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Making of Indian Constitution

 Important Constitutional Amendments

  1. 7th -
  2. 42nd -
  3. 44th -
  4. 73rd -
  5. 74th -
  6. 97th -
  7. 101st -
Factor have contributed Elephantine size of our Constitution.
  1. Geographical Factor
  2. Historical Factor
  3. Single constitution for both center and state.
  4. Dominance of legal luminaries in constituent assembly. 
Sources of Indian Constitution
  1. Government of India Act 1935
    • Federal Scheme
    • Judiciary
    • Governor
    • Emergency Power
    • Public Service Commission
    • Administrative details
  2. Irish Constitution
    • DPSP
    • Nomination of Member of Rajya Sabha
    • Method of election of President
  3. British Constitution
    • Parliamentary form of government
    • Rule of law
    • Legislative procedure
    • Single citizenship
    • Cabinet system
    • Prerogative writs
    • Parliamentary privileges and bicameralism
  4. US Constitution
    • Fundamental rights
    • Independence of Judiciary
    • Judicial review
    • Impeachment of President
    • Removal of SC and HC Judges
    • Post of Vice-President
  5. Canada
    • Federation with strong center
    • Residuary power in the center'
    • Appointment of State governors by the centers
    • Advisory jurisdiction of the SC
  6. Australian Constitution
    • Concurrent list
    • Freedom of trade
    • Commerce and inter-course
    • Joint sitting of two house of Parliament
  7. Germany
    • Suspension of Fundamental Rights during Emergency
  8. USSR 
    • Fundamental duties
    • Ideals of justice (Social, Economical and Political) in the Preamble
  9. France
    • Republic and Ideals of liberty
    • Equality and fraternity in the Preamble
  10. South African
    • Procedure of Amendment of Constitution
    • .Election of member of Rajya Sabha
  11. Japanese
    • Procedure establish by law
  12. Parliamentary Sovereignty - British
  13. Judicial Sovereignty - USA
 Amendment of Constitution (Article 368)
  1. Special Majority 
  2. Special Majority + Ratification of at least half of the total states.
  3. Simple Majority (Not come under Article 368)
Unitary features of Indian Constitution
  1. Strong center
  2. Single constitution
  3. Single Citizenship
  4. Flexibility of Constitution
  5. Integrated Judiciary
  6. Appointment of State governor by the center
  7. All India services
  8. Emergency provision
Why Indian constitution is termed as quasi-federal?
Quasi federalism - K.C. Wheare
Bargaining Federalism - Morris Jones
Co-operative Federalism - Granville Austin

Parliamentary form of Government
  1. Nominal and Real Executive
  2. Majority party rule
  3. Collective responsibility
  4. Membership of minister in Legislature
  5. Leadership of PM and CM
  6. Dissolution of lower house
Fundamental Rights (Part III)
  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 Constitutional Remedies (32)
Type of Writs
  1. Habeas Corpus
  2. Mandamus
  3. Certiorari
  4. Prohibition
  5. Quo Warranto
DPSP (Part IV)
  1. Socialistic
  2. Gandhian
  3. Liberal-Intellectual
  4. It promotes the ideal of Social and Economic democracy.
  5. Minerva Mill case (1980) - The Indian Constitution is found on the bedrock of the balance between the Fundamental Rights and Directive Principals.
Fundamental Duties (Part IV-A)
  1. Added during internal emergency (1975 - 1977) by the 42nd Constitutional Amendment Act.
  2. 86th Constitutional Amendment Act (2002) - Added one more fundamental duties.
Secular State
  1. Term Secular added in Preamble - 42nd Constitutional Amendment (1976).
  2. Following set of Articles reveal the secular character of Indian Constitution
    • Preamble
    • Article 14
    • Article 15
    • Article 16
    • Article 25
    • Article 26
    • Article 27
    • Article 28
    • Article 29
    • Article 30
    • Article 44
Universal Adult Franchise
  1. Age reduces 21 => 18 (61st Constitutional Amendment Act 1988) 
Constitutional Bodies
  1. Election Commission
  2. Comptroller and Auditor General of India
  3. UPSC
  4. SPSC
Emergency Provision
  1. National Emergency (Article 352)
  2. State Emergency (President Rule) 
    • Article 356 - Failure of constitutional machinery
    • Article 365 - Failure to Comply with the direction of the center.
  3. Financial Emergency (Article 365)
Three-tier Government
  1. 73rd Constitutional Amendment Act = Panchayati Raj = Added part IX and New Schedule 11
  2. 74th Constitutional Amendment Act = Municipalities = Part IX-A and New Schedule 12.
Co-operative Societies
  1. 97th Constitutional Amendment Act 2011.
  2. Article 19 - Right to form co-operative societies is a fundamental right.
  3. Article 43-B - DPSP on promotion of co-operative societies.
  4. Added new Part IX-B in the Constitution which is entitled as "The Co-operative societies." (Article 243-ZH to 243-ZT)
Preamble of the Constitution
  1. American constitution was first to begin with a Preamble.
  2. Preamble is based on objective resolution drafted and moved by the President.
  3. Amended by 42nd Constitutional Amendment Act 1976 - Added new word - Socialist, Secular and Republic.
  4.   


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