Construction of India

Construction of India


INTRODUCTION :
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; defines their powers; demarcates their responsibilities and regulates their relationship with each other and with the people.
Every Constitution represents the vision and
values of its founding fathers and is based on the social, political and economic ethos and faith and aspirations of the people.
Our Constitution was drawn up by the Constituent Assembly which was formed before our Independence. This Assembly was composed of the members elected by the Provincial Legislative Assemblies. Dr Rajendra Prasad was the Chairman
of this Constituent Assembly.The Draft Constitution was prepared by the Drafting Committee under the guidance of Dr B.R. Ambedkar. The Constitution was adopted by the Constituent Assembly on 26
November 1949. It came into full operation with effect from 26 Januaryl 950. The Constitution, as originally adopted, had 22
Parts, 395 Articles and 9 Schedules. Its present text is amended from time to time. Till 2011 , there had been as many as 97 amendments.
Important Amendments of
the Indian Constitution
:-----
• The Constitution (1st Amendment) Act, 1951- This amendment provided for several new grounds of restrictions to the right to freedom of speech and expression and the right to practise any profession or to carry on any trade or business as contained in Article 19 of the Constitution. The amendment also inserted two new Articles, 31A and 31B and the Ninth Schedule to give protection against the challenge to land reform laws.
• The Constitution (7th Amendment) Act, 1956- This amendment Act purpoded to give effect to the recommendations
of the State Reorganisation Commission and the necessary consequential changes. Broadly the then existing states and
territories were changed to have two-fold classification of states and union territories, The amendment also provided for
composition of the House of the People, readjustment after every census, provisions regarding the establishment of new
High Courts, High Court Judges, etc.
• The Constitution (10th Amendment) Act, 1961- This Act amended Article 240 and the First Schedule in order to include areas of Dadra and Nagar Haveli as a Union Territory and to provide for its administration under the regulation making powers of the President.
• The Constitution (12th Amendment) Act, 1962— This amendment sought to include Goa and Daman and Diu as Union Territories and to amend Article 240 for the purpose.
•The Constitution (13th Amendment) Act, "1962- By this amendment, a new Article 37 IA was added to make special provisions with respect to state of Nagaland inpursuance of an agreement between the Government of India and Naga People's
Convention.
•The Constitution (14th Amendment) Act, 1962- By this Act,' Pondicherry was included in the First Schedule as a
Union Territory, and this Act has also enabled the creation of Legislature by Parliamentary law for Himachal Pradesh,
Manipur, Tripura, Goa, Daman and Diu and Pondicherry,
•The Constitution (22nd Amendment) Act, 1969- This act was enacted to facilitate the formation of a new autonomous
state of Meghalaya within the state of Assam.
•The Constitution (31st Amendment) Act, 1973- This Act inter alia raised the upper limit for the representation of states in
the Lok Sabha from 500 to 525 and reduced the upper limit for the representation of union territories from 25 members to 20.
•The Constitution (35th Amendment) Act, 1974- By this Act a new Article 2A was added thereby conferring on Sikkim the
status of an associate state of Indian Union.
•The Constitution (36th Amendment) Act, 1975— This was enacted to make Sikkim a full-fledged state of Indian Union and
to include it in the First Schedule to the Constitution and to allot to Sikkim one seat each in the Council of States and in the
House of the People.
•The Constitution (37th Amendment) Act, 1975- By this Act, Union Territory of Arunachal Pradesh was provided with a
Legislative Assembly.
•The Constitution(42nd Amendment) Act, 1976 - Comprehensive changes were introduced in the Constitution through this Act. Below are some of them . Provision of Fundamental Duties.Directive Principles were given precedence over Fundamental
Rights and were made justifiable. Jurisdiction was divided between the Supreme Court and High Court in the matter of determination of the Constitutional validity of central ano state laws. Limitation for jurisdiction of High Court in certain respect. Inclusion of education and certain other subjects in the
Concurrent List, Provision for amending Article 368 of the constitution to give
emphasis on the mutability of the constitution and evety part thereof
•The Constitution (43rd Amendment) Act, 1977 - This Act repealed the obnoxious provisions of the constitution(42nd
Amendment) Act passed during emergency.
•The Constitution (44th Amendment) Act, 1978- The Right to Property which had been the occasion for more than one
amendment of Constitution was omitted as a Fundamental Right and it was made only as a legal right, It was, however, en-
sured that the removal of the right to property from the list of Fundamental Rights would not affect the right of minorities to establish and administer educational institutions of their choice.
•The Constitution (52nd Amendment) Act, 1985 This amendment Act has prohibited crossing the floor or defection. If an elected representative changes his party, he would lose his seat in the Central/State Legislature. But if atleast, 1/3 members
of a party changes affiliation, this shall not be treated as defection rather it will be treated as split.
•The Constitution (55th Amendment) Act, 1986- This Act seeks to give effect to the proposal of Government of India to confer statehood on the Union Territory of Arunachal Pradesh
•. The Constitution (56th Amendment) Act, 1987- The Government of India proposed to constitute the territories comprised in Goa District of the Union Territory of Goal Daman and Diu as the State of Goa and the territories comprised in Daman and Diu districts of that Union Territory as a new Union Territory of Daman and Diu.
•The Constitution (57th Amendment) Act, 1987 - This Act provides reservation of seats in the legislature of 4 north-
eastern states - Arunachal Pradesh, Meghalaya, Mizoram
and Nagaland.
•The Constitution (61st Amendment) Act, 1989 - This Act reduced the voting age in general elections from 21 years to 18
years:
•The Constitution (62nd Amendment) Act, 1989 - This Act increased the reservation of seats for Schedule Castes and Scheduled Tribes and the Anglo-Indian community by
nomination in legislature for the next ten years upto December 20, 1999.
•The Constitution (63rd Amendment) Act, 1989 - This Act omitted Article 359-A inserted by the 59th Constitutional
Amendment Act.
•The Constitution (65th Amendment) Act, 1990 - This Act provided a National Commissioh for Scheduled Tribes and
Scheduled Castes.
•The Constitution (66th Amendment) Act, 1990 - The State enactments to land reform were added to the Ninth Schedule under this Act.
•The Constitution (68th Amendment) Act, 1991 — This Act extended President's rule in Punjab for another one year and
the total period extended to five years.
•The Constitution (70th Amendment) Act, 1992 - This Act accorded the right to vote to the members of Puducherry Assembly and proposed Legislative Assembly for Delhi in the election of the President.
•The Constitution (71st Amendment) Act, 1992 - This Act added NepaiiJ Manipuri and Konkani to the list of recognised languages of India. Bili was passed by the Parliament in July- August 1992.
•The Constitution (72nd Amendment) Act, 1992- A memorandum of settlement was signed by the Government of India with Tripura Nationai Volunteers for restoring peace and harmony in the areas of the state of Tripura where disturbed conditions prevailed.
•The Constitution(73rd Amendment) Act, 1993 — This Act is related with Panchayati Raj in India.
•The Constitution(78th Amendment) Act, 1995 -e Article 31- B of the Constitution confers on the enactments included in the
Ninth Schedule to the Constitution immensely from legal challenge on the ground that theyWiolate the fundamental rights enshrined in Part Ill of the Constitution.
•The Constitution(79th Amendment) Act, 1999 -- This Act extended reservation to Scheduled Castes and Scheduled Tribes
' in state legislative assemblies and Lok Sabha for ten years.
•The Constitution (80th Amendment) Act, 2000 It relates to the sharing of the revenue between the Centre and the states whereby states' overall share was increased to 29% as per the 10th Finance Commission's recommendation.
•The Constitution(81st Amendment) Act, 2000 —This relates to carrying forward the backlog vacancies of Scheduled Castes
and Scheduled Tribes.
•The Constitution(82nd Amendment) Act, 2000 - This is related to the relaxation in qualifying marks and reservations of
posts in super specialist courses in Medical and Engineering disciplines for Scheduled Castes and Scheduled Tribes.
•The Constitution(83rd Amendment) Act, 2000 - As there are no Scheduled Castes in Arunachal Pradesh, this exempts Arunachal Pradesh from reserving seats for Scheduled Castes in Panchayati Raj.
•The Constitution(84th Amendment) Act, 2001 This Act amended provisons to Article 82 and 170(3) of the Constitution to readjust and rationalise the territorial constituencies in the states.
•The Constitution(85th Amendment) Act, 2001 - This Act provides for the benefit of reservation in promotions regarding
government services to the members of Scheduled Castes and Scheduled Tribes.
•The Constitution(86th Amendment) Act, 2002 - This Act makes the constitutional obligation of the state to provide free
elementary education to children in the 6 - 14 age group.
•The Constitution (88th Amendment) Act, 2003- It shall come into force on such date as the Central Government nay, by notification in the Official Gazette, appoint.
After Article 268 of the Constitution, the followng article shall be inserted, 'namely "268A.
(1) Taxes on services shall be levied by the Government of India and such tax shall be collected and appropriated by the Government of India and the State in the manner provided in clause (2).
(2) The proceeds in any financial year of any such tax levied in
accordance with the provisions of clause (1) shall be c- (a) collected by the Government of India and the States; (b) appropriated by the Govemment of India and the States, in accordance with such principles of collection and appropriation as may be formulated by Parliament by law."
•The Constitution (90th Amendment) Act, 2003- in Article 332 of the Constitution in clause (6), the following proviso shall
be inserted, namely:'Provided that for elections to the Legislative Assembly of the
State of Assam, the representation of the Schedule Tribes and non-Scheduled Tribes in the constituencies included in the
Bodoland Territorial Areas District, so notified, and existing prior to the constitution of the Bodoland Territorial Areas District, shall be maintained.'
•The Constitution (92nd Amendment) Act, 2003- In the Eighth Schedule to the.Constitution Bodo, Dogri, Maithili and Santhali languages were also included, thus increasing the number of entries from 18 to 22.
•The Constitution (93rd Amendment) Act, 2005- This amendment seeks reservation of seats to the students of Sched- uled Castes and Scheduled Tribes in Government unaided educational institutions.
•The Constitution (94th Amendment) Act, 2006 - In Article 164 of the Constitution, in clause (i), in the proviso, for the word
'Bihd, the words "Chhattisgarh, Jharkhand" shall be substi- tuted.
•The Constitution (95th Amendment) Act, 2009- With this amendment the reservation of seats for the Scheduled Castes
and the Scheduled Tribes and the representation of the Anglo Indian Community in the Lok Sabha and State Legislative As- semblies was extended from sixty to seventy years.
•The Constitution (96th Amendment) Act, 2011- In the 8th Schedule of the Constitution, the word 'Odia' was substituted for 'Oriya'.
• The Constitution (97th Amendment) Act, 2011- Article 19(1)(c) was amended with the addition of words "or co-opera- tive societies" after the word "or unions". Article 43B was inserted which endeavours to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
Salient Features of the Indian Constitution :------
1)The Constitution of India is a written document.
2)The Constitution, as originally adopted, had 22 Parts, 395 Articles and 9 Schedules,
3)The Indian Constitution is partly rigid and partly flexible.
4)It declares india as a sovereign, socialist,
secular, democratic, republic.
5)It guarantees Fundamental Rights to all the citizens of India.
6)It provides for single citizenship in India.
7)The Constitution of India is federal in nature with unitary features,
8)It introduces the principle of Universal Adult Franchise.
9)It established the Parliamentary form OT Government in India.
10)It provides for an Independent Judiciary. The Supreme Court acts as the guardian of the Constitution and is the highest court of appeal.
11)It incorporates "Directive Principles of State
policy".
12.It lays down Fundamental Duties for citizens.
13.Itrecognises the President as the Constitutional head of the Union.
Schedules of the Constitution
1st Schedule: List of States and Union Territories.
2nd Schedule: Salaries and emoluments of
President, Governors, Chief Justice, Judges of High Court and Supreme Court, Comptroller and Auditor General and other authorities.
3rd Schedule :Forms of Oaths and Affirmation.
4th Schedule : Allocation of seats in the Council of States.
5th Schedule : Provisions as to the administration and control of Scheduled Castes and Scheduled Tribes.
6th Schedule : Provision for administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
7th Schedule : Allocates powers and functions between Union and States. Contains three list of subjects viz Union List, State List and Concurrent List.
8th Schedule : List of 22 national languages recognised by the Indian Constitution.
9th Schedule(Added by the 1st amendment
in 1950) : Contains Acts and regulations relating to land tenure, land tax, railways and industries.
10th Schedule(Added by the 52nd amendment in 1985) : Provisions as to disqualification on the ground of defection.
11th Schedule (Added by the 73rd amend-ment in 1993) : Powers, authority and responsibilities of Panchayats.
12th Schedule : (Added by the 74th amend-
ment in 1993)'. Powers, authority and responsibilities of 3 types of Municipalities.




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