INDIAN CONSTITUTION Dr. Bhimrao Ramji Ambedkar is regarded as the chief architect of the Indian Constitution. Also he is the Chairman of the drafting committee of the Constitution. B.N Rau, Constitutional Adviser. He also became the first Indian judge in the International Court of Justice. Supreme law of India. Longest written constitution in the world. Imparts constitutional supremacy and not Parliamentary Supremacy, that means Parliament cannot override the constitution. Adopted by constituent assembly on 26th November 1949, this day is celebrated in India as Law day. th Came into effect on 26 January 1950, this date is chosen to commemorate the Purna Swaraj decleration of Independence 1930. The 389 members of the constituent assembly took two years, eleven months and eighteen days to complete the drafting of the constitution. It consist of 395 Articles, which are divided in 22 parts and has 12 schedules. Part 1 – The Union and its Territories (1-4) Article 1. Name and territory of the Union. Article 3. Formation of new States and alteration of areas, boundaries or names of existing States. Part 2 – Citizenship(5-11) Part 3 – Fundamental Rights(12-35) 12. Definition. 13. Laws inconsistent with or in derogation of the fundamental rights. Right to Equality 14. Equality before law. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or birth of place. CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 1 16. 17. 18. Equality of opportunity in matters of public employment. Abolition of Untouchability. Abolition of titles. Right to Freedom 19. 20. 21. 21A. 22. Protection of certain rights regarding freedom of speech, etc. Protection in respect of conviction for offences. Protection of life and personal liberty. Right to education. Protection against arrest and detention in certain cases. Right against Exploitation 23. 24. Prohibition of traffic in human beings and forced labour. Prohibition of employment of children in factories, etc. Right to Freedom of Religion 25. Freedom of conscience and free profession, practice and propagation of religion. 26. Freedom to manage religious affairs. 27. Freedom as to payment of taxes for promotion of any particular religion. 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and Educational Rights 29. Protection of interests of minorities. 30. Right of minorities to establish and administer educational institutions. 31. [Repealed.] Saving of Certain Laws 31A. 31B. 31C. 31D. Saving of Laws providing for acquisition of estates, etc. Validation of certain Acts and Regulations. Saving of laws giving effect to certain directive principles. [Repealed.] Right to Constitutional Remedies 32. 32A. Remedies for enforcement of rights conferred by this Part. [Repealed.] CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 2 33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. 34. Restriction on rights conferred by this Part while martial law is in force in any area. 35. Legislation to give effect to the provisions of this Part. Part 4 – Directive Principles of State Policy(36-51) 38. State to secure a social order for the promotion of welfare of the people. 39. Certain principles of policy to be followed by the State. 39A. Equal justice and free legal aid. 40. Organisation of village panchayats. 41. Right to work, to education and to public assistance in certain cases. 42. Provision for just and humane conditions of work and maternity relief. 43. Living wage, etc., for workers. 43A. Participation of workers in management of industries. 44. Uniform civil code for the citizens. 45. Provision for early childhood care and education to children below the age of six years. 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 48. Organisation of agriculture and animal husbandry. 48A. Protection and improvement of environment and safeguarding of forests and wild life. 49. Protection of monuments and places and objects of national importance. 50. Separation of judiciary from executive. 51. Promotion of international peace and security. Part - 4A – Fundamental Duties. Part 5 – The Union(148- 151) 52 – The President of India 63 – The Vice President of India CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 3 72 – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. 74. Council of Ministers to aid and advise President 76. Attorney-General for India 110. Definition of “Money Bills”. 123. Power of President to promulgate Ordinances during recess of Parliament. 124. Establishment and constitution of Supreme Court. 139. Conferment on the Supreme Court of powers to issue certain writs. 141. Law declared by Supreme Court to be binding on all courts. 148. Comptroller and Auditor-General of India. Part 6 – The States(152-237) 153. Governors of States 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. 165. Advocate-General for the State 213. Power of Governor to promulgate Ordinances during recess of Legislature 214. High Courts for States. 226. Power of High Courts to issue certain writs. Part 7 – This part has been repealed by the seventh amendment in 1956 Part 8 – The Union Territories(239-242) 239AA. Special provisions with respect to Delhi . Part 9 – The Panchayats(243 – 243o) Part 9A – The Municipalities(243 – 243 zg) CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 4 Part 10 – The Schedule and Tribal Areas(244) Part 11 – Relations between the Union and the States(245 – 263) Part 12 – Finance, Property, Contracts and Suits(264 – 300A) 266. Consolidated Funds and public accounts of India and of the States. 267. Contingency Fund. 280. Finance Commission. 300A. Persons not to be deprived of property save by authority of law. PART 13 – Trade, Commerce and Intercourse within the territory of India(301 – 307) Part 14 – Services under the Union and the States (308323) Part 14A – Tribunals Part 15 – Elections(324-329) 324. Superintendence, direction and control of elections to be vested in an Election Commission. Part 16 – Special provisions relating to certain classes (330- 342) Part 17 – Official Languages(343-351) Part 18 – Emergency Provisions( 352- 360) 352. National Emergency CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 5 356. State Emergency 360. Financial Emergency Part 19 – Miscellaneous( 361 – 367) Part 20 – Amendment of the Constitution( 368) 368. Power of the parliament to amend the constitution. Part 21 – Temporary, Transitional and Special Provisions( 369 – 392) 370. Temporary provisions with respect to the State of Jammu and Kashmir. Part 22 – Short Title, Commencement, Authoritative Text in Hindi and Repeals (393 – 395) Schedules First Schedule I. II. The States The Union Territories Second Schedule Part A—Provisions as to the President and the Governors of States Part B— [Repealed.] Part C—Provisions as to the Speaker and the Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council of a State. Part D—Provisions as to the Judges of the Supreme Court and of the High Courts. Part E— Provisions as to the Comptroller and Auditor-General of India. CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 6 Third Schedule Forms of Oaths or Affirmations Fourth Schedule Allocation of seats in the Council of States Fifth Schedule Part A—General Part B—Administration and Control of Scheduled Areas and Scheduled Tribes Part C— Scheduled Areas Part D—Amendment of the Schedule Sixth Schedule Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram Seventh Schedule List I —Union List List II—State List List III—Concurrent List Eight Schedule Languages Ninth Schedule Validation of certain Acts and Regulations Tenth Schedule Anti-defection of law CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 7 Eleventh Schedule Powers, authority and responsibilities of Panchayats Twelfth Schedule Powers, authority and responsibilities of Municipalities CLAT Zone |All Rights Reserved For more visit CLAT Zone at Facebook. 8
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