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PSC Class 101: Constitution and Laws

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Constitution and Laws:

1. India has the biggest written constitution in the world. America has the smallest written constitution. Britain and Israel has no written constitution.
2. The Regulating Act of 1773 is the first law that was inspired from British Government in Indian Politics.
3. It was according to the Charter Act of 1883, the Governor General of Bengal was changed to Governor General of British India.
4. It was according to the Government of India Act in 1858, the position name “Governor General” is changed to “Viceroy”.
5. It was also according to the Government of India Act in 1858; India came under the rule of British Queen.
6. It was according to the Indian Councils Act in 1909; the entry of Indians to British Governor General’s Executive Council took place. These laws are considered as “Minto - Morley” rule modification.
7. The law that established the Di – Government system in provinces is, Government of India Act in 1919. (These laws are considered as “Montegu - Chemsford”, rule modification.)
8. Government of India Act in 1935 changed the Di – Government provinces to right of self government.
9. The plan that instructed the Indians to establish a self constitution is Wavell Plan (1945).
10. The law that passed by the British Parliament to transfer the Indian rule to Indians in August 15, 1947 is Indian Independence Act, 1947 (July 18).

Constituent Assembly of India:

1. The first meeting of Constituent Assembly was in 1946 December 9.
2. The president of first meeting of Constituent Assembly is Dr. Sachchidananda Sinha.
3. The permanent president elected by Constituent Assembly is Dr Rajendra Prasad.
4. Dr. BR. Ambedkar is the president of Indian constitution draft development council. (Drafting Committee)
5. It was the provincial assemblies through controlled voting that elected the members of Constituent Assembly.
6. The incident that leads to the formation of Indian Constituent Assembly is Cabinet Mission Plan in 1946 (March).
7. The British prime minister who sends the cabinet mission to India is Lord Attley.
8. B. Nagendra Rao is the person who served as advisor during the India Constitution Development Period.
9. As a Sovereign body of India, the meeting of Constituent Assembly was first conducted in 1947 August 14.
10. It was in 1949 November 26, the Constituent Assembly president signed in constitution. It was also during this day, the constitution was accepted.
11. Constitution came into existence in 1950 January 26 and this day is celebrated as Republic Day.
12. The two famous women members in Indian Constituent Assembly were Sarojini Naidu and Hansa Metha.
13. The famous congress party leaders as members in Indian Constituent Assembly were Jawaharlal Nehru, Sardar Vallabhai Patel, Rajendra Prasad, KM Munshi, C. Rajagopalachari, Abdul Kalam Azad.
14. The members of Indian Constituent Assembly, who were famous advocates, were TT. Krishnamachari, Alladi Krishnaswamy Iyer and Gopala Swamy Iyengar.
15. The preamble of Indian constitution was written by Jawaharlal Nehru.
16. Nehru called “Preamble” as the “Soul of Indian Constitution”.
17. Ambedkar called “Article 32” as the heart of Indian Constitution. (Right of Judgment from Constitution).
18. The preface of Indian constitution starts with the tagline “We, the people of India”.
19. According to the preface of constitution, the constitutional position of India is socialist neutral to religion democratic Republic.
20. When the Indian Constitution came into existence in 1950 January 26, Only the 395th section, 8th table and 22nd parts were included.

Fundamental Rights of India:

1. Constitution Promises six fundamental rights to citizens. They are Right to equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Right to culture and Education, Right to establishing fundamental rights through court.
2. The part of constitution that mentions about fundamental rights is Part III.
3. The Sculptor of fundamental rights is Sardar Vallabhai Patel.
4. It was according to 44th Amendment of 1978, mention of right of wealth is removed from the table of fundamental rights.
5. According to the 86th constitutional amendment of 2002, Education is included in fundamental rights. It is mentioned in constitution as 21 A.
6. The part III of constitution, which includes fundamental rights is known in the name of Magna Carta of India,which is the base and soul of constitution.
7. The president has the right to abolish the fundamental rights of citizen. (during president rule)
8. The fundamental rights of 20th and 21st section, should be obeyed even it is president rule.
9. It was according to 15th section, division based on Religion, Ancestry, Caste and sex were removed.
10. The 16th section promises occasional equality.
11. The 17th section of constitution bans untouchability.
12. Right to Live is known as the basement of Part III. (21st section) of constitution.
13. Ambedkar mentioned 32nd constitution section as the soul and heart of constitution and also fundamental among fundamental rights.

Directive Principles and Fundamental Duties:

1. Forth part of constitution includes Directive Principles. (36 to 51st sections).
2. The idea of directive principle is inspired from Irish constitution.
3. In order to raise the country as a welfare state, Directive Principles are written.
4. According to 37th section, Directive Principles are Non justice able. That is, no court has the right to conduct it.
5. Some of the points included in the directive philosophy is same salary for men and women for same employment, to protect the teenagers and youths from discrimination and protect them from falling in bad habits, formation of grama panchayats (40th section), develop a uniform civil code (44th section) for all the country, wildlife protection and surrounding protection (48A section). These are included in Directive philosophy.
6. According to the 42nd constitutional Amendment of 1976, the new part (IV A), which has “Fundamental Duties” were included in constitution (Article 51A).
7. It was from earlier Soviet Union, the idea of fundamental duties was borrowed for Indian constitution.
8. To respect National Flag and Song, to give value and maintain our culture and ancestry etc were included in fundamental duties.
9. Currently there are 11 fundamental duties in constitution.

Constitutional Amendments of India:

1. Amendments were mentioned in the 368th section of constitution.
2. First constitutional Amendment (1951) rewritten the sections, 15, 19, 31, 85, 87, 174, 176, 341, 342, 372, and 376. Ninth table is also included in constitution.
3. According to 14th Amendment, earlier French colonies separated from India is named to Pondicherry and merged with India.
4. The 42th Amendment of 1976 is called as “Mini Constitution”. (According to this Amendment, the words neutral to religion and socialism were included to preface of constitution.)
5. The preface of Indian constitution is reformed for only one time.
6. It was during the period of Morarji Desai of Janata Party as Prime Minister in 1978, the right of wealth was removed from Fundamental Rights.
7. It was according to 52nd constitutional Amendment (1985), the defection removal law is sanctioned.
8. It was according to 61st constitutional Amendment in 1989, the voting age is changed to 21 from 18.
9. The 73rd constitutional Amendment (1993) is related to Panchayat Raj governing system.
10. It was according to 84th Amendment in 2000 November 1, 9, 15, the states – Chattisgarh, Uttarakhand and Jharkhand were consecutively come into existence.
11. Education is considered as fundamental right according to 86th Amendment in 2002.
12. A special commission is formed for scheduled tribes according to 89th Amendment in 2003.
13. It was according to the 92nd Amendment in 2003, Bodo, Dogri, Santhali and Maithali languages were added. (It was based on 100th Constitutional Amendment bill).
14. Currently 22 languages were accepted by Constitution.

Borrowed features of Indian Constitution:

1. Fundamental Rights, Supreme Court and preface were the ideas borrowed from American constitution...
2. Parliamentary Democracy (Election), Single citizen were the ideas borrowed from Britain.
3. The ideas borrowed from Canada are Federal system, Union state list.
4. The idea borrowed from Ireland is Directive Principles.
5. The idea borrowed from Australia is concurrent list.
6. The idea borrowed from South Africa is constitutional Amendment.
7. The idea borrowed from Germany is The Emergency (President Rule).

Writs of Indian Constitution:

1. It was according to 36th section of constitution, Supreme Court, High Court etc were released as writs.
2. The writ which has the meaning “You may have the body”, is Habeas Corpus.
3. Supreme courts and High courts only have the power to release Habeas Corpus.
4. The term “Habeas Corpus” means “the release of one who is in custody (prison) without any lawful reason”.
5. The writ which has the meaning “We command” is Mandamus.
6. The judicial writ issued by Supreme court/ High court as a command to an inferior court or ordering a person to perform a public or statutory duty is ‘Mandamus’.
7. Prohibition is the writ released when a lower court crosses its boundary and performs against the normal Judgment and Law.
8. The Writ released for transferring a case from lower court to higher court is Certiorari.
9. The writ to check whether one got an employment without any qualification is Quo Warranto.

Human Rights:

1. It was the “Magna Carta“ in 1215, which is considered as the primary human rights. The ruler who signed in Magna Carta is King John of England.
2. It was in 1948 December 10, United Nations accepted the all nations Human Rights Declaration. Afterwards, December 10 is celebrated as Human Rights Day.

Commissions in India:

1. It was in 1993 september 28, National Human Rights Commision came into existence. Ranganath Misra is the first chairman.
2. Justice KG. Balakrishna is the first keralite to join the National Human Rights Commission.
3. The chairman of National Human Rights Commission should be earlier held the position of chief justice in Supreme Court. Indian president would appoint the chairman.
4. Kerala State Human Rights Commision was came into existence in 1998 December 11. Justice MM. Pareed Pillay is the first chairman.
5. State Humans Rights commission chairman should be earlier held the position of High Court Chief Justice. Governor would appoint the chairman.
6. Information Rights Law came into existence in 2005 October 12.
7. National Women Commission came into existence in 1992 January 31. Jayanti Patnaik is the first chairperson.
8. State Women commission came into existence in 1996 March 14. Sugathakumari is the first Chair Person.

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