Territory;
Provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas
and tribes needing special protection due to disadvantageous conditions);
Provisions for the administration of tribal areas in Assam;
The Union (central government), State, and Concurrent (dual) lists of responsibilities;
The Official Languages;
Article 31B-Validity excluded from Courts Review (land and tenure reforms; the association
of Sikkim with India);
Anti-Defection provisions for Members of Parliament and Members of the State Legislatures;
Panchayat Raj (Rural Development);
Municipality (Urban Planning).
AmendmentsMethods of Amendment
By simple majority of the Parliament: Amendments in this category can be made by a simple
majority of members present and voting, before sending them for the President's assent.
By special majority of the Parliament: Amendments can be made in this category by a two -
third majority of the total number of members present and voting, which should not be less
than half of the total membership of the house.
By special majority of the Parliament and ratification of at least half of the state legislatures
by special majority. After this, it is sent to the President for his assent.On paper, an amendment to the Constitution is an extremely difficult affair, and normally
needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, theConstitution of India is one of the most frequently amended constitutions in the world. Many
matters that would be dealt with by ordinary statutes in most democracies must be dealt with
by constitutional amendment in India due to the document's extraordinary detail. The firstamendment came only a year after the adoption of the Constitution and instituted numerousminor changes. Many more amendments followed, at a rate of almost two amendments per
year since 1950. Most of the Constitution can be amended after a quorum of more than half
of the members of each house in Parliament passes an amendment with a two-thirds majority
vote. Articles pertaining to the distribution of legislative authority between Union and State
governments must also be approved by fifty percent of State legislatures.
In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. The
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State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicialreview to include the power to review Constitutional Amendments passed by the Legislature.
Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted
authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of
amending power by the judiciary, which was never intended by the framers of the
Constitution. However, it can be argued that this doctrine is necessary to protect human rightsfrom being abrogated simply by constitutional amendment.
There have been a total of 109 amendments to the constitution of India, till January 2010.
Articles Part I - consists of Articles 1 - 4 on the Union and its Territory
Part II - consists of Articles 5 - 11 on Citizenship.
Part III - consists of Articles 12 - 35 on Fundamental Rights.
Articles 14 - 18 on Right to Equality,
Articles 19 - 22 on Right to Freedom,
Articles 23 - 24 on Right against Exploitation,Articles 25 - 28 on Right to Freedom of Religion,
Articles 29 - 30 on Cultural and Educational Rights,Articles 31 on Right to Property (Repealed) and Saving of Laws,
Articles 32 - 35 on Right to Constitutional Remedies.Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.
Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.Part V - consists of Articles on the Union.
Chapter I - Articles 52 to 78 on The Executive.
Articles 52 - 73 on the President and Vice-President,
Articles 74 - 75 on Council of Ministers,
Articles 76 - Attorney General of India,
Articles 77 - 78 on the Conduct of Government Business
Chapter II - Articles 79 - 122 on Parliament.
Articles 79 - 88 on Constitution of Parliament,
Articles 89 - 98 on Officers of Parliament,
Articles 99 - 100 on Conduct of Business,
Articles 101 - 104 on Disqualification of members,
Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,
Articles 107 - 111 on Legislative Procedure,
Articles 112 - 117 on Procedure in Financial Matters,Articles 118 - 122 on Procedure Generally.
Chapter III - Article 123 on the Legislative Powers of the President.Article 123 on Power of president to promulgate Ordinances during recess of Parliament
Chapter IV - Articles 124 - 147 on The Union Judiciary.
Articles 124 - 147 Establishment and Constitution of the Supreme CourtChapter V - Articles 148 - 151 on the Controller and Auditor-General of India.Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.
Part VI - Articles on the States.
Chapter I - Article 152 on the General definition of a State of the Union of India
Article 152 - Exclusion of the state of Jammu and Kashmir from the general definition of a
state of the Union of India.
Chapter II - Articles 153 - 167 on The Executive
Articles 153 - 162 on The Governor,
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Articles 163 - 164 on The Council of Ministers,Article 165 on the Advocate-General for the State.
Articles 166 - 167 on the Conduct of Government Business.Chapter III - Articles 168 - 212 on The State Legislature.
Articles 168 - 177 General
Articles 178 - 187 on the Officers of the State Legislature,
Articles 188 - 189 on Conduct of Business,Articles 190 - 193 on Disqualification of members,
Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,
Articles 196 - 201 on Legislative Procedure,
Articles 202 - 207 on Procedure in Financial Matters,
Articles 208 - 212 on Procedure Generally.
Chapter IV - Article 213 on the Legislative Powers of the Governor
Article 213 - Power of governor to promulgate Ordinances during recess of Assembly of
state.
Chapter V - Articles 214 - 231 on The High Courts in the States.
Articles 214 - 231 on High Courts in the States,Chapter VI - Articles 233 - 237 on the Subordinate Courts
Articles 232 - 237 on Subordinate CourtsPart VII - consists of Articles on States in the B part of the First schedule.
Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch.
Part VIII - consists of Articles on The Union TerritoriesArticles 239 - 242 Administration, creation of Council of Ministers and High Courts
Part IX - consists of Articles on the Panchayat system.
Articles 243 - 243O on the Gram Sabha and Panchayat system
Part IXA - consists of Articles on Municipalities.
Articles 243P - 243ZG on Municipalities
Part X - consists of Articles on the scheduled and Tribal Areas
Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.
Part XI - consists of Articles on Relations between the Union and the States.
Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers
Articles 245 - 255 on Distribution of Legislative Relations
Chapter II - Articles 256 - 263 on Administrative Relations
Articles 256 - 261 - General
Article 262 - on Disputes relating to waters.
Article 263 - on Co-ordination between StatesPart XII - consists of Articles on Finance, Property, Contracts and Suits
Chapter I - Articles 264 - 291 on FinanceArticles 264 - 267 General
Articles 268 - 281 on Distribution Revenues between the Union and the States
Articles 282 - 291 on Miscellaneous Financial ProvisionsChapter II - Articles 292 - 293 on BorrowingArticles 292 - 293 on Borrowing by States
Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and
Suits
Articles 294 - 300 on Succession to property assets, liabilities, and obligations.
Chapter IV - Article 300A on the Right to Property
Article 300A - on Persons not to be deprived of property save by authority of law
Part XIII - consists of Articles on Trade and Commerce within the territory of India
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Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament andStates to impose restrictions on the same
Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch.
Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.
Part XIV - consists of Articles on Services Under the Union and the States
Chapter I - Articles 308 - 314 on ServicesArticles 308 - 313 on Services
Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act,
1972, s. 3 (w.e.f. 29-8-1972).
Chapter II - Articles 315 - 323 on the Public Service Commissions
Articles 315 - 323 on Public Service Commissions
Part XIVA - consists of Articles on Tribunals
Articles 323 A - 323 B
Part XV - consists of Articles on Elections
Articles 324 - 329 on Elections
Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act,1978, s. 36 (w.e.f. 20-6-1979).
Part XVI - consists of Articles on Special Provisions Relating to certain Classes.Articles 330 - 342 on Reservations
Part XVII - consists of Articles on Official LanguageChapter I - Articles 343 - 344 on Language of the Union
Articles 343 - 344 Official Language of the UnionChapter II - Articles 345 - 347 on Regional Languages
Articles 345 - 347 on Language of the State
Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc
Articles 348 - 349 on Language used in Supreme Court, High courts Etc
Chapter IV - Articles 350 - 351 on Special Directives
Article 350 - on Language to be used in representations for redress of grievances.
Article 350A - on Facilities for instruction in mother-tongue at primary stage.
Article 350B - on provision for Special Officer for linguistic minorities.
Article 351 - on Directive for development of the Hindi language.
Part XVIII - consists of Articles on Emergency Provisions
Articles 352 - 359 on Emergency Provisions
Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989,
s. 3
(w.e.f. 6-1-1990).
Article 360 - on Provisions as to financial emergency.Part XIX - Miscellaneous
Articles 361 - 361A - Miscellaneous
Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971,s. 2.Articles 363 - 367 - Miscellaneous
Part XX - consists of Articles on Amendment of the Constitution
Articles 368 on the Power of parliament to amend the constitution and procedure therefor
Part XXI - consists of Articles on Temporary, Transitional and Special Provisions
Articles 369 - 378A on Temporary, Transitional and Special Provisions
Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act,
1956,
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s. 29 and Sch.
Article 392 - on the Power of the President to remove difficulties.Part XXII consists of Articles on short title, date of commencement, Authoritative text in
Hindi and Repeals.
Articles 393 - 395 Commencement, authoritative text in Hindi and repeals
Latest Constitutional Amendment Bills
Almost all books available in the market, we find the information up to The Constitution (Ninety-
fourth Amendment) Act; 2006.This act has came into force on 12-06-2006. However we don't find
any crisp info regarding the current situation of further amendment acts/ bills. So we have tried to
solve this problem.
95th Amendment Bill:
The Constitution 95th amendment bill was passed and came into effect as Constitution (88th
Amendment Act 2003 to place "Service Tax " formally under Union List.
In the Seventh Schedule to the Constitution, under Article 246, the item relating to "taxes on
services" was not specifically mentioned in any entry either in the Union List or in the State List. At
the same time Entry 97 of the Union List empowers the Union Government to Make laws in respect
of any other law which is not enumerated in list II (State List ) and List III (Concurrent list), including
any tax which has not been mentioned in Union List or the State List. Since "Taxes on Services" is not
there in either of the lists, the central government kept levying the service tax exercising the powers
under Entry 97 of the union List. ''
To place the Service Tax formally, The Constitution 95th Amendment Bill was passed in Lok Sabha on
May 7, 2003. (link) . After coming into effect as Constitution (88th Amendment Act 2003, this
amendment act has inserted article 268A and amended article 270. It inserted in the Union List Item
92 C 'taxes on services"
96th Amendment Bill:
Constitution (96th amendment )Bill was passed by Lok Sabha on May 6, 2003 & Rajya Sabha on
August 5, 2003. This act updates delimitation against the very latest count of the population.
Background: The 42nd amendment of the Constitution had imposed a freeze on the delimitation of
the constituencies. 42nd amendment also provided that until the relevant figures for the first census
taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of
seats in the House of the People to the States and the division of each State into territorial
constituencies under this article.".
In this context, Constitution 84th amendment act 2001 (It came into force on 21-02-2002 ) lifted the
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freeze on delimitation of the constituencies imposed by the 42nd amendment act and allowed
delimitation within the states on the basis of 1991 census. However, readjustment of seats on Lok
Sabha & Rajya Sabha was frozen up to 2026.
Pursuant to Constitution 84th amendment act 2001, the delimitation act 2002 was also passed. This
paved the way for constitution of Delimitation Commission on July 12, 2002. Justice Kuldip Singh, aretired Judge of Supreme court was appointed its chairman and one member of election commission
and state election commissioners as its ex-officio members.
In June 2003, Parliament Passed the Constitution (87th amendment act) 2003. This amendment
provided that the delimitation of the assembly and parliamentary seats should be done on the basis
of 2001 census figures. This decision made the Delimitation Commission to start work afresh.
Meanwhile in March 2004, the Lok Sabha got dissolved and fresh elections were held for 14th Lok
Sabha. During the same period Guwahati High Court stated the delimitation exercise in respect with
Arunachal Pradesh, Assam, Nagaland and Manipur. The court took this decision on the basis of
dispute in census figures.
Thus we can understand that the main task of the Delimitation Commission set up, under the
Delimitation Bill 2002, pursuant to the 84th Amendment, is to re-adjust the territorial constituencies
in the House of the People with regard to the seats allocated to each state and the re-adjustment of
the territorial constituencies of the Legislative Assembly of each state.
In other words, the rationalization of the constituencies, including re-fixing of the number of seats
reserved for the Scheduled Castes and Scheduled Tribes, was earlier to be done on the basis of the
1991 Census and after 84th amendment on the basis of 2001 Census. But within the overall number
of seats allocated to each state for Parliament and within the state for its Assembly as frozen at the
1971 levels. The 96th Constitutional Amendment is a progressive step that updates delimitation
against the very latest count of the population.
97th Amendment Bill:
The Constitution (97th Amendment) is also known as an amendment to Anti-Defection Law.
Background: Defection which literally means (withdrawing support or help despite allegianceor
responsibility) leads to political instability. The Constitution (52nd Amendment) Act 1985 was passed
to curb the menace of defection and clip the wings of Aya Ram, Gaya Ram (political word for
describing the practice of floor-crossing by members).
This amendment added the Tenth Schedule to the constitution which contained the provisions
regarding the disqualification of members of the parliament or state legislatures in the event of
defection. In other words Tenth Schedule, also known as the Anti-Defection Act was included in the
Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of
elected members on the grounds of defection to another political party.
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Further Constitution (Ninety First Amendment) act of 2003 brought certain changes in the 1985 Anti-
defection Law. This amendment deleted paragraph 3 of the Tenth Schedule. Deleting this paragraph
allowed one-third of the legislature party to split without attracting provisions of the existing ant
defection law. The Constitution (Ninety First Amendment) debarred the defectors from holding any
public office as a minister or any other remunerative post till the end of the current term or till fresh
elections are hold.
At the same time, the Constitution (Ninety First Amendment) 2003 also sought to check defection by
restricting the size of Council of Ministers 15% of the Lok Sabha & Assembly members.
Due the these developments, it is not possible for handful members to split and create new parties.
If any member splits, he disqualifies the membership and seek fresh election.
Further, there was one more amendment to Anti Defection Law in the form of Constitution (97th
Amendment) Act. The 97th amendment bill sought to reduce the size of the ministerial council to
10% of the members. In other words, after this amendment, the size of the Council of Ministers
cannot be more than 10 per cent of respective strengths of Parliament and State legislatures.
This amendment was carried out during NDA Government's regime and based upon
recommendations made by Dinesh Goswami Committee, Law Commission of India and the National
Commission to Review the Working of the Constitution (NCRWC).
98th Amendment Bill:
The Constitution 98th amendment Bill sought to constitute a National Judicial Commission. The bill
propsed to include a Chapter IV-A in Part V of the Constitution which shall be in charge of appointing
judges to the higher judiciary and for transferring High Court Judges. The bill also sought to
empower the National Judicial Commission to draw up a code of ethics for judges, inquire into the
cases of misconduct or deviant actions of a judge other than those that are punishable with his or
her removal, and advise the chief justice of India or chief justice of High Courts appropriately after
such enquiry.
99th Amendment Bill:
The constitution (99th amendment) Bill sought to protect the rights of the non-tribals in the newly
elected Bodo Territorial Council (BTC) by keeping intact the existing representation of the scheduled
tribes and nonscheduled tribes in the Assam legislative assembly from the Bodoland territorialCouncil Areas district. This amendment bill came in effect as constitution 90th Amendment act 2003.
100th Amendment Bill:
The Constitution (100th) amendment Bill sought to insert Bodo, Dogri, Maithili and Santhali in the
8th schedule of the constitution. This act was passed and came into force as Constitution (92nd
Amendment) Act 2003. This act took the number of official languages in India to 22.
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103rd Amendment Bill:
The Constitution (One Hundred and Third Amendment) Bill, 2004 along with National Commission
for Minorities (Repeal) Bill, 2004 was introduced in Lok Sabha on 23.12.2004. Bills were referred to
the Department-related Parliamentary Standing Committee on Social Justice and Empowerment.Chairperson of this committee was Smt Sumitra Mahajan and the committee submitted its report on
February 21, 2006.
Background:
In 6 states& UTs viz. Jammu & Kashmir, Lakshadweep, Mizoram, Meghalaya, Nagaland and Punjab,
the Hindus are a minority in contrast with the rest of the country.
The minority standard of Muslims, Sikhs, Buddhists and Parsees who are designated as minority in
India should not be applicable to these states. For example, in Punjab Sikhs are in majority, in J& K
Muslims are in majority.
"On August 8, 2005, a Supreme Court judgment decreed that Jains should not be treated as a
minority at the national level and no more communities should be declared as a minority at the
national level. Only the state government may declare communities as minorities. ."
Constitution (One Hundred and Third Amendment) Bill, 2004 along with National Commission for
Minorities (Repeal) Bill, 2004 was to bring an end to these anomalies. Bill proposed states as the
basic unit to judge which community is a minority in which state.
Some features:
The National Commission for Minorities (Repeal) Bill, 2004 repeals the National Commission for
Minorities Act, 1992. It proposed to dissolve the National Commission for Minorities.
The Constitution (One Hundred and Third Amendment) Bill, 2004 proposed to establish a new
National Commission for Minorities, with a constitutional status, in order to inspire greater
confidence towards the effectiveness of the Commission.
The states would be asked for their view on the basis of data available as to who is a minority. They
will be consulted by the President of India, would then notify the minorities in that state. While the
President is to consult the states, he would not be bound to act on their advice.
Current Status: The Bill got lapsed.
Note: On May 3, 2007, the Union Cabinet approved for moving the official amendments to the
Constitution (One Hundred and Third Amendment) Bill & National Commission for Minorities
(Repeal) Bill, 2004.
104th Amendment Bill:
Constitution (One Hundred and Fourth Amendment) Bill was pased 22nd December, 2005. President
A. P. J. Abdul Kalam signed it on January 20, 2006 and the 104th Constitution Amendment Bill
became the the Constitution 93rd amendment Act, 2005.
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This bill has been quite famous as "Quota Bill". It adds a new clause to Article 15 of the Constitution.
This act amends the article 15 and adds clause 15(5) after Clause 15(4).
Clause(5) says:
"Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from
making any special provision,by law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as suchspecial provisions relate to their admission to educational institutions including private educational
institutions, whether aided or unaided by the State, other than the minority educational institutions
referred to in clause (1) of article 30.".
Short Background:
In August 12, 2005 Supreme Court had delivered a judgement by 7 judges uninamously in case of
P.A. Inamdar & Ors. vs. State of Maharashtra & Ors..
Supreme court declared that State can't impose its reservation policy on minority and non-minority
unaided private colleges, including professional colleges.
The 93rd Constitutional amendment was brought (in a hurry) for ensuring reservations to other
backward classes and Scheduled castes and Tribes in Private Educational institutions.
The move was to reverse the Supreme Court Judgement.
In April 2008, the Supreme Court of India upheld the Government's move for initiating 27% OBC
quotas in Government funded institutions.
The Court has reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of
reservation policy. The Supreme Court avoided answering the question whether reservations can be
made in private institutions, stating that the question will be decided only as and when a law is
made making reservations in private institutions.
In conclusion, this amendment enables the constitution to provide for reservations for OBCs in all
"educational institutions" including private, whether aided or unaided, excepting minority
educational institutions. It brought all private institutions, whether aided or unaided, under the
purview of the Government's policies on reservation and fee structure, it has also quietly achieved
much more than that by widening the scope of the Amendment Act to specifically include the term
"admission to educational institutions". Article 15 of the constitution, as it was originally framed in
1950, stated the following and did not include the term "admission to educational institutions".
105th Amendment Bill:
The Constitution (One Hundred Fifth) Amendment Bill, 2006 sought to exclude Bihar from purview of
article 164 (1) and to extend the provision of this article to Chhattisgarh and Jharkhand. This bill was
passed and got assent of the President on June 12, 2006. The bill came in effect as Constitution (94thAmendment) Act 2006.
Note: Article 164 (1) provides for a minister in charge of the tribal welfare, who may in addition be in
charge of the welfare of the scheduled castes and backward classes of Bihar, Madhya Pradesh &
Orissa.
106th Amendment Bill:
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Constitution (One Hundred and Sixth Amendment) Bill, 2006 was introduced in the Lok Sabha on
May 22, 2006. It was referred to the Department Related Standing Committee on Agriculture which
submitted its report on August 20, 2007. Chairperson of this committee was Prof. Ram Gopal Yadav.
Background:
The Constitution (106th Amendment) Bill proposed to to insert a new part IX B in the Constitutionand adding Articles 243ZH through 243ZT providing for incorporation, regulation and winding up of
co-operative societies.
The bill specified maximum number of Board members and the tenure of the members.
The bill also specified for elections to be held before the expiry of the term of the Board.
The bill specified that the Board of a co-operative society that has government shareholding or loans
can be superseded for the maximum period of six months.
State governments can co-opt upto two nominees on the Board of a co-operative society.
The Bill specified certain offences related to co-operative societies. State legislatures can define the
penalties related to co-operative societies.
Note: Government of India had constituted a high powered committee in 2005 in the chairmanship
of Shri Shivajirao G. Patil to review the achievements of the cooperatives during the last one
hundred years, identify the challenges faced by the sector and suggest measures to address them to
enable the movement to keep pace with the changing socio-economic environment. The committee
was also asked to recommend appropriate lagislation for the Co-operatives.
The committee reviewed the Constitution Amendment Bill (106th Amendment Bill 2006) and
recommended some more changes including that introducing new part IXB after part IXA along with
the Panchayati Raj Institutions (PRI) and Municipalities would imply that cooperatives are a part of
governance. The committee recommended at any other place in the constitution. Committee also
suggested that no supersession of the Board of Directors should be allowed in any case where
government share holding is less than 51%..
In August 2008 Union Cabinet gave approval for moving certain official amendments in the
Constitution (One Hundred and Sixth Amendment) Bill, 2006. This decision included benefits like
empowerment of cooperatives by inserting article 43B in Part-IV of the Constitution providing for
Voluntary formation, autonomous functioning, democratic control and professional management.
Audit by independent auditors or Auditing firms out of the panel approved by State Government or
an authority authorized by the Government in this behalf.
Free and fair elections to be conducted by an independent body.
Directors in the Cooperative Societies will also include two women and one Scheduled Caste
representatives.
107th Amendment Bill:
The Constitution (One Hundred and Seventh Amendment) Bill, 2007 had been introduced in Lok
Sabha on November 30, 2007. The Sixth Schedule to the Constitution (Amendment) Bill, 2007 was
also introduced with the same bill.
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Current Position: This bill got lapsed.
Background: These bills sought to amend the Constitution to include Gorkha Hill Council, Darjeeling
in the Sixth Schedule
What is Sixth Schedule? Sixth Schedule Articles 244 and 275 provides for the creation ofautonomous District Councils in certain tribal areas of the North-Eastern states viz.
Assam,meghalaya,tripura,mizoram. The Bill sought to form a District Council for the hill areas of
Darjeeling in West Bengal called the Gorkha Hill Council, Darjeeling (GHC). All District Councils have
the power to make laws on a range of subjects such as the allotment of land, use of water course,
and inheritance of property. The GHC has the power to make laws on 45 additional subjects such as
agriculture, education and transport.
The Bills were referred to the Standing Committee on Home Affairs which submitted its report on
Feb 28, 2008. Chairperson of this committee was Sushma Swaraj. Standing Committee was unable to
verify facts on the ground. Therefore, it accepted the views of the central and state governments
and recommended that the Bills be passed with some amendments.
108th Amendment Bill:
Constitution (108th Amendment) Bill or Womens Reservation Bill has been the most highlighted
amendment bills of recent times. This bill was introduced in Rajya Sabha on May 6, 2008 and passed
in Rajya Sabha on March 9, 2010.
Background:
Constitution (108th Amendment) Bill 2008 seeks to reserve one-third of all seats for women in Lok
Sabha and the state legislative assemblies. The allocation of the reserve seats to be determined by
an authority or as prescribed by the parliament. Seats may be allotted by rotation.
The bill also seeks to reserve one-third of SC & ST seats for women of those classes.
The bill further says that the reservation shall cease to exist in 15 years from the commencement of
the act.
109th Amendment Bill:
Constitution (109th Amendment Act) 2009 was passed by Rajya Sabha on the 3rd August, 2009 &
Lok Sabha on the 4th August, 2009 and ratified by the legislatures of not less than one-half of the
states, and assented to on 18 Jan., 2010.
Background: Through this amendment article 334 of the Constitution, for the words "sixty years",the words "seventy years" shall be substituted.
This article has sought to extend the reservation of seats for SCs and STs in the Lok Sabha and state
assemblies by another 10 years. The time period of 60 years under article 334 of the constitution
was to lapse on January 25, 2010 and this bill extends the reservation beyond January 25, 2010.
Current status : Passed and this is the Latest Passed Amendment Act
110th Amendment Bill:
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The Constitution (One Hundred and Tenth Amendment) Bill, 2009 was introduced in the Lok Sabha
on November 26, 2009 by the Minister of Panchayati Raj, Shri C.P. Joshi.
Background:
Article 243D of the Constitution provides that a minimum of one-third of the total number of seatsfilled by direct elections in the Panchayats shall be reserved for women. The seats may be allotted by
rotation to different constituencies in a Panchayat.
Offices of Chairpersons in Panchayats shall be reserved for SC/STs and women in a manner to be
prescribed the state legislatures. The reservation shall be in proportion to the population of SC/STs
in the state. Also, a minimum of one-third seats shall be reserved for women among the total
number of offices of Chairpersons in the Panchayats.
The Bill seeks to amend the article 243D to enhance the quantum of reservation for women from
one-third to one-half of the total seats in the Panchayats. Similar reservation shall be provided
among the total number of offices of Chairpersons.
Current Status:
The bill is pending . The Bill was referred to the Department related Standing Committee on Rural
Development (Chairperson: Smt Sumitra Mahajan), which has to submit its report.
111th Amendment Bill:
The Constitution (One Hundred and Eleventh Amendment) Bill, 2009 was introduced in the Lok
Sabha on November 30, 2009 by Sh. Sharad Pawar , Minister of Agriculture, Consumer Affairs and
Public Distribution System.
Background:
The Bill adds a new Directive Principles of State Policy stating that the State shall endeavour to
promote voluntary formation, autonomous functioning, democratic control and professional
management of co-operative societies.
It further inserts a new part IX B in the Constitution (adding Articles 243ZH through 243ZT), which
outlines certain guidelines for running co-operative societies.
112th Amendment Bill:
The Constitution (112 th Amendment) Bill was introduced in the Lok Sabha on November 24, 2009
and this bill seeks to seeks to amend many clauses of Article 243T of the Constitution, providing forreservation of seats for Scheduled Castes and Scheduled Tribes and also for the women in Urban
local Bodies.
Current Status (Till: March 2010) :This Bill has been approved and now has been referred to the
Departmentally-related Parliamentary Standing committee on Urban Development for examination
and report in March 2010.
Parliamentary Standing committee on Urban Development now invites suggestions the same bill.
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The committee is headed by Mr. Sharad Yadav. The memoranda containing views of the
individuals/organizations interested in the subject matter of the Bill, and also to hear oral evidence
on the subject are invited.
Background: The Constitution (112th Amendment) Bill 2009 to provide for 50% reservationof
women in Urban Local Bodies. Through this Bill the Government of India seeks to increase therepresentation of women in Urban Local Bodies (ULBs) from the present level of one-third to 50
percent which would also include enhancement of reservation for women upto 50 percent in seats
reserved for Scheduled Castes, Scheduled Tribes, and 50 percent reservations for women in the
posts of Chairpersons. This would result in
increased representation of women in ULBs and is likely to yield significant benefits in terms of
higher priority to womens issues in critical areas of urban Governance and service delivery such as
water supply, sanitation, solid waste management, education and health, etc.
Article 243T:
Article 243T of the Constitution provides that a minimum of one-third of the total number of seats
filled by direct elections in every Municipality shall be reserved for women.
The seats may be allotted by rotation to different constituencies in a Municipality.
Also, a minimum of one-third seats shall be reserved for SC/ST women within the seats reserved for
SC/STs in a Municipality.
Offices of Chairpersons in Municipality shall be reserved for SC/STs and women in a manner to be
prescribed the state legislatures.
The reservation of SC/STs shall be in proportion to the population of SC/STs in the state.
113th Amendment Bill:
The latest amendment bill is Constitution (One Hundred and Thirteenth Amendment) Bill, 2010
which was introduced on March 15, 2010. The Current Status of this bill is : pending
Background: The Government of Orissa had forwarded to the Central Government in December
2008, the Resolution passed by the Legislative Assembly of Orissa on 28th August, 2008 that, inter
alia, the name of the language specified as "Oriya", in the Eighth Schedule of Constitution be
accordingly and authorised the Government of Orissa to place the matter before Government of
India for change of name of the State and change of language of the State and change of their Hindi
translations. The Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 seeks to change
of name of the language mentioned in the Eighth Schedule of the Constitution of India, from 'Oriya'
to 'Odia'.
Please note that the bill that seeks to change the name of Orissa to Odisha is Orissa (Alteration of
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Introduction to Indian Constitution
The Constitution of India is the world's lengthiest written constitution with 395 articles and 8
schedules. It contains the good points taken from the constitution's of many countries in the world.
It was passed on 26 Nov 1949 by the 'The Constituent Assembly' and is fully applicable since 26 Jan
1950. The Constituent Assembly had been elected for undivided India and held its first sitting on 9thDec.1946, re-assembled on the 14th August 1947, as The Sovereign Constituent Assembly for the
dominion of India. In regard to its composition the members were elected by indirect election by the
members of The Provisional Legislative Assemblies (lower house only). At the time of signing 284 out
of 299 members of the Assembly were present.
The constitution of India draws extensively from Western legal traditions in its outline of the
principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper
house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the
United States constitution. It also borrows the concept of a Supreme Court from the US.
India is a federal system in which residual powers of legislation remain with the central government,
similar to that in Canada. The constitution provides detailed lists dividing up powers between central
and state governments as in Australia, and it elaborates a set of Directive Principles of State Policy as
does the Irish constitution.
The constitution has provision for Schedules to be added to the constitution by amendment. The ten
schedules in force cover the designations of the states and union territories; the emoluments for
high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha. A review of
the constitution needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it.
The Indian constitution is one of the most frequently amended constitutions in the world. Infact the
first amendment to it was passed after only a year of the adoption of the constitution and instituted
numerous minor changes. Many more amendments followed, a rate of almost two amendments per
year since 1950. Most of the constitution can be amended after a quorum of more than half of the
members of each house in Parliament passes an amendment with a two-thirds majority vote.
Articles pertaining to the distribution of legislative authority between the central and state
governments must also be approved by 50 percent of the state legislatures.
Preamble of The 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 ourselves this Constitution.
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The Union and Its Territory
Article 1: Name and territory of the Union
India, that is Bharat, shall be a Union of States.
The States and the territories thereof shall be as specified in the First Schedule.
The territory of India shall comprise:The territories of the States
The Union territories specified in the First Schedule; and such other territories as may be acquired.
Article 2: Admission or establishment of new States
Parliament may by law admit into the Union, or establish, new States on such terms and conditions
as it thinks fit.
Article 3: Formation of new States and alteration of areas, boundaries or names of existing States
Parliament may by law:
Form a new State by separation of territory from any State or by uniting two or more States or parts
of States or by uniting any territory to a part of any State
Increase the area of any State
Diminish the area of any State
Alter the boundaries of any State
Alter the name of any State [Provided that no Bill for the purpose shall be introduced in either House
of Parliament except on the recommendation of the President and unless, where the proposal
contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been
referred by the President to the Legislature of that State for expressing its views thereon within such
period as may be specified in the reference or within such further period as the President may allow
and the period so specified or allowed has expired.]
Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth
Schedules and supplemental, incidental and consequential matters
Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the
First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the
law and may also contain such supplemental, incidental and consequential provisions (including
provisions as to representation in Parliament and in the Legislature or Legislatures of the State or
States affected by such law) as Parliament may deem necessary.
No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes
of article 368.
Citizenship
Article 5: Citizenship at the commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the territory of
India and
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Who was born in the territory of India; or
Either of whose parents was born in the territory of India; or
Who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India.
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in article 5, a person who has migrated to the territory of India from the
territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of
this Constitution if:
He or either of his parents or any of his grand-parents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and
In the case where such person has so migrated before the nineteenth day of July, 1948, he has been
ordinarily resident in the territory of India since the date of his migration, or
In the case where such person has so migrated on or after the nineteenth day of July, 1948, he has
been registered as a citizen of India by an officer appointed in that behalf by the Government of the
Dominion of India on an application made by him therefor to such officer before the
commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India
for at least six months immediately preceding the date of his application.
Article 8: Rights of citizenship of certain migrants to Pakistan:
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,
migrated from the territory of India to the territory now included in Pakistan shall not be deemed to
be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the
territory now included in Pakistan, has returned to the territory of India under a permit for
resettlement or permanent return issued by or under the authority of any law and every such person
shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India
after the nineteenth day of July, 1948.
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India
Notwithstanding anything in article 5, any person who or either of whose parents or any of whose
grand-parents was born in India as defined in the Government of India Act, 1935 (as originally
enacted), and who is ordinarily residing in any country outside India as so defined shall be deemedto be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular
representative of India in the country where he is for the time being residing on an application made
by him therefor to such diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
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No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by
virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
Article 10: Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of
this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be
such citizen.
Article 11: Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make
any provision with respect to the acquisition and termination of citizenship and all other matters
relating to citizenship.
Parliament ofIndia
Parliament
Parliament is the supreme legislative body of India. The Indian Parliament comprises of the President
and the two Houses-Lok Sabha (House of the People) and Rajya Sabha (Council of States). The
President has the power to summon and prorogue either House of Parliament or to dissolve Lok
Sabha.
The Constitution of India came into force on January 26, 1950. The first general elections under the
new Constitution were held during the year 1951-52 and the first elected Parliament came into
being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the
Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March,
1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth
Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May,
1996, the Twelfth Lok Sabha in March, 1998, Thirteenth Lok Sabha in October, 1999, Fourteenth Lok
Sabha in May, 2004 and Fifteenth Lok Sabha in April, 2009.
Rajya Sabha
The origin of Rajya Sabha can be traced back to 1919, when in pursuance to the Government of India
Act, 1919, a second chamber known as the Council of States was created. This Council of States,comprising of mostly nominated members was a deformed version of second chamber without
reflecting true federal features. The Council continued to function till India became independent.
The Rajya Sabha, its Hindi nomenclature was adopted in 23 August, 1954.
The Rajya Sabha is to consist of not more than 250 members - 238 members representing the States
and Union Territories, and 12 members nominated by the President.
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Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the
members retire every second year, and are replaced by newly elected members. Each member is
elected for a term of six years.
The Vice President of India is the ex-officio Chairman of Rajya Sabha. The House also elects a Deputy
Chairman from among its members. Besides, there is also a panel of "Vice Chairmen" in the RajyaSabha. The senior most Minister, who is a member of Rajya Sabha, is appointed by the Prime
Minister as Leader of the House.
Lok Sabha
Parliamentary institutions in India, with all their modern ramifications, owe their origin to India's
British connections. Until 1853, there was no legislative body distinct from the Executive. The
Charter Act of 1853, for the first time provided some sort of a legislature in the form of a 12 member
Legislative Council. The Indian Independence Act, 1947 declared the Constituent Assembly of India
to be a full sovereign body. Apart from being a Constitution drafting body, it also assumed full
powers for the governance of the country. With the coming into force of the Constitution on 26
January, 1950, the Constituent Assembly functioned as the Provisional Parliament until the first Lok
Sabha, then known as the House of People, and was constituted following General Elections in 1952.
Lok Sabha, the Hindi nomenclature was adopted on 14 May, 1954.
The Lok Sabha is composed of representatives of people chosen by direct election on the basis of
Universal Adult Suffrage. The Constitution provides that the maximum strength of the House be 552
members - 530 members to represent the States, 20 members to represent the Union Territories,
and 2 members to be nominated by the President from the Anglo-Indian Community. At present, the
strength of the House is 545 members.
The term of the Lok Sabha, unless dissolved, is five years from the date appointed for its first
meeting. However, while a proclamation of emergency is in operation, this period may be extended
by Parliament by law for a period not exceeding one year at a time and not extending in any case,
beyond a period of six months after the proclamation has ceased to operate.
Difference between Lok Sabha and Rajya Sabha
Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are
elected by the elected members of State Legislative Assemblies in accordance with the system of
proportional representation by means of single transferable vote.
The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body.
Lok Sabha is the House to which the Council of Ministers is responsible under the Constitution.
Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha, which grants the money forrunning the administration of the country.
Rajya Sabha has special powers to declare that it is necessary and expedient in the national interest
that Parliament may make laws with respect to a matter in the State List or to create by law one or
more all-India services common to the Union and the States.
Functions and Powers
The cardinal functions of the Legislature include overseeing of administration, passing of budget,
ventilation of public grievances, and discussing various subjects like development plans,
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international relations, and national policies. The Parliament can, under certain circumstances,
assume legislative power with respect to a subject falling within the sphere, exclusively reserved for
the states. The Parliament is also vested with powers to impeach the President, remove judges of
Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in
accordance with the procedure laid down in the Constitution. All legislation requires the consent of
both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. TheParliament is also vested with the power to initiate amendments in the Constitution.
Prime Minister of India
Powers of Prime Minister
Appoints the COuncil of Ministers.
Allocates portfolios. Can ask a minister to resign and can get him dismissed by President.
Assist the President in appointment of all high officials.
Can recommend to the President to declare emergency on grounds of war, external aggression or
armed rebellion.
Advises President about President's rule in the State or emergency due to financial instability.
The President convenes and prorogues all sessions of Parliamenr in consultation with him/her.
Can recommend the dissolution of Lok Sabha before expire.
Leader of the House
Dr. Manmohan Singh (May 22, 2004 - till date) - Party (INC)
Indias fourteenth Prime Minister, Dr. Manmohan Singh is rightly acclaimed as a thinker and a
scholar. He is well regarded for his diligence and his academic approach to work, as well as his
accessibility and his unassuming demeanour. Prime Minister Manmohan Singh was born on
September 26, 1932, in a village in the Punjab province of undivided India. Dr. Singh completed his
Matriculation examinations from the Panjab University in 1948. His academic career took him from
Punjab to the University of Cambridge, UK, where he earned a First Class Honours degree in
Economics in 1957. Dr. Singh followed this with a D.Phil in Economics from Nuffield College at
Oxford University in 1962. His book, India's Export Trends and Prospects for Self-Sustained Growth
[Clarendon Press, Oxford, 1964] was an early critique of India's inward-oriented trade policy.
Dr. Singhs academic credentials were burnished by the years he spent on the faculty of Punjab
University and the prestigious Delhi School of Economics. He had a brief stint at the UNCTAD
Secretariat as well, during these years. This presaged a subsequent appointment as Secretary
General of the South Commission in Geneva between 1987 and 1990. In 1971, Dr. Singh joined the
Government of India as Economic Advisor in the Commerce Ministry. This was soon followed by his
appointment as Chief Economic Advisor in the Ministry ofFinance in 1972. Among the many
Governmental positions that Dr. Singh has occupied are Secretary in the Ministry ofFinance; Deputy
Chairman of the Planning Commission; Governor of the Reserve Bank of India; Advisor of the PrimeMinister; and Chairman of the University Grants Commission. In what was to become the turning
point in the economic history of independent India, Dr. Singh spent five years between 1991 and
1996 as Indias Finance Minister. His role in ushering in a comprehensive policy of economic reforms
is now recognized worldwide. In the popular view of those years in India, that period is inextricably
associated with the persona of Dr. Singh.
Among the many awards and honours conferred upon Dr. Singh in his public career, the most
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prominent are Indias second highest civilian honour, the Padma Vibhushan (1987); the Jawaharlal
Nehru Birth Centenary Award of the Indian Science Congress (1995); the Asia Money Award for
Finance Minister of the Year (1993 and 1994); the Euro Money Award for Finance Minister of the
Year (1993), the Adam Smith Prize of the University of Cambridge (1956); and the Wright's Prize for
Distinguished Performance at St. John's College in Cambridge (1955). Dr. Singh has also been
honoured by a number of other associations including by the Japanese Nihon Keizai Shimbun.
Dr. Singh has represented India at many international conferences and in several international
organizations. He has led Indian Delegations to the Commonwealth Heads of Government Meeting
in Cyprus (1993) and to the World Conference on Human Rights in Vienna in 1993. In his political
career, Dr. Singh has been a Member of Indias Upper House of Parliament (the Rajya Sabha) since
1991, where he was Leader of the Opposition between 1998 and 2004.
Atal Bihari Vajpayee (May 16, 1996 - June 1, 1996 and March 19, 1998 - May 22, 2004) - Party (BJP)
A man of the masses, firm in his political convictions. On October 13, 1999, he took charge as Prime
Minister of India for the second consecutive term at the head of a new coalition government, the
National Democratic Alliance. He was Prime Minister for a short period in 1996. He is the only Prime
Minister since Pandit Jawaharlal Nehru to have become Prime Minister of India with two successive
mandates. A veteran Parliamentarian whose career stretches over four decades, Shri Vajpayee has
been elected to the Lok Sabha (House of the People) nine times and to the Rajya Sabha (House of
the States) twice, a record by itself. As India's Prime Minister, Foreign Minister, Chairperson of
various important Standing Committees of Parliament and Leader of the Opposition, he has been an
active participant in shaping India's post-Independence domestic and foreign policy. Shri Vajpayee's
first brush with nationalist politics was in his student days, when he joined the Quit India Movement
of 1942 which hastened the end of British colonial rule. A student of political science and law, it was
in college that he developed a keen interest in foreign affairs - an interest he has nourished over the
years and put to skilful use while representing India at various multilateral and bilateral fora.
Shri Vajpayee had embarked upon a journalist's career, which was cut short in 1951 when he joined
the Bharatiya Jana Sangh, the fore-runner of today's Bharatiya Janata Party, the leading component
of the National Democratic Alliance. A critically acclaimed poet, he still takes time off from affairs of
state of indulge in music and in a bit of gourmet cooking. Born in the family of a humble school
teacher on December 25 1924, in the erstwhile princely state of Gwalior (now a part of the Indian
State of Madhya Pradesh), Shri Vajpayee's rise in public life is a tribute to both his political acumen
and Indian democracy. Over the decades, he has emerged as a leader who commands respect for his
liberal worldview and commitment to democratic ideals.
An ardent champion of women's empowerment and social equality, Shri Vajpayee believes in aforward-looking, forward moving India, a strong and prosperous nation confident of its rightful place
in the comity of nations. He stands for an India anchored in 5000 years of civilisational history, ever
modernising, ever renewing, ever re-energising itself to meet the challenges of the next 1000 years.
India's second highest civilian honour, the Padma Vibhushan, was conferred upon him in recognition
of his selfless dedication to his first and only love, India, and his more than half-a-century of service
to society and the nation. In 1994, he was named India's 'Best Parliamentarian.' The citation read:
"True to his name, Atalji is an eminent national leader, an erudite politician, a selfless social worker,
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forceful orator, poet and litterateur, journalist and indeed a multi-faceted personalityAtalji
articulates the aspirations of the masses his works ever echo total commitment to nationalism.
Shri Inder Kumar Gujral (April 21, 1997 - March 19, 1998) - Party (Janta Dal)
Shri Inder Kumar Gujral was sworn in as the 12th Prime Minister of India on Monday, the 21st of
April, 1997. Son of Late Shri Avtar Narain Gujral and Late Smt. Pushpa Gujral, Shri Gujral is M.A.,B.Com. Ph.D. & D.Litt. (Hons. Causa). He was born at Jhelum (in undivided Punjab) on 4th December
1919. He and Smt. Shiela Gujral were married on May 26, 1945. Shri Gujral belongs to a family of
freedom fighters: both his parents participated in the freedom struggle in Punjab. At the young age
of eleven, he himself actively participated in the freedom struggle in 1931 and was arrested and
severely beaten by the police for organising movement of young children in the Jhelum town. In
1942, he was jailed during the Quit India Movement. Before assuming the office of the Prime
Minister of India, Shri Gujral was the Minister of External Affairs from June 1, 1996 and held
additional charge of the Ministry of Water Resources from June 28, 1996. He was the Minister of
External Affairs earlier during 1989-1990. He was Ambassador of India to U.S.S.R. (Cabinet Rank)
from 1976-1980 and held the following Ministerial positions from 1967-1976:
Minister of Communications & Parliamentary Affairs
Minister of Information & Broadcasting and Communications
Minister of Works & Housing
Minister of Information & Broadcasting
Minister of Planning.
Parliamentary positions held: Leader of the House, Rajya Sabha from June 1996; Chairman of
Parliamentary Standing Committee on Commerce & Textiles, 1993 to April 1996; Member of
Parliamentary Standing Committee for External Affairs till April 1996; Member of Parliament 1964
to 1976, 1989 to 1991; re-elected to Rajya Sabha in 1992 from Bihar; Member, Committee on
Petitions, Public Accounts Committee, Committee on Rules, Rajya Sabha; Committee on Subordinate
Legislation, Rajya Sabha; General Purposes Committee, Rajya Sabha; Standing Committee on
External Affairs.
Other important offices held: Chairman, Indian Council of South Asian Co-operation; Member of the
Capital Plan Monitoring Committee; former President of the Institute of Defence Studies & Analysis
(IDSA); Chairman of the official Committee for the Promotion of Urdu (Gujral Committee); Vice-
President of the New Delhi Municipal council 1959-64; President Lahore Students Union; General
Secretary of the Punjab Students Federation; Convenor and Spokesman of United Front of the
Opposition Parties Conclave at Calcutta, Srinagar and Delhi.
International delegations: Leader of the Indian Delegation to United Nations General Assembly
1996; Leader of the Indian Delegation to UN Session of Human Rights, Geneva 1995; Leader of the
Indian Delegation to the UN General Assembly 1990; Leader of the Indian Delegation to the UN
Special Session of Economic Development 1990; Member, Indian Delegation to UNO 1995 and 1994;
Leader of the Indian Delegation to UNESCO Conference on Education and Environment, 1977;
Alternate Leader of the Indian Delegation to the UNESCO Session in 1970, 1972 and 1974; Chairman,
UNESCO Seminar on Man and New Communication Systems, Paris 1973; Delegate -Inter-
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Parliamentary Union Conference-Bucharest 1995; Delegate Commonwealth Parliamentary
Association Conference, Canada 19194; Delegate Inter-Parliamentary Union Meeting Canberra
(Australia) 1967; Alternate Leader of Indian Delegation to the UN Session on Environment,
Stockholm 1974; Special Envoy of India to Gabon, Cameroon, Congo, Chad and Republic of Central
Africa 1975; Special Envoy of India to the inaugural of the Republic of Malawi 1966; Special Envoy to
Bulgaria 1961; Union Minister in attendance to President of India during State Visits to Sri Lanka,Bhutan, Egypt and Sudan; Chairman Indian Council of South Asian Co-operation; Co-Chairman
Asian Rotary Conference 1961.
Social organisations with which he was associated: President, Nari Niketan Trust & A.N. Gujral
Memorial School, Jalandhar (Punjab); President, Indo-Pak Friendship Society; Founder President of
Delhi Art Theatre; Vice-President of Lok Kalyan Samiti; President of Rotary Club of Delhi 1960; Co-
Chairman of the Asian Rotary Conference in 1961.
Special interests: Shri Gujral has been a writer and commentator on National and International
Affairs, as well as theatre.
Shri H. D. Deve Gowda (June 1, 1996 - April 21, 1997) - Party (Janta Dal)
Shri H. D. Deve Gowda, a staunch crusader of socio-economic development and an ardent admirer of
the rich cultural heritage of India, was born on May 18, 1933 in Haradanahalli village of
Holenarasipura taluk, Hassan District in Karnataka. A Civil Engineering Diploma holder, Shri Deve
Gowda plunged into active politics at the early age of 20 when, after completing his education, he
joined the Congress Party in 1953 and remained a member till 1962. Coming from a middle class
agrarian background and exposed to the hardships of farmers life, young Gowda vowed to become
a fighter who would take up the cause of poor farmers, under privileged and oppressed sections of
society. Starting from lower strata of the democratic set-up, Shri Gowda ascended the political rungs
gradually. He earned himself a niche in the minds of people while serving as the President of
Anjaneya Co-operative Society and later as a member of Taluk Development Board, Holenarasipura.
Hoping to set right the inequalities prevailing in society, he always dreamt of an ideal utopian State.
When just 28 years old, the youthful Gowda contested as an Independent and was a runaway
success from day one when he first became a member of the Karnataka Legislative Assembly in
1962. An effective Speaker on the floor of the Assembly, he was acclaimed by one and all, including
his seniors. Holenarasipur constituency sent him to the Assembly for three more consecutive terms
i.e., the Fourth (1967-71); the Fifth (1972-77) and the Sixth (1978-83) Assemblies. His service as the
Leader of Opposition in the Assembly, from March 1972 to March 1976 and November 1976 to
December 1977, won him laurels. Shri Deve Gowda resigned his membership of the Sixth Assemblyon November 22, 1982. As a member of the Seventh and the Eighth Assembly, he served as the
Minister of Public Works and Irrigation. His tenure as Irrigation Minister saw the switching on of
many irrigation projects. He resigned from the Cabinet in 1987 protesting against insufficient
allocation of funds for Irrigation.
A crusader for freedom and equality, he earned the wrath of the powers that be at the Centre in
1975-76, and was imprisoned during the days of emergency. Shri Deve Gowda utilised this period of
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forced rest to enrich his knowledge through exhaustive reading. This, and the interaction between
him and other stalwarts of Indian politics who were also jailed during that period, helped him mould
his personality and perspective. He was a much more seasoned and determined person when he
emerged out of his confinement.
Elected to Parliament from Hassan Lok Sabha constituency in 1991, he was instrumental in bringingthe problems of the State - especially of farmers - to the forefront. He earned respect for his
forthright espousal of the plight of farmers, in Parliament. He also earned a name for practising and
upholding the prestige and dignity and Parliament and its institutions. Shri Deve Gowda became the
President of Janta party twice at State level and President of State Janata Dal in 1994. He was the
driving force behind the Janata Dal's rise to power in the State in 1994. He was elected as the leader
of the Janata Dal Legislative Party and on December 11, 1994 he assumed office as the 14th Chief
Minister of Karnataka. He then contested as a candidate from Ramanagar Assembly constituency
and won by a thumping majority. His prolonged experience in active politics and his strong base at
the grassroots level enabled him to plunge straightway into the task of tackling many problems
faced by the State. His political acumen was tested again when he brought the Idgah Maidan issue at
Hubli to the forefront. It was a ground that belonged to the minority community and was the butt of
political controversy. Shri Gowda successfully brought about a peaceful solution to the issue.
In January 1995, Shri Gowda toured Switzerland and attended the Forum of International
Economists. His tours to European and Middle Eastern countries were a testimony to his
achievements as a dedicated politician. His tour to Singapore, which brought in the much needed
foreign investment to the State, proved his business acumen. Since the 70s, friends as well as foes
have been commenting on his singular pre-occupation with politics and its processes. His politics,
says Shri Gowda, is the politics of the people and he is happy when he is surrounded by people and
is doing something for them. Shri Gowda is known for giving patient hearing to all shades of opinions
and is equally at home with the elite when they come calling. Affectionately called the 'son of the
soil' (dharti ke lal), he has proved to be one of the most ardent supporters of liberalisation with a
human face. In 1989, his group of the Janata Party fared poorly in Karnataka winning just 2 of the
222 Assembly seats it contested; Shri Gowda himself tasting defeat for the first time in his career
losing in both constituencies he contested. He is therefore, no stranger to the fickleness of political
fortunes. The defeat lent a sharper edge to his pursuit to regain lost honour and power, and spurred
him to re-examine his own style of politics. He made friends in Karnataka and Delhi, and put aside
his bitter feuds with political rivals. Shri Gowda is a person with a life style that is simple, a profile
that is low, but assertive and effective. Before his political initiation, Shri Gowda had been a
contractor taking up minor works.
The seven years that he spent as an Independent helped him observe party politics from outside.Ever a workaholic, he was always seen engrossed with books and periodicals in the legislature
library. His re-election in 1967 gave him more confidence and in 1969 when the Congress split, he
joined the Congress (O) headed by Shri Nijalingappa, which was in power in Karnataka then. But Shri
Gowdas big chance came after the rout of Congress (O) in the 1971 Lok Sabha elections. He
emerged the leader of a truncated opposition hit b