Indian Constitution and Governance

 

UNDER CONSTRUCTION

“If the Indian Constitution is our heritage bequeathed to us by our founding fathers, no less are we, the people of India, the trustees and custodians of the values which pulsate within its provisions! A constitution is not a parchment of paper, it is a way of life and has to be lived up to. Eternal vigilance is the price of liberty and in the final analysis, its only keepers are the people. Imbecility of men, history teaches us, always invites the impudence of power. ”[ Extract from Justice H.R. Khanna, Making of India’s Constitution]

In Jagdish Saran and Ors. v. Union of India (1980) 2 SCR 831 , it is stated:

“Law, constitutional law, is not an omnipotent abstraction or distant idealization but a principled, yet pragmatic, value-laden and result-oriented, set of propositions applicable  and conditioned by a concrete stage of social development of the nation and aspirational imperatives of the people.

 

PREAMBLE

Part I – The Union and its Territory

Part II – Citizenship

Part III – Fundamental Rights

Part IV – Directive Principles of State Policy

Part IVA – Fundamental Duties

Part V – The Union

Part VI – The States

Part VII – The states in part B of the First Schedule

Part VIII – The Union Territories

Part IX – The Panchayats

Part IXA – The Municipalities

Part IXB – The Cooperative Societies

Part X – The Scheduled and Tribal Areas

Part XI – Relations between the Union and the States

Part XII – Finance, Property, Contracts and Suits

Part XIII – Trade, Commerce and Intercourse within the territory of India

Part XIV – Services under the Union and the States

Part XIVA – Tribunals

Part XV – Elections

Part XVI – Special Provisions Relating to Certain Classes

Part XVII – Official Language

Part XVIII – Emergency Provisions

Part XIX – Miscellaneous

Part XX – Amendment of the Constitution

Part XXI – Temporary, Transitional and Special Provisions

Part XXII – Short Title, Commencement, Authoritative Text in Hindi and

FIRST SCHEDULE -SECOND SCHEDULE-THIRD SCHEDULE-FORTH SCHEDULE-FIFTH SCHEDULE-SIXTH SCHEDULE-SEVENTH SCHEDULE-EIGHTH SCHEDULE-NINTH SCHEDULE-TENTH SCHEDULE-ELEVENTH SCHEDULE-TWELFTH SCHEDULE

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CONSTITUTION ASSEMBLY DEBATE

Constitutional Law in India

Constitutional Remedies 

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 

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PART III FUNDAMENTAL RIGHTS

In ‘Human Rights and Indian Values’ Justice M. Rama Jois noticed the Ancient Indian Texts in the following words:

SAMANI PRAPA SAHA VONNBHAGA

SAMANE YOKTRAY SAHA WO YUNISM

ARAH NABHIMIV ABHITE:

“All have equal rights in articles of food and water. The yoke of the chariot of life is placed equally on the shoulder of all. All should live gether with armony supporting one another like the spokes of a wheel of the chariot connecting its rim and the hub. (Atharvanaveda-Samjnana Sukta)”.

Thus, the right equality of all human beings has been declared in the Vedas, which are regarded as inviolable. In order emphasize the dignity of the individual, it was said that all are brothers as all are the children of God. No one is inferior or superior. Similarly the Atharvanaveda stressed that all have equal right over natural resources and all were equally important like spokes in a wheel. Both the Rigveda and Atharvanaveda declared that co-operation between individuals in necessary for happiness and progress. It is also of utmost importance note that right equality and made a part of “Dharma” long before the State came be established.

It is equally interesting   refer the contents of Articles 1 and 7 of the Universal Declaration of Human Rights (1948), which read:

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act wards one another in a spirit of brotherhood.”

“All are equal before law and are entitled without any discrimination equal protection of the law. All are entitled equal protection against any discrimination in violation of this Declaration and against any incitement such discrimination”.

This declaration is similar   the declaration of equality made in the Rigveda.

After the establishment of the State, the obligation protect the right equality was cast on the Rulers. It was made a part of the Rules of Raja Dharma, the Constitution Law.

YATHA SWARIN BHUTANI DHARA DHARYATE SAMAM

TATHA SWARIN BHUTANI BIBHARTE PARTHIVM VARTAM

“Just as the mother earth gives equal support all the living beings, a kind should give support all without any discrimination” (Many IX 31).

This also meant that the kings were required afford equal treatment all the citizens in the same manner in which a mother treats all her children.”

• The term ‘life’ used in Article 21 of the Constitution of India has a wide and far reaching concept. It includes livelihood and so many other facets thereof. “Life”, as observed by Field, J. in Munn v. Illinois (1877) 94 US 113 means something more than mere animal existence and the inhibition against the deprivation of life extends all those limits and faculties by which life is enjoyed. (See Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni and Ors. –   (1983) I LLJ 1SC and Olga Tellis and Others v. Bombay Municipal Corporation and Ors. – AIR 1986 SC 180 ).

In Nadkarni’s case (supra), this Court was dealing with the right of workman.

Expansion of the right life and personal liberty under Article 21 of the Constitution has been made by implicating:

(i) Right travel – Maneka Gandhi v. Union of India (1978) 2 SCR 621 ; Satwant Singh v. A.P.O., New Delhi (1967) 3 SCR 525 .

(ii) Right privacy – Kharak Singh v. State of U.P., 1963 CriLJ 329 ; Sharda v. Dharampal (2003) 3 SCR 106 .

(iii) Right speedy trial – Common Cause, a Registered Society v. Union of India 1997 CriLJ 195 .

(iv) Right   prisoners interview – Prabha Dutt v. Union of India, 1982 CriLJ 148 .

(v) Right a fair trial – Police Commissioner, Delhi v. Registrar, Delhi High Court 1997 CriLJ 90 .

(vi) Right against rture and cusdial violence – D.K. Basu v. State of West Bengal 1997 CriLJ 743 .

(vii) Right free legal aid – State of Maharashtra v. M.P. Vashi   AIR 1996 SC 1 .

(viii) Right primary education – Unnikrishnan v. State of A.P.   (1993) 1 SCR 594 ; T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481a .

(ix) Right health and medical care – CERC v. Union of India   (1995) II LLJ 768SC ; State of Punjab v. M.S. Chawla (AIR (1997) SCC 125)

(x) Right pollution-free environment – M.C. Mehta v. Union of India   (1986) 1 SCR 312 .

(xi) Right Safe drinking water – APPCB v. M.V. Naidu AIR 1999 SC 822

(xii) Sexual harassment of working women – Visakha v. State of Rajasthan AIR 1997 SC 3011 ; AEPC v. A.K. Chopra (1999) I LLJ 962SC .

(xiii) Right a quality life (SIC) Lal Tiwari v. Kamala Devi and Ors.   AIR 2001 SC 3215 .

(xiv) Right Family Pension – S.K. Mastan Bee v. General Manager South Central Railway (2003) I LLJ 561SC .

• It is also well-settled that interpretation of the Constitution of India or statutes would change from time time. Being a living organ, it is ongoing and with the passage of time, law must change. New rights may have be found out within the constitutional scheme. Horizons of constitutional law are expanding. The necessity take recourse such interpretative changes has recently found favour with a Division Bench of this Court in The State of Maharashtra v. Dr. Praful B. Desai 2003 CriLJ 2033 :

“13. One needs set out the approach which a court must adopt in deciding such questions. It must be remembered that the first duty of the court is   do justice. As has been held by this Court in the case of Sri Krishna Gobe v. State of Maharashtra 1973 CriLJ 235 courts must endeavour find the truth. It has been held that there would be failure of justice not only by an unjust conviction but also by acquittal of the guilty for unjustified failure produce available evidence. Of course the rights of the accused have be kept in mind and safeguarded, but they should not be over emphasized the extent of forgetting that the victims also have rights.

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THE UNION

CHAPTER I.THE EXECUTIVE
The President and Vice-President

1. The President of India.
2. Executive power of the Union.
3. Election of President.
4. Manner of election of President.
5. Term of office of President.
6. Eligibility for re-election.
7. Qualifications for election as President.
8. Conditions of President’s office.
9. Oath or affirmation by the President.
10. Procedure for impeachment of the President.
11. Time of holding election to fill vacancy in the office of President and the term of office of person
    elected to fill casual vacancy.
12. The Vice-President of India.
13. The Vice-President to be ex officio Chairman of the Council of States.
14. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
15. Election of Vice-President.
16. Term of office of Vice-President.
17. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.
18. Oath or affirmation by the Vice-President.
19. Discharge of President’s functions in other contingencies.
20. Matters relating to, or connected with, the election of a President or Vice-President.
21. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
22. Extent of executive power of the Union.
    Council of Ministers
23. Council of Ministers to aid and advise President.
24. Other provisions as to Ministers.
    The Attorney-General for India
25. Attorney-General for India.
    Conduct of Government Business
26. Conduct of business of the Government of India.
27. Duties of Prime Minister as respects the furnishing of information to the President, etc.

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Officers of Parliament

1. The Chairman and Deputy Chairman of the Council of States.
2. Vacation and resignation of, and removal from, the office of Deputy Chairman.
3. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
4. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
5. The Speaker and Deputy Speaker of the House of the People .
6. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
7. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
8. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
9. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
10. Secretariat of Parliament.

Conduct of Business

1. Oath or affirmation by members.
2. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members

1. Vacation of seats.
2. Disqualifications for membership.
3. Decision on questions as to disqualifications of members.
4. Penalty for sitting and voting before making oath or affirmation under article
   99 or when not qualified or when disqualified.
   Powers, Privileges and Immunities of Parliament and its Members
5. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.
6. Salaries and allowances of members.
   Legislative Procedure
7. Provisions as to introduction and passing of Bills.
8. Joint sitting of both Houses in certain cases.
9. Special procedure in respect of Money Bills.
10. Definition of “Money Bills”.
11. Assent to Bills.

Procedure in Financial Matters

1. Annual financial statement.
2. Procedure in Parliament with respect to estimates.
3. Appropriation Bills.
4. Supplementary, additional or excess grants.
5. Votes on account, votes of credit and exceptional grants.
6. Special provisions as to financial Bills.

Procedure Generally

1. Rules of procedure.
2. Regulation by law of procedure in Parliament in relation to financial business.
3. Language to be used in Parliament.
4. Restriction on discussion in Parliament.
5. Courts not to inquire into proceedings of Parliament.

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CAPTER IV. THE UNION JUDICIARY

 

 

PART VI
THE STATES
CHAPTER I. GENERAL
152. Definition.
CHAPTER II. THE EXECUTIVE
The Governor
153. Governors of States.
154. Executive power of State.
155. Appointment of Governor.
156. Term of office of Governor.
157. Qualifications for appointment as Governor.
158. Conditions of Governor’s office
159. Oath or affirmation by the Governor.
160. Discharge of the functions of the Governor in certain contingencies.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.
162. Extent of executive power of State.
Council of Ministers
163. Council of Ministers to aid and advise Governor.
164. Other provisions as to Ministers.
The Advocate-General for the State
165. Advocate-General for the State.
Conduct of Government Business
166. Conduct of business of the Government of a State.
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

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CHAPTER III.THE STATE LEGISLATURE
General
168. Constitution of Legislatures in States.
169. Abolition or creation of Legislative Councils in States.
170. Composition of the Legislative Assemblies.
171. Composition of the Legislative Councils.
172. Duration of State Legislatures.
173. Qualification for membership of the State Legislature.
174. Sessions of the State Legislature, prorogation and dissolution.
175. Right of Governor to address and send messages to the House or Houses.
176. Special address by the Governor.
177. Rights of Ministers and Advocate-General as respects the Houses.

Officers of the State Legislature

1. The Speaker and Deputy Speaker of the Legislative Assembly.
2. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
3. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
4. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
5. The Chairman and Deputy Chairman of the Legislative Council.
6. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
7. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
8. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
9. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
10. Secretariat of State Legislature.
    Conduct of Business
11. Oath or affirmation by members.
12. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
    Disqualifications of Members
13. Vacation of seats.
14. Disqualifications for membership.
15. Decision on questions as to disqualifications of members.
16. Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
    Powers, privileges and immunities of State Legislatures and their Members
17. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
18. Salaries and allowances of members.
    Legislative Procedure
19. Provisions as to introduction and passing of Bills.
20. Restriction on powers of Legislative Council as to Bills other than Money Bills.
21. Special procedure in respect of Money Bills.
22. Definition of “Money Bills”.
23. Assent to Bills.
24. Bills reserved for consideration.

Procedure in Financial Matters

1. Annual financial statement.
2. Procedure in Legislature with respect to estimates.
3. Appropriation Bills.
4. Supplementary, additional or excess grants.
5. Votes on account, votes of credit and exceptional grants.
6. Special provisions as to financial Bills.
   Procedure Generally
7. Rules of procedure.
8. Regulation by law of procedure in the Legislature of the State in relation to financial business.
9. Language to be used in the Legislature.
10. Restriction on discussion in the Legislature.
11. Courts not to inquire into proceedings of the Legislature.

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CHAPTER V.-THE HIGH COURTS IN THE STATES

CHAPTER VI SUBORDINATE COURTS

 

 

 323A. Administrative Tribunals.
323B. Tribunals for other matters.

 

 

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SCHEDULES

FIRST SCHEDULE 

 I. —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.

THIRD  SCHEDULE— Forms of Oaths or Affirmations.

FOURTH  SCHEDULE—Allocation of seats in the Council of States.

FIFTH SCHEDULE— Provisions as to the Administration and Control of Scheduled  Areas and Scheduled Tribes

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.

EIGHTH SCHEDULE— Languages.

NINTH SCHEDULE—Validation of certain Acts and Regulations.

TENTH SCHEDULE— Provisions as to disqualification on ground of defection.

ELEVENTH SCHEDULE— Powers, authority and responsibilities of Panchayats.

TWELFTH SCHEDULE— Powers, authority and responsibilities of Municipalities, etc.

Index   

 

APPENDIX   I—The Constitution (Application to Jammu and Kashmir) Order, 1954.

APPENDIX II— Re-statement, with reference to the present text of the Constitution, of the exceptions and modifications subject to which the Constitution applies to the State of Jammu and Kashmir.

APPENDIX  III—Extracts from the Constitution (Forty-fourth Amendment) Act, 1978

APPENDIX  IV— The Constitution (Eighty-eighth Amendment) Act, 2003.

APPENDIX V- Constitutional orders

1. Constitution (Distribution of Revenues) No. 10 Order, 2009
2.  Constitution (Distribution of Revenues) No. 4 Order, 2009
3.  Constitution (Distribution of Revenues) No. 6 Order, 2009
4.  Constitution (Distribution of Revenues) No. 7 Order, 2009
5.  Constitution (Distribution of Revenues) No. 8 Order, 2009
6.  Constitution (Distribution of Revenues) No. 9 Order, 2009
7.  Constitution (Scheduled Tribes) Order (Amendment) Act, 2013
8.  Constitution of India, 1950
9.  National Commission For The Scheduled Tribes (Specification Of Other Functions) Rules, 2005
10.  Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003
11.  The Constitution (Scheduled Castes) Order (Amendment) Act, 2016
12.  Uttaranchal (Alteration of Name) Adaptation of Laws on Union Subjects Order, 2007

Historic Documents

EMERGENCY LEGISLATION CONTINUANCE ACT 1915

GOVT OF INDIA 1919 ACT

GOVERNMENT OF INDIA ACT 1935

INDIAN INDEPENDENCE ACT 1947

 Constitution of the Nations

CONSTITUTION OF AMERICA

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

CONSTITUTION OF FRANCE

CONSTITUTION OF GERMANY

CONSTITUTION OF THE NATIONS

 

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