भारतीय संविधान भाग 2: नागरिकता और सामाजिक न्याय की दिशा भारत का संविधान, दुनिया के सबसे विस्तृत और समावेशी संविधानों में से एक है, जो न केवल राज्य की संरचना और प्रशासन के ढांचे को निर्धारित करता है, बल्कि नागरिकों के अधिकारों और कर्तव्यों को भी स्पष्ट रूप से परिभाषित करता है। भारतीय संविधान का भाग 2 भारतीय नागरिकता से संबंधित है, जो एक लोकतांत्रिक राष्ट्र के मूलभूत ताने-बाने को आकार देने में महत्वपूर्ण भूमिका निभाता है। नागरिकता की परिभाषा और महत्व संविधान का भाग 2 भारतीय नागरिकता को परिभाषित करता है, यह स्पष्ट करता है कि एक व्यक्ति को भारतीय नागरिकता कब और कैसे प्राप्त होती है, और किन परिस्थितियों में यह समाप्त हो सकती है। नागरिकता, किसी भी देश में व्यक्ति और राज्य के बीच एक संप्रभु संबंध को स्थापित करती है। यह एक व्यक्ति को अपने अधिकारों का दावा करने का अधिकार देती है और साथ ही राज्य के प्रति उसकी जिम्मेदारियों को भी स्पष्ट करती है। भारतीय संविधान में नागरिकता की प्राप्ति के विभिन्न आधार हैं, जैसे जन्म, वंश, और पंजीकरण के माध्यम से। यह सुनिश्चित करता है कि कोई भी व्यक्ति, जो भारत...
CHAPTER-1 : CONSTITUTION: WHY & HOW
1. What is Constitution? Explain the functions of a Constitution.
Constitution is the basic laws of a state. It consists of the basic principles and laws of a state that determines the powers and functions of the government. Followings are the major functions of the Constitution:
It provides a set of basic laws that coordinate the people of a given society.
It specifies which institution has the power to make laws and take decisions.
It limits the powers of the government and protects citizen’s rights.
It enables the government to fulfill the aspiration and goal of society.
It expresses the fundamental identity of a people.
2. Describe about the Constituent Assembly of India.
The Constitution of India was drafted by the Constituent Assembly. Its first session was held on 9 December 1946 at Delhi. Dr. Rajendra Prasad was the President of the Constituent Assembly. Jawaharlal Nehru introduced ‘Objective Resolution’ in the Constituent Assembly which defined the aims of the Constituent Assembly. The total membership of the Constituent Assembly after the partition was 299. It had eight major committees on different subjects. Each Committee drafted particular provisions of the Constitution. These were presented in the Constituent Assembly for discussion. In 1949 Nov. 26, the Constitution of India was adopted by the Constituent Assembly. It came into force on 26 January 1950.
3. Explain about the major items of Objective Resolution.
Jawaharlal Nehru introduced ‘Objective Resolution’ in the Constituent Assembly on 13 December, 1946. It defined the aims of Constituent Assembly and also expressed the aspirations and values behind the Constitution. Major contents of ‘Objective Resolution’ are as follows
India is a Sovereign, Democratic, Republic.
India shall be a Union of States
All the authority and powers of India shall flow from the people
Ensures socio-economic justice for all.
Ensure the protection of minorities and other backward classes.
Maintain unity of our nation.
Ensure world peace and welfare
4. What is meant by Authority of a Constitution? Explain the factors determining the authority of Indian constitution.
Authority of a constitution means acceptance on the part of the people to abide and obey the Constitution. Following are the factors that determining the authority of Indian constitution.
Principle of Deliberation- There was a detailed discussion and debates on each and every subject in the Constituent Assembly before added them to the provision of the Constitution.
Procedure- Each Committee in the Constituent Assembly drafted particular provisions of the Constitution. These were presented in the Constituent Assembly for discussion. Each decision was taken either on the basis of consensus or voting.
Inheritance of the Nationalist Movement- The ideals of the national movement such as sovereignty, democracy, equality, liberty etc. were the basis of our Constitution.
Institutional arrangement- In our Constitution, there is separation of powers between Legislature, Executive and Judiciary. Besides, there is a clear demarcation between the powers of Centre and states.
5. What are the borrowed provisions in Indian Constitution?
British Constitution- Parliamentary System, Rule of Law, Role of Speaker, Law Making Procedure.
American Constitution- Preamble, Fundamental Rights, Judicial Review, Independent Judiciary.
Canadian Constitution- Quasi-Federal Form of Government, Idea of Residual Powers
French Constitution- Liberty, Equality and Fraternity
Irish Constitution- Directive Principles of State Policy
Russian Constitution (USSR)- Fundamental Duties
Objective type questions
1. Who was the President of the Constituent Assembly? Dr. Rajendra Prasad
2. Who introduced ‘Objective Resolution’ in the Constituent Assembly? Jawaharlal Nehru (13 december 1946).
3. Who was the Chairman of Drafting Committee? Dr. B.R Ambedkar
4. Who is known as the Architecture of Indian Constitution? Dr. B.R Ambedkar
5. When did the Constitution of India adopted by the Constituent Assembly? 1949 November 26
6. When did the Constitution of India came into force? 1950 January 26.
7.How many days the Constituent Assembly met? 166 days.
10.When was the first session of Constituent Assembly held? 9 December 1946
11.How much time was teken in the completion of constitution? 2 years 11 months and 18 days.
12.Who said that there can be no state without a constitution? Helpline.
13.On the recommendation of which plan was the constituent assembly set up? Cabinet Mission Plan (1946).
14.Which Party boycotted the Constituent Assembly?Muslim League.
15.By which amendment the words Secular & Socialist are added in the preamble of Indian Constitution? 42nd
16.How many articles and schedules were there in original constitution? 395 and 8.
17.How many members were there in Constituent Assembly?389.
18.What was the number of members in Constituent Assembly after partition? 299.
19.How many schedules are there in Indian Constitution presently? 12.
20.The "Principles of Liberty Equality and Fraternity" is borrowed from which constitution? French Constitution.
CHAPTER – III : ELECTION AND REPRESENTATION
1. What is election? What are the different methods of election?
In modern democracy people choose their representatives for governing the country. The method followed to choose these representatives is called election. There are different methods of elections. Among these most important are the First Past The Post System and the Proportional Representation
a. First Past The Post System (FPTP) or Simple Majority System- In this system the entire country is divided into a number of small constituencies. Voters in the constituency casts their vote to the candidates. Candidate who gets highest votes from the constituency gets elected. In this method the winning candidate need not secure a majority of the votes. This method is also called the Plurality System. In India simple majority system followed in the elections of Lok Sabha, state Legislative Assemblies and Panchayats. For example, in Lok Sabha election the entire country is divided into 543 Parliamentary constituencies. Each constituency elects one representative.
b. Proportional Representation- In Proportional Representation the country is divided Large geographical areas even the entire country may be a single constituency. More than one representatives elect from a single constituency. Votes are casted for the party not for candidates. After the election, each party gets seats in the legislature in accordance with the proportion of their voting strength. In Proportional Representation the representation of various classes of people can be ensured. It is the best method for ensuring sufficient representation of minorities. In India Proportional Representation system used for the election of President, Vice President and for the election to the Rajya Sabha.
2. Difference between First Past The Post System (FPTP) and Proportional Representation (PR)
In the FPTP System the country is divided into number of small constituencies. But in Proportional Representation large geographical areas are demarcated as constituencies.
In the FPTP System the voters vote for a candidate while in Proportional Representation the voters vote for the party. So each party prepares a list of candidates for each constituency.
In the FPTP System every constituency elects one representative. But in Proportional Representation more than one representatives are elected from a single constituency.
In the FPTP System candidate who gets highest votes only elected to the legislature. But in Proportional Representation even small party’s representatives get seats in the legislature.
In the FPTP System a party may get more seats in the legislature than the proportion of its votes. But in Proportional Representation every party gets seats in proportion to their voting percentage.
3. What is meant by Universal Adult Franchise?
Universal Adult Franchise means right to vote to all adult citizens regardless of their, religion, caste, income, gender, social status, race etc. Article 326 of the Indian constitution says about universal adult franchise.
4. Why did India adopt the First Past The Post System (FPTP) or Simple Majority System?
It is a simple electoral system. Hence ordinary people can easily understand it.
India is a large country. So it is very difficult to represent each and every group in the legislature through proportional representation.
In this system voters can choice their favorable candidate.
In FPTP representatives are more responsible to the people in a constituency.
This system coordinates different sections and groups in the society.
FPTP provide a stable government.
5. Explain the functions of Election Commission.
Article 324 of the Indian Constitution deals with the Election Commission of India. It is an autonomous body. Election Commission is a multi-member body consists of Chief Election Commissioner and 2 other Election Commissioners. The members of the commission are appointed by the President of India. The term of the Election Commissioner is 6 years or up to the age of 65. However, they can be removed from the office by the President of India for proved misbehavior or incapacity if both Houses of Parliament make such a recommendation with a special majority.
Functions of Election Commission in India.
Conduct free and fair elections to Parliament and State Legislatures
To give approval to political party and provide symbol.
Prepare electoral rolls for the elections.
Notify the date and schedule of election
Prepare code of conduct for political parties at the time of elections.
Settle election disputes.
Counting the vote and announcement of result.
6. Explain the major suggestions for Electoral Reforms in India.
Election must be changed from First Past The Post System to proportional representation.
Sufficient representation should be given to women.
Election expenses should be paid from the special fund of the government.
Money and muscle power should be controlled.
Caste and religious forces should not be allowed to influence election.
Criminals should not be allowed to contest in elections.
Certain number of votes and seats should be secured for the recognition of national or state party.
Objective type questions
1. Who was the first Election Commissioner of India? – Sukumar Sen
2. Who was the first woman Election Commissioner of India? – V.S. Ramadevi
3. First Past The Post System is also known as- Simple Majority System (SMS).
4. Which amendment of the Indian Constitution reduced the voting age from 21 to 18? 61st amendment (1989)
5. Who decides the redrawing the boundaries of the various Assembly and Lok Sabha constituencies? Delimitation Commission of India
6. Which article of the Indian Constitution deals with the Election Commission? Article 324
7. Who appoints the Chief Election Commissioner of India? President
8. The practice of redrawing the electoral districts by a party in power in its electoral prospects is known as – Gerrymandering
9. Who conduct election to the local bodies (Panchayats and Municipalities)? State Election Commission.
10.Granting voting rights to all adult citizens without discrimination is? Universal Adult Franchise.
11.How many seats are reserved for SC/ST in Lok Sabha? 84/47.
*CHAPTER – IV : EXECUTIVE*
*1. Explain the Powers and Functions of the President of India.*
In India President is the formal head of the state. All the executive power of the Union government formally vested with him. He exercises these powers through the Council of Ministers headed by the Prime Minister. The term of the President is 5 years. Minimum age to contest in presidential election is 35 years. The president is elected by Electoral College. It consists of all the elected members of both the houses Parliament and State Legislative Assemblies. The President can be removed from office through the process impeachment.
*Power and Function of Indian President* - The President has wide ranging executive, legislative, judicial and emergency powers. These include All executive actions of the government of India are formally taken in his name.
He has the right to be informed of all important matters discussed in the Council of Ministers.
Every bill passed by the Parliament should be signed by the President to becomes a law.
He has the power to withhold or refuse a Bills other than Money Bill.
He has the power to announce ordinance under Article 123 (valid for maximum 6 months)
The President appoints Prime Minister and Council of Ministers, Judges of Supreme Court and High Court, State Governors, Finance Commissioner, UPSC members, Election Commissioners etc.
President has the power to give pardon to the prisoner.
President has the power to declare emergency
*2. What is meant by ‘Pocket Veto’?*
The President can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament. However, there is no mention in the Constitution about the time limit within which the President has to give his assent. So, the President can keep the bill pending with him without any time limit. This is referred as ‘Pocket Veto’.
*3. Explain the powers and functions of the Vice President*
. Article 63 deals with Vice President of Indian constitution. The vice president is elected by Electoral College consists of the Members of Lok Sabha and Rajya Sabha. Minimum age to contest in the vice presidential election is 35 years. The term of Vice President is 5 years. But the parliament can remove the Vice President from the office in the case of the violation of constitution.
*Following are the powers and functions of Vice-President.*
He is the ex-official chairman of Rajya Sabha. He presides over the sittings of the Rajya Sabha.
He can act as president when a vacancy occurs in the office of president (Maximum six months)
*4. Explain the powers and functions of the Prime Minister.*
The President appoints the leader of the majority party or coalition of parties in Lok Sabha as Prime minister. The Prime Minister is the real executive. He is the head of the government. The President exercises his powers only on the advice of the Council of Ministers.
*The powers and functions of the Prime Minister are as follows.*
Prime Minister is the chairman of the cabinet. He has the power to aid and advise the President.
He has the power to distributes the portfolio of the ministers.
Prime Minister decide the cabinet meeting.
He acts as mediator between President and Council of ministers.
He acts as mediator between the President and the Parliament.
Prime Minister decides the policies and programmes of the government.
*5. Explain the role of Permanent Executive (Civil service) in modern period.*
The officials who assists the political executives in their policy making and carries out the policies of the government is known as permanent executive or bureaucracy. To underline the difference between this machinery and the military service, it is described as civil service. They are recruited on the basis of merit for a long period (until the age of retirement). These trained and skilled civil servants assisting the ministers in formulating policies and implementing these policies. The welfare policies of the government can be reach the people through the civil servants.
*6. Explain the structure of Civil Service in India.*
*All India Service* - All India Services are common to both Central and State governments. They are elected through the civil service exam conducted by Union Public Service Commission (UPSC).
Indian Administrative Service (IAS), Indian Police Service (IPS) etc. are the examples of All India Services
*Central Service-* The Central Services works under the exclusive jurisdiction of the Central government.
*State service* - The administration of the State is looked after by officers appointed through the State Public Service Commissions.The state government determines the service conditions of them.
Objective Questions
1.The institution responsible for implementation of law and policies of the government is...? Executive.
2.The body responsible for the day-to-day administration is called the……? Permanent Executive or Bureaucracy.
3.Who is the ex-officio Chairman of Rajya Sabha? Vice-President.
4.The President can be removed from office only by Parliament by……? Impeachment.
5.The President of India can just keep the bill pending with him without any time limit, In this situation which type of veto power used by the President? Pocket Veto.
6.Who are the part of electoral collage of election of the President of India? Elected member of the both the House of parliament and State Legislative Assembly.
7.The Constitution of india vests the executive power of the Union formally in the…….? President.
8.If no political party or coalition received a majority in the general election then how does the President appoint the Prime Minister? By his own discretion.
9.Who allocates ranks and portfolio's to the ministers? Prime Minister.
10.Who is collectively responsible to the Lok Sabha? Council of Minister
11.What is the total strength of the Council of Minister? 15% of total number of Lok Sabha.
CHAPTER-V : LEGISLATURE
*1. Explain the powers and functions of the Parliament?*
Indian legislature is known as Parliament. It is a bicameral legislature consists of Rajya Sabha (also known as Council of States) and Lok Sabha (also known as House of People).
*Following are the powers of the parliament*
*Legislative Function-* The Parliament enacts laws on subjects included in the union list and concurrent list.
*Control of Executive* - Parliament control the executive through question hour, zero hour etc.
*Financial Function-* No tax can be imposed by the executive without the approval of the Parliament.
*Approval of emergencies:* It approves the emergencies proclaimed by the President.
*Representation* : Parliament represents the divergent groups from different parts of the country.
*Debating Function:* Members of the Parliament are free to speak on any matter without fear.
*Constituent Function:* The Parliament has the power to amend the constitution.
*Electoral functions:* Its members are participated in the election of the President and Vice President.
*Judicial functions:* It has the power to remove the President, Vice-President and Judges of the Supreme Court and High Courts etc.
*2. Explain the special powers of Lok Sabha*
Lok Sabha is the lower house of the parliament. Its members are directly elected by the people. The present strength of the Lok Sabha is 545. The term of Lok Sabha is 5 years.
*Followings are the powers and functions of Lok Sabha*
Money bill can be introduced only in Lok Sabha.
It approves proposals for taxation, budgets and annual financial statements.
Lok sabha can pass no confidence motion against the Council of Ministers.
*3. Explain the special powers of Rajya Sabha*.
Rajya Sabha (Council of states) is the upper house of the Parliament.
The Rajya Sabha represents the States of India. It is an indirectly elected body. The elected members of State Legislative Assembly elect the members of the Rajya Sabha. Each state has given representation according to their population. The term of the Rajya Sabha member is six years. However, it is a permanent house in which one third retire every two years. The maximum strength of the Rajya Sabha is 250 including 12 nominated members. The President of India nominate 12 members to the Rajya Sabha.
It can alone initiate the procedure for removal of Vice President.
It has the power to authorize the parliament to make laws on matters included in the State list.
Any matter that affects the States must be referred to it for its consent and approval.
It has the power to authorize the parliament to create new All India Services.
*4. How does the Parliament make laws?*
*Followings are the different stages of ordinary law making in India.*
*a. First reading (Introduction of bill)-* A bill is a draft of the proposed law. An ordinary bill can introduce in either house of the Parliament. Usually a bill is introduced by a minister of the concerned ministry.
*b. Second reading-* this stage consist of three more stages
*General discussion-* General discussion on the principles and provisions of the bill.
*Committee stage-* The Bill refer to the select committee (consist of the members of the where the bill is originated) or joint committee (consist of the members of both houses). A large part of the discussion on the bills takes place in the committees. It can amend the provisions of the bill.
*Consideration stage-* The house after receiving the bill from the committee considering the provisions of the bill clause by clause. The members can also move amendments.
*c. Third reading-* A debate is confined to the acceptance or rejection of bill. If the majority of the members present and voting accept the bill is regarded as passed. Then the bill sent to other house.
*d. Bill in other house-* If a Bill is passed by one House, it is sent to the second House where it goes through exactly the same procedure. If the bill passes the second house, the bill is deemed to have been passed by both the houses. In case of deadlock the president can summon Joint session of both houses. If the majority of members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by both the houses.
*e. Assent of the President* -When a bill is passed by both Houses, it is sent to the President for his assent. If the president gives his assent the bill become a law.
*5. How does the parliament control the executive?*
In India the executive is drawn from the party or coalition of parties that has majority in Lok Sabha. Hence, Parliament can effectively control the executive and ensure a more responsive government.
*Followings are the major instruments of parliamentary control on the executive.*
*a. Deliberation and discussion:* During the law making process, members of the legislature get an opportunity to deliberate on the policy direction of the executive. Besides, control may also be exercised during the general discussions in the House.
*Question hour-* The first hour of every parliamentary sitting is slotted for Question Hour. During the Question Hour, the members ask questions and the ministers usually give answers.
*Zero Hour-* The zero hour starts immediately after the question hour. In zero hour, members are free to raise any matter that they think is important (though the ministers are not bound to reply).
*Half-an-hour discussion* - It is meant for discussing a matters of public importance. The speaker can allot three days in a week for such discussion.
*Adjournment motion-* It aims to draw attention of the house to a definite matter of urgent public importance. It needs the support of 50 members to be admitted.
*b. Approval and ratification of laws:* A bill can become a law only with the approval of the Parliament.
*c. Financial control:* Preparation and presentation of budget for the approval of the Lok Sabha is constitutional obligation of the government. Before granting money, the Lok Sabha can discuss the reasons for which the government requires money.
*d. No-Confidence Motion-* The Lok Sabha has the power to remove the ministry from office by passing a no-confidence motion.
Objective type questions
1- What should be the minimum age to contest in the Rajya Sabha election? 30 years
2. What should be the minimum age to contest in the election of Lok Sabha? 25
3. What should be the minimum age to contest in the election of State Legislative Assembly? 25
4. How long can a person continue to be a Prime Minister or minister without being a member of either house of the parliament? Six months
5. How many ministers can be appointed in the council of ministers? Maximum 15 % of total strength of the Lok Sabha (91st Amendment Act of 2003).
6. Money bill can be introduced only in……? Lok Sabha.
7.How many nominated members are there in Rajya Sabha? 12(Nominated by President).
8.What is the tenure of the member of the Rajya Sabha? 6 years.
9.Number of State having Bicameral Legislature in India? 6(Bihar,U.P, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
10.A money-bill passed by Lok Sabha can be delayed by Rajya Sabha for a maximum period of…? 14th days.
11.Which amendment was made in the Constitution to prevent detection?
52th & 91th.
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