Polity

Amendments

Amendments to the Constitution are made by the Parliament, the procedure for which is laid out in Article 368. An amendment bill must be passed by both the Houses of the Parliament by a two-thirds majority and voting. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures. As of June 2013 there have been 118 amendment bills presented in the Parliament, out of which 98 have been passed to become Amendment Acts.

Amendments of constitution
Amendment	Enforced on	Objectives
1.	1951	To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.
2.	1953	A technical amendment to fix the size of each parliamentary constituency between 650,000 and 850,000 voters.
3.	1955	LS limit of 500 members, one member of a constituency represents between 500000 and 750000 people.
4.	1955	Restrictions on property rights and inclusion of related bills in Schedule 9 of the constitution.
5.	1955	Provides for a consultation mechanism with concerned states in matters relating to the amendments to the territorial matters and in the re-naming of the state.
6.	1956	Amend the Union and State Lists with respect to raising of taxes.
7.	1956	Reorganization of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union Territories.
8.	1960	Clarify state’s power of compulsory acquisition and requisitioning of private property and include Zamindari abolition laws in Schedule 9 of the constitution.
9.	1960	Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.
10.	1961	Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.
11.	1961	Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.
12.	1961	Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.
13.	1963	Formation of State of Nagaland, with special protection under Article 371A.
14.	1962	Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.
15.	1963	Raise retirement age of judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.,
16.	1963	Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.
17.	1964	To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
18.	1966	Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.
19.	1966	Abolish Election Tribunals and enable trial of election petitions by regular High Courts.
20.	1966	Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh.
21.	1967	Include Sindhi as an Official Language.
22.	1969	Provision to form Autonomous states within the State of Assam.
23.	1970	Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1980.
24.	1971	Enable parliament to dilute fundamental rights through amendments to the constitution.
25.	1972	Restrict property rights and compensation in case the state takes over private property.
26.	1971	Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
27.	1972	Reorganization of Mizoram into a Union Territory with a legislature and council of ministers.
28.	1972	Rationalize Civil Service rules to make it uniform across those appointed prior to Independence and post independence.
29.	1972	Place land reform acts and amendments to these act under Schedule 9 of the constitution.
30.	1973	Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.
31.	1973	Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.
32.	1974	Protection of regional rights in Telengana and Andhra regions of State of Andhra Pradesh.
33.	1974	Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.
34.	1974	Place land reform acts and amendments to these act under Schedule 9 of the constitution.
35.	1975	Terms and Conditions for the Incorporation of Sikkim into the Union of India.
36.	1975	Formation of Sikkim as a State within the Indian Union.
37.	1975	Formation of Arunachal Pradesh legislative assembly.
38.	1975	Enhances the powers of President and Governors to pass ordinances
39.	1975	Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira Gandhi’s election to parliament. Amendment placed restrictions on judicial scrutiny of post of President, vice-president and Prime Minister.
40.	1976	Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.
41.	1976	Raise Retirement Age Limit of Chairmen and Members of Union and State Public Commissions from 60 to 62.
42.	1977	Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a “Socialist Secular” Republic.
43.	1978	Amendment passed after revocation of internal emergency in the Country. Repeals some of the more ‘Anti-Freedom’ amendments enacted through Amendment Bill 42.
44.	1979	Amendment passed after revocation of internal emergency in the Country. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.
45.	1980	Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.
46.	1983	Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.
47.	1984	Place land reform acts and amendments to these act under Schedule 9 of the constitution.
48.	1985	Article 356 amended to permit President’s rule up to two years in the state of Punjab.
49.	1984	Recognize Tripura as a Tribal State and enable the creation of a Tripura Tribal Areas Autonomous District Council.
50.	1984	Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.
51.	1986	Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
52.	1985	Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.
53.	1987	Special provision with respect to the State of Mizoram.
54.	1986	Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.
55.	1987	Special powers to Governor consequent to formation of state of Arunachal Pradesh.
56.	1987	Transition provision to enable formation of state of Goa.
57.	1987	Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.
58.	1987	Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.
59.	1988	Article 356 amended to permit President’s rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.
60.	1988	Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.
61.	1989	Reduce age for voting rights from 21 to 18.
62.	1989	Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.
63.	1990	Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.
64.	1990	Article 356 amended to permit President’s rule up to three years and six months in the state of Punjab.
65.	1990	National Commission for Scheduled Castes and Scheduled Tribes formed and its stututory powers specifed in The Constitution.
66.	1990	Place land reform acts and amendments to these act under Schedule 9 of the constitution.
67.	1990	Article 356 amended to permit President’s rule up to four years in the state of Punjab.
68.	1991	Article 356 amended to permit President’s rule up to five years in the state of Punjab.
69.	1992	To provide for a legislative assembly and council of ministers for Federal National Capital of Delhi. Delhi continues to be a Union Territory.
70.	1991	Include National Capital of Delhi and Union Territory of Pondicherry in electoral college for Presidential Election.
71.	1992	Include Konkani, Manipuri and Nepali as Official Languages.
72.	1992	Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
73.	1993	Statutory provisions for Panchyat Raj as third level of administration in villages.
74.	1993	Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities. (Municipalities)
75.	1994	Provisions for setting up Rent Control Tribunals.
76.	1994	Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.
77.	1995	A technical amendment to protect reservation to SC/ST Employees in promotions.
78.	1995	Place land reform acts and amendments to these act under Schedule 9 of the constitution.
79.	2000	Extend reservation for SC / ST and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.
80.	2000	Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and The Centre.
81.	2000	Protect SC / ST reservation in filling backlog of vacancies.
82.	2000	Permit relaxation of qualifying marks and other criteria in reservation in promotion for SC / ST candidates.
83.	2000	Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.
84.	2002	Extend the usage of 1991 national census population figures for statewise distribution of parliamentary seats.
85.	2002	A technical amendment to protect seniority in case of promotions of SC/ST Employees.
86.	2002	Provides Right to Education until the age of fourteen and Early childhood care until the age of six.
87.	2003	Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.
88.	2004	To extend statutory cover for levy and utilization of Service Tax.
89.	2003	The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.
90.	2003	Reservation in Assam Assembly relating to Bodoland Territory Area.
91.	2004	Restrict the size of council of ministers to 15 % of legislative members & to strengthen Anti Defection laws.
92.	2004	Enable Levy of Service Tax. Include Bodo, Dogri, Santali and Maithili as National Languages.
93.	2006	Reservation for OBCs in government as well as private educational institutions
94.	2006	To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States.
95.	2010	Extended the reservation of seats in Lok Sabha and State Assemblies for SCs and STs from sixty to seventy years.
96.	2011	Changed “Oriya” in the Eighth Schedule to “Odia.
97.	2012, Jan 12	Right to form unions or co-operative societies. (19(1)C) Promotion of Co-operative Societies. (43B) The Co-operative Societies. (Part 9B)
98.	2013, Jan 2	To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region. (To insert Article 371J in the Constitution)

 

Structure

 

Parts of Constitution
Part	Articles	Deals with
1	1-4	The Union and its territory
2	5-11	Citizenship
3	12-35	Fundamental Rights
4	36-51	Directive Principles of State Policy
4A	51A	Fundamental Duties
5	52-151	The Union
6	152-237	The States
7	238	Repealed
8	239-242	The Union Territories
9	243A-O	The Panchayats
9A	243P-ZG	The Municipalities
10	244-A	The Scheduled and Tribal areas
11	245-263	The relation between Union and States
12	264-300A	Finance, Property, Contracts and Suits
13	301-307	Trade, Commerce and Intercourse within the territory of India
14	308-323	Services under The Union and The States
14A	323A-B	Tribunals
15	324-329A	Elections
16	330-342	Special provisions relating to SCs, STs, OBCs and Anglo-Indians
17	342-351	Official Language
18	352-360	Emergency Provisions
19	361-367	Miscellaneous
20	368	Amendment of the Constitution
21	369-392	Temporary, Transitional and Special Provisions
22	393-395	Short title, Commencement, Authoritative text in hindi and repeals

 

Schedules of Constitution
Schedule	Articles	Deals with
1	1,4	The States and The Union Territories. (28 states, 7 union territories)
2	59,65,75,97,125,148,158,164,186,221	Emoluments, allowances and Privileges.
3	75,84,99,124,146,173,188,219	Oaths of ministers and judges. Office of union ministers, secrecy of union ministers, candidate for MP elections, elected MP, Judges of SC or CAG, candidate for state legislatures, elected state ministers, Judges of HC.
4	4,80	Allocation of seats in the Rajya Sabha. (currently 233 elected + 12 nominated)
5	244	Administration and control of Scheduled areas and scheduled tribes.
6	244,275	Administration of Tribal areas of North-Eastern states: Assam, Meghalaya, Mizoram, Tripura.
7	246	Distribution of Power : Union list(99), State list(61) and Concurrent list(52). Union list:
8	344,351	Languages. Originally 14, currently 22. Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Marathi, Malayalam, Oriya, Punjabi, Sanskrit, Tamil, Telugu, Urdu. 21st amendment: Sindhi. (1967) 71st amendment: Konkani, Manipuri, Nepali. (1992) 92nd amendment: Bodo, Dogri, Maithili, Santhali. (2004)
9	31B	Validation of certain Acts and Regulations. Introduced by 1st amendment (1951) to protect from judicial review. Laws made after April 24, 1973 are open for judicial review now. 284 laws includes state laws on land reforms.
10	102,191	Anti-Defection Law (52nd amendment)
11	243G	Powers and Responsibilities of Panchayats (73rd amendment)
12	243W	Powers and Responsibilities of Municipalities (74th amendment)

 

Features

• Lengthiest written Constitution: Originally our constitution contained 395 articles divided in 22 parts and 8 schedules. Constitution has been amended 98 times. Currently there are 25 Parts, 12 Schedules, and 448 Articles. These figures show our constitution as the most comprehensive constitution in the world. (British have no written constitution and Constitution of USA had originally only 7 articles)
• Starts with a Preamble: It gives an insight into the Philosophy of the Constitution.
• Drawn from different sources: fundamental rights from USA, bicameralism from UK, Fundamental duties from USSR etc,
• Blend of Rigidity and Flexibility: making Law is quite flexible and easy in comparison to amending a law.
• Sovereignty of the Country: managing internal and external affairs freely without any external forces.
• Democratic state: governing power is derived from the people by means of elected representatives of the people.
• Republic: India does not have a hereditary post of Head of the State. The Head of the state in India is President and he / she is elected.
• Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means.
• Secular state: India is secular country. Here No religion is a state religion. The constitution provides equal treatment to all religions.
• Parliamentary Form of Government: Westminster model of government. Presence of nominal and real executives, majority party rule, collective responsibility of executive to legislature, dissolution of lower house, prime minister has crucial and important role.
• A blend of Federal and Unitary System: there are separate governments in the Union and States and there is division of power. Unitary features: Strong centre. Single Citizenship, single constitution for both the centre and states, emergency provisions, all India services. India is also quasi-federal as constitution describes India as union of states. States cannot unjoin as well as there is no agreement by states. We have union as well as state lists.
• Integrated and independent Judiciary: The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. The Constitution has made the High Courts subordinate to the Supreme Court.
• Universal Adult Franchise: Every citizen who is above 18 years has a Voting Right without any discrimination.
• Three tier government structure: union, state and panchayats.
• Synthesis of parliamentary sovereignty and judicial supremacy: judicial review of Supreme Court by procedure established by law. Also, parliament can amend major portion of constitution.
• Fundamental rights: to promote political democracy. Enforceable by courts for violation. They are Justiciable in nature.
• Fundamental duties: to respect constitution; to promote national unity, integrity, sovereignty; to preserve rich cultural heritage and promote common brotherhood. They are not justiciable in nature.
• Directive principles of state policy: socialistic, liberal and gandhian meant for promoting ideal social and economic democracy. To establish welfare state. It is the duty of state to apply these in governance. They are not justiciable.
• Independent bodies: constitution not only provides legislative, executive and judicial organs of government (state and centre) but also has independent election commission, CAG, UPSC, SPSC with security of tenure, service conditions.

 

Provisions

Emergency Provisions in the Constitution of India The Emergency Provisions are mentioned from Article 352 to Article 360. ?      Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency. ?      Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union. ?      Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament. ?      Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory. ?      Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not. ?      Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation. ?      Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article. ?      Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament. ?      Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.   Special Provisions Relating to Certain Classes The Constitution of India has listed the special provisions relating to certain classes in Part XVI. From Article 330 to Article 342. ?      Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People – this Article states that a certain number of seats should be reserved in the House of the People for both the Schedule Castes and Schedule Tribes. However, clause b of the Article includes Schedule Tribes excluding those who live in the autonomous districts of Assam. Clause c of the Article includes the Schedule Tribes belonging to the autonomous Assam districts. It is also mentioned in this Article that the total number of such seats assigned to the Schedule Tribes of autonomous Assam districts should match the total number of seats allotted in the House of the People. The seats alloted to the Schedule Castes and Schedule Tribes of a particular state or Union Territory should be proportional to the total number of seats reserved for such state or Union Territory in the house of the People. ?      Article 331: Representation of the Anglo-Indian Community in the House of the People – it is specified in this Article of the Indian Constitution that the President of India has the sole right to elect a maximum of 2 members belonging to the Anglo-Indian section to represent the entire community. ?      Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States – This Article of the Constitution states that a definite number of seats in every state’s Legislative Assembly should be alloted to the Schedule Castes and Schedule Tribes. The Schedule Castes and Schedule Tribes of the autonomous districts of Assam are also given seats in the Legislative Assembly. It is also specified that a person not belonging to the Schedule Tribes category of Assam state cannot contest the Legislation Assembly election from any of the constituencies of the districts of the state. Also, all areas outside the periphery of the districts of Assam should not hold any constituency of the Legislative Assembly of the Assam state. The total seats alloted to the state Legislative Assembly of Assam should be in proportion of the total population and the share of the SC/ST in such population.   As per Article332, the number of seats alloted to the SC/STs of a state should follow a proportion to the total number of seats assigned in the Assembly as the total population of the SC/STs in that state with respect to the total state population. In case of such states as Nagaland, Mizoram, Meghalaya and Arunachal Pradesh, as per the Constitution Act 1987, if all the seats of the Legislative Assembly after the first census of 2000, belong to the Schedule Tribes, then only one seat shall be alloted to other communities. Also, the total number of seats alloted to the Schedule Tribes shall not be less than the existing number of seats in the Assembly of the state. The Article suggests that the the total number of seats of Schedule Tribes in the Legislative Assembly of Tripura state should be proportional to the total number of existing seats in the Assembly. As per the Constitution Act 1992, the number of the Schedule Tribe members in the Legislative Assembly of Tripura shall not be less than the total number of seats already available in the Assembly.   ?      Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States – according to this Article of the Constitution of India if the Governor of any state thinks it necessary to elect one representative of the Anglo-Indian community for the Legislative Assembly of that state then he can do the same. Also, if the governor feels that Anglo-Indian community does not have sufficient representation in the state Legislative Assembly then also he can elect one member of that community for the Assembly. ?      Article 334: Reservation of seats and special representation to cease after 289A – This Article holds the fact that after 60 years of the enactment of the Indian Constitution, certain provisions shall become ineffective. However, it is also specified that the Article will not be applied until and unless the House of the People or the Legislative Assembly gets dissolved because of some significant reason. The Provisions with which this Article deals with include reserving seats for Anglo-Indian community, Schedule Castes and Schedule Tribes in the House of the People or in the Legislative Assembly. ?      Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts – The Article states that the various claims of the Schedule Castes and Schedule Tribes shall be regarded accordingly. Relaxation of age, lower cut off marks and easier parameters of evaluation for the purpose of selecting SC/ST candidates to different posts and services will remain intact irrespective of the provisions mentioned in this Article. ?      Article 336: Special provision for Anglo-Indian community in certain services – as per this Article, for such posts of Union as postal and telegraph, customs and railway, the members of the Anglo-Indian community will be selected, for the first two years of the initiation of the Constitution, following the rules prevailing before 15th August, 1947. It is also specified that in every two years the total number of seats allotted to the Anglo-Indian community in different services and posts will go down by 10%. The Article states that these provisions will become ineffective after 10 years of the enactment of the Indian Constitution. However, clause 2 of this Article clearly mentions that if a candidate of the concerned community is eligible for any post other than the ones mentioned above then he will be selected with immediate effect. ?      Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community – the provisions of this Article deal with the fact that grants to the Anglo-Indian community shall be offered in the first three years of the enactment of the Constitution following the same rules made on 31st March 1948. It is also stated that the amount of such grants will reduce by 10% in every three succeeding years. It is mentioned that after 10 years of the initiation of the Constitution of India all such grants will cease to exist. Moreover, the Article states that only when at least 40% of the admissions in educational units belong to communities other than Anglo-Indians, such grants will be offered to the said community. ?      Article 338: National Commission for Scheduled Castes and Scheduled Tribes – This Article covers the issues to be dealt with by the said Commission exclusively made for the Schedule Castes and Schedule Tribes. As per the Constitution of India, the Article holds that the Commission should include a Chairperson, Vice-Chairperson and other members all of whom are elected by the President of India. The Commission, according to the Article, has the power to investigate all matters that are related to the safeguard of the Sc/STs. The commission can also exercise its power by summoning any person from any part of the nation to interrogate him regarding a particular issue of the SC/STs. The Commission shall also take necessary measures to improve the socio-economic status of the Schedule Castes and Schedule Tribes. A report specifying whether the safeguards of the ST/SCs are maintained properly shall be submitted to the President of India every year by the Commission. ?      Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes – the Article suggests that a Commission specifying the administration of Scheduled Areas and Welfare of Scheduled Tribes shall be formed by Order of the President after 10 years of the Indian Constitution’s enactment. The various procedures and powers of the commission are to be included in the said Order. Planning and execution of various schemes pertaining to the development of the Schedule Tribes included in the executive power of the Union is also mentioned in the Article. ?      Article 340: Appointment of a Commission to investigate the conditions of backward classes – this Article specifies that the President of India can form a Commission by Order that will look into the overall condition of the people belonging to the backward classes. This Commission is also supposed to recommend any state or union the necessary steps through which the underprivileged classes can improve their social and economic status. On the basis of the investigation done, the Commission shall submit a report to the President of India. The President, in turn, shall present such report with a memorandum to both of the Houses of the Indian Parliament and will prescribe the necessary steps to be taken to develop the condition of the backward classes. ?      Article 341: Scheduled Castes – this Article states that the President of India after taking the advice of the Governor of any state or Union Territory, has the right to demarcate tribes, races or castes or a part of any group as Scheduled Castes, in accordance with the law of the Constitution. The president can do the same by issuing a public notification. However, the Parliament of India can, by law, accept or reject the list containing the Scheduled Caste groups. ?      Article 342: Scheduled Tribe – a group belonging to a tribe or an entire tribal community of a state or an Union Territory can be declared as Scheduled Tribe by the President of India through issuing a public notice. The President consults with the Governor of the concerned state or Union Territory before specifying a tribe as Scheduled Tribe. The Parliament of India can decide upon canceling or keeping the particular ST in the list of Scheduled Tribes. However, the public notification issued for declaration of the Scheduled Tribe can be saved by the Parliament.   Other provisions   Article 369 {Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List} Article 370 {Temporary provisions with respect to the State of Jammu and Kashmir} Article 371 {Special provision with respect to the States of Maharashtra and Gujarat} Article 371A {Special provision with respect to the State of Nagaland} Article 371B {Special provision with respect to the State of Assam} Article 371C {Special provision with respect to the State of Manipur} Article 371D {Special provisions with respect to the State of Andhra Pradesh} Article 371E {Establishment of Central University in Andhra Pradesh} Article 371F {Special provisions with respect to the State of Sikkim} Article 371G {Special provision with respect to the State of Mizoram} Article 371H {Special provision with respect to the State of Arunachal Pradesh} Article 371I {Special provision with respect to the State of Goa} Article 372 {Continuance in force of existing laws and their adaptation} Article 372A {Power of the President to adapt laws} Article 373 {Power of President to make order in respect of persons under preventive detention in certain cases} Article 374 {Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council} Article 375 {Courts, authorities and officers to continue to function subject to the provisions of the Constitution} Article 376 {Provisions as to Judges of High Courts} Article 377 {Provisions as to Comptroller and Auditor-General of India} Article 378 {Provisions as to Public Commissions} Article 378A {Special provisions as to duration of Andhra Pradesh Legislative Assembly}

 

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Basic Structure

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the fundamental rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the judicial review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

• The supremacy of the constitution.
• A republican and democratic form of government.
• The secular character of the Constitution.
• Maintenance of the separation of powers.
• The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

• The mandate to build a welfare state contained in the Directive Principles of State Policy.
• Maintenance of the unity and integrity of India.
• The sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

• The sovereignty of India.
• The democratic character of the polity.
• The unity of the country.
• Essential features of individual freedoms.
• The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

• A sovereign democratic republic.
• The provision of social, economic and political justice.
• Liberty of thought, expression, belief, faith and worship.
• Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.

 

Constitution

Constitution is the fundamental law of a country which ordains the fundamental principles on which the government (or the governance) of that country is based. It lays down the framework and principal functions of various organs of the government as well as the modalities of interaction between the government and its citizens. With the exception Of United Kingdom (U.K.), almost all democratic countries possess a written constitution. India also possesses an elaborate written constitution which was enacted by a constituent assembly specifically set up for the purpose. Our Constitution was adopted by the Constituent Assembly on 26 January, 1949. It came into full operation with effect from 26 January, 1950. The Constitution as originally adopted had 22 parts, 395 articles and 8 schedules. Its present text is as amended from time to time.

?     Preamble : “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, economical and political; Liberty, of thought, expression, belief, faith and worship; Equality of status and of opportunity; And to promote among all Fraternity assuring the dignity of 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” ?     42nd amendment:  “Socialist Secular and integrity” was added to preamble. ?     Drafting Committee was appointed on 1947, August 29. First draft published on 1949, February. Members : BR Ambedkar(Chairman), N Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, KM Munshi, Sayed M Saadullah, N Madhav Rao(replaced BL Mitra), TT Krishnamachari (replaced DP Khaitan)

 

Evolution of Indian Constitution

Although the systems of ancient India do have their reflections in the Constitutions of India, the direct sources of the Constitution lie in the administrative and legislative developments of the British period.

 

Regulating Act of 1773

• This Act was based on the report of a committee headed by the British Prime Minister Lord North.
• Governance of the East India Company was put under the British Parliamentary control.
• The Governor of Bengal was nominated as Governor General for all the three Presidencies of Calcutta Bombay and Madras. Warren Hastings was the first such Governor General.
• A Supreme Court was established in Calcutta (now Kolkata)
• Governor General was empowered to make laws, regulations and ordinances with the consent of the Supreme Court.

 

Pitts India Act of 1784

• It was enacted to improve upon the provisions of Regulating Act of 1773 to bring about better discipline in the Company’s system of administration.
• A 6 member Board of Coordinators was set up which was headed by a minister of the British Government. All political responsibilities were given to this board.
• Trade and commerce related issues were under the purview of the Court of the Directors of the company.
• Provinces had to follow the instructions of the Central Government and Governor General was empowered to dismiss the failing provincial government.

 

Charter Act of 1793

• Main provisions of the previous Acts were consolidated in this Act.
• Provided for the payment of salaries of the members of the Board of Controllers from Indian revenue.
• Courts were given the power to interpret rules and regulations

 

Charter Act of 1813

• Trade monopoly of the East India Company came to an end.
• Powers of the three Councils of Madras, Bombay and Calcutta were enlarged; they were also subjected to greater control of the British Parliament.
• The Christian Missionaries were allowed to spread their religion in India.
• Local autonomous bodies were empowered to levy taxes.

 

Charter Act of 1833

• The Governor General and his Council were given vast powers. This Council could legislate for the whole of India subject to the approval of the Board of Controllers.
• The Council got full powers regarding revenue, and a single budget for the country was prepared by the Governor General.
• The East India Company was reduced to an administrative and political entity and several Lords and Ministers were nominated as ex-officio members of the Board of Controllers.
• For the first time the Governor-General’s Government was known as the ‘Government of India’ and his Council as the ‘Indian Council’.

 

Charter Act of 1853

• This was the last of the Charter Acts and it made important changes in the system of Indian legislation.
• This Act followed a report of then Governor General Dalhousie for improving the administration of the company.
• A separate Governor for Bengal was to be appointed.
• Legislative and administrative functions of the Council were separately identified.
• Recruitment of the Company’s employees was to be done through competitive exams.
• British Parliament was empowered to put Company’s governance of India to an end at any suitable time.

 

Government of India Act, 1858

• British Crown decided to assume sovereignty over India from the East India Company in an apparent consequence of the Revolt of 1857, described as an armed sepoy mutiny by the British historians and remembered as the First War of Independence by the Indians.
• The first statute for the governance of India, under the direct rule of the British Government, was the Government of India Act, 1858.
• It Provide for absolute (British) imperial control over India without any popular participation in the administration of the country.
• The powers of the crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members, known as the Council of India.
• The country was divided into provinces headed by a Governor or Lieutenant-Governor aided by his Executive Council.
• The Provincial Governments had to function under the superintendence, direction and control of the Governor- General in all matters.
• All authority for the governance of India was vested in the Governor- General in Council who was responsible to the Secretary of State.
• The Secretary of State was ultimately responsible to the British Parliament.

 

Indian Councils Act, 1861

• This is an important landmark in the constitutional history of India. By this Act, the powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the Council of India). The Secretary of State, who was responsible to the British Parliament, governed India through the Governor General, assisted by an Executive council.
• This Act enabled the Governor General to associate representatives of the Indian people with the work of legislation by nominating them to his expanded council.
• This Act provided that the Governor General’s Executive Council should include certain additional non-official members also while transacting legislative business as a Legislative Council. But this Legislative Council was neither representative nor deliberative in any sense.
• It decentralized the legislative powers of the Governor General’s Council and vested them in the Governments of Bombay and Madras.

 

Indian Councils Act, 1892

• The non-official members of the Indian Legislative Council were to be nominated by the Bengal Chamber of Commerce and Provincial Legislatives Council while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, districts boards, municipalities, zamindars etc.
• The Councils were to have the power of discussing the Budget and addressing questions to the Executive.

 

Morley-Minto Reforms and the Indian Councils Act, 1909

• Reforms recommended by the then Secretary of States for India (Lord Morley) and the Viceroy (Lord Minto) were implemented by the Indian Councils Act, 1909.
• The maximum number of additional members of the Indian Legislative Council (Governor- General’s Council) was raised from 16 (under the Act of 1892) to 60 (excluding the Executive Councilors).
• The size of Provincial Legislative Councils was enlarged by including elected non-official members so that the official majority was gone.
• An element of election was introduced in the Legislative Council at the centre also but here the official majority was maintained.
• The Legislative Councils were empowered to move resolutions on the Budget, and on any matter of public interest except certain specified subjects such as the Armed forces, Foreign Affairs and the Indian States.
• It provided, for the first time, for separate representation of the Muslim community and thus sowed the seeds of separatism.

 

The Government of India Act, 1915

• This act was passed to consolidate the provisions of the preceding Government of India Acts.

 

Montague-Chelmsford Report and the Government of India Act, 1919

• The then Secretary of State for India Mr. E.S. Montague and the Governor General Lord Chelmsford formulated proposals for the Government of India Act, 1919.
• Responsible Government in the Provinces was to be introduced, without impairing the responsibility of the Governor (through Governor General), for the administration of the province, by resorting to device known as ‘Diarchy’ or dual government.
• The subjects of administration were to be divided into two categories Central and Provincial.
• Central subjects were those which were exclusively kept under the control of the Central Government.
• The provincial subjects were sub-divided into ‘transferred’ and ‘reserved’ subjects.
• The ‘transferred subjects’ were to be administered by the Governor with the aid of Ministers responsible to the Legislative Council in which the proportion of elected members was raised to 70 percent.
• The ‘ reserved subjects’ were to be administered by the Governor and his Executive Council with no responsibility to the Legislature.
• The previous Central control over the provinces in the administrative, legislative and financial matters was relaxed. Sources of revenue were divided into two categories so that the provinces could run the administration with the revenue raised y the provinces themselves.
• The provincial budget was separated from the central budget.
• The provincial legislature was empowered to present its own budget and levy its own taxes relating to the provincial sources of revenue.
• The Central Legislature, retained power to legislate for the whole country on any subject.
• The control of the Governor General over provincial legislature was retained by providing that a Provincial Bill, even though assented to by the Governor, would become law only when assented to also by the Governor General.
• The Governor was empowered to reserve a Bill for the consideration of the Governor General if it was related to some specified matters.
• The Governor General in Council continued to remain responsible to the British Parliament through the Secretary of State for India.
• The Indian Legislature was made more representative and, for the first time ‘bi-cameral.’
• The Upper House was named the Council of State. This composed of 60 members of whom 34 were elected.
• The Lower House was named the Legislative Assembly. This was composed of about 144 members of whom 104 were elected.
• The electorates were arranged on a communal and sectional basis, developing the Morley-Minto device further.
• The Governor General’s overriding powers in respect of Central legislation were retained as follows:
• His prior sanction was required to introduce Bills relating to certain matters;
• He had the power to veto or reserve for consideration of the Crown any Bill passed by the Indian Legislature;
• He had the converse power of certifying Bill or any grant refused by the Legislature;
• He could make Ordinances, in case of emergency.

 

Simon Commission

• This commission, headed by Sir John Simon, constituted in 1927 to inquire into the working of the Act of 1919, placed its report in 1930. The report was examined by the British Parliament and the Government of India Bill was drafted accordingly.

 

The Government of India Act, 1935

• The Act of 1935 prescribed a federation, taking the Provinces and the Indian States (native states) as units.
• It was optional for the Indian States to join the Federation, and since they never joined, the Federation never came into being.
• The Act divided legislative powers between the Centre and Provinces.
• The executive authority of a Province was also exercised by a Governor on the behalf of the Crown and not as a subordinate of the Governor General.
• The Governor was required to act with the advice of Ministers responsible to the legislature.
• In certain matters, the Governor was required to act ‘in his discretion’ without ministerial advice and under the control and directions of the Governor General, and, through him, of the Secretary of State.
• The executive authority of the Centre was vested in the Governor General (on behalf of the Crown).
• The councilors of Council of Ministers responsible to the Legislature were not appointed although such provisions existed in the Act of 1935.
• The Central Legislature was bi-cameral, comprising a Legislative Assembly and a Legislative Council. In other provinces, the Legislature was uni-cameral.
• Apart from the Governor General’s power of veto, a Bill passed by the Central Legislature was also subject to veto by the Crown.
• The Governor General could prevent discussion in the Legislature and suspend the proceedings on any Bill if he was satisfied that it would affect the discharge of his special responsibilities.
• The Governor General had independent powers of legislatures, concurrently with those of the Legislature.
• On some subjects no bill or amendment could be introduced in the Legislature without the Governor General’s previous sanction.
• A three-fold division in the Act of 1935 –There was Federal List over which the Federal Legislature had exclusive jurisdiction. There was a Concurrent List also over which both the Federal and the Provincial had competence.
• The Governor General was empowered to authorize either the Federal or the Provincial Legislature to enact a law with respect to any matter which was not enumerated in the above noted Legislative Lists.
• Dominion Status, which was promised by the Simon Commission in 1929, was not conferred by the Government of India Act, 1935.

 

Cripps Mission

• In March, 1942 Sir Stafford Cripps, a member of the British cabinet came with a draft declaration on the proposals of the British Government.
• These proposals were to be adopted at the end of the Second World War, provided Congress and the Muslim League could accept them.
• According to the proposals-
• The Constitution of India was to be framed by an elected Constituent Assembly by the Indian people.
• The Constitution should give India Dominion Status.
• There should be one Indian Union comprising all the Provinces and Indian States.
• Any Province (or Indian State) not accepting the Constitution would be free to retain its constitutional position existing at that time and with such non-acceding Province British Government could enter into separate Constitutional arrangements.

 

Cabinet Mission

• In March 1946, Lord Attlee sent a Cabinet Mission to India consisting of three Cabinet Ministers, namely Lord Pethick Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
• The object of Cabinet Mission was to help India achieve its independence as early as possible, and to set up a Constitutional Assembly.
• The Cabinet Mission rejected the claim for a separate Constituent Assembly and a Separate for the Muslim.
• According to Cabinet Mission Plan there was to be a Union of India, comprising both British India and the States, having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. All residuary powers were to be vested in the Provinces and the States.
• The Union was to have an Executive and a Legislature consisting of representatives of the Provinces and the States.
• Any decision involving a major communal issue in the legislature was to require a majority support of representatives of each of the two major communities present and voting.
• The provinces could form groups with executives and legislatures, and each group could be competent to determine the provincial subjects.

 

The Mountbatten Plan

• The plan for transfer of power to the Indians and partition of the country was laid down in the Mountbatten Plan.
• It was given a formal shape by a statement made by the British Government on 3rd June, 1947.

 

The Indian Independence Act, 1947 of the British Parliament

• In pursuance of this Act, the Government of India Act, 1935 was amended by the Adaptation Orders, both in India and Pakistan, for setting up an interim Constituent Assembly to draw up future Constitution of the country.
• From the 15th August 1947 India ceased to be a Dependency, and the suzerainty of the British Crown over the Indian States and the treaty relations with Tribal Areas lapsed from that date.
• The office of the Secretary of State for India was abolished.
• The Governor General and the Governors lost extraordinary powers of legislations to compete with the legislature.
• The Central Legislature Of India, composed of the Legislative Assembly and the Council of States, ceased to exist on August 14, 1947.
• The Constituent Assembly itself was to function as the Central Legislature with complete sovereignty.

 

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