Source of Indian constitution is the different laws made by britishers during colonial period from 1765-1947.i.e all 3 charter acts ,Indian council acts,mont –ford reforms,morley-minto reforms ,simon commission etc.
Various Indian nationalist leaders have also play a crucial role in making Indian constitution(Gandhi,motilal Nehru & son jawaharlal Nehru).
But the main structure or (atma)of Indian constitution isgovernment of india act 1935.
In august mission 1940 britishers finally realise there should be constitutional commitie for making Indian constitution.
By the recomendation of cabinet mission constitution commitie(samvidhan sabha) was made.
Firstly interim chairman of samvidhan sabha was dr. sachhidanand sinha but later on dr.rajendra Prasad was made chairman.
Total of 22 commities main commitie was drafting commitie(7 member) headed by dr. B.R Ambedker.
After various debate and corrections (approx 7653 corrections ) it took 2.5 years to finalise constitution.
Finally in December 1949 indian constitution was made.
Indian constitution is the longest written constitution in the world ,reason is that the framers of the constitution borrowed provision from different sources.
Partly rigid and partly flexible(features are almost same in any standard book) means some parts are amended by ordinary process by parliament and some parts are amended by particular majority.
A democratic republic means (final power janta ke hath mein hai).
Parliamentary system of government means representative system of government and parliament iat the center of law making process(president sirf nam ke liye asli satta primeminister ke pass)
A federtation means powers are distributed between center and states (not equally).
Independent judiciary ,single citizenship,independent statutary bodies/commities,three tier system of government(73rd& 74th amendment).
Fundamental duties,fundamental rights,directive principles of state policy etc.
From U.K. • Nominal Head – President (like Queen)
• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lowe House
• Speaker in Lok Sabha
From U.S. • Written Constitution
• Executive head of state known as President and his being the Supreme Commander of the Armed Forces
• Vice- President as the ex-officio Chairman of Rajya Sabha
• Fundamental Rights
• Supreme Court
• Provision of States
• Independence of Judiciary and judicial review
• Preamble
• Removal of Supreme court and High court Judges
From USSR • Fundamental Duties
• Five year Plan
From AUSTRALIA • Concurrent list
• Language of the preamble
• Provision regarding trade, commerce and intercourse
From JAPAN • Law on which the Supreme Court function
From weimarconstitution of GERMANY • Suspension of Fundamental Rights during the emergency
From CANADA • Scheme of federation with a strong centre
• Distribution of powers between centre and the states and placing. Residuary Powers with the centre
From IRELAND • Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President
In 42nd constitution amendement in 1976 three words are included ie socialist,secular and the integrity (by the recommandetion of suvarna singh commitie).
Till now in our constitution only one amendement is done that is 42nd amendement.
Fundamental rights included in article 12 to 35(part 3) , which includes various rights such as right to freedom ,right to equality,freedom of speech and expression .
But right to property excluded from the fundamental rights and now it is included in part 12 article 300(A)(I have not included each article because it will become very boring).
Freedom of religion ,right against exploitation.
Out of all articles in fundamental rights, right to constitutional remedies(article 32) was very important which says person whose fundamental rights was violated has rights to move to supreme court.
Fundamental duties were included in part 4 ,article 36 to 51. though it is judicialy not mandetary for government and people but it has ethical importance.(people can not approach court if anybody has violated its duties).
Verma commitie(1991) recommended certain provisions for implementation of fundamental duties.
Parliament has solo rights to create new state ,change name and boundary of any state according to article 2,3.
Amendements in constitution can be done under article 368(part 20),by 3 ways.
First by normal majority,second by special majority(by 2/3rd of majority),and third by special majority and approval from states(in case amendement in distribution of juditiary powers between center and states,about president election etc. can be done by approval from the states.
108-amendement –known as women reservation bill(mahila arakshan vidheyak)includes reservation of 1/3rd in state assembly and loksabha.passed in rajyasabha ,pending in loksabha.
110 amendement-allows 50% reservation in panchayats for women candidate.(bill is related to gamin vikas mantralaya and is sent to sumitra mahajan commitie(standing commitie ) for validation.
112-amendement related to reservation of 501% in urban local self government for women candidate(bill is sent to parliament standing commitie for urban development headed by sharad pawar)
114 amendement –related to judiciary in which provision for incrementing retirement age of judges from 62-65.
115 amendement-related to GST(goods and service tax).
116 amendement-related to lokpal(323-K) and lokayukta(323-D).
Local self government was first evolved in europian countries. Obviously in India it was the gift of britishers to us.
Lord rippon is known as father of local self government in india(1882)
After independence local self government was included in 7th schedule of Indian constitution.
2 October 1952 common development program was initiated ,which was particularly for development of rural areas ,which includes participation of rural peoples in development process,to develope leadership in rural people,to enchance people with political assistance .etc
Limitation of program is that it was fail to eshtablish peoples co-operation,it was fail to attract and enable to involve people.
To revise failure of this program BALVANTRAI MEHTA commitie was made in 1957,and the recommandetions of the commitie are the basis of local self government.
Commitie recommended 3 tier local self government i.e (zilha parishad>panchayat samitie>gampanchayat)
After that many more commities were made,ASHOKMEHTA COMMITIE(1977),J.V.K RAO commitie(1985),L.M SINGHVI commitie(1986).
L.M singhvi commitie’s recommandetions are important which stated as follows.
1) providing constitutional status to local self government
2)election of local self government should be done regularly,and significant provision should be included in constitution.
3)localm self government should be provided with income source,to make it self independent(atmanirbhar)
Rajiv Gandhi government had decided to give constitutional status to local self government in 1989 and introduced 64th amendement but it was not passed in rajyasabha(because they did not have majority in rajyasabha).
In 1989 v.p singh government come into power,they introduce bill in 1990,but thys lost power abd bill was not passed.
But in 1991 p.v. narsimharao government suceded and in 1992 73rd and 74th amendement regarding loacal self government was passed.(I am not including works of grampanchayat,panchayat samiti and zilla parishad as it is already covered in any standard book).
At presnt union list has 97 subjects,state list has 66 subjects,and concurrent list has 52 subjects.
________________________________________________________________________
Union legislature(article 52 to 78 related to union legislature) made up of rashtrapati,loksabha ,and rajyasabha(though rashtrapati is not the member of the any of the house)
President(rashtrapati)-(article 52)-related to rashtrapati.
President is indirectly elected by the people through the elected members of both the houses (loksabhaa and rajyasabha) and the state legislature (only vidhansabha).
Rashtrapati has appointment powers –which includes election of primeminister and its cabinet ,attorney general of india,judges of high court and supreme court,comproler and auditor general of india,governer of states,election commitioner,finance commistion,chief of all 3 forces(army,neavy,airforce),union and composite public commistion(not state public commistion ,it is elected by governer),SC/ST commistion,minority commistion etc.
Judicial powers-power to decide number of judges ,election of judges,take suggestion of supreme courtetc.
Financial power-election of finance commistion after 5 year,equal division of income tax between states etc.
Emergency powers-national emergency article 352,state emergency article 356(president rule),financial emergency article 360.
President has 3 types of veto powers-absolute,qualified,and pocket veto.
Also in case president can also has power for announcement of ordenence under article 123.
President can have pardoning powers under article 72(mafi ka adhikar).
Impeachment motion can be laid on president under article 61,to pass this motion 2/3 rd majority is needed.
Article 79 to 122 related to parliament(rajyasabha and loksabha).
Rajyasabha- total 250 out of which 238 represents state and UT’s and 12 nominated bt the president.
Powers of rajyasabha-for general bills (sarvasadharan vidheyak) approvement from rajyasabha is important.
For financial bill rajyasabha has no veto power ,it can only delay bill for 14 days only.
For amendement bill approval from rajyasabha is important,and also in 352,356,360 approval is needed.
Special powers-impeachment motion of vice president can be laid in rajyasabha only,it has power to make laws in state list,eshtablishment of any new national service(such as UPSC) motion can be first laid on rajyasabha only.
Loksabha –maximum 552,out of which 530 represents states,20 represents UT’s ,and 2 nominated by president(anglo Indian).
At present -545 total members ,out of which 53 for state and,13 forUT’s,and 2 for anglo – Indian.
_____________________________________________________________________
State legislature consist of governer,vidhansabha,and vidhanparishad(if any).
Out of 28 ,(29 of course after some time) states only 6 states have vidhanparishd,viz, J&K,U.P,BIHAR,MAHARSHTRA,KARNATAKA,ANDHRAPRADESH.
In TAMILNADU , DMK government have tried to pass bill in vidhanparishad(legislative assembly),but due to lower majority,bill was not passed.
But when AMMA(AIADMK chief jayalalita) came into power,they passed the bill,consequently parliament had also passed the bill in 2010,but suddenly in 2011,AIADMK government revoked the bill,and UPA government handed over the bill in 2012 to rajyasabha till now the bill is pending.
Vidhanparishad(legislative council)-upper house of the state legislature.
Part 6 ,article 168 to 212 is related to state legislature.
As like as rajyasabha it is never be adjourned,member strength minimum 40 to maximum of 1/3rd of the state vidhansabha(assembly) total strength.
Vidhansabha(assembly)-total strength according to population of the particular state minimum 60 to maximum 500.
Supreme court-eshtablished in 1950,formely known as federal court of india(1935).
Article 124 to 147, part 5 related to Indian juciciary.
Total no of judges in supreme court is 1(cji)+30 (other)=31.
Types of judges- acting chief justice,ad hoc judges,retired judges.
Other powers of supreme court- court can monitor the working of UPSC,any dispute between election of president and vice president etc.
Verdict of supreme court is mandetary for all courts in india. but it is not mandetary for itself,they have power to reinvestigate their own verdict.
Under article 143 president if necessary ,consult supreme court for their views.
High court- firstly started in Kolkata,Bombay,madras in 1862,today total no of high court is 24.
Article 214 to 231 ,part 6 is related to high court.
Powers nearly same as supreme court.
Now lok-adalat that is people’s court, concept is based on the ideologies of MAHATMA GANDHI JI.
It can handle civil cases,compoundable criminal cases,marriage cases,caeses related to land etc.
Both the parties can directly communicate with judges.
Case can be handed over to lok adalat only if both the parties were agree on it.
Basically the emphasise of court (lok adalat) is for compromise between both the parties.
Important point is that verdict of lok adalat is final,and mandetary for both the parties,after that no –one can appeale to the apex court or high court.
Under the article 39(a) ,and legal services authorities act 1987,lok adalat has been given an statutary status.
For the accountability of the judges ,gov. has passed judicial standards and accountability bill 2010.(apni accountability ke bare mein kabhi nahi sochte ye politicians..haha).
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
Name :Jagat .A.¬ Poriya
Reference :1) bharat ka samvidhan(hindi) by Anil kumar and dr. lakshmimal sindhvi
2) bhartiya samvidhan(Marathi )by Tukaram jadhav , Mahesh shirapurkar
Various Indian nationalist leaders have also play a crucial role in making Indian constitution(Gandhi,motilal Nehru & son jawaharlal Nehru).
But the main structure or (atma)of Indian constitution isgovernment of india act 1935.
In august mission 1940 britishers finally realise there should be constitutional commitie for making Indian constitution.
By the recomendation of cabinet mission constitution commitie(samvidhan sabha) was made.
Firstly interim chairman of samvidhan sabha was dr. sachhidanand sinha but later on dr.rajendra Prasad was made chairman.
Total of 22 commities main commitie was drafting commitie(7 member) headed by dr. B.R Ambedker.
After various debate and corrections (approx 7653 corrections ) it took 2.5 years to finalise constitution.
Finally in December 1949 indian constitution was made.
Indian constitution is the longest written constitution in the world ,reason is that the framers of the constitution borrowed provision from different sources.
Partly rigid and partly flexible(features are almost same in any standard book) means some parts are amended by ordinary process by parliament and some parts are amended by particular majority.
A democratic republic means (final power janta ke hath mein hai).
Parliamentary system of government means representative system of government and parliament iat the center of law making process(president sirf nam ke liye asli satta primeminister ke pass)
A federtation means powers are distributed between center and states (not equally).
Independent judiciary ,single citizenship,independent statutary bodies/commities,three tier system of government(73rd& 74th amendment).
Fundamental duties,fundamental rights,directive principles of state policy etc.
From U.K. • Nominal Head – President (like Queen)
• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lowe House
• Speaker in Lok Sabha
From U.S. • Written Constitution
• Executive head of state known as President and his being the Supreme Commander of the Armed Forces
• Vice- President as the ex-officio Chairman of Rajya Sabha
• Fundamental Rights
• Supreme Court
• Provision of States
• Independence of Judiciary and judicial review
• Preamble
• Removal of Supreme court and High court Judges
From USSR • Fundamental Duties
• Five year Plan
From AUSTRALIA • Concurrent list
• Language of the preamble
• Provision regarding trade, commerce and intercourse
From JAPAN • Law on which the Supreme Court function
From weimarconstitution of GERMANY • Suspension of Fundamental Rights during the emergency
From CANADA • Scheme of federation with a strong centre
• Distribution of powers between centre and the states and placing. Residuary Powers with the centre
From IRELAND • Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President
In 42nd constitution amendement in 1976 three words are included ie socialist,secular and the integrity (by the recommandetion of suvarna singh commitie).
Till now in our constitution only one amendement is done that is 42nd amendement.
Fundamental rights included in article 12 to 35(part 3) , which includes various rights such as right to freedom ,right to equality,freedom of speech and expression .
But right to property excluded from the fundamental rights and now it is included in part 12 article 300(A)(I have not included each article because it will become very boring).
Freedom of religion ,right against exploitation.
Out of all articles in fundamental rights, right to constitutional remedies(article 32) was very important which says person whose fundamental rights was violated has rights to move to supreme court.
Fundamental duties were included in part 4 ,article 36 to 51. though it is judicialy not mandetary for government and people but it has ethical importance.(people can not approach court if anybody has violated its duties).
Verma commitie(1991) recommended certain provisions for implementation of fundamental duties.
Parliament has solo rights to create new state ,change name and boundary of any state according to article 2,3.
Amendements in constitution can be done under article 368(part 20),by 3 ways.
First by normal majority,second by special majority(by 2/3rd of majority),and third by special majority and approval from states(in case amendement in distribution of juditiary powers between center and states,about president election etc. can be done by approval from the states.
108-amendement –known as women reservation bill(mahila arakshan vidheyak)includes reservation of 1/3rd in state assembly and loksabha.passed in rajyasabha ,pending in loksabha.
110 amendement-allows 50% reservation in panchayats for women candidate.(bill is related to gamin vikas mantralaya and is sent to sumitra mahajan commitie(standing commitie ) for validation.
112-amendement related to reservation of 501% in urban local self government for women candidate(bill is sent to parliament standing commitie for urban development headed by sharad pawar)
114 amendement –related to judiciary in which provision for incrementing retirement age of judges from 62-65.
115 amendement-related to GST(goods and service tax).
116 amendement-related to lokpal(323-K) and lokayukta(323-D).
Local self government was first evolved in europian countries. Obviously in India it was the gift of britishers to us.
Lord rippon is known as father of local self government in india(1882)
After independence local self government was included in 7th schedule of Indian constitution.
2 October 1952 common development program was initiated ,which was particularly for development of rural areas ,which includes participation of rural peoples in development process,to develope leadership in rural people,to enchance people with political assistance .etc
Limitation of program is that it was fail to eshtablish peoples co-operation,it was fail to attract and enable to involve people.
To revise failure of this program BALVANTRAI MEHTA commitie was made in 1957,and the recommandetions of the commitie are the basis of local self government.
Commitie recommended 3 tier local self government i.e (zilha parishad>panchayat samitie>gampanchayat)
After that many more commities were made,ASHOKMEHTA COMMITIE(1977),J.V.K RAO commitie(1985),L.M SINGHVI commitie(1986).
L.M singhvi commitie’s recommandetions are important which stated as follows.
1) providing constitutional status to local self government
2)election of local self government should be done regularly,and significant provision should be included in constitution.
3)localm self government should be provided with income source,to make it self independent(atmanirbhar)
Rajiv Gandhi government had decided to give constitutional status to local self government in 1989 and introduced 64th amendement but it was not passed in rajyasabha(because they did not have majority in rajyasabha).
In 1989 v.p singh government come into power,they introduce bill in 1990,but thys lost power abd bill was not passed.
But in 1991 p.v. narsimharao government suceded and in 1992 73rd and 74th amendement regarding loacal self government was passed.(I am not including works of grampanchayat,panchayat samiti and zilla parishad as it is already covered in any standard book).
At presnt union list has 97 subjects,state list has 66 subjects,and concurrent list has 52 subjects.
________________________________________________________________________
Union legislature(article 52 to 78 related to union legislature) made up of rashtrapati,loksabha ,and rajyasabha(though rashtrapati is not the member of the any of the house)
President(rashtrapati)-(article 52)-related to rashtrapati.
President is indirectly elected by the people through the elected members of both the houses (loksabhaa and rajyasabha) and the state legislature (only vidhansabha).
Rashtrapati has appointment powers –which includes election of primeminister and its cabinet ,attorney general of india,judges of high court and supreme court,comproler and auditor general of india,governer of states,election commitioner,finance commistion,chief of all 3 forces(army,neavy,airforce),union and composite public commistion(not state public commistion ,it is elected by governer),SC/ST commistion,minority commistion etc.
Judicial powers-power to decide number of judges ,election of judges,take suggestion of supreme courtetc.
Financial power-election of finance commistion after 5 year,equal division of income tax between states etc.
Emergency powers-national emergency article 352,state emergency article 356(president rule),financial emergency article 360.
President has 3 types of veto powers-absolute,qualified,and pocket veto.
Also in case president can also has power for announcement of ordenence under article 123.
President can have pardoning powers under article 72(mafi ka adhikar).
Impeachment motion can be laid on president under article 61,to pass this motion 2/3 rd majority is needed.
Article 79 to 122 related to parliament(rajyasabha and loksabha).
Rajyasabha- total 250 out of which 238 represents state and UT’s and 12 nominated bt the president.
Powers of rajyasabha-for general bills (sarvasadharan vidheyak) approvement from rajyasabha is important.
For financial bill rajyasabha has no veto power ,it can only delay bill for 14 days only.
For amendement bill approval from rajyasabha is important,and also in 352,356,360 approval is needed.
Special powers-impeachment motion of vice president can be laid in rajyasabha only,it has power to make laws in state list,eshtablishment of any new national service(such as UPSC) motion can be first laid on rajyasabha only.
Loksabha –maximum 552,out of which 530 represents states,20 represents UT’s ,and 2 nominated by president(anglo Indian).
At present -545 total members ,out of which 53 for state and,13 forUT’s,and 2 for anglo – Indian.
_____________________________________________________________________
State legislature consist of governer,vidhansabha,and vidhanparishad(if any).
Out of 28 ,(29 of course after some time) states only 6 states have vidhanparishd,viz, J&K,U.P,BIHAR,MAHARSHTRA,KARNATAKA,ANDHRAPRADESH.
In TAMILNADU , DMK government have tried to pass bill in vidhanparishad(legislative assembly),but due to lower majority,bill was not passed.
But when AMMA(AIADMK chief jayalalita) came into power,they passed the bill,consequently parliament had also passed the bill in 2010,but suddenly in 2011,AIADMK government revoked the bill,and UPA government handed over the bill in 2012 to rajyasabha till now the bill is pending.
Vidhanparishad(legislative council)-upper house of the state legislature.
Part 6 ,article 168 to 212 is related to state legislature.
As like as rajyasabha it is never be adjourned,member strength minimum 40 to maximum of 1/3rd of the state vidhansabha(assembly) total strength.
Vidhansabha(assembly)-total strength according to population of the particular state minimum 60 to maximum 500.
Supreme court-eshtablished in 1950,formely known as federal court of india(1935).
Article 124 to 147, part 5 related to Indian juciciary.
Total no of judges in supreme court is 1(cji)+30 (other)=31.
Types of judges- acting chief justice,ad hoc judges,retired judges.
Other powers of supreme court- court can monitor the working of UPSC,any dispute between election of president and vice president etc.
Verdict of supreme court is mandetary for all courts in india. but it is not mandetary for itself,they have power to reinvestigate their own verdict.
Under article 143 president if necessary ,consult supreme court for their views.
High court- firstly started in Kolkata,Bombay,madras in 1862,today total no of high court is 24.
Article 214 to 231 ,part 6 is related to high court.
Powers nearly same as supreme court.
Now lok-adalat that is people’s court, concept is based on the ideologies of MAHATMA GANDHI JI.
It can handle civil cases,compoundable criminal cases,marriage cases,caeses related to land etc.
Both the parties can directly communicate with judges.
Case can be handed over to lok adalat only if both the parties were agree on it.
Basically the emphasise of court (lok adalat) is for compromise between both the parties.
Important point is that verdict of lok adalat is final,and mandetary for both the parties,after that no –one can appeale to the apex court or high court.
Under the article 39(a) ,and legal services authorities act 1987,lok adalat has been given an statutary status.
For the accountability of the judges ,gov. has passed judicial standards and accountability bill 2010.(apni accountability ke bare mein kabhi nahi sochte ye politicians..haha).
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
Name :Jagat .A.¬ Poriya
Reference :1) bharat ka samvidhan(hindi) by Anil kumar and dr. lakshmimal sindhvi
2) bhartiya samvidhan(Marathi )by Tukaram jadhav , Mahesh shirapurkar
No comments:
Post a Comment