Sunday, 3 March 2013

THE CONSTITUTION OF INDIA



            The Constitution, in its current form (September 2012), consists of a preamble, 25 parts containing 463  articles, 12 schedules, 2 appendices and 97 amendments to date (latest being related to co-operative societies added in part IX(B) in 2012). Although it is federal in nature it also has a strong unitary bias.
Parts
The individual Articles of the Constitution are grouped together into the following Parts:
1.    
1     -   4
2.    
Part II
5     -  11
3.    
12   -  35
4.    
Part IV
36   -  51
5.    
Part IVA     
51 A
6.    
Part V
The Union.
52   -  151
7.    
Part VI
The States.
152 -  237
8.    
Part VII
States in the B part of the First schedule(Repealed).
238
9.    
Part VIII
The Union Territories
239 - 242
10.     
Part IX
The Panchayats.
243 – 243O
11.     
Part IXA    
The Municipalities.
243P-24ZG3
12.     
Part IXB    
The Cooperative Societies

13.     
The scheduled and Tribal Areas
244 – 244A
14.     
Relations between the Union and the States.
245 - 263
15.     
Finance, Property, Contracts and Suits
264 – 300A
16.     
Trade and Commerce within the territory of India
301 - 307
17.     
Services Under the Union, the States.
308 - 323
18.     
Part XIVA
Tribunals.
323A-323B
19.     
Elections
324 – 329A
20.     
Special Provisions Relating to certain Classes.
330 - 342
21.     
Languages
343 - 351
22.     
Emergency Provisions
352 - 360
23.     
Miscellaneous
361 - 367
24.     
Amendment of the Constitution
368 -
25.     
Temporary, Transitional and Special Provisions
369 - 392
26.    

Short title, date of commencement,
Authoritative text in Hindi and Repeals
393 – 395




Schedules
Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.
First Schedule
·        (Articles 1 and 4)
·        This lists (names) the states and territories of India,
·        lists any changes to their borders and the laws used to make that change.
Second Schedule
·        (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 ,221) 
·        This lists the salaries of officials holding public office, judges, and Comptroller and Auditor General of India.
Third Schedule
·        (Articles 75, 99, 124, 148, 164, 188 and 219)
·        Forms of Oaths – This lists the oaths of offices for elected officials and judges.
Fourth Schedule
·        (Articles 4 and 80)
·        This details the allocation of seats in the Rajya Sabha (the upper house of Parliament) per State or Union Territory.
Fifth Schedule
·        (Article 244)
·        This provides for the administration and control of Scheduled Areas and Scheduled Tribes (areas and tribes needing special protection due to disadvantageous conditions).
Sixth Schedule
·        (Articles 244 and 275)
·        Provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh Schedule
·        (Article 246)
·        Division of powers between center and state
·        The union (central government), state, and concurrent lists of responsibilities.

Eighth Schedule
·        (Articles 344 and 351)
·        The official languages. Recognised are 22
·        Recognised languages at the time of 1950 are 14
Assame, Bengali, Oriya, Telugu, Tamil, Kannada,
Malayalam, Marathi, Gujarathi, Punjabi (Gurumukhi),
Kashmiri, Urdu, Hindi, Sanskrit.
·        1967 – 21st Amendment Sindh was added as 15th language . A non-regional language.
·        1992 - 71 st Amendment
Konkani (Goa), Manipuri (Manipur),
Nepali (Darjeeling dist of WB), are added.
·        2003 – 92nd Amendment
Dongri (J&K), Santhali (Jharkhand), Maithili (Bihar), Bodo (Assam) are added.
Ninth Schedule
v  This schedule was addedby 1st Amendment in 1951 to protect the laws included in it from judicial scrutiny on the grounds of violation of Fundamental rights.
·         Land reform laws made by various states and special laws made by TN , AP, Kar.
·        Acts and Regulations in this schedule at present are 284 (originally 13)
·        In a landmark judgement in 2007, the Supreme Court of India held in I.R. Coelho v. State of Tamil Nadu and others that laws included in the 9th schedule can be subject to judicial review if they voilated the fundamental rights guaranteed under Article 14, 15, 19, 21 or the basic structure of the Constitutuion.
Tenth Schedule
(Articles 102 and 191)
·        "Anti-defection" provisions for Members of Parliament and Members of the State Legislatures.
·        This schedule was added by 52nd amendment act of 1985.
Eleventh Schedule
(Article 243-G)
Panchayat Raj (rural local government)
·        This schedule was added by 73rd amendment act of 1992
·        Specifies the powers, authority and responsibilities of panchayats
·        It has 29 matters
Twelfth Schedule
(Article 243-W)
 Municipalities (urban local government).
·        This schedule was added by 74th amendment act of 1992
·        Specifies the powers, authority and responsibilities of municipalities
·        It has 19 matters

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...