Important Types of Bills in Parliament/Types of Majority

 A Bill is a draft legislative proposal that becomes a Law upon enactment. Bills could be broadly classified into two ways:

1. On the basis of the source of origin:

 (1) Government Bill

It is also called Public Bill. It is a Bill introduced by a minister in the government. It is the primary method of legislation.

(2) Private Member Bill

• It is the bill introduced by a Member of Parliament who is not a minister.
• It is important to remember that a Bill introduced by a non-minister MP of even the ruling party is called Private Member Bill.
• Such bills can only be introduced and discussed on Fridays.

 2. On the basis of the procedure of passage of the Bill:

 (1) Ordinary Bill

• An ordinary bill does not require the recommendation of the President and can be introduced in either of the Houses.
• It needs only a simple majority and the second House may choose any of the following courses of action:

1. Pass the Bill
2. Reject the Bill
3. Propose Amendment to the Bill
4. No action
   In case the Bill is rejected or amendments which are not agreeable to the originating House are proposed or inaction for a period of 180 Parliamentary days, a deadlock is deemed to have emerged. Such a deadlock could be resolved by a joint sitting notified and summoned by President under article 108.
   Once notified, neither House shall proceed forth with the pending bill. When submitted to the assent of President. Such a deadlock could be resolved by a joint sitting notified and summoned by the President under article 108. Once notified, neither House shall proceed forth with the pending bill.
   When submitted for the assent of President, after due passage in the Parliament, he has the following options:

1. Give assent to the Bill and then it becomes a Law
2. Withhold assent
3. Exercise Suspensive Veto or
4. Exercise Pocket Veto

 (2) Money Bill

It is the bill which exclusively deals with one or more money matters under article 110 which are as follows:

1. Imposition, alteration or abolition of a tax
2. Borrowing of money by the government
3. Custody of Consolidated Fund of India or Contingency Fund of India
4. Deposit or withdrawal from the above mentioned funds
5. Appropriation of money out of consolidated fund of India
6. Receipt of money upon Consolidated Fund of India or Public Accounts of India
7. Declaring any expenditure as expenditure charged on the Consolidated Fund of India.

 Points to Remember about Money Bill

• A Money Bill can be introduced only in Lok Sabha and that too only after the recommendation of the President.
• It needs only a simple majorityand the speaker is required to certify it as a Money Bill prior to its transmission to Rajya Sabha.
• Rajya Sabha does not have the power to amend or reject the bill but it may suggest amendments.
• If Rajya Sabha does not pass the bill within 14 days the bill would be deemed as passed by the Rajya Sabha.
• Deadlock is not possible.
• The President may either give or withhold assent to Money Bill. But ordinarily he is expected to give his assent.
• The President cannot send a Money Bill back in the House is for reconsideration as per Article 111.

(3) Financial Bill

• It deals with non-money matters along with the money matters mentioned under article 110.
• The differences with Money Bill are:
  • Money Bill exclusively deals with money matters under article 110 only.
  • While the money is the sole purpose of a Money Bill, the primary objective of a Financial Bill in general is something else and money is only incidental to that objective.
• Financial bill requires prior recommendation of the President.
• It can be introduced only in Lok Sabhaand not in Rajya Sabha.
• However, the Rajya Sabha enjoys the same powers as are available in the case of an Ordinary Bill.
• Even a deadlock can be a possibilitywhich could be resolved by a joint sitting.

 (4) Constitutional Amendment Bill

• It is a bill to amend one or more provisions of the Constitution.
• Unlike money bill and financial bill it does not require prior recommendationof the President.
• It can be introduced in either of the Houses and would require special majorityfor passage in each House.
• There can be a deadlockbut for resolution there cannot be a joint sitting.
• If a constitutional amendment bill deals with the distribution of powers between Centre and States, it would require ratification bynot less than half of the States.
• Through the 24th Constitutional Amendment act 1971, it was ensured that the presidentshall give his assent to our Constitutional Amendment Bill duly passed by the Houses.

 Types of Majority

There are 4 main types of Majority. The last one being Special Majority that has 3 sub-types.

The most important Majorities will be Simple Majority and Special Majority of the 2nd kind. We will use current strength of the Lok Sabha = 545 in the examples to explain.

1. Absolute – More than 50% of the Total Strength of the House. Meaning

1/2 x 545 = 273 or more

This majority is never used anywhere but has a huge significance. If a political party has an Absolute Majority, it means it gets to form the govt., there is stability in the house.  

2. Simple – Also called functional majority. It means Majority of more than 50% of members present and voting.

Lets assume the members present and voting is 300 (out of 545). We have 

1/2 X 300 = 150 or more

Usage

• When not stated what type of Majority in the Constitution, this majority is assumed.
• Passage of Ordinary, Money and Financial Bills.
• Passage of No-Confidence Motion, Confidence Motion, Vote of Thanks to the President, Censure Motion, Adjournment Motion, Calling Attention Motion.
• Election of the Speaker, Dy. Speaker, Dy. Chairman of RS.
• Passage of approval to President’s Rule and Financial Emergency.
• Approval by LS for discontinuance of Emergency.

3. Effective– Means Majority of the Effective Strength of the House where Effective Strength is defined as Total Strength – No. of Vacancies. Vacancies arise due to 3 reasons – Death, Disqualification, Resignation. Some sources mention Absenteeism as a vacancy but that is incorrect.

Lets assume Number of Vacancies are 6. We have

1/2 X (545-6) = 270 or more

Usage

• Removal of the VP. Initiated by the RS, requires Effective Majority in the RS, thereafter Simple Majority in the LS.
• Removal of the Speaker, Dy. Speaker and Dy. Chairman of the Rajya Sabha.

4. Special– This majority has 3 sub-types that require some attention.

1st kind: Not less than 2/3 of the Members present and voting.

Usage (only in 2 conditions)

• Passage of Resolution under Art. 249 and Art. 312. 

 2nd kind : Fulfills the following criteria:

1. i) Not less than 2/3 of the Members present and voting.
2. ii) Majority of the Total Strength of the House.

Eg. Out of 545, 450 Members are present and 300 vote in favor. Both the above conditions are satisfied – 300 is more than 2/3 of 450 and 300 is more than 1/2 of 545.

To make it simpler to remember, it is

Special Majority of First kind + Absolute Majority.

Usage

• Passage of Constitutional Amendment Bills under Art. 368.
• Approval by both Houses for the continuance of Emergency.
• Removal of Judges of SC, High Court, CAG, CEC.
• Approval for the creation of State Legislative Council of a State under Art. 169.

3rd kind :  This is used only once – during the impeachment of the President of India. Is mentioned in Art. 61 of the Constitution.

2/3rd Majority of the Total Strength of the House.

2/3 X 545 = 364 or more

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Context

The Union Cabinet earlier this month has approved the continuation of over 1000 Fast Track Special Courts to ensure faster delivery of justice to victims of sexual offenses, as a centrally sponsored scheme for another two years.

What is the announcement?

• The decision offers continuation of 389 exclusive POCSO courts to expedite trials and provide immediate relief to minor girls who are victims of sexual crimes.
• The continuation of the scheme involves a total outlay of more than Rs 1,572 crore. Rs 971 crore is provided by the Centre from the Nirbhaya Fund, the remaining amount is expected to be provided by states.
• This decision is being hailed as a major step towards de-clogging the justice system.

Fast Track Special Courts: A backgrounder

• Incidents of rape of minor girls below the age of twelve years and women below the age of sixteen years have shaken the conscience of the entire nation.
• To bring more stringent provisions and expeditious trial and disposal of such cases, the Criminal Law (Amendment) Act, 2018 was enacted which made provision of stringent punishment, including death penalty, for perpetrators of rape, it said.
• This led to the establishment of the fast-track special courts.

Sexual Crime in India

• Sexual Abuse/ Molestation/ Rape: Rape is one of the most common crimes in India.According to the National Crime Records Bureau, one woman is raped every 20 minutes in India.
• Marital Crimes: In India, marital rape is not a criminal offense.  India is one of fifty countries that have not yet outlawed marital rape.
• Forced Marriage: Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being female.  
• Trafficking and forced prostitution: Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery.
• Online abuse: Women are regularly subject to online rape threats, online harassment, cyber-stalking, blackmail, trolling, slut-shaming and more.
• Harassment at the workplace: Sexual harassment at workplace, mostly comprising of indecent remarks, unwanted touches, demands for sex, and the dissemination of pornography.

Why do we need to tackle such crimes in a speedy manner?

• When we talk about violence, it is easy to focus on the physical effects.
• The injuries on the body can be life-changing and can even result in death. It is important however to consider the impact of this incident can have on victim’s mental health.
• Depression, anxiety and low self-esteem are typical repercussions of a violent experience. These psychological effects can be incredibly destructive.
• Many victims report feeling suicidal tendency. The psychological effect may completely change the personality of the victim.
• Hence it is important to extend the psychological support to the victim. Speedy Justice serves this purpose.

Various laws for the protection of women

Various special laws relating to women include:

• Protection of Women from Domestic Violence Act, 2005
• Dowry Prohibition Act, 1961
• Indecent Representation of Women (Prohibition) Act, 1986
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
• Prohibition of Child Marriage Act, 2006

The Government has also taken a number of initiatives for the safety of women and girls, which are given below:

• Nirbhaya Fund for projects for the safety and security of women
• One-Stop Centre Scheme to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof
• Online analytic tool for police called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
• National Database on Sexual Offenders (NDSO) to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies.

Need for fast-track courts

• Clearance rate: They have a better clearance rate as compared to the regular courts and hold speedy trials.
• Speedy Trial: Besides providing quick justice to the hapless victims, it strengthens the deterrence framework for sexual offenders.
• Deterrence framework: Besides providing quick justice to the victims, it strengthens the deterrence framework for sexual offenders.

Expected outcomes from these courts

• Women safety: Further the commitment of the nation to champion the cause of safety and security of women and girl child.
• Reduction of pendency of cases: Fastracking of these cases will declog the judicial system of the burden of case pendency
• Special consideration: Reduce the number of pending cases of Rape & POCSO Act.
• Speedy access to justice: Provide speedy access to justice to the victims of sexual crimes and act as a deterrent for sexual offenders.

What else can be done?

• Increasing number of fast track courts is an urgent need.
• Special investigation units comprising predominantly women police officers should be created.
• In these special courts, women judges should be there so that the victim feels comfortable in narrating the details of the sexual assault perpetrated on her.
• Gender sensitization programs will help the officers to have the required considerate approach for rape victims.
• Another very important aspect is to provide counseling for the family members of the victim. So that the family can positively help the victim to come out of trauma.
• There should be a state sponsored victim compensation fund particularly for heinous offences including rape.

Conclusion

• Breaking the cycle of abuse will require concerted collaboration and action between governmental and non-governmental actors including educators, health-care authorities, legislators, the judiciary and the mass media.
• Education of both men and women will lead to change in attitudes and perceptions.
• It is not easy to eradicate deep seated cultural value or alter traditions that perpetuates discrimination.
• It is mammoth task. We are just doing bits and pieces. A way ahead is obscure but in our sphere with concrete and pronounced steps.

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24st Aug 2021

First Amendment Act, 1951

• Empowered the state to make special provisions for the advancement of socially and economically backward classes.
• Provided for the saving of laws providing for the acquisition of estates, etc.
• Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.

The Constitution (Seventh Amendment) Act, 1956

• The Seventh Amendment brought about the most comprehensive changes so far in the Constitution. This amendment was designed to implement the State Reorganisation Act.
• The Second and Seventh schedules were substantially amended for the purpose of the States Reorganization Act.

Constitutional (10th Amendment) Act, 1961

• The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of India and provides for their administration under the regulation of making powers of the President.

Constitutional (13th Amendment) Act,1963

• Gave the status of a state to Nagaland and made special provisions for it.

The Constitution (24th Amendment) Act, 1971

• It amended Article 13 and 368 with a view to removing all possible doubts regarding the power of Parliament to amend the Constitution and procedure thereof.
• It gets over the Golak Nath ruling and asserts the power of Parliament, denied to in the Golak Nath, to amend Fundamental Rights.

The Constitution (Twenty-fifth) Amendment Act, 1971

• The 25th amendment of the Constitution in 1971 added a new clause, Article 31C to the Constitution. Up to 1971, the position was that Fundamental Rights prevailed over the Directive Principles of State Policy and that a law enacted to implement a Directive Principle could not be valid if it conflicted with a Fundamental Right.
• Article 31C sought to change this relationship to some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.

Twenty-Sixth Amendment Act, 1971

• Abolished the privy purses and privileges of the former rulers of princely states.

The Constitution (Thirty-fourth Amendment) Act, 1974

• By this amendment twenty State Acts concerning land ceiling and land tenure reforms were added to the Ninth Schedule to the Constitution.

The Constitution (Thirty-eight Amendment) Act, 1975 

• Made the declaration of emergency by the President non-justiciable.
• Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable.
• Empowered the President to declare different proclamations of national emergency on different grounds simultaneously

The Constitution (42nd Amendment) Act, 1976

• The Amendment was meant to enhance enormously the strength of the Government. The major Amendments made in the Constitution by the 42nd Amendment Act are: Preamble The characterization of India as ‘Sovereign Democratic Republic’ has been changed to ‘Sovereign Socialist Secular Democratic Republic’.
• The words ‘Unity of the nation’ have been changed to ‘Unity and integrity of the nation’.
• Parliament and State Legislatures: The life of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
• Executive: It amended Article 74 to State explicitly that the President shall act in accordance with the advice of the Council of Ministers in the discharge of his functions.
• Judiciary: The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of the State law. Another new provision, Article 131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the Constitutional validity of a central laws. Article 144A and Article 128A, the creatures of the Constitutional Amendment Act made further innovation in the area of judicial review of the Constitutionality of legislation. Under Article 144A, the minimum number of judges of the Supreme Court to decide a question of  Constitutional validity of a Central or State law was fixed as at least seven and further, this required two-thirds majority of the judges sitting declare law as unconstitutional. While the power  of the High Court to enforce Fundamental Rights remained untouched, several restrictions were imposed on its power to issue writs ‘for any other purpose’.
• Federalism: The Act added Article 257A in the Constitution to enable the Centre to deploy any armed force of the Union, or any other force under its control for dealing with any grave situation of law and order in any State.
• Fundamental Rights and Directive Principles: A major change that was made by42nd Constitutional Amendment was to give primacy to all Directive Principles over the Fundamental Rights contained in Articles 14, 19 or 31.
• The 42nd Constitutional Amendment added a few more Directive Principles – free legal aid, participations of workers in the management of industries, protection for environment and protection of forests and wildlife of the country.
• Fundamental Duties: The 42nd Amendment Act inserted Article 51-A to create a new part called IV-A in the Constitution, which prescribed the Fundamental Duties to the citizens.
• Emergency: Prior to the 42nd Amendment Act, the President could declare an emergency under Article 352 throughout the country and not in a part of the country alone. The Act authorized the President to proclaim emergency in any part of the country.

The Constitution (44th Amendment) Act, 1978

• It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus restore the status quo ante.
• It cancelled 39th Amendment which had deprived the Supreme Court of its jurisdiction to decide disputes concerning election of the President and the Vice-President
• A new provision was added to Article 74(1) saying that the President could require the council of ministers to reconsider its advice to him, either generally or otherwise and the President should Act in accordance with the advice tendered after such re-consideration. Article 257A was Omitted
• It has been provided that an Emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
• Right to Property has been taken out from the list of Fundamental Rights and has been declared a legal right.

The Constitution (Fifty-first Amendment) Act, 1984

• The Amendment effectuates some changes in Articles 330 and 332 with a view to provide for reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya, Aruncahal Pradesh and Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya.

The Constitution (52nd Amendment) Act, 1985

• The amendment is designed to prevent the scourge of defection of Members of Parliament and State Legislatures from one political party to another.

 The Constitution (61st Amendment) Act, 1989

• The 61st Amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and Assembly election.

The Constitution (Sixty-fifth Amendment) Act, 1990

• Article 338 of the Constitution has been amended for the Constitution of a National Commission for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five other members who shall be appointed by the President by warrant under his hand and seal.

The Constitution (Sixty-ninth Amendment) Act, 1991

• The Amendment Act was to grant Statehood to Delhi as ‘National Capital Territory of Delhi’. It also provides a 70 member assembly and a 7 member Council of Ministers for Delhi.

 The Constitution (73rd Amendment) Act, 1992

• April 20,1993 as it got rectification by the State legislatures and was assented to by the President of India. After notification, the Panchayati Raj Institutions have now got Constitutional legitimacy.
• After part VIII of the Constitution, a separate part IX has been added to the Constitution with the addition in Article 243A and fresh Schedule called Eleventh Schedule enumerating the powers and functions of Panchayti Raj Institutions.
• The Act provides for Gram Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women.

The Constitution (74th Amendment) Act, 1992

• The Act provides constitutional status to Urban Local Bodies. After part VIII of the Constitution, a separate part IXA has been added to the Constitution with the addition in Article 243A and a fresh schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has been incorporated.
• The Act provides Municipal Panchayat, Municipal Council and Municipal Corporation, reservation of seats for SCs and STs in proportion to their population and one-third reservation of seats for women

The Constitution (76th Amendment) Act, 1994

• This Amendment Act raises the reservation quota of government jobs and seats for admission in the educational institutions in favor of socially and educationally backward classes to 69 per cent in Tamil Nadu.
• Further, the Amendment Act has been included in the Ninth Schedule of the Constitution to exempt it from the purview of judicial scrutiny

The Constitution (Seventy-seventh Amendment) Act, 1995

• This Amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers the State to make any provisions for reservation in promotions in Government jobs in favour of SCs and STs, if it is of opinion that they are inadequately represented in the services under the State.
• This has been done to nullify the effect of the Supreme Court Judgment in the Mandal Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that reservation in promotions cannot be made.

The Constitution (80th Amendment) Act, 2000

• Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the State has been enacted by the Constitution (Eightieth Amendment) Act, 2000.
• Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties special excise duties and grants in lieu of tax on railway passenger fares. 

The Constitution (85^th Amendment) Act, 2001

• This Act amended Article 16 (4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation for Government servants belonging to the Scheduled Castes and the Scheduled Tribes.

The Constitution (86^th Amendment) Act, 2002

• With a view to making right to free and compulsory education a fundamental right, the Act inserts a new Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education.
• The Act amends in Part-III, Part –IV and Part-IV(A) of the Constitution.

The Constitution (89^th Amendment) Act, 2003

• The Act adds Article 338A and provides for the creation of National Commission for Scheduled Tribes.

 The Constitution (90^th Amendment) Act, 2003

• The Act amends Article 332 and adds section (6) regarding representation in the Bodo Territorial Areas District in the State of Assam.

The Constitution (Ninety-one Amendment) Act,2003

• The Act makes provisions for limiting the size of the Council of Ministers at the Center and in the States and gives teeth to debar a defector from holding any remunerative political post for the remaining tenure of the legislature unless reelected.

The Constitution (Ninety- third Amendment) Act, 2005

• Providing reservation for the socially and educationally backward classes, besides the Schedules Castes and the Scheduled Tribes, in private unaided educational institutions.

The Constitution (97th Amendment) Act, 2012

• In Part IIIof the constitution, after the words “or unions” the words “Cooperative Societies” was added.
• In Part IVa new Article 43Bwas inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
• After Part IXAof the constitution, a Part IXBwas inserted to accommodate state vs centre roles.

The Constitution (99th Amendment) Act, 2014

• The National Judicial Appointments Commission (NJAC) was established by the Union government of India by amending the constitution of India through the 99^th Constitutional Amendment Act, 201

The Constitution (100th Amendment) Act, 2015

• Constitution (100th Amendment) Act 2015 ratified the land boundary agreement between India and Bangladesh.
• The act amended the 1st schedule of the constitution to exchange the disputed territories occupied by both the nations in accordance with the 1974 bilateral Land Boundary Agreement.
• India received 51 Bangladeshi enclaves (covering 7,110 acres) in the Indian mainland, while Bangladesh received 111 Indian enclaves (covering 17,160 acres) in the Bangladeshi mainland

The Constitution (101st Amendment) Act, 2017

• Introduced the Goods and Services Tax.

The Constitution (102nd Amendment) Act, 2018

• Constitutional status to National Commission for Backward Classes

The Constitution (103rd Amendment) Act, 2019

• A maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
• Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.

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17th Apr 2021

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. 

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autonomy, its framers repealed prior acts of the British parliament in Article 395. 

The constitution declares India a sovereign, socialist, secular, democratic republic, assuring its citizens justice, equality and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a helium-filled case at the Parliament House in New Delhi. The words “secular” and “socialist” were added to the preamble in 1976 during the emergency.

The Indian constitution is the world’s longest for a sovereign nation. At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama – in the world.

Articles in Indian Constitution: As the written constitution is a compact document like a book, it has various parts, parts have various chapters, chapters have various articles.

The constitution has a preamble and 395 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 103 times; the latest amendment became effective on 14 January 2019. Despite various amendments, the number of articles in the Constitution still remains 395. There is nothing like Article 396. The new articles are always inserted in between i.e. Article 31A.

IMPORTANT TITBIT:  If counted separately there are 444 Articles but in the Constitution of India there are only 396 Articles. The rest are merely clauses or sub-clauses added later. The reason behind this is that there is a rule that no one can alter the basic structure of the COI. Now a problem came up, which was how to include more articles as you cannot add a 397th article as it would be against the Basic Structure Doctrine, so a solution that came up, which was that to include the new articles in clauses or sub-clauses of the existing articles.

Here are the lists of various important Articles of the Indian Constitution: 

Schedules of the Indian Constitution

Like a book contains appendices to explain things and provide extra info, the constitution contains various schedules. They are Lists that categorize and tabulate bureaucratic activity and policy of the Government. They are kept separate because it is a lengthy document and hence, not included in the original text of constitution but they are very much part of the constitution. 

Important Titbits:

1. Originally they were 8 in number, now they are 12. 
2. The 4 new schedules were added: IX through the 1st Constitution Amendment Act 1951); X through Anti-Defection Law 52nd CAA 1985; XI through the 73rd CAA Panchayati Raj 1992 and XII through the 74th CAA Municipality 1992.
3. Matters added to the 9th schedule after 24th April 1973 (Kesavananda Bharati Case) are not immune to judicial review (I.R. Coelho case)

Schedules of Indian Constitution

Fundamental Rights

• Enshrined in Part-III of Indian Constitution, Fundamental Rights are the basic human rights guaranteed by the Constitution of India. The six fundamental rights include Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies.
• Fundamental Rights is one of the important topics in Indian polity subject in UPSC Syllabus. In this article, we will touch upon some of the most important points from this topic. We’ll also discuss some of the previously asked questions centered around Fundamental Rights.
• Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Ammendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.

Fundamental Rights in India (Article 12-35)

• The development of Fundamental Rights in India is heavily inspired by United State’s Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
  • Fundamental Rights are included in Part-III of the Indian constitution which is also known as Magna Carta of Indian Constitution.
  • These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated

Features of the Fundamental Rights

• FRs are protected and guaranteed by the constitution.
• FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for fixed period of time. However, the court has the power to review the reasonablity of the restrictions.
• FRs are justifiable: The constitution allow the person to move directly to the Surpreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
• Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Article 20 and 21.
• Restriction of Fundamental Rights: The Fundamental Rights can be restricted during the military rule in any particular area.

Important Articles Related To Fundamental Rights

Let us now look at some of the important articles related to the Fundamental Rights in India:

Article 12: Defines the State

Article 12 of the Indian Constitution defines The State as:

• The Government and Parliament of India,
• The Government and legislatures of the states,
• All local authorities and
• Other authorities in India or under the control of the Government of India.

Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights

• Article 13 of the Indian Constitution states that:
• All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
• In this article, unless the context otherwise required, –

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

• Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Classification of Fundamental Rights

The fundamental rights are classified into the following six categories:

Article 12: Defines the State

Article 12 of the Indian Constitution defines The State as:

• The Government and Parliament of India,
• The Government and legislatures of the states,
• All local authorities and
• Other authorities in India or under the control of the Government of India.

Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights

• Article 13 of the Indian Constitution states that:
• All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
• In this article, unless the context otherwise required, –

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

• Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Classification of Fundamental Rights

The fundamental rights are classified into the following six categories:

(1) Right to Equality

Art 14 – Equality before Law

Art 15 – Prohibition of Discrimination

Art 16 – Equality of Opportunity in Public Employment

Art 17 – Abolition of Untouchability

Art 18 – Abolition of Titles

(2) Right to Freedom

Art 19 – Protection of 6 Rights:

• Right to freedom of speech and expression.
• Right to assemble peaceably and without arms.
• Right to form associations or unions or co-operative societies.
• Right to move freely throughout the territory of India.
• Right to reside and settle in any part of the territory of India.
• Right to practice any profession or to carry on any occupation, trade or business.

Art 20 – Protection in Respect of Conviction for Offences

Art 21 – Protection of Life and Personal Liberty

Art 21-A Right to Education

Art 22 – Protection against Arrest and Detention

(3) Right against Exploitation          

Art 23 – Prohibition of Human Trafficking and Forced Labor

Art 24 – Prohibition of Child Labor

(4) Right to Freedom of Religion   

Art 25 – Freedom of Conscience, Profession, Practice, and Propagation

Art 26 – Freedom to Manage Religious Affairs

Art 27 – Freedom from Taxation for Promotion of a Religion

Art 28 – Freedom from Attending Religious Instruction

(5) Educational and Cultural Rights

Art 29 – Protection of Interests of Minorities

Art 30 – Right of Minorities to Establish and Administer Educational Institutions

(6) Right to Constitutional Remedies         

Art 32 – Right to remedies for the enforcement of the fundamental rights using five writs:

• Habeas Corpus – to direct the release of a person detained unlawfully.
• Mandamus – to direct a public authority to do its duty.
• Quo Warranto – to direct a person to vacate an office assumed wrongfully.
• Prohibition – to prohibit a lower court from proceeding on a case.
• Certiorari – power of the higher court to remove a proceeding from a lower court and bring it before itself.

Art 33 – Empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces

Art 34 – Provides for the restrictions on fundamental rights while martial law (military rule) is in force

Art 35 – Empowers the Parliament to make laws on Fundamental Rights

The Government has recently issued a Request for Proposal (RPF) to the two selected Indian Strategic Partners (SP) – for building six conventional submarines indigenously under Project 75 India or P-75I.

A backgrounder

• Project 75 India is a part of India’s thirty-year-old submarine building plan by which all the six submarines which are under the project should already be sailing and it should have been followed by the submarines now for which the RFP has been issued.
• It is a long-awaited and long-overdue project.
• This should have happened way back but it got delayed because it was difficult to find a strategic partnership model.

What is Project-75I?

• The Project 75I-class submarine is a follow-on of the Project 75 Kalvari-class submarine for the Indian Navy.
• In the late 1990s, around the time of Kargil war, a three-decade plan took shape for indigenous construction of submarines.
• It was known to have two separate series of submarine building lines – codenamed Project 75 and Project 75I — in collaboration with foreign entities.
• Under this project, the Indian Navy intends to acquire six diesel-electric submarines, which will also feature advanced air-independent propulsion systems.
• This is for enabling them to stay submerged for longer duration and substantially increase their operational range.

Air-independent propulsion (AIP)

• AIP has the fuel cell technology which permits the batteries of the submarines to continue functioning even after it gets discharged.
• It also reduces the chances of detection because the moment it comes closer to the surface, submarines are very prone to detection and after that, it becomes very difficult for a submarine to hide because it cannot move quickly under the water. 
• Hence, AIP gives longer endurance to submarines than what a conventional battery submarine can offer.
• AIP is required on an urgent basis for the Indian Navy subs in view of the growing presence of the Chinese in the Indian Ocean Region (IOR).

Strategic importance of submarines development

• Ageing arsenal: Currently, India has less number of submarines than what is required with some more of those from both types being at various stages of construction. India currently operates one submarine each in nuclear-powered Classes of Chakra and Arihant and in addition to 14 submarines belonging to three classes of Diesel Electric category — Kalvari, Shishumar and Sindhughosh, some of which are ageing.
• Combat roles in near future: The nuclear powered and diesel-electric submarines have their designated roles in the Carrier Battle Groups, which are formations of ships and submarines with Aircraft Carriers at the lead role.
• Strategic deterrence: As per the basic principles of submarine deployment and the minimum requirement for India to create a strategic deterrence, there is a specific number of submarines of both types that India needs to have in active service.

Significance of Project 75 India

• ‘Make in India’ Projects: It will serve to facilitate faster and more significant absorption of technology and create a tiered industrial ecosystem for submarine construction in India.
• Self-Reliance: From a strategic perspective, this will help reduce current dependence on imports and gradually ensure greater self-reliance and dependability of supplies from indigenous sources.
• Securing Indo-Pacific: China is increasing its presence in the Indian Ocean Region (IOR) and this is creating pressure on the Indian Navy in sprucing up the submarine arm.

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21st Aug 2021

• With almost absolute power the Governor-General and viceroy played a significant role in the shaping history of the country. Following are some of these important figures and significant events and major reforms carried out by them.

  Governor Generals of Bengal/India (Period)	Important events/Reforms
  Warren Hastings      (1773-1785)	Regulating Act of 1773. First Governor-General of Bengal. End of the dual system of administration (1765-1772). Supreme Court at Calcutta. Wrote Introduction to the first English translation of Gita. Founded Madarasa Aliya at Calcutta.
  Lord Cornwallis      (1786-1793)	Separation of three branches of service: commercial, judicial and revenue. Permanent Land Revenue Settlement of Bengal-1793. Reformed, modernised and rationalised the civil service. Introduced the Cornwallis Code. Sanskrit College, Varanasi.
  Lord Wellesley      (1797-1805)	Introduction of Subsidiary Alliance System. Fourth Anglo-Mysore war. Fort William College, Calcutta.
  Lord Hastings      (1813-1823)	Anglo-Nepal War (1814-16) Third Anglo-Maratha War-(1817-19) and dissolution of Maratha confederacy. Introduction of Ryotwari System of Thomas Munro, Governor of Madras-1820.
  Lord William Bentinck      (1828-1835)	Charter Act of 1833. Abolition of Sati-1829. Resolution of 1835 and Education reforms and introduction of English as the official language. The annexation of Mysore-1831, Coorg, and Central Cachar-1831.
  Lord Dalhousie      (1848-1856)	Introduction of the Doctrine of Lapse and annexations of Satara-1848, Jaitpur and Sambhalpur-1849, Udaipur-1852, Jhansi-1853, Nagpur-1854 and Awadh-1856. Wood’s Dispatch of 1854. Railway Minute of 1853. Telegraph and Postal reforms. Widow Remarriage Act-1856.
  Lord Canning      (1856-1857)	Establishment of universities at Bombay, Madras and Calcutta. Mutiny of 1857.

  Governor-General and Viceroy of India (Period)	Important events/Reforms
  Lord Canning (1858-1862)	First Voiceroy of India. Transfer of control from East India Company to the Crown by the Government of India Act 1858 Indian Councils Act-1861
  Lord Mayo      (1869-1872)	Opening of Rajkot College in Kathiawad and Mayo College at Ajmer for political training of Indian Princes. Statistical Survey of India was established. Department of Agriculture and Commerce was established. Introduction of state railways.
  Lord Lytton      (1876-1880)	The Great Famine of 1876 affecting Bombay, Madras, Mysore, Hyderabad, Central India and Punjab. Appointment of Famine Commission under the presidency of Richard Strachey. Vernacular Press Act was passed- 1878. The Arms Act-1878.
  Lord Ripon      (1880-1884)	Education Commission 1882 under William Hunter-1882. Ilbert Bill controversy. Repeal of Vernacular Press Act in 1882. The First Factory Act in 1881 to improve labour conditions. Government resolution on local self government-1882.
  Lord Dufferin      (1884-1888)	Establishment of Indian National Congress.
  Lord Lansdowne     (1888-1894)	The categorisation of civil services into imperial, provincial and subordinate. Indian Councils Act-1892 Durand Commission (1893) was set up to define the Durand Line between India and Afghanistan.
  Lord Curzon      (1899-1905)	Police Commission (1902) was appointed under Sir Andrew Frazer. University Commission (1902) was appointed and Universities Act (1904) was passed. Department of Commerce and Industry was established. Calcutta Corporation Act-1899 Partition of Bengal (1905).
  Lord Minto-II      (1905-1910)	Popularisation of anti-partition and Swadeshi Movements. Split in Indian National Congress at Surat in 1907. Indian Muslim League was established by Aga Khan (1907) Morley-Minto reforms or Indian Councils Act 1909.
  Lord Hardinge-II      (1910-1916)	Transfer of capital from Calcutta to Delhi (1911). Establishment of Hindu Mahasabha (1915) by Madan Mohan Malviya.
  Lord Chelmsford     (1916-1921)	Home Rule League was formed by Annie Besant and Tilak (1916) Lucknow session of Congress (1916). Lucknow Pact between Congress and Muslim League (1916). Champaran Satyagraha (1918), and Satyagraha at Ahmadabad (1918). Montague’s August Declaration. Government of Indian Act- 1919 Jallianwalla Bagh massacre (1919). Non-Cooperation and Khilafat Movements were launched. Foundation of Women’s University at Poona (1916) and Saddler’s Commission was appointed for reforms in educational policy. Appointment of S. P. Sinha as governor of Bihar first Indian to do so.
  Lord Reading      (1921-1926)	The Chaura-Chauri Incident-Feb5, 1922 and withdrawal of Non-Cooperation movement. Moplah rebellion in Kerala (1921). Repeal of the Press Act of 1910 and Rowlatt Act of 1919. Kakori train robbery (1925) Establishment of Swaraj Party (1922). The decision to hold a simultaneous examination for ICS in Delhi and London with effect from 1923.
  Lord Irwin      (1926-1931)	Simon Commission-1928 Appointment of the Harcourt Butler Indian States Commission (1927) Murder of Saunders and Bomb blast in the Assembly Hall of Delhi-1929 Lahore session of Congress 1929 and Purna Swaraj Resolution. Dandi March (12 March, 1929) and launch of Civil Disobedience Movement.
  Lord Willingdon     (1931-1936)	Second Round Table Conference and failure of the conference, resumption of the Civil Disobedience Movement. Announcement of the Communal Award (1932). Poona Pact (1932) Third Round Table Conference 1932. The Government of India Act, 1935. Establishment of All India Kisan Sabha 1936. Establishment of Congress Socialist Party by Acharya Narendra Dev and Jayaprakash Narayan (1934)
  Lord Linlithgow      (1936-1944)	First general elections were held and Congress attained absolute majority (1936-1937). Congress ministers resigned (1937) after the outbreak of WW-II Subhash Chandra Bose elected as the president of Congress-1938. Lahore Resolution by Muslim League for the demand of separate state for Muslims. August Offer by the viceroy-1940. Cripp’s Mission to India Passing of the Quit India Resolution by Congress-1942
  Lord Wavell      (1944-1947)	C Rajgopalachari’s CR Formula (1944) and Gandhi-Jinnah Talks failed. Wavell Plan and the Shimla Conference (1942) Cabinet Mission and Congress accepted its plan 1946 Observance of the ‘Direct Action Day’ (16 August 1946) by the Muslim League. Elections to the Constituent Assembly and formation of Interim Government by the Congress (September 1946). Announcement of the end of British rule in India by Clement Attlee on February 20, 1946
  Lord Mountbatten      (1947-48)	June Third Plan (June 3, 1947) announced. Introduction of Indian Independence Bill in the House of Commons. Appointment of two boundary commissions under Sir Cyril Radcliff for the partition of Bengal and Punjab.

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