Constitution of India
Constitution of India
Constitution of India
The Constitution of India was enacted, signed and adopted by the Constituent Assembly on
November 26, 1949.
On January 26, 1950, the Constitution of India came into force on which date India also
became a Republic. Our constitution makes detailed provisions for the following:
Citizenship,
Fundamental Rights,
Directive Principles of State Policy,
Structure of the Government,
Parliament and State Legislatures,
Supreme Court and High Courts,
Relationship between the Union and the States,
Services,
Official Language and various other matters of basic importance
The Preamble
The draft of the Preamble was prepared by Jawaharlal Nehru and is based on the American
model. The 42nd Amendment added the words ``Secular and Socialist'' and now the
preamble reads as follows.
``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 :
In our Constituent Assembly, November 26, 1949, do hereby adopt, enact and give to
ourselves this constitution.
Articles of the Constitution
Part Article Deals with
Territory of India,, admission,, establishment or formation
Part I Articles 1-4
of new states
Part
Articles 5-11 Citizenship
II
Part
Articles 12-35 Fundamental Rights
III
Part
Articles 36-51 Directive Principles of State Policy
IV
Part Duties of a citizen of India. It was added by the 42nd
Article 51-A
IV A Amendment in 1976
Part V Articles 52-151 Government at the Union level
Part Articles 152-
Government at the State level
VI 237
Part Deals with states in Part B of the First Schedule. It was
Article 238
VII repealed by 7th Amendment in 1956
Part Articles 239-
Administration of Union Territories
VIII 241
Territories in Part D of the First Schedule
Part Article 242-
and other territories. It was repealed by 7th Amendment in
IX 243
1956
Articles 244-
Part X Scheduled and tribal areas
244 A
Part Articles 245-
Relations between the Union and States
XI 263
Part Articles 264-
Finance,, property,, contracts and suits
XII 300
Part Articles 301- Trade,, commerce and travel within the
XIII 307 territory of India
Part Articles 308-
Services under the Union and States
XIV 323
Added by the 42nd Amendment in 1976
Part Articles 323A-
and deals with administrative tribunals to hear disputes
XIV-A 323B
and other complaints
Part Articles 324-
Election and Election Commission
XV 329
Part Articles 330- Special provision to certain classes ST/SC
XVI 342 and Anglo Indians
Part Articles 343-
Official languages
XVII 351
Part Articles 352-
Emergency provisions
XVIII 360
Part Articles 361- Miscellaneous provision regarding exemption of the
XIX 367 President and governors from criminal proceedings
Part
Article 368 Amendment of Constitution
XX
Part Articles 369-
Temporary,, transitional and special provisions
XXI 392
Part Articles 393- Short title, commencement and repeal
XXII 395 of the Constitution
Schedules
SECOND SCHEDULE :
FIFTH SCHEDULE : Provisions as to the administration and Control of Scheduled Areas and
Scheduled Tribes.
SEVENTH SCHEDULE :
Fundamental Rights
Note : The right to property was also one of the fundamental rights, according to
the original constitution. This right was omitted by the 44th Amendment Act in
December, 1978. It is now only a legal right.
Fundamental Duties
Duties of a citizen of India were not included in the original constitution. These have
been added by the 42nd Amendment in 1976. There are ten Fundamental Duties :
To abide by the Constitution and respect its ideals and Institutions, the
National Flag and the National Anthem;
To cherish and follow the noble ideals which inspired our national struggle
for freedom;
To uphold and protect the sovereignty, unity and integrity of India;
To defend the country and render national service when called upon to do so;
To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional diversities; to
renounce practices derogatory to the
dignity of women;
To value and preserve the rich heritage of our composite culture;
To protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures;
To develop the scientific temper, humanism and the spirit of inquiry and
reform;
To safeguard public property and to abjure violence; and
To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher level of endeavour and
achievement.
To provide opportunities for education to their children in the 6 to 14 age
group.
The President
Method of Election – The president is indirectly elected by a body of electors forming the
electoral college which includes the elected members of both houses of Parliament as well
as the elected members of the Legislative Assemblies of the states.
= {Total population of the state / Total elected members of the Assembly} ÷ 1000
Term of Office – His term of office is five years unless he resigns or is removed from office
by impeachment. He is eligible for re-election.
1. Executive Powers – The President appoints the Prime Minister, the Governors,
diplomats, judges of the Supreme Court and of the High Courts, the Chairman and
members of the Union Public Service Commission, Chief Commissioners of Union
Territories, the Attorney-General of India, the Comptroller and Auditor-General of
India, the members of Finance Commission and Election Commission. He is the
supreme commander of defence forces.
2. Legislative Powers – The President summons, prorogues, addresses, sends
messages to Parliament and dissolve the Lok Sabha; promulgates ordinance at any
time, except when both Houses of Parliament are in session, water
recommendations for introducing financial and money bills and gives assent to bills,
grants pardons; reprieves, respites or remission of punishment or suspends, remits
or commutes sentences in certain cases. When there is a failure of the constitutional
machinery in a State, he can assume to himself all or any of the functions of the
government of the State.
3. Emergency Powers – If President is satisfied that the security of the country is in
danger because of any reason, he may issue a proclamation of emergency.
4. Financial Powers – No Money Bill or demand for grant can be introduced or moved
in Parliament, unless it has been recommended by the President.
5. Judicial Powers – He has the power to grant pardon, reprieve or remit of
punishment or commute death sentences.
Vice President
The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when
the latter is unable to discharge his functions due to absence, illness or any other cause or
till the election of a new President. While so acting, he ceases to perform the function of the
Chairman of the Rajya Sabha.
Council of Ministers
The Council of Ministers headed by the Prime Minister to aid and advise the President in
exercise of his functions. He is the leader of the party that enjoys a majority in the Lok
Sabha. The Prime Minister is appointed by the President who also appoints other ministers
on the advice of Prime Minister.
The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister
to communicate to the President all decisions of Council of Ministers and information
relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of
State (independent charge), Ministers of State and Deputy Ministers.
Supreme Court
The Supreme Court is the Apex Court in India and functions from New Delhi. It consists of a
Chief Justice and 25 other judges. The Chief Justice and other judges are appointed by the
President. However, in the selection of other judges of the Supreme Court, the President
does consult the Chief Justice. Judges of the Supreme Court can hold office up to the age of
65 years.
The Supreme Court of India has original jurisdiction in any dispute arising;
(a) between the Government of India and one or more states; or
(b) between the Government of India and any State or States on the other, or
(c) between two or more States.
An appeal shall be to the Supreme Court from any judgement, decree or final order of a
high court in the territory of India, whether in a civil criminal or other proceeding.
Attorney-General
The Attorney-General for India is appointed by the President and hold office during the
pleasure of thePresident. He must be a person qualified to be appointed as a judge of the
Supreme Court. The duty of Attorney General to give advice to the Government of India
upon such legal matters and to perform such other duties of a legal character, as may be
referred or assigned to him by the President, and to discharge the functions conferred on
him by or under the Constitution or any other law. He also has right to take part in the
proceeding of Parliament.
Comptroller and Auditor General is appointed by the President. Procedure and grounds for
his removal from office are the same as for a Supreme Court Judge. He is not eligible for
further office under the Union or a State Government after he ceases to hold his office. His
main work to submit the reports on accounts of the Union and States to the President and
respective governors which are placed before Parliament and state legislatures.
The chairman and other members of the Union Public Service Commission are appointed
by the President of India and they hold office for a term of 6 years from the date of
appointment or until they attain the age of 65 years, whichever is earlier. The main
function of the commission is to conduct examination and hold interviews for making
appointments to the various services of the Union.
Smt. Pratibha Devisingh Patil was born on December 19, 1934 in Nadgaon village of
Jalgaon District, Maharashtra.
Smt. Patil assumed office as the 12th President of India on July 25, 2007. She is the
first woman to have been elected to this august office.
Immediately prior to election as the President of India, Smt. Patil was the Governor
of Rajasthan from November 8, 2004 till June 21, 2007.
Education:
Smt. Patil received her early education from RR Vidyalaya, Jalgaon and later obtained her
Master’s degree in Political Science and Economics from the Mooljee Jetha College, Jalgaon.
Later, she obtained the degree of Bachelor of Laws (LL.B.) from Government Law College,
Bombay (Mumbai). While in college, she took active part in sports, excelled in table tennis
and won several shields at various Inter-collegiate tournaments. Even as an MLA, she
pursued her studies as a law student.
Professional Career:
Smt. Patil started her professional career as a practicing lawyer at the Jalgaon District Court
and simultaneously devoted herself to various social activities, especially, for the
upliftment of poor women.
Political Career:
At the young age of 27 years, she successfully contested her first election to the
Maharashtra State Legislature from the Jalgaon Assembly constituency. Subsequently she
was continuously elected four times as MLA from the Edlabad (Muktai Nagar)
constituency till 1985. Thereafter, she served as a Member of Parliament in the Rajya
Sabha from 1985 to 1990 and later elected as a Member of Parliament to the 10th Lok
Sabha in the 1991 General Elections from the Amravati constituency. She enjoys the
unique distinction of not having lost a single election that she contested till date.
Smt. Pratibha Devisingh Patil in her long stint in Maharashtra has held various positions
both in the Government and the Legislative Assembly of Maharashtra. She was :
While in the Rajya Sabha, Smt. Patil was the Deputy Chairperson, Rajya Sabha from 1986 to
1988 and also served as the Chairperson, Rajya Sabha from 25.7.1987 to 2.9.1987 when Dr.
R. Venkataraman got elected as President of India. She was also the Chairperson,
Committee of Privileges, Rajya Sabha and Member, Business Advisory Committee, Rajya
Sabha from 1986 to 1988. While in the Lok Sabha, Smt. Patil was the Chairperson, House
Committee.
Public Life:
In her long public life, she has been associated with several institutions in wide ranging
capacities. She served as Chairperson, Maharashtra State Water Pollution Control Board
from 1982 to 1985. She was also the President, Maharashtra Pradesh Congress Committee
(PCC) from 1988 to 1990. Besides holding the position of Director and Vice-Chairperson,
National Federation of Urban Cooperative Banks and Credit Societies, she also served as
Member, Governing Council, National Cooperative Union of India and Chairperson, 20-
Point Programme Implementation Committee, Government of Maharashtra.
Smt. Patil has represented India in various international fora. She attended the
International Council on Social Welfare conferences at Nairobi and at Puerto Rico. She was
a Member of the AICC(I) delegation to Bulgaria in 1985 and represented as Member,
Commonwealth Presiding Officers Conference in London in 1988. She led the Indian
delegation to the Conference on the ‘Status of Women’ in Austria and was a delegate at the
World Women’s Conference, Beijing, China in September 1995.
She was instrumental in organizing music, computer and sewing classes for the poor and
needy women at Amravati, Maharashtra. Smt. Patil also organized the Women’s Home
Guard in Jalgaon District and was their Commandant in 1962.
Family Life:
Smt. Patil is married to Dr. Devisingh Ramsingh Shekhawat. Dr. Shekhawat obtained his
Ph.D. in the discipline of Chemistry from Haffkine Institute, Mumbai. An educationist and a
social worker in his own right, he became the first Mayor of Amravati Municipal
Corporation and he has also represented Amravati constituency as its MLA. She has two
children, a daughter, Smt. Jyoti Rathore and a son, Shri Rajendra Singh.
Vice-Presidents of India
No
. Name Took office Left office
1. Sarvepalli Radhakrishnan May 13, 1952 May 14, 1957
2. Sarvepalli Radhakrishnan May 14, 1957 May 12, 1962
3. Zakir Hussain May 13, 1962 May 12, 1967
4. Varahagiri Venkata Giri May 13, 1967 May 3, 1969
5. Gopal Swarup Pathak August 31, 1969 August 30, 1974
6. Basappa Danappa Jatti August 31, 1974 August 30, 1979
7. Muhammad Hidayat Ullah August 31, 1979 August 30, 1984
8. Ramaswamy Venkataraman August 31, 1984 July 27, 1987
9. Shankar Dayal Sharma September 3, 1987 July 24, 1992
10. Kocheril Raman Narayanan August 21, 1992 July 24, 1997
11. Krishan Kant August 21, 1997 July 27, 2002
12. Bhairon Singh Shekhawat August 19, 2002 July 21, 2007
13. Mohammad Hamid Ansari August 11, 2007 Incumbent
Shri Mohammad Hamid Ansari
Father's Name: Shri Mohammad Abdul Aziz Ansari
Mother's Name: Smt. Aasiya Begum
Date of Birth: 1 April 1937
Place of Birth: Calcutta
Marital Status: Married
Spouse's Name: Smt. Salma Ansari
Children: Two sons and one daughter
Educational Qualifications : BA (Hons); MA (Political Science)
Permanent Address: D-55, IFS Apartments, Mayur Vihar, Phase-I, Delhi -
110091
Present Address: Vice-President's House,
6, Maulana Azad Road,
New Delhi - 110 011
Telephone - 011-23016422, 23016344
E-mail: [email protected]
Positions Held : Joined the Indian Foreign Service (IFS) in 1961 and
served in Indian missions in Baghdad, Rabat, Jeddah and
Brussels;
Ambassador to the United Arab Emirates (1976-1979);
Chief of Protocol to Govt. of India (1980-1985);
High Commissioner to Australia (1985-1989);
Ambassador to Afghanistan (1989-1990);
Ambassador to Iran (1990-1992);
Permanent Representative to the UN, New York (1993-
1995);
Ambassador to Saudi Arabia (1995-1999);
Visiting Professor, Centre for West Asian and African
Studies, Jawaharlal Nehru University, New Delhi (Dec
1999-May 2000);
Vice-Chancellor, Aligarh Muslim University, Aligarh
(2000-2002);
Distinguished Fellow at the Observer Research
Foundation, New Delhi (2002-2006);
Visiting Professor, Academy for Third World Studies,
Jamia Millia Islamia, New Delhi (2003-2005);
Co - Chairman, India-U.K. Round Table (2004-2006);
Member, National Security Advisory Board (2004-2006);
Chairman, Advisory Committee for Oil Diplomacy,
Ministry of Petroleum and Natural Gas (2004-2005);
Chairman, Working Group on 'Confidence building
measures across segments of society in the State',
established by the second Round Table Conference of the
Prime Minister on Jammu and Kashmir, held at Srinagar,
24-25 May, 2006; the report of the Working Group was
adopted by the 3rd Round Table held at New Delhi, 24
April 2007;
Chairman, Fifth Statutory National Commission for
Minorities (March 2006-July 2007);
Vice President of India and ex officio Chairman, Rajya
Sabha since 11th August 2007.
Books Published : Edited, Iran Today: Twenty Five Years After the
Islamic Revolution, New Delhi, 2005; has written
several academic papers and newspaper articles on
West Asian Politics.
Awards: Padma Shri (1984)
Sports: Golf and Cricket
Institutes/Clubs: India International Centre
Institute of Defence Studies and Analysis (IDSA)
United Services Institution
Delhi Golf Club
Delhi Gymkhana Club
Noida Golf Club
Countries Visited: Visited many countries during the diplomatic and
academic career.
Prime Ministers of India
India is the largest democracy in the World. Since 1947 then free and fair elections
have been held at regular intervals as per the principles of the Constitution, Electoral
Laws and System. The Constitution of India has vested in the Election Commission of
India the superintendence, direction and control of the entire process for conduct of
elections to Parliament and Legislature of every State and to the offices of President
and Vice-President of India.
Conduct of General Elections in India for electing a new Lower House of Parliament
(Lok Sabha) involves management of the largest event in the world. The electorate
exceeds 668 million voting in 800,000 polling stations spread across widely varying
geographic and climatic zones. Polling stations are located in the snow-clad
mountains in the Himalayas, the deserts of the Rajasthan and in sparsely populated
islands in the Indian Ocean.
Election Machinery
The Commission has a separate Secretariat at New Delhi, consisting of about 300
officials, in a hierarchical set up. Two Deputy Election Commissioners who are the
senior most officers in the Secretariat assist the Commission. They are generally
appointed from the national civil service of the country and are selected and
appointed by the Commission with tenure. Directors, Principal Secretaries, and
Secretaries, Under Secretaries and Deputy Directors support the Deputy Election
Commissioners in turn. There is functional and territorial distribution of work in the
Commission. The work is organised in Divisions, Branches and sections; each of the
last mentioned units is in charge of a Section Officer. The main functional divisions
are Planning, Judicial, Administration, Information Systems, Media and Secretariat
Co-ordination.
The territorial work is distributed among separate units responsible for different
Zones into which the 35 constituent States and Union Territories of the country are
grouped for convenience of management. At the state level, the election work is
supervised, subject to overall superintendence, direction and control of the
Commission, by the Chief Electoral Officer of the State, who is appointed by the
Commission from amongst senior civil servants proposed by the concerned state
government. He is, in most of the States, a full time officer and has a team of
supporting staff.
At the district and constituency levels, the District Election Officers, Electoral
Registration Officers and Returning Officers, who are assisted by a large number of
junior functionaries, perform election work. They all perform their functions
relating to elections in addition to their other responsibilities. During election time,
however, they are available to the Commission, more or less, on a full time basis.
The gigantic task force for conducting a countrywide general election consists of
nearly five million polling personnel and civil police forces. This huge election
machinery is deemed to be on deputation to the Election Commission and is subject
to its control, superintendence and discipline during the election period, extending
over a period of one and half to two months.
The major expenditure on actual conduct of elections is, however, reflected in the
budgets of the concerned constituent unit of the Union - State and Union Territory. If
elections are being held only for the Parliament, the expenditure is borne entirely by
the Union Government while for the elections being held only for the State
Legislature, the expenditure is borne entirely by the concerned State. In case of
simultaneous elections to the Parliament and State Legislature, the expenditure is
shared equally between the Union and the State Governments. For Capital
Equipment, expenditure related to preparation for electoral rolls and the scheme for
Electors' Identity Cards too, the expenditure is shared equally.
Election Schedule
Contesting candidates get at least two weeks for political campaign before the actual
date of poll. On account of the vast magnitude of operations and the massive size of
the electorate, polling is held at least on three days for the national elections. A
separate date for counting is fixed and the results declared for each constituency by
the concerned Returning Officer. The Commission compiles the complete list of
Members elected and issues an appropriate Notification for the due Constitution of
the House. With this, the process of elections is complete and the President, in case of
the Lok Sabha, and the Governors of the concerned States, in case of Vidhan Sabhas,
can then convene their respective Houses to hold their sessions. The entire process
takes between 5 to 8 weeks for the national elections, 4 to 5 weeks for separate
elections only for Legislative Assemblies.
Political parties are registered with the Election Commission under the law. The
Commission ensures inner party democracy in their functioning by insisting upon
them to hold their organizational elections at periodic intervals. Political Parties so
registered with it are granted recognition at the State and National levels by the
Election Commission on the basis of their poll performance at general elections
according to criteria prescribed by it.
Under the Constitution, the Commission also has advisory jurisdiction in the matter
of post election disqualification of sitting members of Parliament and State
Legislatures. Further, the cases of persons found guilty of corrupt practices at
elections which come before the Supreme Court and High Courts are also referred to
the Commission for its opinion on the question as to whether such person shall be
disqualified and, if so, for what period. The opinion of the Commission in all such
matters is binding on the President or, as the case may be, the Governor to whom
such opinion is tendered. The Commission has the power to disqualify a candidate
who has failed to lodge an account of his election expenses within the time and in the
manner prescribed by law. The Commission has also the power for removing or
reducing the period of such disqualification as also other disqualification under the
law.
Judicial Review
The decisions of the Commission can be challenged in the High Court and the
Supreme Court of the India by appropriate petitions. By long standing convention
and several judicial pronouncements, once the actual process of elections has
started, the judiciary does not intervene in the actual conduct of the polls. Once the
polls are completed and result declared, the Commission cannot review any result on
its own. This can only be reviewed through the process of an election petition, which
can be filed before the High Court, in respect of elections to the Parliament and State
Legislatures. In respect of elections for the offices of the President and Vice
President, such petitions can only be filed before the Supreme Court.
Media Policy
The Commission has a comprehensive policy for the media. It holds regular briefings
for the mass media-print and electronic, on a regular basis, at close intervals during
the election period and on specific occasions as necessary on other occasions. The
representatives of the media are also provided facilities to report on actual conduct
of poll and counting. They are allowed entry into polling stations and counting
centres on the basis of authority letters issued by the Commission. They include
members of both international and national media. The Commission also publishes
statistical reports and other documents which are available in the public domain.
The library of the Commission is available for research and study to members of the
academic fraternity; media representatives and anybody else interested. The
Commission has, in co-operation with the state owned media - Doordarshan and All
India Radio, taken up a major campaign for awareness of voters.
International Co-operation
The Commission has taken several new initiatives in the recent past. Notable among
these are, a scheme for use of State owned Electronic Media for broadcast/telecast by
Political parties, checking criminalisation of politics, computerisation of electoral
rolls, providing electors with Identity Cards, simplifying the procedure for
maintenance of accounts and filling of the same by candidates and a variety of
measures for strict compliance of Model Code of Conduct, for providing a level
playing field to contestants during the elections.
Chief Election Commissioners of India
Name Tenure
1. Sukumar Sen ICS (b. 1899) 21 March 1950 to 19 December 1958
2. K. V. K. Sundaram 20 December 1958 to 30 September 1967
3. S. P. Sen Verma 1 October 1967 to 30 September 1972
4. Dr. Nagendra Singh 1 October 1972 to 6 February 1973
5. T. Swaminathan 7 February 1973 to 17 June 1977
6. S. L. Shakdhar 18 June 1977 to 17 June 1982
7. R. K. Trivedi 18 June 1982 to 31 December 1985
8. R. V. S. Peri Sastri 1 January 1986 to 25 November 1990
9. V. S. Ramadevi 26 November 1990 to 11 December 1990
10. T. N. Seshan 12 December 1990 to 11 December 1996
11. M. S. Gill 12 December 1996 to 13 June 2001
12. J. M. Lyngdoh 14 June 2001 to 7 February 2004
13. T S Krishnamurthy 8 February 2004 to 15 May 2005
14. B. B. Tandon 16 May 2005 to 29 June 2006
15. N. Gopalaswami 30 June 2006 to Till date
The Chief Justice of India is the highest position obtainable by a judge in India. The chief
justice of the Supreme Court is appointed on the basis of seniority by the President of India.
First
Lok Sabha Dissolution Speaker Tenure
meeting
Shri Ganesh Vasudev 15 May, 1952-27 –
Mavalankar February, 1956
First Lok 13 May,
4 April, 1957 Shri M.
Sabha 1952 8 March, 1956 –
Ananthasayanam
10 May, 1957
Ayyangar
Shri M.
Second Lok 10 May, 31 March, 11 May, 1957 – 16
Ananthasayanam
Sabha 1957 1962 April, 1962
Ayyangar
Third Lok 16 April, 17 April, 1962 –
3 March, 1967 Shri Hukam Singh
Sabha 1962 16 March, 1967
Shri Neelam Sanjiva 17 March, 1967 –
Fourth Lok 16 March, 7 December, Reddy 19 July, 1969
Sabha 1967 1970 Shri Gurdial Singh 8 August, 1969 –
Dhillon 19 March, 1971
Shri Gurdial Singh 22 March, 1971 –
Fifth Lok 19 March, 18 January, Dhillon 1 December, 1975
Sabha 1971 1977 5 January, 1976 –
Shri Bali Ram Bhagat
25 March, 1977
Shri Neelam Sanjiva 26 March, 1977 –
Sixth Lok 25 March, 22 August, Reddy 13 July, 1977
Sabha 1977 1979 21 July, 1977 – 21
Shri K. S. Hegde
January, 1980
Seventh Lok 21 January, 31 December, 22 January, 1980 –
Shri Bal Ram Jakhar
Sabha 1980 1984 15 January, 1985
16 January, 1985 –
Eighth Lok 15 January, 27 November,
Shri Bal Ram Jakhar, 18 December,
Sabha 1985 1989
1989
18 19 December,
Ninth Lok 13 March,
December, Shri Ravi Ray 1989 – 9 July,
Sabha 1991
1989 1991
Tenth Lok 10 July, 1991 – 22
9 July, 1991 10 May, 1996 Shri Shivraj V. Patil
Sabha May, 1996
Eleventh Lok 22 May, 23 May, 1996 – 23
4 Dec., 1997 Shri P. A. Sangma
Sabha 1996 March, 1998 (FN)
24 March, 1998 –
Twelfth Lok 23 March,
26 April, 1999 Shri G. M. C. Balayogi 20 October, 1999
Sabha 1998,
(FN)
22 October, 1999
Shri G. M. C. Balayogi
Thirteenth 20 October, 6 February, – 3 March, 2002
Lok Sabha 1999 2004 10 May, 2002 – 4
Shri Manohar Joshi
June, 2004
Fourteenth Shri Somnath 4 June, 2004 – Till
2 June, 2004 —
Lok Sabha Chatterjee date
Governor
The Governor is the executive head of the State and all executive authority of the State is
vested in him. A Governor must be
1. citizen of India;
2. completed the age of 35 years;
3. not be a member of either House of Parliament or the state legislature;
4. possess the qualifications prescribed for membership of the state legislature; and
5. not hold any office of profit. He is appointed by the President for a term of 5 years
The Constitution provides for a Council of Ministers with Chief Minister as its head. The
Governor appoints the Chief Minister and other Ministers. They should be members of
legislature of the state. If a non-member is appointed as Minister, he has to become the
member of the state legislature within six months. The Council of Ministers is collectively
responsible to the Legislative Assembly of the State.
Legislature — Every State has a legislature. Some States have one house while
others have two. There are two houses in Uttar Pradesh, Bihar, Karnataka,
Maharashtra, Jammu and Kashmir. Rest of the States have only one house. Where
there is one house, it is known as the Legislative Assembly (Vidhan Sabha) and
where there are two houses, the upper house is called Legislative Council (Vidhan
Parishad) and lower house is called Legislative Assembly (Vidhan Sabha).
Legislative Council (Vidhan Parishad) — It can not have more than 1/3rd of the
total members of the Legislative Assembly and in no case less than 40. It is
constituted in : 1/3rd of its members are elected by the local bodies.; 1/3rd by the
legislative assembly of the State; 1/3rd are elected by the Municipalities, District
Board and other Local Bodies of the State; 1/12th by the university graduates of at
least three years standing; 1/12 by the teachers who have been in service for at
least three years and 1/6th to be nominated by the Governor from among persons
distinguished in literature, science and social service. The legislative council can not
be dissolved, its 1/3rd members retire every second year.
Lagislative Assembly (Vidhan Sabha) — Total membership of a Legislative
Assembly varies in each state according to its population. It consists of not more
that 500 and not less than 60 members. The normal term of the Assembly is five
years. The Assembly may be dissolved before five years.
The main purpose of the Amendment was the removal of certain practical difficulties
created by court decisions in several cases such as Kameshwar Singh vs. State of Bihar,
Romesh Thapar vs. State of Madras, Brij Bhusan vs. State of Delhi and
Motilalvs. Government of Uttar Pradesh. The issues involved in these cases were numerous,
such as the scope of the fundamental right of freedom of speech, acquisition of Zamindari
(land) of intermediaries, conflict between a citizen’s fundamental right to practise any
profession, or to carry on any business or trade (Article 19) and state monopoly of any
trade, and so on.
The Constitution (Second Amendment) Act, 1952
The Second Amendment amended Article 81 in order to remove the prescribed limit of
7,50,000 of the population for one member to be elected to the Lok Sabha. According to the
original provision, at least on member was to be elected to the Lok Sabha for every
7,50,000 of the population. It was further provided that the maximum number of elected
member to the Lok Sabha should not exceed 500.
The Constitution (Third Amendment) Act, 1954
The Third Amendment brought about changes in the Seventh Schedule consisting of the
three legislative lists and entry 33 of the Concurrent List was substituted by a new one.
The Constitution (Fourth Amendment) Act, 1955
Article 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of
Article 31 clause (1) of Article 31A were substituted by new clauses as. As a result of these,
the adequacy of the quantum of compensation paid for the compulsory acquisition of
property for ‘a public purpose’ could not be questioned in a court of law. It also amended
Article 305 and the Ninth Schedule.
The Constitution (Fifth Amendment) Act, 1955
The Constitutional Fifth Amendment Act amended Article 3. in the Constitution there was
no time limit during which a State Legislature should express its boundaries, which the
Centre may like to make. With the help of this amendment is was provided that the State
will be required to express its views on such matters within such period as may be
specified in the reference or within such further period, as the President may allow.
The Constitution (Sixth Amendment) Act, 1956
In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a
new entry was added after entry 92 in the State List, a new entry was substituted for entry
54. it also amended Articles 269 and 286 dealing with inter-state Sales-tax.
This Amendment also declared that the ‘satisfaction’ of the president and a State Governor
to issue ordinances would be ‘final and conclusive’ and shall not be questioned in any court
on any ground’.
The Constitution (Thirty-ninth) Amendment) Act, 1975
The voiding of the election the Lok Sabha of PM Indira Gandhi by the Allahabad High Court
in 1975 on the pertion of Raj Narain led to the enactment of the 39th Amendment Act,
1975. it introduced changes in the method deciding election disputes relating to the four
high official of the state, viz. President, Vice-President, Prime Minister and the Speaker.
Under the new Article 71(2), Parliament by the law was to establish some ‘authority’ or
‘body’ for deciding such disputes, and its decisions have not be challengeable in any court.
The Constitution (Fortieth Amendment) Act, 1976
The Amendment Act extended immunity to 64 Central and State statues by including them
in the IX Schedule. These statues pertained to lad reform, Urban Ceiling and prevention of
publication of objectionable matter.
The Constitution (Forty-first Amendment) Act, 1976
The Constitution Forty-first Amendment Act, 1976 raised the age of retirement of the
chairman and members of state public service Commissions from 60 to 62.
The Constitution (Froty-second Amendment) Act, 1976
The 42nd Constitutional Amendment Act brought a number of changes in the Constitution.
The Act inter-alia gave preponderance to the Directive Principles of State Policy over the
Fundamental Rights. Established the supremacy of Parliament and curtailed the powers of
Judiciary. The Act was first of its kind. Is was the most comprehensive Act and touched
almost all the sensitive areas of the Constitution. The Amendment was meant to enhance
enormously the strength of the Government.
The major Amendments made in the Constitution by the 42nd Amendment Act
are:
Preamble
The characterization of India as ‘Sovereign Democratic Republic’ has been changed to
‘Sovereign Socialist Secular Democratic Republic’. The words ‘Unity of the nation’ have
been changed to ‘Unity and integrity of the nation’.
Parliament and state legislatures : The life of the Lok Sabha and State Legislative
Assemblies was extended from 5 to 6 years.
Executive : It amended Article 74 to state explicitly that the President shall act in
accordance with the advice of the Council of Ministers in discharge of his functions.
Judiciary : The 42nd Amendment Act inserted Article 32A in order to deny the Supreme
Court the power to consider the Constitutional validity of a State law. Another new
provision. Article 131A, gave the Supreme Court and exclusive jurisdiction to determine
question relating to the Constitutional validity of a central law.
Article 144A and Article 128A, the creatures of Constitutional Amendment Act made
further innovation the area of judicial review of the Constitutionality of legislation. Under
Article 144A the minimum number of judges of the Supreme Court to decide a question of a
Constitutional validity of a central or State law was fixed as at least seven and further, this
required two-two-thirds majority of the judges sitting declare law as unconstitutional.
While the power of the High Court enforce fundamental rights remained untouched,
several restrictions were imposed on its power to issue writs ‘for any other purpose’.
Federalism : The Act added Article 257A in the Constitution to enable the Centre to deploy
any armed force of the union, or any other force under its control. For dealing with any
grave situation of law and order in any State.
Fundamental Rights and Directive Principles: A major change that was made by 42nd
Constitutional Amendment was to give primacy to all directive principles over the
fundamental right contained in Articles 14, 19 or 31. the 42nd Constitutional Amendment
added a few more directive principles free legal aid, participation of workers in
management of industries, protection for environment and protection of forests and
wildlife of the country.
Fundamental Duties : The 42nd Amendment Act inserted Article 51-A to create a new part
called IV-A in the Constitution, which prescribed the fundamental duties to the citizens.
Emergency : Prior to 42nd Amendment Act, the President could declare emergency under
Article 352 throughout the country and not in a part of the country alone. The Act
authorised the President to proclaim emergency in any part of the country.
The dominant thrust of the Amendment was to reduce the role of courts, particularly, that
of the High Courts. It also sought to strengthen Parliament in various ways which in effect,
added to the power of the Central Government it drew enormous criticism particularly for
it was pushed through during Emergency.
The Constitution (Forty-third Amendment) Act, 1977
In 1977, the Emergency came to an end the Janata Party came into power. It made an
election pledge that it would repeal the 42nd Amendment and restore the status quo ante.
The 43rd Amendment repealed some of the provisions of the 42nd Amendment. Article
31D has also been omitted.
The Constitution (Forty-forth Amendment) Act, 1978
The 44th Amendment passed in 1978 undid most of the distortions introduced into the
Constitution by the 42nd Amendment of the Constitution. The salient features of the
Amendment Act are as follows :
1. It reduced the life of Lok Sabha and State Legislative Assemblies again to five years
and thus restored thestatus quo ante.
2. It cancelled 39th Amendment which had deprived the Supreme Court of its
jurisdiction to decide disputes concerning election of the President and the Vice-
President.
3. A new provision was added to Article 74(1) saying that the President cold require
the council of ministers to reconsider its advice to him, either generally or otherwise
and the President should Act in accordance with the advice tendered after such re-
consideration.
4. Article 257A was omitted.
5. It has been provided that an Emergency can be proclaimed only on the basic of
written advice tendered to the President by the cabinet.
6. Right the property has been taken out from the list of Fundamental Rights and has
been declared a legal right.
The Constitution (Forty-fifth Amendment) Act, 1980
The purpose of the Amendment was to continue reservation of seats for Scheduled Castes
and Scheduled Tribes in the Lok Sabha and the State Assemblies for another 10
years, i.e., upto 1990. the same concession is extended to the Anglo-Indians who may have
representation by nomination in these chambers.
The Constitution (Forty-sixth Amendment) Act, 1982
The Forty-sixth Amendment enables the State Governments to plug loopholes and realise
sales-tax dues on the one hand and on the other aims at bringing about some uniformity in
tax rates in case of certain items.
The Constitution (Forty-seventh Amendment) Act, 1984
This Amendment adds 14 State Acts dealing with land to the IX Schedule.
The Constitution (Forty-eight Amendment) Act, 1984
The purpose of the Amendment was to extend President’s rule in Punjab for two years.
Under Article 356(5) President’s rule can last in a State for a maximum period of one year.
But the conditions in Punjab did not permit holding of fresh elections and accordingly,
extension of President’s rule became imperative.
The Constitution (Forty-ninth Amendment) Act, 1984
the purpose of this Amendment is to take out the Tribal areas of Tripura from Schedule V
and put them in Schedule VI.
The Constitution (Fiftieth Amendment) Act, 1984
This Amendment substitutes an expounded Article 33 for the old Article by the new Article
33, Parliament is authorised to curtail the fundamental rights of the members of the armed
forces, forces charged with the maintenance of public order, intelligence organisations or
telecommunication systems set up for any force or intelligence bureau, with a view to
ensure the proper discharge of duties by and maintenance of discipline among those
persons in the interest of country’s security.
The Constitution (Fifty-first Amendment) Act, 1984
the Amendment effectuates some changes in Articles 330 and 332 with a view to provide
for reservation of seats in the Lok Sabha for Scheduled tribes in Meghalaya, Aruncahal
Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.
The Constitution (Fifty-second Amendment) Act, 1985
The amendment is designed to prevent the scourge of defection of members of Parliament
and State legislatures from one political party to another.
The Constitution (Fifty-third Amendment) Act, 1986
The amendment Act elevated the Union Territory of Mizoram to the status of a State.
The Constitution (Fifty-fourth Amendment) Act,1986
The Salaries of the Judges of the Supreme Court and the High Courts have been enhanced
by the 54th Amendment Act, 1986. accordingly, a Judge of the Supreme Court gets a salary
of Rs. 9,000 per mensem and the salary of the Chief Justice is Rs. 10,000 per mensem. A
Judge of the High Court gets a salary of Rs. 8,000 per mensem and the salary of the Chief
Justice of the High Courts is Rs. 9,000 per mensem.
The Constitution (Fifty-fifth Amendment) Act, 1986
The Union Territory of Arunchal Pradesh was elevated to the status of a State by the 55th
Amendment Act.
The Constitution (Fifty-sixth Amendment) Act, 1987
Constitution (56the Amendment) Act, 1987 inserting Article 394A, to make the Hindi text
of the Constitution authoritative.
The Constitution (Fifty-seventh Amendment) Act, 1987
The Constitution (57th Amendment) Act, 1987 with the Goa, Daman and Diu
Reorganisation Act, 1987 lifts Goa from the status of Union Territory to that of the 25th
State of the Union of India.
The Constitution (Fifty-eight Amendment) Act, 1987
The Amendment Act provides the reservation of seats for tribals in the Legislative
Assemblies of Arunchal Pradesh, Meghalaya, Mizoram and Nagaland.
The Constitution (Fifty-ninth Amendment) Act, 1988
The Act empowered the Government to impose emergency in Punjab on the grounds that
india’s integrity was threatened by internal disturbances.
The Constitution (Sixtieth Amendment) Act, 1988
The Amendment Act authoriese State Governments to increase the ceiling on professional
tax from Rs. 250 to Rs. 2,500 per person per annum.
In order to implement the said Memorandum, Article 332 of the Constitution (Seventy-
second Amendment) Act, 1992 for making a temporary provision for the determination of
the number of seats reserved for the Scheduled Tribes in the State Assemble of Tripura,
until the re adjustment of seats is made on the basis of the first census after the year 2000
under Article 170 of the Constitution
After part VIII of the Constitution a separate part IX has been added to the Constitution
with the addition in Article 243A and fresh schedule called Eleventh schedule enumerating
the powers and functions of Panchayti Raj Institutions has been incorporated. The Act
provides for Gram Sabha, a three-tiermodel of Panchayati Raj, reservation of seats for SCs
and STs in proportion to their population and one-third reservation of seats for women.
The Constitution (Seventy-fourth Amendment) Act, 1992
The Act provides constitutional status to urban local bodies. After part VIII of the
Constitution a separate part IXA has been added to the Constitution with the addition in
Article 243A and fresh schedule called Twelfth schedule enumerating the powers and
functions of urban local bodies has been incorporated. The Act provides Municipal
Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and
STs in proportion to their population and one-third reservation of seats for women.