1. Initiatives :
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RaggedMinds IAS
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Notes on Constitutional Framework ( Topics Covered)
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2. RaggedMinds IAS
Framing of Constitution
Basic Features of Constitution
Union and Territory
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Citizenship
Preamble
Fundamental Rights
Fundamental Duties
Directive Principle
Amendments in Constitution
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3. Constitution Framework :10 Slides
RaggedMinds IAS
Constituent Assembly is formed by Cabinet
Mission in 1946
Members of Cabinet Mission: Stafford
Cripps, Pethick Lawimcc, AV Alenxender
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Labor Party came in power after word war 2
(ended on 9th May 1945)
First National Interim Government was
announced on 24rth Aug 1946 and formed on
2 sep 1946
Earlier Muslim League has not joined and agreed to join on 26th October
Jawahar Lal Nehru was president
12 member executive council of viceroy was formed.
First cabinet was formulated on 15th Aug 1947
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4. Basic Features of Constitution : 10
Slides
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Lengthiest Constitution
Initially has 395 article Divided in 22 parts and 8 schedules
Structure: Government of India Act 1935
Political : British Constitution
Philosphical: America and Irish
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Contains fundamentals principle along with administrative provisions
Rigid and Flexible
It is rigid as Articl-368 of amendment says: In some 2/3 rd majority is required and
in article which has impact on state 2/3rd majority with 50% consent.
Flexible: Few article can be amended by simple majiorty
Keshvanand Case SC says, Basic structure of constitution can not be changed.
Drawn from various sources
That’s why also called as “ Borrowed Constitution” or Patch work
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5. Preamble 9 Slides
RaggedMinds IAS Brief…
• Preface of Constitution
• The Indian preamble wishes India to be a country
where there should be no high class and low class
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of citizens; an India in which all communities will
co-exist in perfect harmony.
• Highlights the type of Government and society it
wants
• Initially preamble was not a part of constitution,
but case of Kesavananda Bharti Vs State of Kerla
found it to be part of constitution.
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6. Union and Territory Slides 11
Schedule -1 contains name of all states and Union Territory
Territory of India is wider term then Union of India. As later includes only states while includes
both UT and state.
Schedule 5 and 6 : Provisions for administration of Scheduled area and Tribal Area.
Article-1 : India i.e. Bharat as Union of states
Being sovereign India can Acquire foreign territory. Like it has acquired: Goa, Daman & Diu,
Dadra and Nagar Haveli, Puducherry and Sikkim
7. Citizenship of India Slides : 10
RaggedMinds IAS
At the commencement of Constitution
Every person who is holding domicile in the Territory of India
Or
Born in India or either of parents born in India
Or
5
Resident for territory of India for more than 5 years , preceding
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the Commencement
Person Migrated from the Pakistan
Parents or Grandparents Born in India as defined in Govt of India
Act 1935
&
Migrated to India before 19th July 1948
Migrated after 19th July 1948 but registered as citizen by officer Or
6
appointed
Person Can only be registered if he resident of India for 6
months
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8. Fundamental Duties Slides 9
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Fundamental Duties Basics
Opted from the constitution of USSR, bringing socialistic aspect.
1976 Fundamental Duties are added under 42nd Article
One Fundamental Duty is added in 2002
Japan is one of the Democratic country also have Fundamental Duties
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Not Justifiable, not enforced by Law
Swarn Singh Committee
Congress set up Swarn Singh Committee in 1976
Recommended 8 duties need to be added
Congress added 10 and rejected few of the Duties mentioned
Added in Part IV A and under article 51 A
Critics has said adding in Part IV A diluted the aim of same.
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respond to Digvijay Singh Letter
9. Directive Principle Slides 21
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Brief on Directive Principal
Part –IV of Constitution
86th Amendment added article 21 A: right to education.
Not Justifiable, includes in Article 35 -51
Dr Ambedkar mention these as novel features
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Directive Principal along with Fundamental rights contains the philosophy of
constiotution and soul of constitution
Features of
Critics has said adding in Part IV A diluted the aim of same.
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10. Amendments Slides 6
RaggedMinds IAS
Amendment of Constitution……..Procedure (Article 368)
Amendment can be initiated by Introduction of Bill
It can be initiated in either house of Parliament not in state legislature
Bill Can be introduced either by minister or Private Member
No prior permission of President is required.
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Bill must passed by special majority ( More than 50% of total strength and
majority of 2/3rd of members of the house present and voting
Each house must pass the bill. No joint sitting in case of disagreement
If bill impacting federal structure, then it must be approved by 50% of state
legislature
Once passed , it is present in front of president for assent
President can not reject and can send back for reconsideration
After President assent “Bill” become “Act”
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