Previous Year UPSC Polity Questions with Solutions [2013-2024]

2024

1.With reference to the Government of India Act, 1935, consider the following statements: (2024)

1.It provided for the establishment of an All India Federation based on the union of the British Indian Provinces and Princely States.

2.Defence and Foreign Affairs were kept under the control of the federal legislature.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer:
The correct option is (a) 1 only.

Explanation:

Statement 1 is correct: The Government of India Act, 1935, indeed provided for the establishment of an All-India Federation comprising British Indian Provinces and Princely States. However, the federation never came into existence because the Princely States did not join it.

Statement 2 is incorrect: Defence and Foreign Affairs were retained by the British Governor-General and not placed under the federal legislature. These subjects remained “reserved” and outside the control of Indian representatives.

2.Who was” the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over? (2024)

(a) C. Rajagopalachari

(b) Dr. B.R. Ambedkar

(d) Dr. Sachidananda Sinha

The correct answer is: (d) Dr. Sachidananda Sinha

Dr. Sachidananda Sinha was the Provisional President of the Constituent Assembly when it first met on December 9, 1946. He served as the interim chairman until Dr. Rajendra Prasad was elected as the permanent President on December 11, 1946.

2023

3.By which one of the following Acts was the Governor General of Bengal designated as the Governor General of India? [Evolution of Constitution] (2023)

(a) The Regulating Act

(b) The Pitt’s India Act

(d) The Charter Act of 1833

The correct answer is: (d) The Charter Act of 1833

The Charter Act of 1833 designated the Governor-General of Bengal as the Governor-General of India. Lord William Bentinck was the first Governor-General of India under this act. This marked a significant step toward centralizing the administration of British India.

In essence, what does, ‘Due Process of Law’ mean? [Salient Features of Constitution](2023) Expected questions for Prelims 2025

(a) The principle of natural justice

(b) The procedure established by law

(d) Equality before law

The correct answer is: (c) Fair application of law

The term “Due Process of Law” ensures that laws are fair, just, and reasonable, and it protects individuals from arbitrary actions by the state. It implies both substantive fairness (the law itself must be just) and procedural fairness (the law must be applied in a fair manner). While India follows the principle of “Procedure Established by Law”, the concept of “Due Process of Law” is broader and is practiced in countries like the USA.

5.The Chief purpose of the ‘Constitution’ of a country?[Salient Features of Constitution] (2023)

(a) It determines the objective for the making of necessary laws.

(b) It enables the creation of political offices and a government.

(d) It secures social justice, social equality and social security.

The correct answer is: (c) It defines and limits the powers of government.

The chief purpose of a constitution is to establish the framework for governance by defining the structure, powers, and functions of different organs of government while also placing limits on their powers to prevent misuse. This ensures the protection of individual rights and the rule of law within the country.

2022

6.If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? [2022]

(a) This would prevent the transfer of land of tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(d) The State having such areas would be declared a Special Category State.

The correct answer is: (a) This would prevent the transfer of land of tribal people to non-tribal people.

The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas and Scheduled Tribes in certain states. It provides for special protections and governance mechanisms, including restrictions on the transfer of tribal land to non-tribals, to safeguard the rights and interests of tribal communities.

7.Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

(a) The independence of the judiciary is safeguarded.

(b)The Union Legislature has elected representatives from constituent units.

(c)The Union Cabinet can have elected representatives from regional parties.

(d)The Fundamental Rights are enforceable by Courts of Law.

The correct answer is: (b) The Union Legislature has elected representatives from constituent units.

An essential feature of federalism is the division of powers between the central government and the constituent units (states). The fact that the Union Legislature (Parliament) includes elected representatives from the states, particularly in the Rajya Sabha, demonstrates the federal character of Indian polity. This ensures that states participate in the legislative process at the national level.

8.Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

A) The independence of judiciary is safeguarded.
B) The Union Legislature has elected representatives from constituent units.
C) The Union Cabinet can have elected representatives from regional parties.
D) The Fundamental Rights are enforceable by Courts of Law.

The correct answer is: B. The Union Legislature has elected representatives from constituent units.

This feature reflects the federal character of the Indian polity. The Indian Parliament consists of the Rajya Sabha (Council of States), which includes elected representatives from the constituent units (states and Union territories). This ensures that states have a role in the national legislature, which is a characteristic of federal systems.

9.We adopted parliamentary democracy based on the British model, but how does our model differ from that model?

1.As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.

2.In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court.

Select the correct answer using the code given below.

A 1 only

B 2 only

C Both 1 and 2

D Neither 1 nor 2

The correct answer is: C. Both 1 and 2

Explanation:

As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited: In the UK, Parliament is sovereign, meaning it can make or change laws without legal restrictions. In contrast, India’s Parliament is bound by the Constitution of India, and its power to legislate is limited by the provisions of the Constitution (e.g., it cannot legislate beyond the scope of its powers defined in the Constitution).

In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court: In India, if there is a question regarding the constitutionality of a law passed by Parliament, the matter can be referred to the Supreme Court, often a

Constitution Bench, for determination. This is not a practice in the UK, where Parliament’s laws are not subject to judicial review.

Both statements accurately highlight the differences between the British model and the Indian model of parliamentary democracy.

10.Constitutional government means

a representative government of a nation with federal structure
a government whose Head enjoys nominal powers
a government whose Head enjoys real powers
a government limited by the terms of the Constitution.

The correct answer is: D. A government limited by the terms of the Constitution.

A constitutional government refers to a system where the powers of the government are defined, limited, and regulated by a constitution. This ensures that the government operates within the framework set by the constitution, protecting the rights and freedoms of the people. It can take different forms, including representative, parliamentary, or federal, but the key aspect is the limitation of government power by the constitutional provisions.

2020

11.The Preamble to the Constitution of India is

(a) a part of the Constitution but has no legal effect

(b) not a part of the Constitution and has no legal effect either

(d)a part of the Constitution but has no legal effect independently of other parts

The correct answer is: (d) a part of the Constitution but has no legal effect independently of other parts.

The Preamble to the Constitution of India is an integral part of the Constitution. However, while it serves as an introduction that outlines the guiding principles, objectives, and philosophy of the Constitution, it is not enforceable by itself in a court of law. It provides insight into the intent and values underlying the Constitution but does not confer any legal rights or obligations independently of the provisions of the Constitution.

12.A constitutional government by definition is a

A) government by legislature
B) popular government
C) multi-party government
D) limited government

The correct answer is: D. Limited government

A constitutional government is one where the powers of the government are defined, restricted, and regulated by a constitution. It ensures that the government operates within the framework set by the constitution, limiting its powers and protecting individual rights and freedoms. This limitation is a key characteristic of constitutional governance.

13.A Parliamentary System of Government is one in which

(a) all political parties in the Parliament are represented in the Government

(b) the Government is responsible to the Parliament and can be removed by it

(c)the Government is elected by the people and can be removed by them

(d)the Government is chosen by the Parliament but cannot be removed by it before completion of a fixed term.

The correct answer is: (b) the Government is responsible to the Parliament and can be removed by it.

In a Parliamentary System of Government, the executive (the government) is drawn from and is accountable to the legislature (Parliament). The government can be removed from power by a vote of no confidence in the Parliament, ensuring that the executive remains responsible to the elected legislature. This system is a key feature of the Indian political system.

2019

14.Consider the following statements about ‘the Charter Act of 1813’: [2019]

It ended the trade monopoly of the East India Company in India except for trade in tea and trade with China.
It asserted the sovereignty of the British Crown over the Indian territories held by the Company.
The revenues of India were now controlled by the British Parliament.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(d) 1, 2 and 3

The correct answer is: (a) 1 and 2 only

Explanation:

It ended the trade monopoly of the East India Company in India except for trade in tea and trade with China: This is correct. The Charter Act of 1813 ended the East India Company’s monopoly over trade in India, but the company retained its monopoly on the trade of tea and trade with China.

It asserted the sovereignty of the British Crown over the Indian territories held by the Company: This is also correct. The Act stated that the Indian territories were held in trust for the Crown, asserting British sovereignty over them.

The revenues of India were now controlled by the British Parliament: This is incorrect. While the British Parliament had control over some aspects of governance in India, it did not take direct control of the revenues at this point. The Company continued to manage the revenue system in India. The control over revenues was formally placed in the hands of the British Crown later, with the Government of India Act of 1858.

Thus, statements 1 and 2 are correct, but statement 3 is not.

2018

15.In the Federation established by the Government of India Act of 1935, residuary powers were given to the [2018]

(a) Federal Legislature

(b) Governor General

(d) Provincial Governors

The correct answer is: (b) Governor General

Under the Government of India Act of 1935, the residuary powers (the power

to legislate on matters not mentioned in the Union or Provincial Lists) were vested in the Governor General. This meant that any matter that was not specified in the Constitution could be decided by the Governor General, who acted on behalf of the British Crown.

2017
16.Which one of the following objectives is not embodied in the Preamble to the Constitution of India? [2017]

(a) Liberty of thought

(b) Economic liberty

(d) Liberty of belief

The correct answer is: (b) Economic liberty

The Preamble to the Constitution of India mentions the following objectives:

Liberty of thought
Liberty of expression

Liberty of belief

Justice, Equality, Fraternity

However, economic liberty is not explicitly mentioned in the Preamble, though it is implied through provisions related to social, economic, and political justice in the Constitution.

In the context of Indian history, the principle of ‘Dyarchy (diarchy)’ refers to [2017]

(a) Division of the central legislature into two houses

(b) Introduction of double government i.e., Central and state governments

(d) Division of the subjects delegated to the provinces into two categories

The correct answer is: (d) Division of the subjects delegated to the provinces into two categories

The principle of Dyarchy (introduced by the Government of India Act of 1919) refers to the division of subjects under provincial governance into two categories:

Reserved subjects, which were controlled by the Governor and his executive council.

Transferred subjects, which were placed under the control of the elected ministers.

This system introduced a dual form of government at the provincial level, where some subjects were administered by the elected ministers, while others remained under the control of the British-appointed Governor.

2015

18.The Government of India Act of 1919 clearly defined [2015]

(a) The separation of power between the judiciary and the legislature

(b) The jurisdiction of the central and provincial governments

(d) None of the above

The correct answer is: (b) The jurisdiction of the central and provincial governments

The Government of India Act of 1919 (also known as the Montagu-Chelmsford Reforms) introduced a system of dyarchy at the provincial level and clearly defined the division of powers between the central government and the provincial governments. It outlined which subjects would fall under the

jurisdiction of the central government and which would be under provincial control.

19.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to [2015]

(a) protect the interests of Scheduled Tribes

(b) determine the boundaries between States

(d) protect the interests of all the border States

The correct answer is: (a) protect the interests of Scheduled Tribes

The Fifth Schedule and Sixth Schedule of the Constitution of India are specifically designed to protect the rights and interests of Scheduled Tribes.

Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states. It includes provisions for the welfare and protection of the rights of tribal communities, particularly with regard to land and their traditional way of life.

Sixth Schedule provides for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram, where special provisions are made for the creation of autonomous district councils to protect the interests of the tribal population.

These schedules aim to safeguard the cultural, social, and economic interests of tribal communities in India.

“To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the [2015]

(a) Preamble of the Constitution

(b) Directive Principles of State Policy

(d) Fundamental Duties

The correct answer is: (d) Fundamental Duties

The provision to “uphold and protect the Sovereignty, Unity and Integrity of India” is mentioned in Article 51A of the Fundamental Duties under Part IVA of the Constitution of India. This provision obligates citizens to respect and preserve the sovereignty, unity, and integrity of the country.

21.There is a Parliamentary System of Government in India because the [2015]

(a) Lok Sabha is elected directly by the people

(b) Parliament can amend the constitution

(d) Council of Ministers is responsible to the Lok Sabha

The correct answer is: (d) Council of Ministers is responsible to the Lok Sabha

In India, the Parliamentary System of Government is based on the principle that the Council of Ministers (headed by the Prime Minister) is collectively responsible to the Lok Sabha (the lower house of Parliament). This means that the government must have the support of the majority in the Lok Sabha to remain in power. If the government loses a vote of confidence in the Lok Sabha, it must resign. This feature is fundamental to the functioning of the parliamentary system in India.

22.The Government of India Act of 1919 clearly defined [2015]

(a) The separation of power between the judiciary and the legislature

(b) The jurisdiction of the central and provincial governments

(d) None of the above

The correct answer is: (b) The jurisdiction of the central and provincial governments

The Government of India Act of 1919 (Montagu-Chelmsford Reforms) introduced a system of dyarchy at the provincial level and defined the jurisdiction of the central and provincial governments. The Act laid down the distribution of subjects between the central and provincial legislatures, and it also introduced a division of functions within the provincial government (between reserved and transferred subjects).

2014

23.Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [2014]

(a) Second Schedule

(b) Fifth Schedule

(d) Tenth Schedule

The correct answer is: (d) Tenth Schedule

The Tenth Schedule of the Constitution of India, also known as the Anti-Defection Law, contains provisions regarding the disqualification of members of Parliament and State Legislatures on grounds of defection. It was added by the 52nd Amendment Act of 1985 to curb political defections and maintain the stability of governments by disqualifying legislators who voluntarily give up their party affiliation or who defect to another party.

24.Consider the following statements: A Constitutional Government is one which [2014]

places effective restrictions on individual liberty in the interest of State Authority.
places effective restrictions on the Authority of the State in the interest of individual liberty. Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

The correct answer is: (b) 2 only

Explanation: A Constitutional Government is one that places effective restrictions on the authority of the state to ensure the protection of individual liberty. In such a system, the powers of the government are defined and limited by a constitution, which safeguards individual rights and freedoms from potential government overreach.

Statement 1 is incorrect because a constitutional government does not necessarily place restrictions on individual liberty in the interest of state authority; rather,

it places checks on state power to protect individual liberties.
Statement 2 is correct because a constitutional government ensures that the authority of the state is limited in the interest of protecting individual liberty.

2013

25.With reference to Indian history, the members of the constituent assembly from the provinces were? [2013]

(a) Directly elected by the people of those provinces

(b) Nominated by the Indian national congress and the Muslim league

(d) Selected by the government for their expertise in constitutional matters

The correct answer is: (c) Elected by the provincial legislative assemblies

The members of the Constituent Assembly representing the provinces were elected by the provincial legislative assemblies. The Constituent Assembly was formed in 1946, and the members were chosen through indirect elections. Representatives from different provinces and princely states were elected by the members of the respective provincial legislatures, not directly by the people.

Day – 01

Themes Notes

CHAPTER I

HISTORICAL BACKGROUND

The Company Rule (1773 – 1858)
The Crown Rule (1858 – 1947)

REGULATING ACT – 1773

WHY IT HAS CONSTITUTIONAL IMPORTANCE

First step by British govt. to control and regulate the affairs of the English East India Company
First time – recognized the administrative & political functions of the company
Foundation for central administration

FEATURES

Governor of Bengal àGovernor General of Bengal
Executive Council of 4 members to assist Governor General
First Governor General àLord Warren Hastings
Governors of Bombay & Madras were made subordinate to Governor General of Bengal
Established Supreme Court in Calcutta (1774) with 1 Chief Justice & 3 other judges
Accepting bribes/present or engaging private trade by company servants is strictly prohibited
British government require the Court of Directors (24 members) to report revenue, civil and military affairs.

Rectifying the defects of 1773 Act, British parliament passed Amending Act of 1781 also called “Act of Settlement”.

Amending Act of 1781

It exempeted the Governor General and council from the jurisdiction of the Supreme Court for the acts done by them in their official duty.
Supreme court has the Jurisdiction over all the inhabitants of calcutta, Hindus were administered according to Hindu law, Muslims were according to Mohammedan law.
The cases of Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme court.

PITT’S INDIA ACT (1784) – FEATURES

It distinguished commercial & political functions of the company
Created Board of Control to manage Political affairs
Enabled Court of Directors to manage Commercial affairs
Thus, established a system of double governance
Empowered Board of Control to supervise & direct civil, military and revenue operations of British possessionsin India

ACT OF 1786

In 1786, Lord Cornwallis was appointed as Governor-General of Bengal,
Governor-General of Bengal given power to override the decision of his council in special cases.
He also to be act as Commander-in-chief

CHARTER ACT of 1793

Commander-in-chief was not to be a member of the Governor-General’s council, unless he was appointed
overriding power is extended to future Governor-Generals and Governors of Presidencies.

CHARTER ACT of 1813

Trade monopoly of the company in india ended.
Local Government in India to impose taxes on persons. even punish the persons for not paying taxes.

CHARTER ACT OF 1833 – FEATURES

Governor General of Bengal was made Governor General of India vested with civil & military powers of entire British India
First Governor General – Lord William Bentick.
Legislative powers were denied to Governors of Bombay and Madras and Governor General of India was given exclusive legislative powers.
The laws made under previous acts were Regulations while laws made under this act were called Acts.
From Commercial body, the company purely changed into administrative body.
Attempted to introduce open competition for civil service but negated after opposition from court of directors
B : Regulating Act àfirst step of centralization in India, Charter Act of 1833 à final step of centralization

CHARTER ACT OF 1853 – FEATURES

Separated Legislative & Executive functions of Governor – General’s Council
Established separate Governor General’s Council known as Indian Legislative Council which functioned as Mini-Parliament
Covenanted Civil Services were thrown open to Indians also. In accordance Macaulay Committee was appointed in 1854
Extended the company’s rule but did not specify particular period like previous charters intimating end of company’s rule anytime.
Introduced Local representation in Indian Legislative Council
Out of 6 new members, 4 were to be appointed by provincial governments of Madras, Bombay, Bengal and Agra.

THE CROWN RULE – ABOLISHED EAST INDIA COMPANY

Government of India act of 1858 (Act for the Good Government of India)

Features

India was to be governed in the name of Her Majesty
Governor General of India turned as Viceroy of India & Viceroy àdirect representative of British Crown in India
Abolished Court of Directors & Board of Control ending up the double government.
Created Secretary of State – authority over Indian administration
Secretary of State àmember of British parliament o 15 member council – To assist the Secretary of State
Act of 1858 àconfined to improvement of administrative machinery in India.

INDIAN COUNCILS ACT OF 1861, 1892 AND 1909 – passed to associate Indians in administration of India

Features of the Act of 1861

Beginning representative institutions by associating Indians with law-making process which led to nomination of some Indians as non-official members of his expanded council
Lord Canning (first Viceroy) nominated 3 Indians – the Raja of Benaras, the Maharaja of Patiala and Sir Dinakar Rao
Initiated decentralization process by restoring legislative powers to Bombay and Madras Presidencies.
Establishment of new legislative councils for Bengal in 1862, North West Frontier Provinces(NWFP) (1866) and Punjab (1897)
Empowered Viceroy to make rules & orders for more convenient transaction of business in council
Recognized Port-Folio system introduced by Lord Canning in 1859
Empowered viceroy to issue ordinances (life of 6 months) without concurrence of legislative council during emergency.

FEATURES OF ACT OF 1892

Increased (↑) non-official members in legislative councils but maintained official majority
Provided for nomination of non-official members of
Central Legislative Council

b)Provincial Legislative Council

Increased the functions of legislative council by providing power of discussing budget and addressing questions to executive
It made a limited and indirect provision for use of election however the word election was not used in the act
The process was described as nomination made on recommendation of certain bodies

FEATURES OF ACT OF 1909 ( MORLEY-MINTO REFORMS)

It considerably increased the size of Central and Provincial Legislative Councils
Central Legislative Council’s Members raised from 16 to 60
Central Legislative Council retained official majority but allowed Provincial’s members to have non-official majority
Provided for associating Indians with executive councils of Viceroy and Governor
Satyendra Prasad à1^st Indian joining Viceroy’s Executive Council as law member
Accepting ‘Separate Electorate’, introduced Communal representation for Muslims.
Muslim members are elected only by Muslim voters leading to ‘legalised communalism’
Lord Minto àFather of Communal Electorate.

GOVERNMENT OF INDIA ACT OF 1919 ( MONTAGUE-CHELMSFORD REFORMS)

FEATURES

It relaxed central control by demarcating and separating central and provincial subjects authorizing law legislation powers to respective list of subjects
Separated provincial budgets from central budgets and enabled provincial legislatures to enact their budgets
Provincial subjects were divided into 2 parts as transferred subjects (responsible to legislative council) and reserved subjects (without responsibility)
Thus dyarchy was introduced but it was unsuccessful
Bicameralism and Direct elections were introduced replacing Indian Legislative Council by Bicameral Legislature consisting an Upper House(Council of State) and a Lower House (Legislative Assembly)
Required 3/6 Viceroy’s executive members as Indians other than commander in Chief
Extended communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo Indians and Europeans
But franchise was given to limited people based on property, tax or education
Created a new office àHigh Commissioner for India in London
As it provided for establishment of public service commission, Central Public Service Commission was set up in 1926
It provided for the appointment of a statutory commission to inquire and report its working after 10 years of its coming into force

SIMON COMMISSION (1927)

7 member statutory commission chaired by Sir John Simon
Why àto report on condition of India under new constitution
Why boycotted àall members were British
1930 àsubmitted its report and made recommendations
Why Round Table Conferences àto consider the proposals of the commission
Recommendations were incorporated in Government of India Act 1935

COMMUNAL AWARD

Ramsay Mac Donald (British PM) announced scheme of minorities representation extending separate electorate for depressed classes too
As a result of Gandhiji’s fast at Poona, an agreement signed known as Poona Pact (1932) retaining Hindu Joint electorate and gave reserved seats to depressed classes

GOVERNMENT OF INDIA ACT OF 1935 –2^nd milestone to responsible government & Lengthy document – 321 Sections & 12 Schedules

Features

Provided for establishment of All-India Federation dividing powers as three lists àFederal List (59 items), Provincial List (54 items) and Concurrent List (36 items)
But, the federation never came into being as the princely states did not join
It abolished dyarchy and introduced ‘provincial autonomy’ in the provinces.
provided for the adoption of dyarchy at the Centre dividing federal subjects into reserved & transferred. However this provision did not come into operation
Introduced bicameralism in 6/11 provinces with many restrictions
Separate electorates for depressed classes ,women and labour
Abolishing the Council of India (formed by Govt of India Act 1858) The secretary was provided with a team of advisors
Extended franchise – 10 % of the total population got the voting right
To control the currency and credit, It provided for the establishment of a RBI
provided for the establishment of not only Federal Public Service Commission, but also a Provincial Pub. Service Commission and Joint Pub. Service Commission
Provided for Establishment of Federal Court set up in 1937.

INDIAN INDEPENDENCE ACT OF 1947

February 20, 1947 the British PM Clement Atlee declared that the British rule in India would end by June 30,1948
Muslim League agitated and demanded partition of the country
June 3, 1947 Mount Batten put forth partition plan which was accepted by Congress and the Muslim League
Immediate effect was given to the plan by enacting the Indian Independence Act (1947).

FEATURES

Ended British rule in India and partitioned India into two dominions of India and Pakistan
Abolished the office of Viceroy and provided, for each dominion, a Governor General
Empowered the constituent assemblies to frame constitution and to repeal any act of British Parliament including Independence Act itself
Abolished Secretary of State for India and transferred his functions to the Secretary of State for Commonwealth Affairs
Proclaimed the lapse of British paramount
Granted freedom to the Indian princely states either to join India or Pakistan or to remain independent.
Governance by the Government of India Act of 1935, till the new Constitutions were framed
Designated the Governor-General of India and the provincial governors as constitutional heads of the states

At the stroke of midnight of 14-15 August, 1947, the British rule came to an end and power was transferred to the two new independent Dominions of India and Pakistan

Jawaharlal Nehru – first PM of India

Mount Batten – First Governor General of new Dominion India

Rajagopalachari – Last Governor General

CHAPTER 2

MAKING OF THE CONSTITUTION

DEMAND FOR A CONSTITUENT ASSEMBLY

1934 – M.N. Roy proposed idea of constituent assembly for India
1935 – INC officially demanded Constituent Assembly to frame the Constitution of India
1938 – Nehru on behalf of the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise’
Demand accepted in August Offer of 1940
1942 – Sir Stafford Cripps, came to India with a draft proposal of the British Govt. on the framing of an independent Constitution adopted after the WW II. The Cripps Proposals were rejected by the Muslim League
Finally, a Cabinet Mission was sent to India and constituent assembly was constituted in November 1946.

COMPOSITION OF THE CONSTITUENT ASSEMBLY

Total strength – 389
296 seats – British India (292 from 11 Governor’s provinces & 4 from Chief Commissioners provinces)
93 seats – Princely states
Seats to be allotted in proportion to their respective population. Roughly 1 seat for every million population
The representatives of each community àselected by members of same community
Election Method àProportional representation by single transferable vote
Seats of British province àdivided among 3 communities ( Muslim, Sikhs & General)
Representatives of princely states ànominated by heads of Princely states
Constituent Assembly Elections àINC – 208 seats, Muslim League – 73 seats, 15 – small groups & independents, 93 vacant seats – princely states didn’t join.

Working of the Assembly

Constituent Assembly’s 1^stmeeting à Dec 9, 1946
Only 211 members attended as Muslim League boycotted the meeting demanding Pakistan
Sachchidanand Sinha àtemporary President
Later, Dr. Rajendra Prasad àPresident
C. Mukherjee & V.T. Krishnamachari àVice Presidents

Objectives Resolution

December 13, 1946 à Jawaharlal Nehru moved the historic ‘Objectives Resolution’ which reflected in our Preamble. Key points are as follows:

Constituent Assembly declares India as an Independent Sovereign Republic and todraw a constitution for future governance
India shall be Union of States
All powers and authority are derived from people
All people are guaranteed to Justice, Liberty and Equality
Adequate safeguards shall be provided for minorities, backward and depressed
Maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations
State shall contribute to promotion of world peace and the welfare of mankind.

CHANGES BY THE INDEPENDENCE ACT

The Assembly was made a fully sovereign body framing any constitution
Became a legislative body àthus 2 functions àmaking of the Constitution & enacting of ordinary laws

As Constituent body – Dr. Rajendra Prasad chaired

As Legislative body – G.V. Mavlankar chaired

The Muslim League members (from Pakistan region) withdrew from constituent assembly resulting strength from 389 to 299
The strength of the Indian provinces (former British Provinces) was reduced from 296 to 229 and princely states from 93 to 70.

OTHER FUNCTIONS PERFORMED

May 1949 – ratified India’s membership in Commonwealth
July 22, 1947 – adopted the national flag
January 24, 1950 – adopted the national anthem & national song
January 24, 1950 – elected Dr. Rajendra Prasad as the first President of India
- It had 11 sessions over two years, 11 months and 18 days
- Constitution-makers undergone 60 countries constitution
- Draft Constitution àconsidered for 114 days
- Total expenditure àmaking the Constitution à ₹64 lakhs

January 24, 1950, the Constituent Assembly held its final session but continued as the provisional parliament till formation of new parliament after 1^st election (1951-52)

MAJOR COMMITTEES

Union Powers Committee – Jawaharlal Nehru
Union Constitution Committee -Nehru
Provincial Constitution Committee -Sardar Patel
Drafting Committee – Dr. B.R. Ambedkar
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel (5 Sub-committees)
Rules of Procedure Committee – Dr. Rajendra Prasad
States Committee (For negotiation) – Nehru
Steering Committee – Dr. Rajendra Prasad

MINOR COMMITTEES

Finance and Staff Committee – Dr. Rajendra Prasad
Credentials Committee – Alladi Krishnaswami Ayyar
House Committee – B. Pattabhi Sitaramayya
Order of Business Committee – Dr. K.M. Munshi
Ad-hoc Committee on the National Flag – Dr. Rajendra Prasad
Committee on the Functions of the Constituent Assembly G.V. Mavalankar
Ad-hoc Committee on the Supreme Court – S. Varadachari
Committee on Chief Commissioners’ Provinces – B. Pattabhi Sitaramayya
Expert Committee on the Financial Provisions of the Union Constitution -Nalini Ranjan Sarkar
Linguistic Provinces Commission – S.K. Dar
Special Committee to Examine the Draft Constitution Jawaharlal Nehru
Press Gallery Committee – Usha Nath Sen
Ad-hoc Committee on Citizenship – S. Varadachari

DRAFTING COMMITTEE – Set up on August 29, 1947 & COMPRISED 7 members

B.R. Ambedkar (Chairman)
Gopalaswamy Ayyangar
Alladi Krishnaswamy Ayyar
K.M. Munshi
Syed Mohammad Saadullah
Madhava Rau ( replaced B.L. Mitter resigned due to ill-health)
T. Krishnamachari (He replaced D.P. Khaitan who died in 1948)

AMBEDKAR

Father of Constitution of India
Chief Architect of Consitution of India
Modern Manu

ENACTMENT OF CONSTITUTION

First draft of Constitution was published in February 1948
After 8 months, second draft was published in October, 1948 with public comments
B.R. Ambedkar introduced the final draft on November 4, 1948 (first reading)
The second reading (clause by clause consideration) started on November 15, 1948, and ended on October 17, 1949.
At this stage, 7653 amendments were proposed and 2473 were actually discussed.
The third reading of the draft started on November 14, 1949.
Ambedkar moved a motion–‘the Constitution as settled by the Assembly be passed’.
The motion on Draft Constitution was declared as passed on November 26, 1949
The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules.

ENFORCEMENT OF THE CONSTITUTION

Some provisions pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949, itself.
The remaining provisions came into force on January 26, 1950 & This day – date of its commencement & Republic day
January 26, 1930 – Purna Swaraj Day celebrated following Lahore session resolution (Dec 1929)

CRITICISMS OF THE CONSTITUENT ASSEMBLY

Not a Representative Body ( as not directly elected by people)
Not a Sovereign Body ( as created by proposals of British govt)
Time Consuming ( American Constitution – took only 4 months to frame & Naziruddin Ahmad called Drafting Committee as Drifting Committee)
Congress Domination (Granville Austin remarked “The Constituent Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India”)
Lawyer – Politician Domination
Dominated by Hindus (Lord Viscount Simon called it ‘a body of Hindus’ & Winston Churchill commented it represented ‘only one major community in India’)

CHAPTER 3

SALIENT FEATURES OF THE CONSTITUTION

Though borrowed from every constitution of the world, it has several unique features that distinguishes it from other countries’ constitution

Important amendments – 7th, 42nd, 44th, 73rd, 74th, 97th and 101st Amendments.
42^ndCAA – Mini Constitution
In the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution

Salient Features

Lengthiest Written Constitution

Original Constitution – 395 articles, 22 parts & 8 schedules
Presently – 470 Articles, 25 parts & 12 schedules
4 factors for elephantine size – Geographical vastness, Historical (bulky GOI Act 1935), Single Constitution, Dominance of Legal luminaries.

GOI ACT 1935	British	US	Irish	Canada
Federal Scheme	Parliamentary Government	Independent Judiciary	DPSP	Federation with a strong centre (Quasi-Federal)
Office of governor	Prerogative writs	Fundamental Rights	Nomination of members to Rajya Sabha	Appointment of State Governors by Centre
Judiciary	Bicameralism	Judicial Review	Method of Election of President	Residual powers
Public Service Commission	Legislative procedure	President impeachment		Advisory Jurisdiction of SC
Emergency provisions	Single citizenship	Removal of SC & HC judges
Administrative details	Cabinet system	Post of Vice President
	Rule of Law
	Parliamentary Privileges

Blend of Rigidity & Flexibility

Rigid Constitution – special procedure for amendment (Eg. America)
Flexible Constitution – as same as ordinary laws made (Eg. British)
Indian Constitution is a blend of both rigidity & Flexibility. Art.368 and two types of amendments
Some provisions – special majority of the Parliament, i.e., a two-third majority

Some other provisions – special majority + ratification by half of the total states

Some provisions can be amended by a simple majority of the Parliament in the manner of ordinary legislative process which don’t come under Art. 368.

Federal System with Unitary Bias

Federal features: Two Government, division of powers, written Constitution, supremacy of Constitution, rigidity of Constitution, independent judiciary and bicameralism
Non-federal Features ( Unitary) : a strong Centre, single Constitution, single citizenship, flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions & so on
Term ‘Federation’ has nowhere been used in the Constitution
Article 1 – describes India as a ‘Union of States’ which implies two things: one, Indian Federation is not the result of an agreement by the states; and two, no state has the right to secede from the federation
Descriptions of Indian Constitution :
- ‘federal in form but, unitary in spirit’, ‘quasi-federal’ àC. Wheare
- ‘bargaining federalism’ àMorris Jones & ‘co-operative federalism’ à Granville Austin
- ‘federation with a centralizing tendency’ -> Ivor Jennings.

Parliamentary Form of Govt. – based on cooperation b/w legislature and executive

India opted for British parliamentary form of govt. also known as Westminster form establishing parliamentary system both in Centre and State.
Differences : India – elected head (Republic) , Britain – hereditary head (Monarchy) and Indian parliament is not a sovereign body like British
Similarity – Prime Minister performs crucial role, hence “Prime Ministerial Govt.”
Features of Parliamentary govt. in India:
- Presence of nominal & real executives
- Majority Party Rule
- Collective responsibility of executive to legislature
- Leadership of PM / CM
- Dissolution of lower house.

Synthesis of Parliamentary Sovereignty & Judicial Supremacy

The doctrine of sovereignty of Parliament àBritish Parliament while the principle of judicial supremacy à American Supreme Court
American Constitution provides ‘due process of law’ but Indian Constitution – ‘procedure established by law’
Synthesis: The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.

Integrated & Independent Judiciary

In America, federal laws enforced by federal judiciary & state laws enforced by state judiciary. In India single system of court enforces both central and state laws.
System of Courts: SC àHC à Subordinate Courts (District & lower courts)
Provisions ensuring Independence
- security of tenure of the judges
- fixed service conditions for the judges
- all the expenses of the Supreme Court charged on the Consolidated Fund of India
- prohibition on discussion on the conduct of judges in the legislatures
- ban on practice after retirement
- power to punish for its contempt vested in the Supreme Court
- separation of the judiciary from the executive.

Fundamental Rights – Part III ensures 6 fundamental rights which can be restored if violated by five writs through SC. FR are not absolute but subject to reasonable restrictions.

They are not sacrosanct and can be curtailed by Constitutional Amendment Act.
Can be suspended during National emergency except Art. 21 & 22.

DPSP

Ambedkar calls DPSP as Novel Featureof Indian Constitution
3 categories – Socialistic, Gandhian & Liberal-intellectual
Meant for promoting the ideal of social and economic democracy and establish ‘welfare state’
Minerva Mills case (1980) – the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles

Fundamental Duties

Original Constitution – no Fundamental Duties. It was added during the operation of internal emergency by 42^ndCAA of 1976 on recommendation of Swaran Singh Committee
86^thCAA 2002 added one more Fundamental duty
However, DPSP and Fundamental duties are non justiciable in nature.

Secular State

The term ‘Secular’ was added to the Preamble of the Indian Constitution by the 42^ndCAA of 1976
Preamble secures to all citizens of India liberty of belief, faith and worship
Article 14,15,16,25,26,27,28,29,30,44 reveals the secular character of Indian Constitution
Western Concept of Secularism – A complete separation between religion (the church) and the state (the politics) – (negative concept)
Indian Concept of Secularism – Giving equal respect to all religions or protecting all religions equally – (positive concept).

Universal Adult Franchise

Universal Adult Franchise àbasis of election to Lok Sabha
Citizen who completed 18 years has the right to vote without any discrimination of race, religion, caste, sex , literacy, wealth and so on
In 1989, by 61^stCAA voting age reduced from 21 to 18 years

Single Citizenship

Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship.
USA – dual citizenship & citizens enjoy rights both by National govt. and State govt.
In India, all citizens irrespective of their state enjoy the same political and civil rights of citizenship and no discrimination is made between them.

Independent Bodies

Election Commission – to ensure free and fair elections
Comptroller and Auditor-General (CAG) of India – audit accounts of the Central and state govt.
- CAG acts as Guardian of Public Purse
Union Public Service Commission – conduct exams to recruit to all-India services
State Public Service Commission – conduct examins to recruit to state services and to advice the governor on disciplinary matters.
Ensures the independence by various provisions like security of tenure, fixed service conditions, expenses being charged on the Consolidated Fund of India, and so on.

Emergency Provisions – 3 types of emergency
352 – National emergency on the ground of war or external aggression or armed rebellion
State emergency (President’s Rule) on the ground of failure of Constitutional machinery in the states (Art.356) or failure to comply with the directions of the Centre (Art. 365)
Financial emergency on the ground of threat to the financial stability or credit of India (Article 360).

During an emergency, the Central Govt. becomes all powerful and the states go into the total control of the centre i.e., federal to unitary without amendment.

Three – tier Government

Originally, the Indian Constitution provided for a dual polity
Later, the 73^rd and 74^th CAA 1992 – added third tier of Govt. (Local Govt.) which is not found in any other Constitution
The 73^rdCAA 1992 à constitutional recognition à panchayats (rural local governments)
- Newly added Part IX & Schedule 11
The 74^thCAA 1992 à constitutional recognition à municipalities (urban local govt)
- Newly added Part IX – A & Schedule 12

Co-operative Societies

The 97^th CAA 2011 àconstitutional status, protection to co-operative societies and made 3 changes.

It made the right to form co-operative societies a fundamental right (Article 19).
It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
It added a new Part IX-B in the Constitution entitled as “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

CRITICISMS

Un-Indian or Anti Indian – doesn’t reflect the political tradition and spirit of India. Criticism from members of Constituent Assembly are as follows:
1. Hanumanthaiya – We wanted the music of Veena or Sitar, but here we have the music of an English band. That was because our Constitution-makers were educated that way
2. Lokanath Misra – slavish imitation of the west, much more – a slavish surrender to the west
3. Lakshminarayan Sahu – The ideals on which this draft Constitution is framed have no manifest relation to the fundamental spirit of India. This Constitution would not prove suitable and would break down soon after being brought into operation
A Carbon Copy of the 1935 Act
1. Srinivasan – both in language and substance a close copy of the Act of 1935
2. Ivor Jennings – the Constitution derives directly from the Government of India Act of 1935 from which, in fact, many of its provisions are copied almost textually
3. R. Deshmukh, a member of Constituent Assembly, – “the Constitution is essentially the Government of India Act of 1935 with only adult franchise added
4. While answering criticism, one of the points of Ambedkar is “Nobody holds any patent rights in the fundamental ideas of a Constitution. What I am sorry about is that the provisions taken from the Government of India Act, 1935, relate mostly to the details of administration”
5. A Borrowed Constitution

Criticisms – Bag of Borrowings, Hotch potch constitution & Patch of several documents of the world Constitutions. However, these are illogical as framers made necessary modifications and suitability to India

An Un-Gandhian Constitution

To critics, the Indian Constitution is un-Gandhian because it does not contain the philosophy and ideals of Mahatma Gandhi
Hanumanthaiya – That is exactly the kind of Constitution Mahatma Gandhi did not want and did not envisage
Prakasam – attributed this lapse to Ambedkar’s non-participation in the Gandhian movement and the antagonism towards the Gandhian ideas

Elephantine Size – too bulky, too detailed and contains some unnecessary elements

Sir Ivor Jennings – provisions borrowed were not always well-selected
In general, too long and complicated

Paradise of the Lawyers

To critics, the Indian Constitution is too legalistic and very complicated
Sir Ivor Jennings à“lawyer’s paradise”.

CHAPTER 4

PREAMBLE OF THE CONSTITUTION

N.A. Palkhivala – Preamble –Identity Card of the Constitution

Preamble amended by 42^nd CAA 1976 added three new words

SOCIALIST, SECULAR & INTEGRITY

Four Components of Preamble

Source of authority: The Preamble states that the Constitution derives its authority from the people of India.
Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic and republican polity.
Objectives : It specifies justice, liberty, equality and fraternity as the objectives.
Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

“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”.

SOVEREIGN

‘Sovereign’ implies India is independent state, there’s no authority above it
It is free to conduct its own affairs both internally and externally
Being a member and accepting British crown as head of Commonwealth with extra-constitutional declaration doesn’t affect its Sovereignty
Being a member of UNO doesn’t limit sovereignty
Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.

SOCIALIST

The implicit Socialist content in the form of certain DPSP was made explicit by 42^ndCAA 1976 by adding the term ‘Socialist’ in Preamble
India follows ‘Democratic Socialism’ and not ‘Communistic Socialism’
Communist Socialism – nationalisation of all means of production , distribution and the abolition of private property
Democratic Socialism – holds faith in a ‘mixed economy’ where both public and private sectors co-exist
In SC case, G.B Pant University of Agriculture and Technology vs. State of Uttar Pradesh(2000), SC stated ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.
In Nakara vs. Union of India, SC stated Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism’
The new Economic Policy (1991) of liberalisation, privatisation and globalisation has diluted the socialist credentials of the Indian State.

SECULAR

SC stated in 1974, although the words ‘Secular State’ was not mention, Art. 25-28 guarantying Freedom of Religion as FR embodies the secularism concept of Constitution framers.
Added by 42^ndCAA 1976 & India follow positive concept of Secularism

DEMOCRATIC

Democracy 2 types àDirect & Indirect
Direct Democracy àPeople exercise Supreme Power (eg. Switzerland)
4 Devices of Direct Democracy àReferendum, Initiative, Recall and Plebiscite
Indirect Democracy àrepresentatives elected by the people exercise the supreme power
Indirect Democracy = representative democracy, is of two kinds–parliamentary and presidential.
The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.
The term Democracy embraces, Socio, Economic and Political Democracy
In 1997, SC observed, “The Constitution envisions to establish an egalitarian social order rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic”.

REPUBLIC : Democratic Polity – two categories – Monarchy and Republic

India has an elected head called the president for 5 year term exhibiting Republic
Republic exhibits two more meaning: 1. vesting of political sovereignty in the people 2. the absence of any privileged class.

JUSTICE

Socio, Economic, Political Justice secured through provisions of FR and DPSP
Social Justice – absence of privilege to any particular section of society and equal treatment of all citizens without any discrimination
Economic Justice – non-discrimination on basis of economic factors
A combination of social and economic justice denotes ‘Distributive Justice’
Political Justice – Equal political rights, equal access to all political offices and equal voice in govt.
The ideal of justice–social, economic and politicalàRussian Revolution (1917).
- LIBERTY
Liberty àAbsence of restraints & providing opportunities for the development of individual personalities
The Preamble secures liberty of thought, expression, belief, faith and worship
The ideals of liberty, equality and fraternity àthe French Revolution (1789–1799).

EQUALITY

Equality – Civic, Political, Economic equality
Civic Equality is ensured by Art. 14-18 (Right to Equality – FR)
Political Equality – Art. 325 ( no discrimination in electoral rolls) , 326 ( election basis adult franchise)
Economic Equality – Art. 39 (Equal pay for equal work)

FRATERNITY

Fraternity means a sense of brotherhood
51-A – duty to spread harmony and common brotherhood
The Preamble declares ‘fraternity to assure– the dignity of the individual and the unity and integrity of the nation’.
The word ‘Integrity’ added by 42^ndCAA 1976.

SIGNIFICANCE OF PREAMBLE – some descriptions

Sir Alladi Krishnaswami Iyer- ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’
M. Munshi – the Preamble is the ‘horoscope of our sovereign democratic republic’
Sir Ernest Barker – described the Preamble as the ‘key-note’.

PREAMBLE AS A PART OF CONSTITUTION

In the Berubari Union case (1960), SC despite recognition of the significance of the Preamble, specifically opined that Preamble is not a part of the Constitution
In the Kesavananda Bharati vs. State of Kerala case (1973), the SC rejected the earlier opinion and held that Preamble is a part of the Constitution.
Again in the LIC of India case (1995) the SC held that the Preamble is an integral part of the Constitution.

Two Things to note:

The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
It is non justiciable, i.e., its provisions are not enforceable in courts of law.

AMENDABILITY

In the historic Kesavananda Bharati Case 1973, the question of amenability of Preamble arose.
SC held that the basic elements or the fundamental features of the Constitution as containedin the Preamble cannot be altered by an amendment under Article 368.
So far, amended only one, adding 3 words in 1976 by 42^ndCAA which was held as valid amendment

CHAPTER 5

UNION AND ITS TERRITORY

1^st Schedule mentionsThe names of states, Uts & territorial extent

1 Name and territory of the Union
2 Admission or establishment of new states (not part of India)
2A. Sikkim to be associated with the Union– (Repealed)
3. Formation of new states and alteration of areas, boundaries or names of existing states (part of India)
4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

Article 1 describes India, that is, Bharat as a ‘Union of States’
As some suggested Bharat and others India, the Constituent Assembly adopted blend of traditional and modern name ”India, that is, Bharat”
Though Federal in structure, the country is described as ‘Union’. Two reasons by Ambedkar
- The Indian Federation is not the result of an agreement among the states like the American Federation
- The states have no right to secede from the federation
According to Art.1 àterritory of India à 3 categories
- Territories of the states
- Union territories
- Territories that may be acquired by the Govt. of India
special provisions – Under Part XXI – to Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunanchal Pradesh, Goa and Karnataka – to override the general provisions
5^th& 6^th Schedules contain separate provisions à administration of Scheduled areas &Tribal Areas
‘Territory of India’ – wider expression as it includes States, Uts and territories acquired by India than ‘Union of India’ which includes only States
States àshare a distribution of powers with the Centre
UT àDirect administration by Central Govt.
Can acquire Foreign territories by cession (treaty, purchase, gift, lease or plebiscite), occupation, conquest or subjugation.

At present, 28 States & 8 Union Territories

ART 2: Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Grants 2 powers: 1. Power to admit new states into the Union of India & 2. Power to establish new states
ART 3 authorizes the Parliament to:
(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state;
(b) increase the area of any state
(c) diminish the area of any state
(d) alter the boundaries of any state
(e) alter the name of any state.
3 à2 conditions
- A bill contemplating changes – introduced in the Parliament only with the prior recommendation of the President
- President has to refer it to concerned state legislature to express views within specific period before recommendation
However, Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
e., the Parliament can redraw the political map of India according to its will
Therefore, India à‘an indestructible union of destructible states’
Whereas America can’t form or alter states and so called as ‘an indestructible union of indestructible states.’
4 itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
e., Laws made under ART.2&3 can be passed by a simple majority and ordinary legislative process

BERUBARI CASE

The question whether Parliament under ART.3(Diminish) includes power to cede Indian territory to a foreign country came up with Presidential reference (Art.143) before Supreme Court.
SC held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country.
only by amending the Constitution under Article 368 – territory can be ceded
9th CAA (1960) was enacted to transfer the said territory to Pakistan.
In 1969, SC ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment and can be done by executive action as it does not involve cession of Indian territory to a foreign country.

EXCHANGE OF TERRITORIES WITH BANGLADESH

100th CAA (2015) enacted to give effect to the acquiring and transferring territories between India and Bangladesh
Under this deal, India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India. In addition, the deal also involved the transfer of adverse possessions and the demarcation of a 6.1 km un-demarcated border stretch.

BACKGROUND OF AMENDMENT

The India-East Pakistan land boundary was determined By Radcliffe Award of 1947
Disputes arose resolved through the Bagge Award of 1950.
Another effort – Nehru-Noon Agreement of 1958
However, as a result of Present reference & SC opinion – 9^thCAA passed but due to the continuous litigation and other political developments it could not be notified
On May 16, 1974, the Agreement between India and Bangladesh was signed to find a solution to the border demarcation but not ratified a amendment was required
Exchange of enclaves were identified and resolved by signing a Protocol on September 6, 2011, which forms an integral part of the Land Boundary Agreement between India and Bangladesh, 1974

INTEGRATION OF PRINCELY STATES

India – 2 categories of Political Unitsà the British provinces ii. he princely states
Of the 552 princely states \within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused.
However, they were also integrated with India–Hyderabad by police action, Junagarh by referendum and Kashmir by the Instrumentof Accession.
In 1950, the Constitution contained a four-fold classification of the states and territories
Part A – 9 Governor’s Provinces
Part B – 9 Princely States with Legislatures
Part C – Chief Commissioner’s Provinces & some Princely states
Part D – Andaman and Nicobar Islands

DHAR COMMISSION AND JVP COMMITTEE

An ad hoc arrangement – Integration of Princely states with rest India
demand for reorganization of states on linguistic basis arised
In June 1948, the Indian Govt. appointed the Linguistic Provinces Commission under the chairmanship of S.K. Dhar
Dhar Commission recommended thereorganization of states on the basis of administrative convenience rather than linguistic factor and submitted reports in Dec. 1948
This created resentment and in Dec. 1948 itself, another Linguistic Provinces Committee was appointment with members as Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya (JVP Committee)
Submitting its report in April 1949, it formally rejected language as the basis for reorganization
In Oct. 1953, due to prolonged agitations and death of Potti Sriramulu, a Congress person of standing, after a 56-day hunger strike forced Indian Govt. to create first linguistic state – Andhra
It was created by separating Telugu speaking areas from the Madras state

FAZL ALI COMMISSION

The creation of Andhra state àintensified the demand from other regions for creation of states on linguistic basis
Indian Government àin December, 1953 appointed States Reorganization Committee (3 members) à Fazl Ali (Chairman), K.M. Panikkar , H.N. Kunzru
Submitted report in September 1955 – accepted language as the basis of reorganisation of states But rejected the theory of ‘one language-one state’
Four Factors :
(a) Preservation and strengthening of the unity and security of the country.
(b) Linguistic and cultural homogeneity.
(c) Financial, economic and administrative considerations.
(d) Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.
Suggested the abolition of the four-fold classification and all these were accepted with minor modifications
By the States Reorganisation Act (1956) and the 7th CAA (1956) were made and as a result, 14 states and 6 union territories were created on November 1, 1956
It established Kerala state merging Travancore – Cochin State with Malabar (Madras) and Kasargode (of South Canara)
Merged Telugu speaking areas of Hyderabad with Andhra creating Andhra Pradesh
Madya Pradesh àMadya Bharat + Vindya Pradesh + Bhopal
Merged Saurashtra State + Kutch into Bombay and Coorg into Mysore State
The Patiala + East Punjab States Union (Pepsu) into Punjab state and Ajmer into Rajastan
Moreover, created new Union Territory of Laccadive, Minicoy and Amindivi Islands from theterritory detached from the Madras state.

New States and Union Territories Created After 1956

Maharashtra and Gujarat

In 1960, the bilingual Bombay

In 1960, the bilingual Bombay divided –Maharashtra for Marathi speaking and Gujarat for Gujarati speaking people. Gujarat -15th state.
Dadra and Nagar Haveli
Portuguese ruled until its liberation in 1954.
Subsequent administration carried by an administrator chosen by the people till 1961.
Converted into a Union Territory of India by the 10th CAA, 1961.

Goa, Daman and Diu
India acquired from the Portuguese by means of a police action in 1961.
Constituted àas a union territory by the 12th CAA, 1962.
1987 – Goa was conferred a statehood. Consequently, Daman and Diu àseparate union territory.

Puducherry

The former French establishments comprises – Puducherry, Karaikal, Mahe and Yanam as Puducherry
The French handed over this territory to India in 1954.
Administered as an ‘acquired territory’, till 1962 when it was made a union territory by 14th CAA.
Nagaland (16^thState)
Till 1961 – placed under the control of governor of Assam
In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang area out of Assam.
Why: to satisfy the movement of the hostile Nagas.
Haryana, Chandigarh and Himachal Pradesh
1966 àPunjab bifurcated àHaryana 17^th state & Chandigarh (UT)
Demand for a separate ‘Sikh Homeland’ (Punjabi Subha) raised by the Akali Dal (Master Tara Singh leadership).
Shah Commission (1966) à recommendation:
Punjabi-speaking areas à unilingual state of Punjab
The Hindi-speaking areas into Haryana and the hill areas were merged àHimachal Pradesh.
1971 – the union territory of Himachal Pradesh was elevated to the status of a state (18th state of the Indian Union).

Manipur, Tripura and Meghalaya

1972 – the two union territories of Manipur and Tripura and the sub-state of Meghalaya got statehood
2 UT of Mizoram and Arunachal Pradesh (originally North-East Frontier Agency–NEFA) came into being.
Initially, the 22nd CAA (1969) created Meghalaya as an ‘autonomous state’ or ‘sub-state’ within the state of Assam but did not satisfy the aspirations of the Meghalaya people.
[UT of Mizoram and Arunachal Pradesh were also formed out from territory of Assam]

Sikkim

Till 1947, Sikkim àIndian princely state ruled by Chogyal and 1947 – Sikkim became a ‘protectorate’ of India
As it expressed desire for greater association with India in 1974, 35th CAA (1974) – conferred the status of an ‘associate state’ of the Indian Union
For this, Art. 2-A and a new schedule (10th Schedule containing the terms and conditions of association) were inserted in the Constitution
Without satisfaction of Sikkim people, referendum was held in 1975
People voted for abolishing Chogyal institution and Sikkim becoming an integral part of India
Consequently, the 36th CAA (1975) àSikkim a full-fledged state
36^thCAA amended the 1^st & 4^th Schedules and added a new Article 371-F to provide for certain special provisions to Sikkim administration.
Repealed Article 2-A and the 10th Schedule that were added by the 35th Amendment Act of 1974.

Mizoram, Arunachal Pradesh and Goa

1987 – three new States of Mizoram, Arunachal Pradesh and Goa came into being
The Mizoram UT was conferred the status of a full state by signing ‘memorandum of settlement’ (Mizoram Peace Accord) in 1986 between the Central government and the Mizo National Front, (ending the two-decade-old insurgency).
From 1972 – Arunachal Pradesh was also a UT
Goa àcreated by separating the territory of Goa from the UT of Goa, Daman and Diu.

Chhattisgarh, Uttarakhand and Jharkhand

2000 – Chhattisgarh, Uttarakhand and Jharkhand àcreated from territories of Madhya Pradesh, Uttar Pradesh and Bihar, respectively.

Telangana

2014 – new state of Telangana came into existence (29^thState)
Andhra Pradesh Reorganisation Act (2014) bifurcated it into two separate states à the Andhra Pradesh (residuary) & the Telangana
Jammu & Kashmir and Ladakh
Till 2019 – Jammu and Kashmir had own constitution & enjoyed special status (by ART. 370)
2019 – special status abolished by Presidential Order – “TheConstitution (Application to Jammu and Kashmir) Order, 2019” superseding “The Constitution Order, 1954”
2019 Order – extended all the provisions of the Constitution of India to Jammu and Kashmir also.
However, the inoperative Article 370 remains in the text Indian Constitution.
Further, the Jammu and Kashmir Reorganisation Act, 2019, bifurcated it into two separate union territories as UT Jammu & Kashmir and the UT Ladakh.

CHANGE OF NAMES

1950 – The United Provinces renamed as ‘Uttar Pradesh’
1969 – Madras renamed as Tamil Nadu
1973 – Mysore renamed asKarnataka
1973 – Laccadive, Minicoy and Amindivi Islands renamed as ‘Lakshadweep’
1992 – Union Territory of Delhi àredesignated à National Capital Territory of Delhi (without full-fledged state status) by the 69^th CAA, 1991
2006 – Uttaranchal renamed as ‘Uttarakhand’
2006 – Pondicherry renamed as ‘Puducherry’
2011 – Orissa renamed as ‘Odisha’

Thus, the number of states and union territories increased from 14 and 6 in 1956 to 28 and 9 in 2019, respectively

Expected questions for Prelims 2025

1.Consider the following statements:

1.Sardar Vallabhai Patel moved the historic ‘Objectives Resolution’ in the constituent Assembly.

Majority of the provisions of the Constitution came into force on November 26, 1949.

Select the correct answer among the given options.

(a) Statement 1 is correct.

(b) Statement 2 is correct.

(d) Both Statement 1 and 2 are incorrect.

Answer –(d) Both Statement 1 and 2 are incorrect.

Explanation:

Statement 1 is incorrect:

On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure.

Statement 2 is incorrect:

Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949, itself. The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.

2.Consider the following statements:

The power of Parliament to amend the constitution is unlimited.
The Constitution of India reflects the lived realities of Constitution makers.

Select the correct answer among the given options.

(a) Statement 1 is correct.

(b) Statement 2 is correct.

(d) Both Statement 1 and 2 are incorrect.

Answer –(b) Statement 2 is correct.

Explanation:

Statement 1 is incorrect:

The power of Parliament to amend the constitution is not unlimited.

99 th constitutional amendment struck down by the Supreme Court as Unconstitutional.

Statement 2 is correct:

The Constitution of India reflects the lived realities of Constitution makers.

Strong Centre in wake of Partition horrors

Directive principles to uplift downtrodden sections.

3.Which of the following Constitutional amendments amended the preamble of Indian Constitution ?

(a) 41st Constitutional amendment

(b) 42nd Constitutional amendment

(d) 44th Constitutional amendment

Answer –(b) 42nd Constitutional amendment

Explanation:

42nd Constitutional amendment, 1976 added three new words socialist, secular, Integrity to the preamble of the constitution.

Consider the following statements:

Statement-I: India is an indestructible union of destructible states.

Statement-II: Parliament can reorganise the states even against the will of affected states .

Which one of the following is correct in respect of the above statements?
(a) Both Statement-1 and Statement-II are correct and Statement-II is the correct explanation for Statement-1 .

(b) Both Statement-1 and Statement-II are correct and Statement-II is not the correct explanation for Statement-1

(d) Statement-I is incorrect but Statement-II is correct

Answer – (a) Both Statement-1 and Statement-II are correct and Statement-II is the correct explanation for Statement-1 .

Explanation:

Article 1 describes India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.

Article 3 authorises the Parliament to:

(a) form a new state by separation of territory from any state or

by uniting two or more states or parts of states or by uniting

any territory to a part of any state;

(b) increase, diminish the area of any state;

Destructible states

E.g Bifurcation of Andhra Pradesh in 2014.

Downgrading & bifurcation of state of J&K as Union Territory.

Which of the following amendments was made to give effect to the Land Boundary Agreement between India and Bangladesh?

(a) 44th Constitutional amendment

(b) 86th Constitutional amendment

(d) 100th Constitutional amendment

Answer – (d) 100th Constitutional amendment

Explanation:

The 100th Constitutional Amendment Act (2015) was enacted to give effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh. Under this deal, India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.

Previous Year UPSC Polity Questions with Solutions [2013-2024]

UPSC CIVIL SERVICE EXAM

PARIVARTHAN

Anthropology Optional :

Our App