Types Of Government
Monarchy: It is the system of governance in which the government and the sovereignty is embodied in a single individual who is known as the monarch.
Monarchies are hereditary and the monarchies are of differentforms depending on the state of development of the society.
Absolute Or Autocracy: Where the monarch has absolute powers with no restraints on his power.
Constitutional Monarchy: Where the monarch is the constitutional head with no formal powers such as in U.K.
Demography: Where the power to elect the government is with the peopleof the country and they are free to decide the form and structure of government is called as democracy.
Oligarchy: Where the power is held by a small number of individuals.
Republican: Where the head of the state is elected is known as republican form of government.
The constitution of a country lays down the basic structure of the political system under which its people are to be governed. It establishes the main organs of the state-
The legislature, the executive and the judiciary.
It also defines their power, demarcates their responsibilities and regulates their relationship with each other and with the people
Framing of the Indian Constitution
After the end of the Second World War, British government announced its Indian Policy and decided to convene a constitutional drafting body. Three British cabinet ministers were sent to find a solution to the question of India’s independence. This team of ministers was called the Cabinet Mission. The Cabinet Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitutional drafting body.
Members of Cabinet Mission Plan:
iii. A.V. Alexander, the First Lord of the Admirality.
The present constitution was formed by the Constituent Assembly of India setup under Cabinet Mission Plan of May 16, 1946
Enactment of the Constitution
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.”
Main Features Of Constitution
IMPORTANT ARTICLES OF THE CONSTITUTION
Union and Its Territories (Article 1-4)
The Constitution empowers the Parliament to form new States and to alter the areas, boundaries or names of existing States.
Jammu and Kashmir has been given special status under Article 370.
Citizenship (Article 5-11)
Five modes to acquire the citizenship of India
Three modes of losing citizenship
Fundamental Rights (Article 12-35)
Equality before Law. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
* Article 21A states that the state shall provide free and compulsory education to all children of the age of 6-14 years.
Prohibition of trafficking in human beings and forced labour (Article 23). Prohibition of employment of children in factories, etc (Article 24).
Types of Writs
Writ Meaning Intended Purpose
|Habeas Corpus You may have the body To release a person who has been detainedunlawfully whether in person or in private custody|
|Mandamus We Command To secure the performance of public duties bylower court, tribunal or quasi-judicial authority.|
|Prohibition The act of stopping To prohibit an inferior court from continuing theproceedings in a particular case where it has nojurisdiction to try.|
|Certiorari To be Certified To quash the order already passed by an inferior court,tribunal or quasi judicial authority|
|Quo Warranto What is your right? To restrain a person from holding a public officeto which he is not entitled.|
Important Directive Principles of State Policy
|Article 38 To ensure a welfare state.|
|Article 39 Socialistic distribution of wealth and property.|
|Article 40 To organize village panchayats as units of self-government.|
|Article 41 Right to work, to education and to public assistance in certain cases.|
|Article 44 Uniform Civil Code for all citizens.|
|Article 45 Free, compulsory elementary education for all children till 14 years.|
|Article 47 Prohibition of intoxicating drinks and drugs|
Part IV A
It was inserted by the 42nd Amendment Act, 1976 on the recommendations of Swaran Singh Committee and was taken from the Constitution of the then USSR.
It shall be the duty of every citizen of India
The 86th Amendment Act, 2002 has inserted Article 51A (K), which asks each parent/guardian to provide opportunities for education to his child or ward between 6-14 years.
The Executive Head of the State and the first citizen of India.
The 42nd Amendment to the constitution has made it obligatory for the President to accept the advice of the Council of Ministers. However, the 44th Amendment Act· amended the word ‘obligatory’ and added that ‘President can send the advice for reconsideration’
Indirectly elected by an Electoral College consisting of elected members of both the Houses of the Parliament and elected members of the Legislative Assemblies of the States.
He is the formal head of the administration.
The President shall have the power to
He is the Supreme Commander of the Armed Forces. He nominates 12 members of special repute to the Rajya Sabha and 2 members of the Anglo-Indian community in the Lok Sabha.
The President in India has got a Limited Veto power.
Article 63 of the Constitution stipulates a Vice-President for India, to be elected by both the houses of Parliament. The Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha) as motioned in the Article 64.
Council of Ministers
The Prime Minister
The Union Legislature
Raiya Sabha (Council of States)
Lok Sabha (People’s House)
After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations. The Rajya Sabha is given 14 days to make recommendations, which can be accepted or rejected by the Lok Sabha. A Money Bill cannot be returned to the House by the President for reconsideration.
Speaker of the Lok Sabha
The Supreme Court
Judges’ Tenure and Qualifications
The Judges of the Supreme Court are appointed by the President and retire at the age of 65. The qualifications are
(a) must be a citizen of India
(b) Must have been a Judge of a High Court for at least 5 years/ an advocate of a High Court for at least 10 years
In case of any vacancy in the office of the CJI, the President appoints an Acting Chief Justice from amongst the Judges of the Court to function as the Chief Justice.
Comptroller and Auditor General (CAG)
Attorney General of India
The Governor is the Constitutional Head of the State and the same Governor can act as Governor of more than one State. The Governor is appointed by the President and holds office at the pleasure of the President.
Article 161 gives the Governor the power to grant pardon, reprieve and remission of punishment to persons convicted under the state law. Article 163 talks of discretionary powers of the Governor which is not even provided to the President.
The State Legislature
The Legislative Council consists of not more than 1/3rd the strength of the Legislative Assembly and not less than 40. The composition of the Council is as follows
(i) 1/3rd members are elected by the Legislative Assembly of the concerned state.
(ii) 1/3rd elected by local political bodies;
(iii) 1/12th elected by electorate consisting of graduates of 3 years standing and who are residents of the state;
(iv) 1/12th elected by persons engaged for 3 years in teaching;
(v) 1/6th nominated by the Governor.
Important Parliamentary Terms
Quorum: The minimum number of members required to transact the business of the House. The quorum of either House is 10% of its total strength.
Question Hour: The first hour of every sitting of Parliament is called the Question Hour. Questions usually require a 10-day notice before being answered by the minister concerned.
Zero Hour: The hour immediately after the Question Hour. The members can raise matters of national importance without prior notice.
Adjournment Motion: A motion to adjourn the proceedings of the House, to take up a matter of urgent public importance. It can be moved by any member but requires support of at least 50 members.
No Confidence Motion: A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers. It can be introduced in the Lok Sabha only. If such a motion is passed even against a single minister, the government must resign as a consequence.
Union Public Service Commission (UPSC)
National Development Council (NDC)
It is an extra constitutional and extra legal body.
Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by the President every 5 years. It consists of a Chairman and 4 other members.
The Finance Commission is required to make recommendation to the President of India on
|7th Schedule: Allocates powers between Union and States. It contains 3 lists· Union List (Exclusive powers of Central Government) : 97 Subjects· State List (Exclusive powers of State Governments) : 66 Subjects· Concurrent List (Both Union and States) : 47 Subjects|
|8th Schedule: Contains the list of 22 Official Languages in India.Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmirl, Manipuri, Malayalam, Konkani, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Santhali, Bodo, Maithili and Dogri|
|9th Schedule: Added by 1st Amendment Act in 1951. Contains Acts and Orders related to land tenure, land tax, railways, industries (Right to Property not a Fundamental Right now),|
|10th Schedule: Provisions for disqualification on grounds of defection.|
|11th Schedule: Contains provisions for Panchayati Raj.|
|12th Schedule: Provisions for Urban Local Bodies.|