Thursday, 24 September 2015

Indian Constitution Part IV

PART XVII : OFFICIAL LANGUAGE (343 – 351)

Article
Importance
CHAPTER I : LANGUAGE OF THE UNION
343 Official language of the Union.
344 Commission and Committee of Parliament on official language.
CHAPTER II : REGIONAL LANGUAGES
345 Official language or languages of a State.
346 Official language for communication between one State and another or between a State and the Union.
347 Special provision relating to language spoken by a section of the population of a State.
CHAPTER III : LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
349 Special procedure for enactment of certain laws relating to language.
CHAPTER IV : SPECIAL DIRECTIVES
350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at primary stage.
350B Special Officer for linguistic minorities.
351
Directive for development of the Hindi language.

PART XVIII : EMERGENCY PROVISIONS(352 – 360)

Article
Importance
352
Proclamation of Emergency.
353 Effect of Proclamation of Emergency.
354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation
355 Duty of the Union to protect States against external aggression and internal disturbance.
356
Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article 356.
358 Suspension of provisions of article 19 during emergencies.
359. Suspension of the enforcement of the rights conferred by Part III during emergencies
359A Repealed
360
Provisions as to financial emergency.

PART XIX : MISCELLANEOUS(361 – 367)

Article
Importance
361
Protection of President and Governors and Rajpramukh.
361A Protection of publication of proceedings of Parliament and State Legislatures.
361B Disqualification for appointment on remunerative political post.
362 Repealed
363 Bar to interference by courts in disputes arising out of certain treaties, agreements, etc.
363A Recognition granted to Rulers of Indian States to cease and privy purses to be abolished.
364 Special provisions as to major ports and aerodromes.
365 Effect of failure to comply with, or to give effect to, directions given by the Union.
366 Definitions.
367 Interpretation.

PART XX : AMENDMENT OF THE CONSTITUTION (368)

Article
Importance
368
Power of Parliament to amend the Constitution and procedure therefor.

PART XXI : TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS(369 – 392)

Article
Importance
369 Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.
370
Temporary provisions with respect to the State of Jammu and Kashmir.
371 Special provision with respect to the States of Maharashtra and Gujarat.
371A
Special provision with respect to the State of Nagaland.
371B. Special provision with respect to the State of Assam
371C Special provision with respect to the State of Manipur.
371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the State of Sikkim.
371G Special provision with respect to the State of Mizoram.
371H Special provision with respect to the State of Arunachal Pradesh.
371-I Special provision with respect to the State of Goa.
372. Continuance in force of existing laws and their adaptation
372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under preventive detention in certain cases.
374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the provisions of the Constitution.
376 Provisions as to Judges of High Courts.
377 Provisions as to Comptroller and Auditor-General of India.
378 Provisions as to Public Service Commissions.
378A Special provision as to duration of Andhra Pradesh Legislative Assembly.
379-391 Repealed
392 Power of the President to remove difficulties.

PART XXII : SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN HINDI AND REPEALS (393 – 395)

Article
Importance
393
Short title
394 Commencement
394A Authoritative text in the Hindi language.
395 Repeals.

SCHEDULES

Schedules are lists in the Constitution that categorize and tabulate bureaucratic activity and policy of the Government.Indian Constitution originally had eight schedules.Four more schedules were added by different amendments, now making a total tally of twelve.
Schedules
Description
First Schedule
I – The States. II. – The Union territories.
Second Schedule
PART A –  Provisions as to the President and the Governors of States.
PART B – Repealed
PART C –   Provisions as to the Speaker and the Deputy Speaker of   the House of  the    People   and the Chairman and the Deputy Chairman of   the Council   of      States   and   the  Speaker  and  the  Deputy Speaker  of  the   Legislative Assembly and the Chairman  and the Deputy Chairman of the Legislative  Council of a State
PART D – Provisions as to the Judges of the Supreme Court and of the High Courts.
PART E – Provisions as to the Comptroller and Auditor-General of India.
Third Schedule
Forms of Oaths or Affirmations.
Fourth Schedule
Allocation of seats in the Council of States.
Fifth Schedule
Provisions as to the Administration and Control of Scheduled  Areas and Scheduled Tribes PART A – General.
PART B – Administration and  Control of Scheduled Areas and Scheduled Tribes.
PART C – Scheduled Areas.
PART D – Amendment of the Schedule.
Sixth Schedule
Provisions as to the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule
     
List I – Union List.
List II –  State List.
List III – Concurrent List.
Eighth Schedule
List of Recognised Languages
Ninth Schedule
Validation of certain Acts and Regulations.
Tenth Schedule
Provisions as to disqualification on ground of defection.
Eleventh Schedule
Powers, authority and responsibilities of Panchayats.
Twelfth Schedule
Powers, authority and responsibilities of Municipalities, etc.

BORROWED FEATURES OF INDIAN CONSTITUTION

The given below are the borrowed features of Indian Constitution from other countries :
From U.K.
  • Nominal Head – President (like Queen)
  • Cabinet System of Ministers
  • Post of PM
  • Parliamentary Type of Govt.
  • Bicameral Parliament
  • Lower House more powerful
  • Council of Ministers responsible to Lowe House
  • Speaker in Lok Sabha
From U.S.
  • Written Constitution
  • Executive head of state known as President and his being the Supreme Commander of the Armed Forces
  • Vice- President as the ex-officio Chairman of Rajya Sabha
  • Fundamental Rights
  • Supreme Court
  • Provision of States
  • Independence of Judiciary and judicial review
  • Preamble
  • Removal of Supreme court and High court Judges
From USSR
  • Fundamental Duties
  • Five year Plan
From AUSTRALIA
  • Concurrent list
  • Language of the preamble
  • Provision regarding trade, commerce and intercourse
From JAPAN
  • Law on which the Supreme Court function
From WEIMAR CONSTITUTION OF GERMANY
  • Suspension of Fundamental Rights during the emergency
From CANADA
  • Scheme of federation with a strong centre
  • Distribution of powers between centre and the states and placing. Residuary Powers with the centre
From IRELAND
  • Concept of Directive Principles of State’s Policy(Ireland borrowed it from SPAIN)
  • Method of election of President
  • Nomination of members in the Rajya Sabha by the President
From SOUTH AFRICA
  • Amendment Of the Indian Constitution