Chapter 1 Constitutional Framework-1

CHAPTER 1 CONSTITUTIONAL FRAMEWORK
HISTORICAL BACKGROUND
The document containing laws and rules which determine and describe the form of the government, the relationship between
the citizens and the government, is called a Constitution.
At Bombay session of congress in 1927, Motilal Nehru moved a resolution to frame a separate Constitution for India.
A committee was set up in 1928 under the Chairmanship of Motilal Nehru to determine the principles of the Constitution of
India.
Report was submitted on August 10, 1928 and was called Nehru Report.
This was the 1st attempt by Indians to frame a full-fledged Constitution for India.
CONSTITUENT ASSEMBLY
The Constitution of India was framed by a Constituent Assembly.
Idea for a Constituent Assembly for drafting a constitution for
India was first put forward by M.N Roy (Communist leader).
In 1934, the demand for a constituent assembly was raised for
the first time, which was later became an Official Demand in
1935.
This demand was accepted in August offer (1940) by the British.
The constituent assembly was formed on the recommendation
of the Cabinet Mission (Lord Pethick Lawrence, Sir Stafford
Cripps and A V Alexander) which visited India in 1946
This Assembly was partly an indirectly elected and partly nominated body.
The members of the Constituent Assembly were indirectly elected by the members of the existing Provincial Assemblies. In
addition, there were members nominated by the rulers of the Princely States.
PRINCELY STATES
During the British Rule there were about 560 areas which were not directly under the control of the British. These were
Kingdoms or Riyasats under Indian rulers or Princes. These were called Princely States. Ex- Kashmir, Patiala, Hyderabad,
Mysore and Baroda .
It was consisted of 389 members (296 from British India & 93 from Princely States ) initially , but later reduced to 299 after the
partition of India.
The first meeting of Constituent Assembly was held on December 9, 1946 its interim (temporary) president
was Dr Sacchidanand Sinha(Oldest Member).
The second meeting was held on December 11, 1946 and Dr Rajendra Prasad was elected as the Chairman of constituent
assembly and H C Mukherjee as the Vice President of the constituent assembly .
Mahatma Gandhi & Md. Ali Jinnah were not the members of constituent assembly.
Muslim League did not participated in the meetings of constituent assembly.
The Objectives Resolution ( aim of the constitution to be prepared and what type of constitution India should have ) was
passed after 1 month discussion, under the chairmanship of J.L. Nehru on 13 December, 1946.
Preamble is the modified version of objective resolution. Preamble was enacted after the enactment of the Constitution.
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The Assembly worked with the help of a large number of committees and sub-committees (Total 22 committees).
Steering Committee chairman - K M Munshi

The Rules of procedure committee chairman - Dr Rajendra Prasad.
Provincial Constitution Committee chairman - Sardar Patel.
Committee of Fundamental Rights and Minorities head- SardarVallabhai Patel.
Committee on National Flag Dr.RajendraPrashad
DRAFTING COMMITTEE :
The most important committee was the Drafting Committee.
It was set up on 29 Aug, 1947 and Dr. B.R. Ambedkar (Father of Indian Constitution)was the Chairman of the
Drafting Committee.
The task of the Committee was to receive the reports of various committtees, analyse them and finally integrate
them in a single document called constitution.
Finally on 26 Nov, 1949 constitution of India was adopted and came into force on 26 Jan, 1950 and India became a sovereign
country.
Since then January 26, 1950 is celebrated as the Republic day and recently 26 Nov has been declared as constitution day.
Republic Nation means Head of the nation ( president in case of India) is elected.
In all it took 2 years 1 1 months and 18 days for the Constitution to get completed.
Constituent assembly adopted the
National Flag on July 22, 1947.
Constitution on November 26, 1949.
National Anthem on January 24, 1950.
National Song on January 24, 1950.
January 24, 1950 was the last session of the constituent assembly .
The Constituent Assembly continued as the provisional Parliament of India from January 26, 1950 to till the completionof first
ever general elections in India. (1951-52)
The provisions related to Citizenship, elections, provincial Parliament, temporary and transitional provisions weregiven
immediate effect. (November 26, 1949).
The rest of the Constitution came into force on January 26, 1950.
SALIENT FEATURES OF THE INDIAN CONSTITUTION

Indian Constitution is a written Constitution.
It is the largest Constitution.
It is a single Constitution for the entire country except for Jammu and Kashmir.
Indian constitution is both rigid and flexible.
Federal system
The word Federation is nowhere mentioned in the Constitution.
Though India is a federation it also has unitary features.
Parliamentary form of government.
Fundamental rights
Directive principles
Fundamental duties
Secular state (equal respect to all religions).
Universal adult franchise
Emergency provisions
3 tier government
FIRST CABINET OF FREE INDIA
PORTFOLIO NAME OF MINISTER

PM & External Affairs Jawaharlal Nehru
Dpty. PM SardarPatel
Home minister Sardar Patel
Defense Baldev Singh
Railway John Mathai
Finance R.K. Shanmukham Chetty
Industry Shyamaprasad Mukharji
Law Bhim Rao Ambedkar
Education Moulana Abul kalam Azad
Health Rajkumari Amrit Kaur
Communication Rafi Ahmed Kidwai
Labour Jagjivan Ram
Food & Agriculture Dr.Rajendra Prasad
SOURCES OF INDIAN CONSTITUTION
Govt. of India act, 1935 Declaration of emergency powers.

Ordinance defining the power of the President and Governors.
Office of the Governor.
Power of federal judiciary.
Administration at the Centre and state level
From U.K. Nominal Head - President (like Queen)

Cabinet System of Ministers
Post of PM
Parliamentary Type of Govt.
Bicameral Legislature
Lower House more powerful
Speaker in Lok Sabha
From U.S. Written Constitution
Executive head of state known as President
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 WEIMAR Suspension of Fundamental Rights during the emergency
CONSTITUION OF
GERMANY
From CANADA Scheme of federation with a strong centre
Distribution of powers between centre and the states and placing. Residuary Powers
with the centre.
Dual form of GST
From IRELAND Concept of Directive Principles of States Policy
Method of election of President
Nomination of members in the Rajya Sabha by the President.
SWEDEN Lokpal & Lokayuktas
PREAMBLE
Preamble is the introduction to the Constitution.

This is the modified version of the Objectives Resolution that was moved by Jawaharlal Nehru
The first country which has given a Preamble was America.
The date on which the Preamble is adopted is not the date on which constitution came into force. It is November 26, 1949.
Between 15 Aug 1947 to 26 Jan 1950 Indian was a Dominion state.
Preamble can be amended under Article 368 but it should not affect the basic structure.
So far Preamble has been amended only once in the year 1976 through 42 nd amendment.
The42nd amendment added 3 new words to the Preamble.
SOCIALIST
SECULAR
INTEGRITY
Preamble is non-justifiable in courts.
Preamble is an integral part of the Indian Constitution.
Preamble declares people of India as the source of the Constitution.
The Preamble declares India to be of a
Sovereign
Socialist
Democratic
Republic
The preamble specifies the objectives of the Constitution.
Justice
Liberty
Equality
Fraternity
SOVEREIGN:
This means that India has the power to legislate on any subject.
India is not subject to the control of any external authority.
India is neither dependency nor a dominion of any other nation but an independent state
SOCIALIST :
Socialism involves the nationalisation of all means of production and distribution and the abolition of private property.
Socialism also means elimination of inequalities in income and status and standard of living.
Indian socialism is a democratic socialism
Democratic socialism, on the other hand, holds faith in a mixed economy where both public and private sectors co-exist
side by side.
SECULAR:
This means that the state has no official religion.
All religions in the country have the same status and support (under Articles 25 to 28).
DEMOCRATIC:
(Demos = People; Kratia = Rule)
Democracy means rule by the people.
The people of the country elect their own representatives.
Democracy is of two types 1) Direct Democracy eg. Gram Panchayats in India & Switzerland
2) Indirect or representative Democracy
Indian constitution provides for representative parliamentary type Democracy .
JUSTICE:
All citizens have the right to participate in the political process.
SOCIAL JUSTICE : All citizens are treated equally irrespective of their status(Article 38)
ECONOMIC JUSTICE: Rich and poor are treated alike.(Article 39)
POLITICAL JUSTICE:All citizens have the right to participate in the political process (Articles 325 and 326)
LIBERTY :
It is the Liberty of though, expression, belief, faith and worship.
Article 19 guarantees the freedom of speech, expression etc.
EQUALITY :
All citizens are equal before the law and enjoy equal protection of the law of the land.
Equality before law borrowed from UK
Equal protection of Laws borrowed from the USA.
Article 14 TO 18 of the Indian Constitution talks about right to equality .
FRATERNITY :
This means promoting brotherhood among all the citizens.
Single citizenship, Fundamental Rights , Fundamental Duties & Directive principles promotes fraternity.
REPUBLIC:
A democratic polity can be classified into two categoriesmonarchy and republic.
In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position.eg, Britain.
In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, eg, USA
UNION & ITSTERRITORIES
The Union and its territory are mentioned under Part I of the Indian Constitution.
The words Union of states is preferred over the Federation of States.
The parliament may by law is empowered to
Form a new state
Increase or diminish the area of any state
Alter the boundaries and name of any state
The Constitution empowered the Parliament to reorganize the boundaries of the states by a simple majority.
Prior recommendation of the President is required for introduction of a bill for formation of new states under Article 3.
In the year 1950 the states United Provinces was renamed Uttar Pradesh.
In the year 1992 the Union territory of Delhi was re-designated as the National Capital Territory of Delhi.
No state in India could secede from the Union.
The Hyderabad state was integrated through Police action.
Junagarh was integrated through referendum.
Kashmir was integrated through Instrument of Accession.
CITIZENSHIP
The Citizenship provisions are covered under articles 5 to 1 1 of the Indian Constitution under Part 2 of the constitution.
The concept of Citizenship came into existence since the adoption of the Constitution on November 26, 1949.
The Constitution of India has not provided for the mode of acquisition and termination of citizenship.
The Parliament passed the Citizenship Act, 1955 for acquisition and termination of the Citizenship.
As per Article 1 1 of the Indian Constitution the parliament could regulate the right of citizenship by law.
The Citizenship Act, 1955 has been amended in 1986, 1992, 2003 and 2005.
The term Domicile is not defined in the Indian Constitution.
WHO ARE THE CITIZENS OF INDIA?

Persons domiciled in India
Persons migrated from Pakistan
Persons migrated to Pakistan but later returned to India
Persons of Indian origin residing outside India
THE CITIZENSHIP CAN BE ACQUIRED BY 5 WAYS.

By Birth
By Descent
By Registration
By Naturalization
By incorporating a territory
THE CITIZENSHIP CAN BE TERMINATED IN 3 METHODS.

Renunciation
Termination
Deprivation
FUNDAMENTAL RIGHTS
The Fundamental Rights are the basic rights of the citizens of our country.
These are enshrined in Part III of the Indian Constitution under Articles 12 to 35.
These were borrowed from the US constitution (Bill of Rights).
These rights are also called as the Magna Carta of India.
The fundamental rights are justifiable.
In the original Constitution 7 Fundamental Rights were mentioned.
1. Right to Equality (14-18)
2. Right to Freedom (19-22)
3. Right Against Exploitation (23-24)
4. Right to Freedom of Religion (25-28)
5. Cultural and Educational Rights (29-30)
6. Right to property (31) (Deleted through the 44th amendment)
7. Right to Constitutional Remedies (32).
In the year 1978, through 44th amendment act Right to property was deleted from the list of Fundamental Rights.
Now it is a legal right under Article 300 A in part XII of the constitution.
The numbers of Fundamental Rights are 6 in the present day Constitution.
FEATURES OF FUNDAMENTAL RIGHTS

The state can impose restrictions (decided by courts) on Fundamental rights. (They are not absolute but qualified).
These rights are available not only to citizens but also to corporations & companies and certain rights are provided to
foreigners also.
Fundamental Rights not available to foreigners are mention under Article - 15, 16 ,19, 29 & 30.
Aim- To promote the ideal of Political Democracy, avoid dictatorship and protect liberty & freedom of people
i.e.establishing a government of laws & not of men.
Any person could directly go to Supreme court or High court if his fundamental rights are violated.
The fundamental rights can be amended, but only by a constitutional
amendment act and not by an ordinary act, without affecting the SATUTARY & NON STATUTARY BODY
basic structure of constitution.
They can be suspended during the operation of a National Emergency Statutory body is an organisation of
except therights guaranteed by Articles 20 and 21. government which is not mentioned in
Article 19 can be suspended only when emergency is declared on the Constitution of India but it gets its powers,
grounds of war or external aggression ( External emergency) and not service rules, authority by an act of
on grounds of armed rebellion ( Internal emergency). parliament or state legislatures.
Fundamental Rights of the members of armed forces, para-military Non Statutory bodiesare formed by
forces, police forces and intelligence agencies can be restricted or executive resolution or court decisions,
abrogated by the Parliament. which means that they are formed by
governments action only.
ARTICLE 12 : Explains the state. The state includes
The government and the parliament of India
The government and the state legislature
All local authorities (municipalities, Panchayat Raj, District boards, etc)
Other statutory and non statutory authorities (LIC, ONGC etc).
ARTICLE 13:
This article implicitally provides for the doctrine of judicial review .
.
JUDICIAL REVIEW
Borrowed from American Consstitution.

Note: The words Judicial Review are not mentioned in the Constitution.
This power is conferred to SC (Article 32) and High Courts (Article 226) that can declare a law unconstitutional
and invalid on the grounds of contravention of any of the Fundamental Rights.
RIGHT TO EQUALITY (14-18)
ARTICLE 14:Equality before law and equal protection of laws.
Equality before law: The absence of any special privileges in favor of any person
Note: Equality before law is taken from the British Constitution.
Equal Protection of Laws: The equality of treatment under equal circumstances.
Note: This is taken from the US Constitution.
ARTICLE 15:
Prohibition of discrimination on the grounds only of religion, race, caste, sex, or place of birth. (Access to various
places).
Exceptions:
Special provisions for children and W omen
Scheduled castes
Scheduled Tribes
ARTICLE 16:
Equality of opportunity in matters of Public employment.
Provisions for the reservation of backward class of citizens.
ARTICLE 17:
Abolition of un-touch-ability and prohibition of its practice.
The term untouchability has not been defined either in the
Constitution or in the Act.
Renamed as Civil Rights Act, 1955.
ARTICLE 18:
Abolition of titles except military and academic
RIGHT TO FREEDOM (19-22):
ARTICLE 19: Protection of 6 rights.

1. Right to freedom of speech and expression (orally, writing,
printing, picture, or in any other manner).
2. Right to assemble peacefully and without arms.
3. Right to form associations.
4. Right to move freely throughout the territory of India.
5. Right to reside and settle in any part of the territory of India.
6. Right to practice any profession or to carry on any occupation, trade or business.
ARTICLE 20:Protection against arbitrary & excessive punishment to an accused person.

Punishment for only violation of law.
No Punishment for same offence more than once.
ARTICLE 21:
Protection of life and personal liberty except in accordance with the procedures established in law.
ARTICLE 21 A:
Right to free and compulsory education for all the children.
This was present in Article 45 of the constitution.through 86th amendment in 2002 it was made a
fundamental right. This came into force on April 1, 2010.
ARTICLE 22:
Protection against arrest and detention in certain cases.
Under preventive detention: grounds of detention should be communicated, provided an opportunity
to make representation.
RIGHT AGAINST EXPLOIT A TION (23-24):
ARTICLE 23:Prohibition of trafficing of human beings and forced labour .

ARTICLE 24:Prohibition of employment of children in factories.
RIGHT TO FREEDOM OF RELIGION (25-28):
ARTICLE 25:
The right to freely profess, practice and propagate any religion.
Propagation does not include forced conversions.
ARTICLE 26: Freedom to Manage Religious Affair
ARTICLE 27:
Freedom for Taxation for promotion of a religion
No person shall be compelled to pay taxes for the promotion and maintenance of any religion
ARTICLE 28:
Freedom from attending religious instruction.
No religious instruction shall be provided in any educational institute wholly maintained out of state funds.
Religious instructions permitted if it is established by trust.
No compulsion for attending any religious worship that may be conducted in any institution of the state.
CULTURAL AND EDUCA TIONAL RIGHTS (29-30)
ARTICLE 29: grants protection to both religious and linguistic minorities.

ARTICLE 30:Right of Minorities to Establish and administer Educational Institutions:
RIGHT TO CONSTITUTIONAL REMEDIES (32):

According to Dr.B.R AmbedkarArticle 32 is the heart and soul of the Indian Constitution.
Supreme court is the guaranter and defender of fundamental rights.
We have the right to move to Supreme Court under Article 32 & High Court under Article 226 in case of violation of F.R.
Under Article 359 the right to move to Supreme Court can be suspended during a nationalemergency .
Usually a person approaches a District Court (lower court) through a petition &only after the verdict of lower court he can
appeal in High Court and then to Supreme Court, but in case of violation of Fundamental Rights, a person can directly go to
either Supreme Court or High Court.(Higher Courts).
Whenever we go to High court or Supreme Court in case of violation of F.R, the court will issue something called writs.
WRIT is a written document or a notice issued by higher courts to the concerned person or concerned office or authority for
the violation of Fundamental Rights. The court will issue any one of these five writs , depending on situation. During the
time the concerned person or authority must come to court and have to give an explanation.
Thus, in absence of this article we dont have a mechanism to fight for our Fundamental Rights.
The Supreme Court and High Courts issues five kinds of writs. These are :
WRITS PROVIDED UNDER ARTICLE 32
1. HABEAS CORPUS: (TO PRODUCE THE BODY )
All the writs are issued against the State (described in Article 12 ) but it can be issued against a private person as
well
It is an order issued by the court to a person (X) who has detained another person (Y).
Detaining can be by a private person (Kidnapping or illegal confinement) or Public authority (eg. Detention by
Police in the name of interrogation & not producing the person before court within 24 hours ) illegally is
violation of his fundamental rights.
So ,if any of his relative or friend appeals in court then court will issue a Notice (Habeas corpus) to authority to
produce the body of the person (Y) before the court within 24 hours.
2. MANDAMUS: (T O COMMAND):
Issued to a public official (govt. officer), asking him to perform his official duties that he has failed or refused
to perform.
This cannot be issued against President or Governor or CJ of a HC or against any private person.
3. PROHIBITION: (TO FORBID):

Each court has its jurisdiction (area under its working), like supreme courts jurisdiction is in all over India, High
court have its jurisdiction within state & similar for lower courts.
In case any court is proceeding with a case, not under its jurisdiction then a notice (Prohiibition) is issued by
higher court to lower court to stop its proceedings immediately.
4. CERTIORARI (TO BE CERTIFIED OR TO BE INFORMED):

Some times a lower court have given its judgement or verdict for a case or area which is not under its
jurisdiction, then higher court issues a notice (Certiorari) to a lower court or tribunal either to transfer the case
pending with it to other court or to nullify the order of the lower court.
Supreme Court can issue Prohibition & Certiorari even to a High Court.
Prohibition is for stopping & Certiorari is for nullification.
5. QUO WARRANTO ( BY WHAT AUTHORITY ) :

It is issued by the court to enquire into the legality of claim of a person to a public office.
It cannot be issued in cases of ministerial office or private office.
Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved
person.
ARTICLE 33:
The Parliament is empowered to abrogate the fundamental rights of the members of armed forces,
Paramilitary forces, police forces, intelligence agencies and other related agencies.
The law made by the Parliament under Article 33 cannot be challenged in the court of law.
ARTICLE 34:
This provides for the restriction of the fundamental rights while martial law is in force in any area within the
territory of the country .
ARTICLE 35:
The Parliament makes laws to give effect to certain specified fundamental rights shall vest only in
Parliament and not in the state legislature.
The Parliament can empower the lower courts (Other than Supreme Court and High Courts) to issue directions,
orders and writs of all kinds for the enforcement of the fundamental rights.
MISCELLANEOUS:
The concept of Martial Law has been borrowed from the English Common Law .
The words Martial law is not defined in the Constitution. The literal meaning is military rule.
Martial law is imposed to restore the breakdown of law and order due to any reason.
The concept of Equality before law is taken from UK.
The concept of Equal Protection of Laws has been taken from USA.
The term untouchability is not defined in the constitution.
The term minority is not described in the constitution.
The writs were borrowed from English law.
DIRECTIVE PRINCIPLES (PART IV , Articles 36-51)

These are the recommendations to the state(Article 21) in Legislative, Executive and Administrative matters.
The idea of the principles is to realize the high ideals of Justice, liberty, equality and Fraternity as outlined in the Preamble.
Directive Principles were borrowed from the Irish Constitution.
In GOI (Government of India) 1935 Act Instruments of Instructions enumerated and in the Indian Constitution they are
called Directive Principles of State Policy .
DPSP embody the concept of a welfare state.
Directive Principles of State Policy are non-justifiable in nature. (They are not legally enforceable by the courts for their
violation).
ARTICLE 37: The Directive Principles are fundamentals in the governance of the country.
ARTICLE 38: Is the key stone or the core of the Directive principles.
ARTICLE 39: The Right to adequate means of livelihood for all citizens, equal Pay for equal work for both men and women.
ARTICLE 40: To organize Village Panchayats.
ARTICLE 42: The provision for just and humane conditions of work and maternity leave.
ARTICLE 44: Uniform Civil Code for the whole country .
ARTICLE 45: Provision for early childhood care and education to children below the age of 6 years. 86th Amendment of 2002
changed the subject matter of Article 45 and also made elementary education
a fundamental right under Article 21 A.(This came intoeffect on April 1,2010).With this the Children between
the age group of 6 and 14 are entitled for free education.
ARTICLE 47: To prohibit the consumption of intoxicating drinks and drugs.
ARTICLE 48: Organization of agriculture and animal husbandry and prohibition of cow slaughter.
ARTICLE 50: Separation of Judiciary from Executive.
B.N Rau (Constitutional advisor) recommended that the rights to be divided into justifiable and non-justifiable.
Accordingly Part III and Part IV came into the picture.
in case of any conflict between Fundamental Rights and DPSP , the Fundamental rights would prevail.
In Minerva Mills (1980) case the status of Directive Principles of State Policy was made subordinate to the Fundamental
rights.
FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES

1. These are negative as they prohibit the State from doing 1. These are positive as they require the State to do certain
certain things. things.
2. These are justiciable, that is, they are legally enforceable 2. These are non-justiciable, that is, they are not legally
by the courts in case of their violation. enforceable by the courts for their violation.
3. They aim at establishing political democracy in the 3. They aim at establishing social and economic democracy
country. in the country.
4. These have legal sanctions. These have moral and political sanctions.
5. They promote the welfare of the individual. Hence, they 5. They promote the welfare of the community. Hence, they
are personal and individualistic. are societarian andsocialistic.
6. They do not require any legislation fortheir 6. They require legislation for their implementation. They
implementation. They areautomatically enforced. are not automaticallyenforced.
7. The courts are bound to declare a lawviolative of any of 7. The courts cannot declare a law violative of any of the
the FundamentalRights as unconstitutional and invalid. Directive Principles asunconstitutional and invalid. However,
they can uphold the validity of a law on theground that it was
enacted to give effect to a directive.
FUNDAMENT AL DUTIIES(Part IV A, Article 51 A)

These were added on the recommendation of Swarn Singh Committee (1976).
This committee recommended for the inclusion of 8 fundamental duties, the amendment (42 nd ) included 10
fundamental duties.
The Fundamental Duties are borrowed from erstwhile USSR.
The 10 Fundamental Duties were added to the Constitution in the year 1976 through 42 nd amendment.
The 11th Fundamental Duty was added in the year 2002 through the 86 th amendment of the Indian Constitution.
Fundamental Duties are confined to citizens only and do not extend to foreigners.
Like the Directive Principles, the fundamental duties are also non-justiciable.
But Parliament is free to enforce them by suitable legislation.
Casting vote, paying taxes & family planning are not included in fundamental duties.
SOME IMP DUTIES

To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem.
To uphold and protect the sovereignty , unity and integrity of India.
To defend the country and render national service when called upon so.
To safeguard public property and abjure violence.
TYPES OF MAJORITY
ABSOLUTE MAJORITY- Half of total members +1
1.Used during general election, for the formation of government at Centre and States.
SIMPLE MAJORITY (members of the house present & voting) +1
1. To pass Ordinary/Money/Financial bills.
2. To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
3. For the removal of Vice President majority.
4. To declare financial emergency.
5. To declare state emergency (Presidents rule).
6. Election of Speaker/Deputy Speaker of LokSabha and State legislatures.
7. Constitution Amendment Bill under Article 368 which needs to be ratified by states(does not require prior permission of the
president.)
SPECIAL MAJORITY ( Half of total members +1 )& (2/3 members of the house present & voting )
1. To pass a constitutional amendment bill which does not affect federalism.
2. Removal of judges of SC/HC.
3. Removal of CEC/CAG.
4. Approval of national emergency requires special majority as per Article 368 in both houses.
5. Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169)

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CHAPTER 1 CONSTITUTIONAL FRAMEWORK

Steering Committee chairman - K M Munshi

SALIENT FEATURES OF THE INDIAN CONSTITUTION

FIRST CABINET OF FREE INDIA

PORTFOLIO NAME OF MINISTER

SOURCES OF INDIAN CONSTITUTION

Govt. of India act, 1935 Declaration of emergency powers.

From U.K. Nominal Head - President (like Queen)

Preamble is the introduction to the Constitution.

WHO ARE THE CITIZENS OF INDIA?

THE CITIZENSHIP CAN BE ACQUIRED BY 5 WAYS.

THE CITIZENSHIP CAN BE TERMINATED IN 3 METHODS.

FEATURES OF FUNDAMENTAL RIGHTS

Borrowed from American Consstitution.

RIGHT TO FREEDOM (19-22):

ARTICLE 19: Protection of 6 rights.

ARTICLE 20:Protection against arbitrary & excessive punishment to an accused person.

RIGHT AGAINST EXPLOIT A TION (23-24):

ARTICLE 23:Prohibition of trafficing of human beings and forced labour .

RIGHT TO FREEDOM OF RELIGION (25-28):

ARTICLE 26: Freedom to Manage Religious Affair

CULTURAL AND EDUCA TIONAL RIGHTS (29-30)

ARTICLE 29: grants protection to both religious and linguistic minorities.

RIGHT TO CONSTITUTIONAL REMEDIES (32):

3. PROHIBITION: (TO FORBID):

4. CERTIORARI (TO BE CERTIFIED OR TO BE INFORMED):

5. QUO WARRANTO ( BY WHAT AUTHORITY ) :

DIRECTIVE PRINCIPLES (PART IV , Articles 36-51)

FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES

FUNDAMENT AL DUTIIES(Part IV A, Article 51 A)

SOME IMP DUTIES

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