instruction
stringlengths 1
84
| input
stringlengths 1
85
| output
stringlengths 1
83
|
---|---|---|
Schedule emoluments, allowances, 125, 148, 158, | privileges and so on of: 164, 186 and | 221 |
1. The President of India | 2. The Governors of States | 3. The Speaker and the Deputy |
Speaker of the Lok Sabha | 4. The Chairman and the Deputy | Chairman of the Rajya Sabha |
5. The Speaker and the Deputy | Speaker of the Legislative | Assembly in the states |
6. The Chairman and the Deputy | Chairman of the Legislative | Council in the states |
7. The Judges of the Supreme | Court | 8. The Judges of the High Courts |
9. The Comptroller and Auditor- | General of India | Third Forms of Oaths or Affirmations for: 75, 84, 99, 124, |
Schedule 146, 173, 188 | and 219 | 1. The Union ministers |
2. The candidates for election to | the Parliament | 3. The members of Parliament |
4. The judges of the Supreme | Court | 5. The Comptroller and Auditor- |
General of India | 6. The state ministers | 7. The candidates for election to |
the state legislature | 8. The members of the state | legislature |
9. The judges of the High Courts | Fourth Allocation of seats in the Rajya 4 and 80 | Schedule Sabha to the states and the union |
territories. | Fifth Provisions relating to the 244 | Schedule administration and control of |
scheduled areas and scheduled | tribes. | Sixth Provisions relating to the 244 and 275 |
Schedule administration of tribal areas in the | states of Assam, Meghalaya, | Tripura and Mizoram. |
Seventh Division of powers between the 246 | Schedule Union and the States in terms of | List I (Union List), List II (State List) |
and List III (Concurrent List). | Presently, the Union List contains | 98 subjects (originally 97), the |
State List contains 59 subjects | (originally 66) and the Concurrent | List contains 52 subjects (originally |
47). | Eighth Languages recognized by the 344 and 351 | Schedule Constitution. Originally, it had 14 |
Assamese, Bengali, Bodo, Dogri | (Dongri), Gujarati, Hindi, Kannada, | Kashmiri, Konkani, Mathili |
(Maithili), Malayalam, Manipuri, | Marathi, Nepali, Odia, Punjabi, | Sanskrit, Santhali, Sindhi, Tamil, |
Telugu and Urdu. Sindhi was | added by the 21st Amendment Act | of 1967; Konkani, Manipuri and |
Nepali were added by the 71st | Amendment Act of 1992; and | Bodo, Dongri, Maithili and Santhali |
were added by the 92nd | Amendment Act of 2003. Oriya | was renamed as ‘Odia’ by the 96th |
Amendment Act of 2011. | Ninth Acts and Regulations (originally 13 31-B | Schedule but presently 282)32 of the state |
legislatures dealing with land | reforms and abolition of the | zamindari system and of the |
Parliament dealing with other | matters. This schedule was added | by the 1st Amendment (1951) to |
protect the laws included in it from | judicial scrutiny on the ground of | violation of fundamental rights. |
However, in 2007, the Supreme | Court ruled that the laws included | in this schedule after April 24, |
1973, are now open to judicial | review. | Tenth Provisions relating to 102 and 191 |
Schedule disqualification of the members of | Parliament and State Legislatures | on the ground of defection. This |
Amendment Act of 1985, also | known as Anti-defection Law. | Eleventh Specifies the powers, authority and 243-G |
Schedule responsibilities of Panchayats. It | has 29 matters. This schedule was | added by the 73rd Amendment Act |
of 1992. | Twelfth Specifies the powers, authority and 243-W | Schedule responsibilities of Municipalities. It |
has 18 matters. This schedule was | added by the 74th Amendment Act | of 1992. |
Table 3.4 Sources of the Constitution at a Glance | Sources Features Borrowed | 1. Government of India Federal Scheme, Office of |
Act of 1935 governor, Judiciary, Public Service | Commissions, Emergency | provisions and administrative |
details. | 2. British Constitution Parliamentary government, Rule of | Law, legislative procedure, single |
citizenship, cabinet system, | prerogative writs, parliamentary | privileges and bicameralism. |
3. US Constitution Fundamental rights, independence | of judiciary, judicial review, | impeachment of the president, |
removal of Supreme Court and high | court judges and post of vice- | president. |
4. Irish Constitution Directive Principles of State Policy, | nomination of members to Rajya | Sabha and method of election of |
5. Canadian Federation with a strong Centre, | Constitution vesting of residuary powers in the | Centre, appointment of state |
governors by the Centre, and | advisory jurisdiction of the Supreme | Court. |
6. Australian Concurrent List, freedom of trade, | Constitution commerce and inter-course, and | joint sitting of the two Houses of |
Parliament. | 7. Weimar Constitution Suspension of Fundamental Rights | of Germany during Emergency. |
8. Soviet Constitution Fundamental duties and the ideal of | (USSR, now Russia) justice (social, economic and | political) in the Preamble. |
9. French Constitution Republic and the ideals of liberty, | equality and fraternity in the | Preamble. |
10. South African Procedure for amendment of the | Constitution Constitution and election of | members of Rajya Sabha. |
11. Japanese Procedure established by Law. | Constitution | NOTES AND REFERENCES |
1. Kesavananda Bharati v. State of Kerala, (1973) | 2. For details on Parts, important Articles and Schedules, | see Tables 3.1, 3.2 and 3.3 at the end of this chapter. |
3. The American Constitution originally consisted of only 7 | Articles, the Australian 128, the Chinese 138, and the | Canadian 147. |
4. Till 2019, the erstwhile State of Jammu and Kashmir | had its own constitution and thus enjoyed a special | status by virtue of Article 370 of the Constitution of |
presidential order known as “The Constitution | (Application to Jammu and Kashmir) Order, 2019”. This | order superseded the earlier order known as “The |
Constitution (Application to Jammu and Kashmir) Order, | 1954”. The 2019 order extended all the provisions of the | Constitution of India to Jammu and Kashmir also. |
However, the inoperative Article 370 continue to remain | in the text of the Constitution of India. | Further, the Jammu and Kashmir Reorganisation Act, |
2019, bifurcated the erstwhile State of Jammu and | Kashmir into two separate Union territories, namely, the | Union territory of Jammu & Kashmir and the Union |
territory of Ladakh. | 5. About 250 provisions of the 1935 Act have been | included in the Constitution. |
6. Constituent Assembly Debates, Volume VII, P.35–38. | 7. P.M. Bakshi, The Constitution of India, Universal, Fifth | Edition, 2002, P. 4. |
8. See Table 3.4 at the end of this chapter. | 9. Brij Kishore Sharma, Introduction to the Constitution of | India, Seventh Edition, 2015, PHI Learning Private |
Limited, P.42. | 10. Westminster is a place in London where the British | Parliament is located. It is often used as a |
symbol/synonym of the British Parliament. | 11. Originally, the Constitution provided for seven | Fundamental Rights. However, the Right to Property |
(Article 31) was deleted from the list of Fundamental | Rights by the 44th Amendment Act of 1978. It is made a | legal right under Article 300-A in Part XII of the |
constitution. | 12. Minerva Mills v. Union of India, (1980). | 13. The 1909, 1919, and 1935 Acts provided for communal |
representation. | 14. Even in the western countries, the right to vote was | extended only gradually. For example, USA gave |
(now Russia) in 1936, France in 1945, Italy in 1948 and | Switzerland in 1971. | 15. At present, there are three All-India services, namely |
Indian Administrative Service (IAS), Indian Police | Service (IPS) and Indian Forest Service (IFS). In 1947, | Indian Civil Service (ICS) was replaced by IAS and the |
Indian Police (IP) was replaced by IPS and were | recognised by the Constitution as AllIndia Services. In | 1963, IFS was created and it came into existence in |
1966. | 16. The 44th Amendment Act (1978) has replaced the | original term ‘internal disturbance’ by the new term |
‘armed rebellion’. | 17. Part IX of the Constitution provides for a three-tier | system of panchayati raj in every state, that is, |
panchayats at the village, intermediate and district | levels. | 18. Part IX-A of the Constitution provides for three types of |
municipalities in every state, that is, nagar panchayat for | a transitional area, municipal council for a smaller urban | area and municipal corporation for a larger urban area. |
19. Constituent Assembly Debates, Volume VII, pp.35–38. | 20. Ibid. | 21. Constituent Assembly Debates, Volume XI, P.616. |
22. Constituent Assembly Debates, Volume VII, P.242. | 23. Constituent Assembly Debates, Volume XI, P.613. | 24. Constituent Assembly Debates, Volume XI, P.617. |
25. Constituent Assembly Debates, Volume VII, P.387. | 26. Ivor Jennings, Some Characteristics of the Indian | Constitution, Oxford University Press, Madras, 1953, |
PP.9–16. | 27. Constituent Assembly Debates, Volume VII, P.1042. | 28. Constituent Assembly Debates, Volume VIII, P.127. |
29. Constituent Assembly Debates, Volume VII, P.293. | 30. Constituent Assembly Debates, Volume IX, P.613. | 31. Till 2019, the erstwhile State of Jammu and Kashmir |
India. In 2019, this special status was abolished by a | presidential order known as “The Constitution | (Application to Jammu and Kashmir) Order, 2019”. This |
order superseded the earlier order known as “The | Constitution (Application to Jammu and Kashmir) Order, | 1954”. The 2019 order extended all the provisions of the |
Constitution of India to Jammu and Kashmir also. | However, the inoperative Article 370 continue to remain | in the text of the Constitution of India. |
Further, the Jammu and Kashmir Reorganisation Act, | 2019, bifurcated the erstwhile State of Jammu and | Kashmir into two separate Union territories, namely, the |
Union territory of Jammu & Kashmir and the Union | territory of Ladakh. | 32. Though the last entry is numbered 284, the actual total |
number is 282. This is because, three entries (87,92 | and 130) have been deleted and one entry is numbered | as 257-A. |
4 Preamble of the Constitution | T | he American Constitution was the first to begin with a |
Preamble. Many countries, including India, followed this | practice. The term ‘Preamble’ refers to the introduction or | preface to the Constitution. It contains the summary or essence of |
the Constitution. N.A. Palkhivala, an eminent jurist and | constitutional expert, called the Preamble as the ‘identity card of | the Constitution.’ |
The Preamble to the Indian Constitution is based on the | ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and | adopted by the Constituent Assembly1. It has been amended by |
TEXT OF THE PREAMBLE | The Preamble in its present form reads: | “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 |
INGREDIENTS OF THE PREAMBLE | The Preamble reveals four ingredients or components: | 1. Source of authority of the Constitution: The Preamble states |
that the Constitution derives its authority from the people of | India. | 2. Nature of Indian State: It declares India to be of a sovereign, |
socialist, secular democratic and republican polity. | 3. Objectives of the Constitution: It specifies justice, liberty, | equality and fraternity as the objectives. |
KEY WORDS IN THE PREAMBLE | Certain key words–Sovereign, Socialist, Secular, Democratic, | Republic, Justice, Liberty, Equality and Fraternity–are explained |
as follows: | 1. Sovereign | The word ‘sovereign’ implies that India is neither a dependency |
nor a dominion of any other nation, but an independent state2. | There is no authority above it, and it is free to conduct its own | affairs (both internal and external). |
Though in 1949, India declared the continuation of her full | membership of the Commonwealth of Nations and accepted the | British Crown as the head of the Commonwealth, this extra- |
constitutional declaration does not affect India’s sovereignty in any | manner3. Further, India’s membership of the United Nations | Organisation (UNO) also in no way constitutes a limitation on her |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.