Polity Set 51
π
π Historical Background β’ Regulating Act
Q.1) According to the Regulating Act of 1773, who was the first Governor-General of Bengal?
Ans > Lord Warren Hastings
- Centralisation of Administrative Power: The Regulating Act of 1773 marked the first major step by the British government to control the East India Company. It initiated centralisation by elevating the Governor of Bengal to the position of “Governor-General of Bengal.”
- Subordination of Other Presidencies: Under this landmark legislative act, the previously independent governors of the Bombay and Madras presidencies were officially made subordinate to the newly created Governor-General of Bengal.
- Establishment of the Judiciary: The act provided the legal framework for the establishment of a Supreme Court at Calcutta in 1774. This court was comprised of one Chief Justice and three other judges to ensure strict legal oversight.
- Creation of the Executive Council: An Executive Council consisting of four members was created to assist and advise the Governor-General in his administrative duties. Warren Hastings was the first individual to hold this newly empowered office.
π Historical Background β’ Charter Acts
Q.2) Which Act first asserted the sovereignty of the British Crown over the Company’s territories in India?
Ans > Charter Act of 1813
- Declaration of Crown Sovereignty: The Charter Act of 1813 is a crucial constitutional milestone because it was the first time the British Parliament explicitly declared the undoubted sovereignty of the British Crown over all Indian territories held by the Company.
- Abolition of Trade Monopoly: This act effectively dismantled the East India Company’s absolute monopoly over trade in India. Indian markets were opened to all British merchants, though the Company retained its monopoly over the tea trade and trade with China.
- Financial Allocation for Education: It legally mandated the Company to set aside a sum of one lakh rupees annually. This dedicated fund was designated for the promotion of literature, the encouragement of learned Indians, and the spread of scientific knowledge.
- Entry of Christian Missionaries: The legislative act officially permitted Christian missionaries to enter the Indian subcontinent for the explicit purpose of promoting moral and religious improvements, leading to the spread of Western education.
π Historical Background β’ Charter Acts
Q.3) Who was the first Governor-General of India, appointed under the Charter Act of 1833?
Ans > Lord William Bentinck
- Elevation to a National Role: The Charter Act of 1833 was the final step toward complete centralisation in British India. It officially re-designated the Governor-General of Bengal as the “Governor-General of India,” granting him immense authority.
- Vesting of Exclusive Powers: This act vested complete civil and military powers in the newly titled office. It deprived the governors of Bombay and Madras of their legislative powers, centralising all law-making authority in the Governor-General of India.
- Creation of a Unified Administration: For the first time, the British created a unified Government of India that possessed total authority over the entire territorial area controlled by the British across the subcontinent.
- Pioneering Leadership: Lord William Bentinck was appointed as the very first Governor-General of India under this framework. He is historically remembered for significant social reforms, including the abolition of Sati and the suppression of Thuggee during his tenure.
π Historical Background β’ Councils Act
Q.4) The Indian Councils Act of 1861 provided that the Viceroy should nominate some Indians as non-official members of his expanded council. In 1862, Lord Canning nominated which three Indians?
Ans > Raja of Benaras, Maharaja of Patiala, and Sir Dinkar Rao
- Beginning of Indian Representation: The Indian Councils Act of 1861 is a landmark because it marked the first time Indians were officially associated with the law-making process of the British administration.
- Non-Official Council Members: The act empowered the Viceroy to nominate a select number of Indians to serve as non-official members in his newly expanded legislative council, though their actual power remained strictly advisory.
- The First Three Nominees: Acting on this new constitutional provision in 1862, Viceroy Lord Canning nominated three prominent Indians to his legislative council: the Raja of Benaras, the Maharaja of Patiala, and Sir Dinkar Rao.
- Reversal of Centralisation: Besides adding Indian members, the act also initiated the process of decentralisation. It restored legislative powers to the Bombay and Madras presidencies, reversing the centralising trend that had culminated in the Charter Act of 1833.
π Historical Background β’ Morley-Minto
Q.5) Which Act introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’?
Ans > Indian Councils Act of 1909
- Legalizing Communalism: The Indian Councils Act of 1909 is notorious for introducing a system of communal representation for Muslims. It formally accepted and implemented the divisive concept of a “separate electorate” in Indian politics.
- Exclusive Voting Rights: Under this newly established system, Muslim members of the legislative councils were to be elected exclusively by Muslim voters. This fundamentally fractured the unity of the Indian electorate along religious lines.
- The Father of Communal Electorate: Because he was instrumental in formulating this policy, Lord Minto, the Viceroy at the time, came to be known as the “Father of Communal Electorate” in Indian historical texts.
- Executive Council Inclusion: Beyond separate electorates, this act also allowed for the first-time association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the very first Indian to join the Viceroyβs Executive Council as a law member.
π Historical Background β’ GoI Act 1919
Q.6) The Government of India Act of 1919 was also known by which name?
Ans > Montagu-Chelmsford Reforms
- Namesake of the Reforms: The Government of India Act of 1919 is popularly referred to as the Montagu-Chelmsford Reforms. It was named after Edwin Montagu, the Secretary of State for India, and Lord Chelmsford, the Viceroy of India at the time.
- Introduction of Dyarchy: The most significant feature of this act was the introduction of “dyarchy” (double rule) at the provincial level. Provincial subjects were divided into two distinct categories: transferred subjects and reserved subjects.
- Bicameralism at the Center: For the very first time, the act introduced a bicameral legislature at the center. It replaced the Indian Legislative Council with an Upper House (Council of State) and a Lower House (Legislative Assembly).
- Direct Elections Introduced: The act also introduced the concept of direct elections in the country for the first time, although the franchise was extremely restricted based on property, tax, or education qualifications.
π Constituent Assembly β’ Formation
Q.7) In 1935, which party for the first time officially demanded a Constituent Assembly to frame the Constitution of India?
Ans > Indian National Congress (INC)
- The Genesis of the Idea: The initial idea of a Constituent Assembly for India was first put forward by M.N. Roy, a pioneer of the communist movement in India, in the year 1934.
- Official Party Endorsement: Following M.N. Roy’s conceptualization, the Indian National Congress (INC) officially adopted the demand in 1935. This marked the first time a major political party formally requested an assembly to frame the nation’s constitution.
- Nehru’s Strong Declaration: In 1938, Jawaharlal Nehru firmly declared on behalf of the INC that the constitution of free India must be framed without any outside interference by a Constituent Assembly elected on the basis of adult franchise.
- British Acceptance: The British government finally accepted this sustained demand in principle during the “August Offer” of 1940, acknowledging the Indians’ right to draft their own governing document.
π Constituent Assembly β’ Formation
Q.8) The Constituent Assembly was constituted in November 1946 under the scheme formulated by the:
Ans > Cabinet Mission Plan
- Formulation of the Scheme: The Constituent Assembly of India was officially constituted in November 1946. The structural scheme and framework for this assembly were explicitly formulated by the British Cabinet Mission Plan.
- Composition of the Mission: The Cabinet Mission, which arrived in India in 1946, consisted of three high-ranking British cabinet members: Lord Pethick-Lawrence, Sir Stafford Cripps, and A.V. Alexander.
- Rejection of Two Assemblies: The Cabinet Mission firmly rejected the Muslim League’s demand for two separate constituent assemblies for India and Pakistan. Instead, it proposed a single, unified assembly with a complex representation system.
- Allocation of Seats: Under this plan, the total strength of the Constituent Assembly was set at 389. This included 296 seats allotted to British India and 93 seats allocated to the various Princely States across the subcontinent.
π Constituent Assembly β’ Proceedings
Q.9) Who moved the ‘Objectives Resolution’ in the Constituent Assembly on December 13, 1946?
Ans > Jawaharlal Nehru
- The Philosophical Foundation: On December 13, 1946, Jawaharlal Nehru presented the historic ‘Objectives Resolution’ in the Constituent Assembly. This crucial document laid out the fundamental philosophy and guiding principles for the new constitution.
- Declaration of a Republic: The resolution boldly proclaimed India as an Independent Sovereign Republic. It established that all power and authority of the sovereign independent India would be derived directly from its people.
- Guarantee of Fundamental Rights: It solemnly guaranteed all citizens of India justice (social, economic, and political), equality of status and opportunity, and fundamental freedoms of thought, expression, belief, faith, and worship.
- Evolution into the Preamble: The Constituent Assembly unanimously adopted this resolution on January 22, 1947. A modified version of this very resolution eventually became the Preamble to the final Constitution of India.
π Constituent Assembly β’ Functions
Q.10) The Constituent Assembly ratified India’s membership of the Commonwealth in which month and year?
Ans > May 1949
- The Sovereign Decision: In May 1949, the Constituent Assembly formally ratified India’s continued membership in the Commonwealth of Nations. This was a critical diplomatic decision for the newly independent nation.
- Maintaining Republican Status: The ratification was uniquely structured. India agreed to recognize the British monarch as the “Head of the Commonwealth,” but this symbolic recognition explicitly did not compromise India’s status as a completely sovereign republic.
- Nehru’s Strategic Vision: Jawaharlal Nehru championed this continued association, arguing that it was a voluntary agreement between free, equal nations and would provide India with crucial economic and diplomatic leverage on the global stage.
- Additional Assembly Functions: Beyond this ratification, the Constituent Assembly performed other key national functions, including adopting the National Flag (July 1947), the National Anthem (January 1950), and the National Song (January 1950).
π Constituent Assembly β’ Committees
Q.11) The Drafting Committee of the Constituent Assembly, set up on August 29, 1947, was chaired by:
Ans > Dr. B.R. Ambedkar
- The Most Crucial Committee: Among all the various committees of the Constituent Assembly, the Drafting Committee was the most vital. It was set up on August 29, 1947, and tasked with preparing the actual text of the new Constitution.
- Leadership and Expertise: Dr. B.R. Ambedkar, an exceptional legal scholar and visionary, was unanimously elected as the Chairman of this seven-member committee, guiding the complex legal translation of the assembly’s decisions.
- Committee Composition: Alongside Dr. Ambedkar, the committee included distinguished legal minds such as N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau, and T.T. Krishnamachari.
- Timeline of the Draft: The committee worked with incredible dedication, taking less than six months to prepare the first draft of the Constitution, which was successfully published for public review in February 1948.
π Constituent Assembly β’ Key Figures
Q.12) Who is known as a ‘Modern Manu’ and the ‘Father of the Constitution of India’?
Ans > Dr. B.R. Ambedkar
- The Architect’s Title: Dr. B.R. Ambedkar is universally recognized as the “Father of the Constitution of India” due to his monumental role as the Chairman of the Drafting Committee and his brilliant defense of the draft in the assembly.
- The Modern Lawgiver: He is also famously referred to as the ‘Modern Manu’. Manu was the traditional author of the ancient Hindu legal text Manusmriti. Ambedkar’s role in drafting the laws of modern, egalitarian India earned him this powerful comparative title.
- Advocate for the Marginalized: Throughout the drafting process, Ambedkar fiercely championed the eradication of untouchability and the implementation of robust safeguards for depressed classes, embedding social justice deeply into the constitutional framework.
- Logical and Legal Brilliance: His arguments in the Constituent Assembly were celebrated for their precise logic, deep constitutional understanding, and persuasive power, steering the assembly through countless complex debates and disagreements.
π Constituent Assembly β’ Criticism
Q.13) Which constitutional expert called the Constituent Assembly “a body of Hindus”?
Ans > Lord Viscount Simon
- Critique of Demographics: Lord Viscount Simon, a prominent British politician, criticized the composition of the Indian Constituent Assembly by referring to it dismissively as “a body of Hindus.”
- Similar Sentiments by Churchill: This sentiment was echoed by Winston Churchill, who famously commented that the Constituent Assembly represented “only one major community in India,” attempting to delegitimize its sovereign authority.
- The Context of the Criticism: These criticisms stemmed primarily from the fact that the Muslim League had completely boycotted the assembly. As a result, the Indian National Congress, which had a Hindu majority, utterly dominated the proceedings.
- Counter-Arguments by Scholars: Indian historians and scholars counter this criticism by pointing out that the Congress itself was highly diverse and actively ensured the inclusion of minorities, women, and various regional representatives in the drafting process.
π Constituent Assembly β’ Facts
Q.14) What symbol was adopted as the seal of the Constituent Assembly?
Ans > Elephant
- The Official Insignia: The Constituent Assembly officially adopted the Elephant as its symbol and seal. This emblem was prominently stamped on all official documents and drafts produced during the constitution-making process.
- Symbolism of Size and Strength: The choice of the elephant was highly symbolic. It represented the sheer, monumental size of the Indian Constitution, which was destined to become the longest written national constitution in the world.
- Representation of Antiquity: In Indian culture, the elephant represents strength, stability, and ancient wisdom. This perfectly aligned with the assembly’s goal of creating an enduring framework for an ancient civilization stepping into modernity.
- The Chief Draftsman’s Role: While the elephant was the seal, S.N. Mukerjee played a critical behind-the-scenes role as the chief draftsman of the constitution, translating the assembly’s broad decisions into precise, legally sound articles.
π Constitution β’ Structure
Q.15) The Indian Constitution originally contained 395 Articles divided into how many Parts?
Ans > 22 Parts
- Original Structure: When the Constitution of India was officially adopted on November 26, 1949, it was a massive document. It originally contained a Preamble, 395 Articles, and 8 Schedules, divided neatly into 22 Parts.
- The Longest Written Constitution: This extensive categorization made it the lengthiest written constitution of any sovereign country in the world, aiming to detail administrative processes to avoid future ambiguities in governance.
- Current Constitutional Size: Over the decades, through numerous amendments, the Constitution has grown significantly. Today, it consists of a Preamble, approximately 470 Articles grouped into 25 Parts, and 12 Schedules.
- Reasons for the Bulk: The immense size is attributed to several factors: the vast geographical and diverse nature of India, the inclusion of historical administrative details from the 1935 Act, and the provision of a single constitution for both the center and the states.
π Constitution β’ Amendments
Q.16) Which Constitutional Amendment Act is known as the ‘Mini-Constitution’?
Ans > 42nd Amendment Act (1976)
- The Era of the Emergency: The 42nd Constitutional Amendment Act was enacted in 1976 during the period of the Internal Emergency imposed by Prime Minister Indira Gandhi. It brought about sweeping, structural changes to the document.
- Justification for the Title: It is universally referred to as the ‘Mini-Constitution’ because it amended so many articles, added new parts (like Part IVA for Fundamental Duties), and attempted to drastically alter the basic structure of the Constitution.
- Changes to the Preamble: This amendment made historic changes to the Preamble itself, inserting three new highly significant words into the text: “Socialist,” “Secular,” and “Integrity.”
- Curtailing Judicial Power: A major, controversial focus of the 42nd Amendment was attempting to assert the supremacy of the Parliament over the Judiciary by severely curtailing the powers of the Supreme Court and High Courts regarding judicial review.
π Constitution β’ Sources
Q.17) The Indian Constitution borrowed the “Directive Principles of State Policy” from the Constitution of:
Ans > Ireland
- The Irish Inspiration: The framers of the Indian Constitution borrowed the concept of the “Directive Principles of State Policy” (DPSP) directly from the Irish Constitution of 1937.
- The Spanish Connection: Interestingly, the Irish themselves had not invented this concept from scratch; they had copied the fundamental idea of these state directives from the Spanish Constitution.
- Dr. Ambedkar’s Description: Dr. B.R. Ambedkar described the Directive Principles as the “novel features” of the Indian Constitution. They are meant to guide the state in creating a socio-economic democracy, though they are non-justiciable in nature.
- Location in the Constitution: These essential principles are enumerated in Part IV of the Indian Constitution, stretching from Article 36 to Article 51, providing a comprehensive manifesto for future governments to follow.
π Union & Territory β’ Nature
Q.18) The phrase “an indestructible union of destructible states” describes the political setup of which country?
Ans > India
- The Nature of the Union: Dr. B.R. Ambedkar famously clarified that the Indian Federation is not the result of an agreement among independent states (unlike the USA). Therefore, no state has the right to secede from the union.
- Destructible State Boundaries: While the Union is indestructible, the states themselves are “destructible.” Parliament has the absolute constitutional authority to alter the boundaries, names, or areas of any state without requiring their binding consent.
- Comparison with the USA: This is in stark contrast to the United States of America, which is described by political scientists as “an indestructible union of indestructible states,” meaning the federal government cannot alter state borders without state approval.
- Ensuring National Integrity: This specific “indestructible union” framework was deliberately chosen by the constitutional framers to prevent the balkanization of the country and maintain strict national unity in the face of intense regional diversity.
π Constitution β’ Amendments
Q.19) Article 368 provides for two types of amendments to the Constitution. Does it cover amendments that require a simple majority?
Ans > No, amendments by a simple majority do not come under Article 368.
- Scope of Article 368: Article 368 of the Indian Constitution strictly deals with the formal power of Parliament to amend the Constitution and the specific procedure for doing so. It explicitly provides for only two types of amendments.
- The Two Mechanisms: The two methods under Article 368 are: 1) Amendment by a special majority of Parliament, and 2) Amendment by a special majority of Parliament along with the ratification by half of the state legislatures.
- Exclusion of Simple Majority: Many articles can be amended by Parliament through a simple legislative process (a simple majority), just like an ordinary law. However, these specific amendments are categorically declared not to be deemed as amendments under Article 368.
- Examples of Simple Amendments: Actions such as the formation of new states, alteration of state boundaries (Article 3), and the creation or abolition of state legislative councils fall under this simple majority category outside Article 368.
π Constitution β’ Amendments
Q.20) The 61st Constitutional Amendment Act of 1988 is known for:
Ans > Lowering the voting age from 21 years to 18 years
- Expanding the Franchise: The 61st Constitutional Amendment Act, passed in 1988 (and coming into force in 1989), is celebrated as a major democratic reform that significantly expanded the electoral base of the country.
- The Age Reduction: It formally lowered the minimum voting age for elections to the Lok Sabha (House of the People) and the State Legislative Assemblies from 21 years down to 18 years.
- Amending Article 326: To legally implement this massive demographic shift in voting power, the act amended Article 326 of the Constitution, which deals with elections based on adult suffrage.
- Empowering the Youth: This amendment was introduced under the government of Prime Minister Rajiv Gandhi. It was driven by the belief that the youth of India were politically conscious, literate, and entirely capable of participating in the democratic process.
π Preamble β’ Quotes
Q.21) Who called the Preamble the ‘identity card of the Constitution’?
Ans > N.A. Palkhivala
- The Eminent Jurist: N.A. Palkhivala, one of India’s most eminent constitutional experts and highly respected jurists, famously bestowed the title “identity card of the Constitution” upon the Preamble.
- Meaning of the Phrase: By using this phrase, Palkhivala meant that the Preamble concisely encapsulates the essence, the core philosophy, and the ultimate foundational goals of the entire constitutional document in a single, readable page.
- Other Famous Descriptions: Different scholars had their own titles. K.M. Munshi affectionately called the Preamble the “horoscope of our sovereign democratic republic,” predicting the nation’s future trajectory.
- The Soul of the Constitution: Pandit Thakur Das Bhargava took it even further, reverently describing the Preamble as the “soul of the Constitution,” a “key to the Constitution,” and a “jewel set in the Constitution.”
π Preamble β’ Supreme Court
Q.22) Which case overruled the earlier Berubari Union case (1960) and held that the Preamble IS a part of the Constitution?
Ans > Kesavananda Bharati case (1973)
- The Initial Denial: In the famous Berubari Union case of 1960, the Supreme Court of India originally ruled that while the Preamble shows the general purposes of the framers, it is officially not a part of the Constitution.
- The Historic Reversal: This stance was completely overturned 13 years later in the landmark Kesavananda Bharati case (1973). The Supreme Court explicitly rejected its earlier opinion and definitively ruled that the Preamble is an integral part of the Constitution.
- Significance for Interpretation: Because it is recognized as part of the Constitution, the Court stated that the Preamble holds extreme importance and should be used to interpret the grand and noble vision expressed within the document’s legal text.
- Reaffirmation by the Court: The Supreme Court reaffirmed this stance in the 1995 LIC of India case, once again stating unequivocally that the Preamble forms an integral part of the Constitution of India.
π Preamble β’ Sources
Q.23) The ideal of “justiceβsocial, economic and political” in the Preamble has been taken from the:
Ans > Russian Revolution
- The Russian Inspiration: The profound ideals of “justiceβsocial, economic and political” explicitly mentioned in the Indian Preamble were heavily inspired by and borrowed from the historic Russian Revolution of 1917.
- Social Justice: In the Indian context, social justice denotes the equal treatment of all citizens without any social distinction based on caste, color, race, religion, or sex. It aims to eliminate societal inequalities.
- Economic and Political Justice: Economic justice entails the non-discrimination between people based on economic factors, striving to eliminate glaring wealth inequalities. Political justice implies that all citizens have equal access to political offices and an equal voice in the government.
- Contrast with Liberty/Fraternity: It is crucial for students to remember the distinction: while Justice was taken from the Russian Revolution, the inspiring ideals of Liberty, Equality, and Fraternity were adopted from the French Revolution.
π Union & Territory β’ Constitution Parts
Q.24) Which Part of the Constitution deals with “The Union and its territory”?
Ans > Part I
- The Foundational Opening: Part I of the Indian Constitution, perfectly serving as the foundational opening of the document, is dedicated entirely to defining “The Union and its territory.”
- Article Coverage: This Part encompasses just four articles, spanning from Article 1 to Article 4, which collectively outline the geographic and political boundaries of the Indian nation.
- Defining the Republic: Article 1 boldly declares that “India, that is Bharat, shall be a Union of States,” purposefully establishing the country’s dual name and its non-secessionist federal structure from the very first line.
- Territorial Categorization: Under Part I, the territory of India is constitutionally classified into three distinct categories: Territories of the states, Union territories, and any territories that may be acquired by the Government of India in the future.
π Union & Territory β’ Articles
Q.25) Which Article authorises the Parliament to form a new state by separation of territory from any state or by uniting two or more states?
Ans > Article 3
- The Map-Drawing Power: Article 3 grants the Indian Parliament the immense and exclusive power to internally redraw the political map of India according to administrative or linguistic needs.
- Creation and Alteration: Specifically, it authorises Parliament to form a new state by separating territory, to increase or diminish the area of any state, and to alter the boundaries or the name of any existing state.
- The Presidential Prerequisite: The procedure has strict safeguards: a bill contemplating such territorial changes can only be introduced in Parliament with the prior recommendation of the President of India.
- State Consultation (Not Consent): Before recommending the bill, the President must refer it to the concerned state legislature for its views. However, Parliament is not legally bound to accept the state’s views, reinforcing the “destructible states” concept.
π Union & Territory β’ States Reorganisation
Q.26) The Fazl Ali Commission (States Reorganisation Commission) identified how many major factors for the reorganisation of states?
Ans > Four
- The Demand for Reorganisation: Following immense public pressure for linguistic states, the Government of India appointed a three-member States Reorganisation Commission in December 1953, chaired by Fazl Ali, to objectively re-examine the issue.
- Rejection of One-Language Policy: While the commission broadly accepted language as a basis for state reorganization, it strictly rejected the theory of ‘one language-one state’, prioritizing the overall unity of the nation.
- The Four Major Factors: The commission identified four major factors that must guide reorganization: 1) Preservation of national unity and security. 2) Linguistic and cultural homogeneity. 3) Financial, economic, and administrative considerations. 4) Successful implementation of national development plans.
- Legislative Outcome: Based on the commission’s comprehensive report submitted in 1955, the government enacted the landmark States Reorganisation Act of 1956, fundamentally altering India’s internal borders.
π Union & Territory β’ State Formation
Q.27) In 1966, the State of Punjab was bifurcated to create Haryana as which state of the Indian Union?
Ans > 17th
- The Akali Dal Movement: The bifurcation of Punjab was the direct result of a prolonged and intense political movement led by the Akali Dal, under the leadership of Master Tara Singh, demanding a separate ‘Punjabi Suba’ (Punjabi-speaking state).
- The Shah Commission: In response to this agitation, the Indian government appointed the Shah Commission in 1966 to evaluate the linguistic demographics and recommend appropriate territorial boundaries.
- Birth of the 17th State: Based on the commission’s recommendations, the Hindi-speaking areas of the greater Punjab state were successfully carved out to form the brand-new state of Haryana, marking it as the 17th state of the Indian Union.
- Creation of a Union Territory: Simultaneously, the hilly, mountainous areas of the former Punjab state were separated and merged with the adjoining region to formulate the new Union Territory of Himachal Pradesh.
π Union & Territory β’ State Formation
Q.28) Which Constitutional Amendment Act conferred on Sikkim the status of a full-fledged state (the 22nd state of the Indian Union)?
Ans > 36th Amendment Act (1975)
- From Protectorate to Associate: Until 1947, Sikkim was an Indian princely state. After independence, it became a ‘protectorate’ of India. In 1974, the 35th Amendment granted Sikkim a unique, temporary status as an “Associate State.”
- The Democratic Referendum: The “Associate” arrangement did not fully satisfy the democratic aspirations of the Sikkimese people. In a historic 1975 referendum, they voted overwhelmingly to abolish the institution of the Chogyal (monarch) and fully integrate with India.
- Full Statehood Granted: Respecting the referendum, the Indian Parliament enacted the 36th Constitutional Amendment Act in 1975. This act officially made Sikkim a full-fledged stateβthe 22nd state of the Indian Union.
- Special Constitutional Provisions: To accommodate Sikkim’s unique history and demographics, the 36th Amendment also inserted a new Article 371-F into the Constitution, providing special administrative provisions for the administration of the new state.
π Union & Territory β’ State Formation
Q.29) The state of Telangana was created in 2014 by bifurcating the state of:
Ans > Andhra Pradesh
- The 29th State: In the year 2014, the state of Telangana officially came into existence as the 29th state of the Indian Union, culminating decades of political agitation and regional demands for separate statehood.
- Carved from Andhra Pradesh: Telangana was created by carving out the geographically and culturally distinct Telugu-speaking regions from the existing, larger state of Andhra Pradesh.
- The Role of Hyderabad: The Andhra Pradesh Reorganisation Act of 2014 stipulated that the major city of Hyderabad would serve as the joint capital for both Telangana and the residual state of Andhra Pradesh for a period not exceeding ten years.
- Historical Context: Interestingly, the Andhra State itself was historically the very first linguistic state created in independent India (in 1953, carved from Madras state), making its eventual 2014 bifurcation a significant moment in the nation’s ongoing territorial evolution.
π Union & Territory β’ Jammu & Kashmir
Q.30) Which Constitutional order abolished the special status of Jammu and Kashmir under Article 370?
Ans > The Constitution (Application to Jammu and Kashmir) Order, 2019
- The Historic Presidential Order: The special, autonomous status of Jammu and Kashmir, granted by Article 370, was effectively nullified by a Presidential order titled “The Constitution (Application to Jammu and Kashmir) Order, 2019,” issued on August 5, 2019.
- Superseding the 1954 Order: This groundbreaking 2019 order explicitly superseded the earlier Constitution (Application to Jammu and Kashmir) Order of 1954, which had previously defined the constitutional relationship and special privileges of the state.
- Application of the Entire Constitution: By issuing this order, the Government of India ensured that all the provisions of the Indian Constitution would henceforth apply to the region of Jammu and Kashmir without any special exceptions or modifications.
- The Reorganisation Act: Following the order, Parliament passed the Jammu and Kashmir Reorganisation Act, 2019. This act legally bifurcated the former state into two separate, newly formed Union Territories: the UT of Jammu & Kashmir and the UT of Ladakh.
π Quick Summary β Polity Set 51
- Regulating Act 1773: Warren Hastings became the first Governor-General of Bengal.
- Charter Act 1813: Asserted the sovereignty of the British Crown over Indian territories.
- Charter Act 1833: William Bentinck was appointed the first Governor-General of India.
- Indian Councils Act 1861: Initiated Indian representation with three nominated non-official members.
- Indian Councils Act 1909: Introduced separate electorates and communal representation for Muslims.
- Government of India Act 1919: Also known as Montagu-Chelmsford Reforms; introduced dyarchy.
- Constituent Assembly Demand: The INC officially demanded a Constituent Assembly in 1935.
- Cabinet Mission Plan 1946: Formulated the scheme for the Constituent Assembly.
- Objectives Resolution: Moved by Jawaharlal Nehru on December 13, 1946.
- Commonwealth Membership: Ratified by the Constituent Assembly in May 1949.
- Drafting Committee: Chaired by Dr. B.R. Ambedkar, formed on August 29, 1947.
- Father of the Constitution: Dr. B.R. Ambedkar is known as the ‘Modern Manu’.
- Assembly Criticism: Lord Viscount Simon called the Assembly “a body of Hindus”.
- Assembly Seal: The Elephant was adopted as the official symbol of the Assembly.
- Original Constitution: Contained 395 Articles divided into 22 Parts.
- Mini-Constitution: The 42nd Amendment Act (1976) is known as the ‘Mini-Constitution’.
- DPSP Source: Directive Principles were borrowed from the Irish Constitution.
- Nature of Indian Union: Described as “an indestructible union of destructible states”.
- Article 368: Does not cover amendments made by a simple majority.
- 61st Amendment (1988): Lowered the voting age from 21 to 18 years.
- Preamble Identity Card: N.A. Palkhivala called the Preamble the ‘identity card of the Constitution’.
- Preamble as Part of Constitution: Established by the Kesavananda Bharati case (1973).
- Justice Ideal: “Social, economic and political” justice was inspired by the Russian Revolution.
- Part I of Constitution: Deals with “The Union and its territory”.
- Article 3: Authorises Parliament to form new states and alter boundaries.
- Fazl Ali Commission: Identified four major factors for the reorganisation of states.
- Haryana Formation: Created as the 17th state in 1966 by bifurcating Punjab.
- Sikkim Statehood: Granted full statehood via the 36th Amendment Act (1975).
- Telangana Formation: Created in 2014 by bifurcating Andhra Pradesh.
- J&K Special Status: Abolished by The Constitution (Application to J&K) Order, 2019.
Timer β³
15:00
Progress (0/30)
Click any card to flip and reveal the summarized answer!
Smart Review: Questions you got wrong appear here for focused study.