SSC CGL General Knowledge (Indian Polity)

DIRRERENT SOURCES OF THE INDIAN CONSTITURION

Although the skeleton of the constitution was derived from Government of India Act 1935, manyprovisions were imported from other constitution,, of the world. Some of them are listed below:Government of India Act 1935: Federal scheme, office of Governor, power of Federal judiciary,emergency powers etc.Constitution of Britain: Law making procedures, rule of law, provision for single citizenship,Parliamentary system of government, office of CAG.Constitution of USA: Independence of judiciary. judicial review, fundamental rights, removal ofSupreme Court and High Court judges, preamble and functions of Vice-president.Constitution of Canada: Federation with strong Centre, to provide residuary powers to the centre.Constitution of Ireland: Directive Principles of State policy, method of presidential elections, andthe nomination of members to Rajya Sabha by the President,Constitution of Germany: Provisions concerning the suspension of fundamental rights duringemergency.Constitution of Australia: Idea of the Concurrent list.Constitution of South Africa: Amendment with 2/3rd majority in Parliament and election of theMembers of Rajya Sabha on the basis of proportional representation.

THE PREAMBLE

The 42nd Amendment (1976) added the words Secular’ and ‘Socialist’ end now the Preamblereads 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: Justice, social. economic andpolitical; Liberty of thought, expression, belief, faith and worship Equality of status and ofopportunity: and to promote among them all Fraternity assuring the dignity of the individual andthe unity and integrity of the Nation. In our Constituent Assembly on this twenty-sixty dayNovember, 1949, we do hereby, Adopt, Enact and Give Ourselves this Constitution.”

PARTS AND ARTICLES OF THE CONSTITUTION

• Part I/Articles 1-4 : Territory of India, admission, establishment orformation of new states

• Part II/Articles 5-11 : Citizenship• Part III/Articles 12-35 : Fundamental Rights• Part I V/Articles 36-51 : Directive Principles of State Policy• Part I V-A/Article 51A : Duties of a citizen of India• Part V/Articles 52-151 : Government at the Union level

Indian Polity

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• Part VI/Articles 152-237 : Government at the State level• Part VII/Article 238 : Repeated by 7th Amendment 1956• Part VIII/Articles 239-241 : Administration of Union Territories• Part IX/Articles 242-243 : The Panchayats• Part IX-A/Articles 243P-243 ZG : The Municipalities• Part X/Articles 244-244 : A Scheduled and tribal areas• Part XI/Articles 245-263 : Relations between the Union and States• Part XMI/Articles 263-300 : A Finance, property, contracts and suits• Part XIII/Articles 301—307 : Trade, commerce and travel within territory

of India• Part XIV/Articles 308-323 : Services under the Union and States• Part XIV-A/Articles 323A-323B : Deals with administrative tribunals• Part XV/Articles 324-329 : A Election and Election Commission• Part XVI/Articles 330-342 : Special provision to certain classes SCs/STs,

OBCs and Anglo Indians• Part XVII/Article 343-351 : Official languages• Part XVIII/Articles 352-360 : Emergency provisions• Part XIX/Article 361-367 : Miscellaneous provisions• Part XX/Article,68 : Amendment of Constitution• Part XXI/Articles X69-392 : Temporary, transitional and special provisions

SCHEDULES IN THE CONSTITUTION

First Schedule • It deals with the territories of th, 28 states and 7 union, territoriesof the Indian Union.

Second Schedule • Deals with salaries, allow a cesn etc., payable to the President ofIndia, Governors of States, Chief Justice of India, judges of theSupreme Court and High Courts and the Comptroller and editorGeneral of India. There revised salaries now are:President of India Rs 1.50,000 pmVice-President Rs 1.20.000 pmGovernor of a state Rs 1,10,000 par

(varies from state to state)Chief Justice of India Rs 1,00.000 pmJudges of the Supreme Court Rs 90,000 pmChief Justice of a High Court Rs 90,000 putJudges of a High Court Rs. 80.000 put

Third Schedule • It prescribes the various forms of oath or affirmation, which variousincumbents have to take before assuming a public office.

Fourth Schedule • Allocates seats to each state and union territory in the RajyaSabha. Contains provisions as to the administration and controlof Scheduled Areas.

Fifth Schedule • It deals with the administration and control of the ScheduledAreas.

Sixth Schedule • Deals with provisions regarding administration of tribal areas inthe states of Assam, Meghalaya and Mizoram. This Schedule inthe Constitution, amended in 1988 by the Act 67 of 1988, receivedthe assent of the President on 16 December 1988, and was applied


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to the states of Tripura and Mizoram w.e.f. 16 December 1988.Seventh Schedule • Gives three lists of powers and subjects to be looked after by the

Union and the states as follows:(i) Union List—Comprises subjects of all-India importance

like Defence. International Affairs. Railways. Post andTelegraph, Income tax, etc. The Parliament has theexclusive power to legislate on these subjects. It contains97 subjects:

(ii) State List-Contains subjects of local importance.Normally, the State Legislature alone legislates on thesesubjects. It contains 66 subjects.

(iii) Concurrent List-Contains subjects on which theParl iament as well as the State Legislature enjoyauthority. According to the 88th amendment, servicetax is to be levied, collected and appropriated by theunion and the states.

Eighth Schedule • Gives a l i st of 22 regional languages recognised by theConstitution; Originally there were only 14 languages in theschedule and the l5th language ‘Sindhi’ was added by the listamendment in 1967, and three languages-Konkani, Manipuri andNepali were added by the 71st amendment in 1992. In 2003, the92nd amendment added four more languages to the list-’Bolo’,‘Dogri’, ‘Maithali’ and ‘Santhali’. The language’ are as follows:

1. Assamese 2. Bengali 3. Bndo4. Dogri 5. Gujarati 6. Hindi,7. Kanada 8. Kashmiri 9. Malayalam

10. Maithali 11. Marathi 12. O, it a,13. Punjabi 14. Sanskrit 15. Sindhi,16. Tamil 17. Telugu 18. Santhali19. Urdu 20. Konkagi 21. Manipuri 22. Nepali.

Ninth Schedule • Contains certain Acts and regulations of the State Legislaturedealing with and reforms and abolition of the zamindari system. itcontains 284 Acts. This Schedule was added to the Constitutionin 1951, by the First Constitution (Amendment Act.

Tenth Schedule • Contains certain provisions -regarding disqual if ication ofmembers on grounds of defection.

Eleventh Schedule • It lists 29 subjects on which the panchayats have been given

administrativecontrol. It wasadded to theCon sti tu t ionon 20 Apri l1992, by the7 3 r dAmendmen tin 1992.

Twelfth Schedule • I t l i sts 18

subjects onwhich themunicipalitiesare givenadministrativecontrol. It wasadded to theCon sti tu t ionon 20 Apri l1992 by the7 4 t h


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Amendmen tin 1992.

CITIZENSHIPPart II (Articles 5-11): The Constitution

provides for only single citizenship and there

is no separate citizenship of states.Citizenship can be acquired (Citizenship Act,1955) by birth, descent, registration,naturalization or when India acquires newterritories. Citizenship can be lost byrenunciation, termination or deprivation.

Parliament can, by law, deprive any person of his citizenship if it is satisfied that citizenshipwas acquired by fraud, false representation, or concealment of material facts.

Dual Citizenship, 2005Under the Citizenship Act 2003, those eligible to become citizen of India as on 26 January

1950, could apply for dual Indian citizenship. The government has extended dual citizenshipto all those who were holding the Person of Indian Origin Card (PIOC) and who had migratedfrom India after the formation of the Indian Republic. Persons of Indian origin who werecitizens of Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, the Netherlands,New Zealand, Portugal, Cyprus, Sweden, Switzerland, the United Kingdom and the UnitedStates of America were eligible to apply for dual citizenship. A person who has been at anytime a citizen of Pakistan, Bangladesh or any other country that the government may notifyn future is not entitled to dual citizenship.

FUNDAMENTAL RIGHTS

• Part III (Articles 12-35): Originally seven Fundamental Rights were listed in the Constitution.However, after the 44the Amendment 1978, there are now only six Fundamental Rights, theyare:

1. Right of Equality (Article 14-18)2. Right of Freedom (Article 19) It guarantees:

(i) Freedom of speech and expression.(ii) Freedom to assemble peacefully and without arms.(iii) Freedom to form associations and unions.(iv) Freedom of movement throughout India.(v) Freedom to practice any profession or to carry on any occupation trade or business.

3. Right to Freedom of Religion (Articles 25-28)4. Cultural and Educational Rights (Articles 29-30)5. Right Against Exploitation (Articles 23-24)6. Right to Constitutional Remedies (Articles 32-35)

Right to property used to be a Fundamental Right but has now become only a legalright. The Janata Government on 20 June 1978, omitted the Right to Property by Constitution(44th) Amendment Act, 1978.

DIRECTIVE PRINCIPLES PART IV(ARTICLES 36-51)

Part IV of the Constitution deals with the Directive Principles of state policy. The main DirectivePrinciples are:

1. Provision of adequate means of livelihood to all.2. Equitable distribution of wealth among all.


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3. Protection of children and youth.4. Equal pay for equal work to both men and

women.5. Free and compulsory education for

children up to the age of 14 years.6. Prevention of cow slaughter.7. The right to work, to education, to public

assistance in case of unemployment, oldage, sickness and disability.

8. Prohibition of liquor.9. Establishment of village panchayats.

10. Protection of historical and nationalmonuments.

11. Separation of the judiciary from theExecutive to secure for all citizens, auniform civil code.

12. Promotion of international cooperationand world security.

13. Free legal aid from the state to the weaker sections of society.14. State to protect natural environment, forests and wildlife.

Difference between Fundamental Rights and Directive Principles(a) Fundamental Rights constitute a limitation upon the state actions whereas, Directive

Principles are instruments of instruction to a government to carry out certain responsi-bilities.

(b) Directive Principles cannot be enforced in a court of law and do not create anyjustifiable right in favour of an individual.

The 42nd Amendment Bill, 1976 had given the Directive Principles precedence over theFundamental Rights. This amendment also added two more Directive Principles:(a) Free legal aid from state to weaker sections.(b) State to protect natural environment, forests and wildlife.


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SSC CGL General Knowledge (Indian Polity)