7

Polity & Constitution

with LECTURE-5
me ↑
Theme 1 : Topic 7 : Approaches to State Systems ✓

Theme 1 : Topic 8 : Legal Nomenclature ✓

conceptual
←
• Theme 1 LAW 101 : BASICS, KEY TERMS, IMPORTANT CONCEPTS

Atish Mathur

Website : atishmathur.com | Telegram : Atish Mathur Official | Email : contact@atishmathur.com

Theme Flow
• What are laws?
• Where do laws come from?
• What are legal systems?
• Is Law above the law maker?
• Are all laws equal?
• How do countries approach governance? ✓

• How did India’s laws come about?

✓

• How does the Indian State function?

• How are laws made in India?
 Theme 1 : LAW 101 : BASICS, KEY TERMS,
IMPORTANT CONCEPTS last
(
I

• Topic 1 : Meaning of Laws (P1; M9.1) 6 • Topic 9 : India’s Legal History (P1-P2; M1.2)
• Topic 2 : Legal Systems (M4) • Topic 10 : Indian Polity Layout (P1-P3; M5.1,
• Topic 3 : Sources of Law (M4) 6.1.1, 6.2.1)
• Topic 11 : How are laws made? (P1-P3; M5.2)
• Topic 4 : Rule of Law (P1-P3; M1.3)
• Topic 12 : 4 Golden Rules of Polity
• Topic 5 : Constitutionalism, Constitutional
Law, Constitution (P2; M1.2-1.3)
• Topic 6 : Classification of Constitutions (P2;
M4)

M1.3)
• Topic 8 : Legal Nomenclature -
-1
• Topic 7 : Approaches to State Systems (P3;
 Prelims Syllabus
Code (P)

• Indian Polity (P1)and Governance-

• Constitution, (P2)
• Political System, (P3) ✓ ✓
• Panchayati Raj, (P4)
• Public Policy (Common to Polity, Governance, and Social Justice) (P5)
• Rights Issues, etc. (Common to Polity, Governance, and Social Justice) (P6)
 Mains Syllabus - (Code – M)
General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.

• Indian Constitution— • Parliament and State legislatures—

• historical underpinnings, (M1.1)
• evolution, (M1.2)
• features, (M1.3) ✓ ✓
• amendments, (M1.4)
• significant provisions (M1.5) and
• Basic structure (M1.6)
• Functions and responsibilities of the Union and the
States (M2.1), issues and challenges pertaining to the
federal structure (M2.2)
• devolution of powers and finances up to local
levels and challenges therein. (M2.3)
• Separation of powers between various organs ;
(M3.1)
• Dispute redressal mechanisms and institutions.
(M3.2)
• Comparison of the Indian constitutional scheme with
that of other countries. (M4)
* ¥ potion
*
• Structure, (M5.1)
• functioning, (M5.2)
• conduct of business (M5.3)
• powers & privileges (M5.4) and issues arising out of
these. (applies to all)
• Structure, organization and functioning of the Executive
(M6.1.1…) and the Judiciary (M6.2.1…)—Ministries and
Departments of the Government (M6.1.1…) ; pressure groups
and formal/informal associations and their role in the Polity.
• Salient features of the Representation of People’s Act. (M7.1)
• Appointment to various Constitutional posts, powers,
functions and responsibilities of various Constitutional Bodies.
(M8.1)
• Statutory, regulatory and various quasi-judicial bodies. (M9.1)
30TH Approaches to State Systems stay
state
power
¥ tree #
Fearne Economic +
→

;÷¥¥
.
* Political
Political

" ✗
Mo
i. ✗
✗ -

①
Monarchy

↓ :
Dictatorship Democracy Capitalism

-
⊖ Socialism Communism
= in
p state / Head 9 for
Head
of
.repwb①
Direct +Indirect

:÷::••ii¥µ
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←
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their CoD E

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↓ Referendum Parliamentary → -
Monarch
-
- -

HOG lwtr) ④
puolij.ee Hos =
→
Plebiscite Presidential
=

Runion
"" =/ HOG
↓ Hos
_

° →
-
Initiative Semi Presidential su

④> PM
,

g:*
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; Recall
rtw
⇐ <
.
=
 CA
some types f
Australia
a

requires
→

Referendums & Plebiscites Actually

ref
• Referendums :
• Nationwide votes on a specific issue are an accepted way of resolving political issues in many
countries around the world
• Two special types of referendum for which a different name is sometimes used
• when a vote is brought about by a demand from a prescribed number of ordinary citizens, for example by signing
a petition, the resulting vote is termed an 'initiative’.
• the term 'plebiscite', though sometimes used interchangeably with referendum, has negative connotations in
several countries, where it is used for votes that were not held under genuinely democratic conditions.
• Switzerland uses referendums very commonly
• Norway's decision to separate from Sweden in 1905 was made by the Norwegian people in a
referendum in which 99.9 per cent voted for independence
• Iceland held a referendum on becoming independent from Denmark.
• Spain's adoption of democratic reform in the late 1970s after the death of the dictator Franco was
approved by the people through a referendum.
• Likewise, new constitutions have come into being through referendums in Denmark, France, and
Ireland
• he decision to move to multi-party politics has been taken by referendum in some African countries,
such as Gabon and Malawi.
• Of the current 15 member states of the EU, 5 have held referendums on whether to join: these are
Austria, Denmark, Finland, Ireland and Sweden
 → Rare 9 rare

Referendum AnalysisDemoaug +
Right

• Advantages
• legitimising role: a decision taken directly by the people is likely to be
accepted as legitimate even by opponents of the idea, who might not
have accepted a similar decision taken by the parliament or
government.
• Disadvantages
• Instruments of representative government, such as parliaments, may
be undermined, and that the public may not be sufficiently well
informed to make sound political decisions.
• a fear of majoritarianism, a concern that the majority might use the
referendum to trample on minority rights.
 -
Details →
Contemporary Indian History
India & Referendums Kashmir
Pleb
①
÷
-

• Six Indian referendums (and one that never happened)

• India, unlike Europe, doesn’t take chances. Referendums were called
only when the result was known.
• Three of the six – Sylhet, Junagadh and North Western Frontier
Province – were held in 1947 as British India was partitioned into
India and Pakistan.
• Referendums have also been held in Sikkim and Pondicherry to decide
if they wanted to be a part of India.
• In 1967, Goa voted to not be included in Maharashtra, establishing
their Konkani identity as distinct from Marathi.
 Na
02

Legal Nomenclature tI@nu.s

-
. Krishna Committee

✓ Parh¥ ✗ parliament
government
→
Capital letter →

Organ of lout ✗
supreme
Court
Supreme
- -

⊕ii÷;÷÷T⊕Minde
Art / A / A -21

f-
Constitution →
Comin
i. Delhi HC

Park .

✓ Schedule
=
section / see 1149991%-1860

④ Ifan -
Art /
see 1
of
y
UN
-
Charter
✗ ✗ ✗
'iÉ-D
V.