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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