Major Aspects of Indian Consttitution

In every State, the Legislature consists of the Governor and (a) in case of Bihar, Maharashtra, Karnataka, V.P. and Jammu & Kashmir two Houses, namely, Legislative Council and Legislative Assembly and (b) in other States one House, viz. , Legislative Assembly.

Legislative Assembly: It is a directly elected body on the basis of adult franchise. The total number of members of the Assembly shall in no case be more than 500 or less than 60. Its normal life is fiv(. years. A candidate for election to the Legislative Assembly ofa State should be (i) a citizen of India; (li) not less than 25 years of age; and (ill) not holding an office of profit under the Government.

Legislative Council: This is a permanent body. One·third of its members l'etire every second year. Its total members should not exceed one·third of the members of State Legislative Assembly. Its minimum strength is 40. Only U.p.., Bihar, Maharashtra, Karnataka and Jammu & Kashmir have Legislative Councils.


Constitution: Under Art. 280 of the Constitution, provision has been made for the Constitution of a Finance Commission within 2 years of the commencement of the Gonstitution and thereafter after expiration of every fifth year. It consists of a chairman and four other members appointed by the President.

Functions: It is the duty of the Commission to make recommendations to the President as to:
(i) the distribution between the Union and the States, the net proceeds of taxes, which are divisible between the Union and the States;
(ii) the principles, which should govern the 241 UGC-JRF (Paper I}-31 grant-in-aid of revenues to the States out of the Consolidated Funds of India;
(iii) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
(iv) the measures needed to augment the Consolidated Fund of a State to supplement the resources of Municipalities in the State on the basis of
the Finance Commission of the State; and

(v) any other matter referred to the Commission by the President in the interest of sound Finance.

Report: The President shall cause the report of the Financ;e Commission with an explanatory memorandum as to the action taken thereon, to
be laid before each House of Parliament.


Under Art. 312 of the Constitution, if the Rajya Sabha declared by resolution supported by not less than two-third of the members present and voting, that it is necessary or expedient to create an All-India Service, common to the Union and the States, Parliament may by law create such a service and regulate the recruitment and conditions of service of person appointed to any such service. The Indian Administrative Service and Indian Police Service, which were in existence at the commencement of Constitution, are deemed to be All-India Services created by the Parliament. The All-India Services Act was passed by Parliament and detailed rules and regulations under the Act have since been promulgated. The recruitment to All-India Services, namely. LA.S., I.F.S ., I.P.8., etc., is made by the U.P.S.C. on the basis of a competitive examination supplemented by viva-voce test. The conditions of service of persons appointed to those services have since been regulated by an act of Parliament.

Composition: It is a statutory body appointed under Article 324 of the Constitution. It consists of a Chief Election Commissioner and two other Election Commissioners. The Chief Election Commissioner is the Chairman of the Commission.

Functions: The main functions of the Election Commission are:
(i) to superintend, direct and control the preparation of electoral rolls for the elections;
(ii) to conduct all elections and by-elections to the Parliament and State Legislatures and elections to the offices of President and
(iii) to advise the President! Governors regarding the disqualification of Members 243 of Parliament or Members of State Legislatures; and
(iv) to examine the return of expenses filed by the candidates nominated to various elections, disqualify the defaulting candidates and their election agents and consider the representation of such of them as apply for the removal of their disqualification.

The official language of the Union is Hindi in Devnagari script and international form of Indian numerals is used for official purposes. For a period of fifteen years from the commencement of the Constitution, English was to continue for official purposes of the Union. If at the end of 15 years, Hindi was not able to replace English, Parliament could provide for the use of English for specific purposes. The Constitution also lays down that the legislature of a State may, by law, adopt any one or more of the languages for use in the State, but Hindi is to be used for all official purposes of the Uni9n. The need for use of English in the proceedings of the Supreme Court, High Courts, etc., and in bills and enactments has been recognized. The Official Language Act of 1967 has provIded for the use of English indefinitely. It has been provided that the Centre will carry on the correspondence with non-Hindi-speaking States in English and witlJ, the Hindi-speaking States in Hindi.


According to the Eighth Schedule of the Indian Constitution, the following 18 languages have been recognized as regional languages: (i) Assamese; (ii) Bengali; (iii) Gujarati; (iv) Hindi; (v) Kannada; (vi) Kashmiri; (vii) Malayalam; (viii) Marathi; (ix) Oriya; (x) Punjabi; (xi) Sanskrit; (xii) Sindhi; (xiii) Tamil; (xiv) Telugu; (xv) Urdu; (xvi) Gorkhali; (xvii) Manipuri; and (xviii) Konkani. The last three languages were intro:luced in the Constitution (71stAmendment) Bill, 1992.

The National Flag of India consists of three horizontal bands - saffron, white and dark green with the Asoka Wheel (having 24 spokes) in dark blue colour in the centre of the white band; all strips being equ~l in width. It ~ is rectangular in shape, the ratio of the length to breadth being 3:2. The emblem of the flag is an exact reproduction of the Dharma Chaki'a on the capitol of Asoka's pillar at Sarnath. Symbolic Representation: According to Dr. S. Radhakrishnan, the saffron colour represents the spirit of renunciation, the white stands for truth and peace, and green signifies growth.

The emblem of the Government of India is a reproduction of the Asaka's Pillar at Sarnath. It shows three standing lions at a base having a Dharma Chakra in the centre, a bull on the right and a horse to the left. The words "Satyameva Jayate" , taken from Mundaka Upanishad, meaning ''Truth Alone Triumphs", are inscribed in Devnagari at the bottom.

It was also passed by Parliament in Dec. 1992 in order to activate Municipalities and to confer them statutory status. It provides for
(i) constitution of three types of municipalities.
(ii) Reservation of seats in every municipality for the Scheduled Castes, the Scheduled Tribes, Women and backward classes;
(iii) Devolution of powers and responsibilities upon the municipalities with respect to preparation of plan for economic development, levy of taxes and duties, and review of finances of the municipalities; and
(iv) Conducting election to the local bodies by an independent State Election Commission.

It was launched in 1988. It aims at attaining functional literacy for 100 million persons in the age-group of 15-35 (including age-group 9·14 . were Non·Formal education is not in operation) in a time·bound manner. The most important development has taken place Wlder NLM is the near ascending of campaign made in adult education programme in the country.

Status: It was set up as a statutory Commission for Minorities in 1992.
Composition: It consists of a Chairman and six other members.
Functions: Its main functions are
(1) evaluation of the working of various safeguards for the minorities provided in the Constitution;
(ii) making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or State Governments;
(iii) reviewing of implementation of policies pursued by the Un ion and State Governments;
(iv) looking into specific complaints regarding deprivation of rights and safeguards;
(v) making surveys and research;
(vi) suggesting appropriate and legal welfare measures in respect of any minority requiring special protection;
(vii) making periodic or special reports to the Central Government on any matter pertaining to t he minorities and in particular difficulties confronted by them;and
(viii) making recommendations regarding any other matter referred to it by the Central Government.
Habeas Corpus: Habeas Corpus is a writ provided in the Constitution. It gives facilities to the prisoners for obtaining speedy trial or release on bail.


Ombudsman: Ombudsman, a Swedish Jprd, stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action". Although appointed by the legislature, t he office of Ombudsman is a constitutional post and the incumbent is politically independent of the legislature. Created for the redressal of citizen's grievances, the institution of·Qmbudsman is typically Scandinavian.

Writ of Mandamus: Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act. which falls within its duty. It is issued to secure the performance of public duties and to enforce private rights withheld by the public authorities. This writ cannot be claimed as a matter of right. I t is the discretionary power of a court to issue such writs.

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