bhartiy samvidhan-pdf
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bhartiy samvidhan article
The Constitution of India is the world's longest written constitution of any democratic country. [4] It is now Article 465, and 12 is divided into 22 parts, and these schedules. But at the same time building the original Article 395 of the Constitution, which were divided into 22 parts, it was only 8 schedules. Parliamentary form of government in the provision of the Constitution which went some exceptions, federal structure. The constitutional head of central executive president is. According to Section 79 of the Constitution of India, the Central Parliament Council President and two Houses of the Council of States House and House of the People Parliament is known. Constitution Article 74 (1) in order to assist and advise him that the president went to have a cabinet whose major prime will President shall perform their functions in accordance with the advice of the Council of Ministers. The real executive power is vested in the Council of Ministers headed by the Prime Minister who is currently Minister are. [Vi]
Ministers collectively House of the People (Lok Sabha) is responsible. In each state legislature is. Jammu & Kashmir, Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana in the upper house, which is a council is called. The Governor is the head of state. Each state will have a governor and the state's executive power is vested in him. The Cabinet, whose chief minister , the governor gives advice on the performance of the executive functions. Ministers of state is collectively responsible to the Legislative Assembly of the State.
Seventh Schedule of the Constitution in the distribution of legislative powers between Parliament and State legislatures have been. Residuary powers are vested in Parliament. The centrally administered territories are called Union Territories.
History
Main article: History of the Constitution
World War II in July 1945 after the end of British India announced its new policy relates to the creation of the Constituent Assembly of India and the Cabinet Mission to India which 3 were ministers. After India's independence on 15 August 1947 Constituent Assembly was announced, and it began its work by December 9, 1946. Member of the Constituent Assembly of India, was elected by the elected members of state assemblies. Jawaharlal Nehru , Dr. BR Ambedkar , Dr. Rajendra Prasad , Sardar Vallabhbhai Patel , Maulana Abul Kalam Azad , and was a key member of this House. The Constituent Assembly 2 years, 11 months, 18 days in a 114 day meeting. Freedom of the press and the public to participate in the meetings said. Indian Constitution Dr. BR Ambedkar played an important role, so the 'manufacturer of the Constitution is called.
The structure of the Indian Constitution
At the present time (September 2012) of the Constitution the following parts: [6]
- A Preamble ,
- 448 streams containing 25 parts,
- 12 Schedules,
- 5 Attachment (appendices), and
- 100 amendments .
Schedules
First Schedule - (Articles 1 and 4) - States and Union Territories describe.
Second Schedule - [Article 59 (3), 65 (3), 75 (6), 97, 125 148 (3), 158 (3), 164 (5), 186 and 221] - the main bearers of the remuneration [7 ]
- Part A: The President and the Governor's remuneration,
- Part B: Parliament and Assembly Vice President and Rajya Sabha Chairman and the Deputy Chairman of the Legislative Council and the remuneration,
- Part C: remuneration of judges of the Supreme Court,
- Part D: The Comptroller and Auditor General of India Prikshkke remuneration.
Third Schedule - [Article 75 (4), 99, 124 (6), 148 (2), 164 (3), 188 and 219] - legislative members, ministers, president, vice president, judges to be sworn affirmation etc. the format given.
Fourth Schedule - [Article 4 (1), 80 (2)] - allocation of seats in the Upper House of the States and Union Territories.
Fifth Schedule - [Article 244 (1)] - Scheduled Areas and Scheduled tribes Provisions relating to the administration and control.
Sixth Schedule - [Article 244 (2), 275 (1)] - Assam, Meghalaya, Tripura and Mizoram in the provisions concerning the administration of the tribal areas.
Seventh Schedule - [Article 246] - subjects related to the distribution list -1 Union list, State list List-2, -3 concurrent list.
Eighth Schedule - [Article 344 (1), 351] - Languages - 22 languages mentioned.
Ninth Schedule - [Article 31 b] - a valid cause of Lands Acts of reform.
Tenth Schedule - [Article 102 (2), 191 (2)] - defection provisions and changes based on the
Schedule XI - Pnchayti Raj / Zilla Panchayat concerning the constitutional amendment 73 in the Schedule of the Constitution (1993) went by the couple.
Twelfth Schedule - Schedule it in the Constitution, the constitutional amendment 74 went by the couple.
Baseline characteristics
Constitution Drafting Committee and the Supreme Court of the Indian Constitution unitary constitution is considered, but the scholars differ. American scholars as "pseudo-federal-Constitution says that the eastern Snvidhanvetta US Constitution can not be the only federal constitution. Federal unitary constitution to be contained therein, depending on the symptoms, but the Supreme Court (P Knnadasn litigation) is considered by the full unitary.
According to the preamble of the Constitution a Samprubtasampnn , socialist , secular , democratic , republic is.
Samprubta
Samprubta word means supreme or independent. India completely free from any external and internal power control Samprubtasampnn Nations. It is governed by a free government directly elected by the people and the government ruled by law is the people.
Socialist
Main article: socialism
Socialist word 1 of 9 in 76 of the Constitution by the 42nd Amendment Act added to the preamble. It ensures social and economic equality for all citizens. Race, color, creed, gender, religion or language, all without any discrimination on the basis of equality of status and opportunity. Only a few people in the hand of government, and all citizens will prevent deposits will try to provide a decent standard of living.
India has adopted a mixed economic model. Government to achieve the goal of socialism, many laws, such as the abolition of untouchability, landlordism Act, the Equal Pay Act and the Child Labour Prohibition Act, etc. is made.
Secular
Main article: Secularism
Secular word 1 of 9 in 76 of the Constitution by the 42nd Amendment Act added to the preamble. The equality of all religions and religious tolerance is Sunischit. India does not have an official religion. It promotes neither a religion, nor is any discrimination. It respects all religions and similar treats. Every person has their preferences worship any religion, have the right to follow and propagate. All citizens, regardless of their religious affiliation, are equal in the eyes of law whatever. No religious instruction in public schools or government grant does not apply.
Democratic
Main article: Democracy
India is a free country, freedom to vote from any place in Parliament scheduled specific social groups and tribes that went reserved. For women candidates in local elections, a certain proportion of seats are reserved. To reserve a third of seats for women in all elections a bill is pending. However, how would Kriyannvyn, it is less certain. India's Election Commission is responsible for free and fair elections.
Republic
Main article: Republic
Monarchy, in which the head of state on hereditary basis for a lifetime is appointed or until abdication, unlike a republican head of state for a certain period, are directly or indirectly elected by the people. India 's president for a period of five years are chosen by an electoral college.
Power split
The most important characteristic of the Indian Constitution, the powers of the state are divided into the central and state governments. The other is not subject to the two existences, they arise from the Constitution and are governed.
Constitution Srwocta
The provisions of the Constitution, the Union and state governments are equally compelling. Central and state power are divided following the article:
- Article 54,55,73,162,241.
- -5 Part Supreme Court, High Court, the legal relationship between the state and the center.
- Any list under Article 7.
- The states represented in the Parliament.
- Amendment to Article 368 of the Constitution, the power to amend these Anuchcedo Parliament alone can not bring the consent of the states also needed.
No other article relating to the division of powers are:
- Written constitution in writing because it essentially requires a clear description of the division of powers. So the Union will be written in the constitution.
- This means the center in the hardness of the Constitution Amendment, will attend both.
- Nyayalyo Empowerment - This means that the center-state to explain the law will depend on a fair and independent power.
Established by law:
- The court will supervise the division of powers in the Union State.
- In India, it will be the ultimate interpretor of the Constitution Court of the Supreme Court's power.
These five conditions is essential for creating a unitary constitution. The five symptoms is present in India in the Constitution so that the unitary. But nothing in the Constitution is discriminatory features:
There is nothing in the constitution discriminatory features
- 1 It is not made by agreement among federal States
- 2 state can not have its own separate constitution, the Constitution only applies to both central and state
- In India, there are 3 duplex citizenship. Only Indian citizenship
- 4. The provisions of the Constitution of India is imposing emergency in [Article 352] for the implementation of state-center separation of powers will expire and he will become a unitary constitution. In this case, the center-states becomes fully sovereign
- 5 states the name of the field and boundary center can always change [without the consent of the States] [Article 3] Therefore, the state of the Indian Union are not an essential component. Central Union can Purnnirmit
- 6 in the 7th Schedule of the Constitution lists three federal , state , and concurrent . The distribution center is in favor of these topics.
- 6.1 The most important topics on the federal list
- 6.2 on the list, only Parliament has the right to
- 6.3 Purpose of the list are less important, 5 special circumstances can the legislation in Parliament on the list but no one in the circumstances, the legislation could not Skte- center
- 1 of Article 249, the Council passed a resolution giving it that is necessary for purposes of national interest [2/3 majority] for 1 year but it only applies to bonds
- 2 Article 250 of the applicable national emergency Parliament legislative authority on the subjects of the state list automatically gets
- 3 Article 252 of the two or more states, the state legislature passed a resolution giving authority to the House is [only on the states concerned]
- 4 Article 253 of the list --- international agreement subject to compliance with the Law on the Parliament building is
- 5 Article 356 of the state-in- the President's rule is applied, in which case the law may create the State Parliament
- 7 Article 155 - Appointment of governors in full center of the desire to have control over the central states, can
- 8 Article 360 - in case of financial emergency control center is also state finance. In this case, could direct the Centre to the states to spend money
- 9 administrative instructions [Article 256-257], the center of the communication states how states should be applied, can give instructions about, these instructions can be given at any time, the state is obliged to comply with them. If the state does not follow these instructions fail constitutional machinery in the state is estimated to be
- 10 Article 312 provides for the minister to appoint the All India Services, training, disciplinary fields completely: while the service center under the state governments of states have no control over these
- 11 unified judiciary
- Executive powers of the 12 states on the federal executive powers may not be effective.
Preamble to the Constitution
Main article: Preamble of the Indian Constitution
To reveal the objectives of the Constitution often a prologue is presented before them. Affected by the US Constitution and the preamble of the Constitution is considered the best in the world. The essence of the Indian Constitution preamble, expectations, goals and objectives of his philosophy appears. The preamble of the Constitution declares that receives its power directly from the public why it ' we the people of India " - begins with this sentence. Kehar Singh vs Union of India was said in the suit that the Constituent Assembly does not represent the people of India live so special Anukripa Constitution method can not obtain, but the court dismissed it, no question on which the Constitution is sacrosanct can be picked up.
Preamble to the Constitution:
- We the people of India, India concluded a complete dominance, socialist, secular, democratic republic and all of its citizens to make :
- Social, economic and political justice, thought, expression, belief, faith and worship, freedom, dignity and equality of opportunity to achieve and
- All of those who ensure the dignity of the individual and the unity and integrity of the nation to increase brotherhood
- Determined gathered today in the Constituent Assembly on November 26, 1949 E 0 (blended route Sapthami top Shukla, two thousand six Vikrami Samvat) hereby
- The constitution adopted, enacted and are Atmarpit.
Prastavn constitution by December 13, 1946, near the Jawaharlal Nehru called the preamble to Prastavn.
Constitution Part 3 & 4: Directive Principles
Main article: Directive Principles
Part 3 and 4 together, "the spirit of the Constitution and" consciousness is called the fundamental right of any independent state and Guidelines play an important role in building the country. Directive Principles of democratic constitutional development are the latest elements. First the Irish Constitution were applied. These elements have been developed with the development of the Constitution. The function of these elements is the establishment of a welfare state. This forms part of the Directive Principles of the Indian Constitution has certain fundamental rights and discrimination is mentioned in the Directive Principles and policy director has explained
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