The Constitution of India is

‘a bag of borrowing’. Discuss

Sources of Indian Constitution
▪ The constitution of India was a by - Product of the legacy
started by the Government of India Act 1935. The
constitution borrowed from its federal structure,
provision of Supreme Court etc.

▪ The British Constitution - First Past the Post System, the

Parliamentary form of the government, the idea of the
rule of law, the role of Speaker in the legislature and its law
making method.

▪ The US Constitution - The list of fundamental rights, the

Preamble and the independence of the judiciary.
▪ The Constitution of Ireland - The Directive Principles of the State
Policy of the State, the provision of nominated members in the
Rajya Sabha, the principle of independence, equality and
fraternity.

▪ The Constitution of Canada - Quasi-federal government.

A quasi-federal government, also known as a quasi-federal system or a quasi-federal
state, refers to a political system where power and authority are shared between a
central or federal government and its constituent units (such as states or provinces). In
this system, there is a mixture of federal and unitary features
Hence Indian constitution is
also called the bag of
borrowing, in which various
provisions had been
borrowed.
Why do we need a constitution ?
▪ Establishing the Framework of Government: A constitution
defines the framework of government, including its structure,
powers, and responsibilities. It establishes the various branches
of government, such as the executive, legislative, and judicial
branches, and their roles in the governance process.

▪ Limiting Government Power: Constitutions often include

mechanisms to limit the power of the government, ensuring that
it operates within defined boundaries and cannot overstep its
authority. By doing so, a constitution helps protect the rights and
liberties of the people.
▪ Protecting Individual Rights and Freedoms: One of the
primary purposes of a constitution is to safeguard the rights
and freedoms of citizens or members. It may include a bill of
rights that guarantees essential liberties, such as freedom of
speech, religion, and assembly, and protects individuals
from arbitrary actions by the government.

▪ Providing Legal Stability and Predictability: A constitution

offers stability and predictability to a nation or
organization's legal system. It provides a consistent
framework for resolving disputes and ensures that laws and
policies align with the principles outlined in the constitution.
▪ function of a constitution is to enable the government
to fulfil the aspirations of a society and create conditions
for a just Society. For example, India aspires to be a
society that is free of caste discrimination.

▪ function of a constitution is to specify who has the

power to make decisions in a society. Constitution
decide how the government will be constituted. It
decides who gets to decide what the laws will be
▪ The third function of a constitution is to set, some limits on what a
government can impose on its citizens. These limits are
fundamental in the sense that governments may never trespass
them.

▪ The government has to specify certain fundamental rights that all

of us possess as citizens and which no citizens can never be
allowed to violate.
What is the relation between
Fundamental Rights and Directive
Principles of State Policy?
▪ The Fundamental Rights and Directive Principles shares a complementary
relationship with each other, as the Fundamental Rights restrain the
government from doing certain thing, while the Directive Principles of State
Policy urge the government to do certain things.

▪ Secondly, Fundamental Rights mainly protect the rights of individuals in the

society, while Directive Principles ensures the well-being of the society as a
whole.

▪ However, the government can come into conflict with the judiciary for the
Fundamental Rights violation, when the government intends to implement
the Directive Principles.
Explain the writs which the
Supreme Court can issue for the
protection of Fundamental Rights.
 Writs
The Supreme Court and High Courts issue orders and give directives to
the government for the enforcement of rights through special order
known as writs.

Habeas Corpus It is an order of the court to present the

arrested or detained person before the court to examine
the cause and legality of arrest. The court would free the
arrested person, if the arrest is found illegal.
Mandamus This writ is issued by the court when it finds
that a public office is unable or failed to perform his
official duties, thereby violating the right of an individual.

Prohibition This right is issued by higher court (Supreme

Court and High Court) to lower court to prevent the latter
from exceeding its jurisdiction or capacity which it does
not possess.
Quo-Warranto If the court finds that a person is holding
office but is not entitled to hold that office, the court
issues the writ of Quo-Warranto to restrict the person
from acting as an office holder

Certiorari It is issued by higher court to lower court to

transfer the pending case to the higher authority or
court.

Habeas Corpus It is an order of the court to present the

arrested or detained person before the court to examine
the cause and legality of arrest. The court would free the
arrested person, if the arrest is found illegal.
Differentiate between FPTP
system and PR system?
Difference Between FPTP & PR System Of Election
• Country Is Divided Into Small • Large Geographical Area
Geographical Units
(Constituencies) • More Than One Representative
May Be Elected From One Area
• Every Constituency Elects One
Representative • Voters Vote For The Party

• Voters Vote For A Candidate • Every Party Gets Seats In The

Legislature In Proportion Of The
• Party May Get More Seats Than % Of Votes That It Gets
Votes In The Legislature
• Ex : Israel and Netherland
• Ex : India And Uk
 What Are The Drawbacks Of Indian
Electoral System?
Or
Mention The Electoral Reforms
Suggested By The Various Groups And
Organs. Of India.
What Different Types Of
Executives / Governments ?
Presidential System
▪ The president is the
Head of state as well as
the head of the
government.

▪ In this system the office

of president is very
powerful.

▪ Countries : USA , BRAZIL

Semi - Presidential System
▪ Combines Elements Of Both A
Presidential System And A
Parliamentary System Of Government

▪ Both The President And The Prime

Minister Have Significant Powers

▪ The President Is Usually The Head Of

State, While The Prime Minister Is The
Head Of Government.

▪ Countries : Russia , Sri Lanka

Parliamentary System
▪ The Prime Minister Is The Head Of
Government.

▪ Most Parliamentary Systems

Have A President Or A Monarch
Who Is The Nominal Head Of State

▪ Prime Minister Is More Powerful

▪ Countries : India , Uk
Discuss the powers and functions
of the Prime Minister.
▪ Head of Government: The Prime Minister is the head of the
executive branch of the government.

▪ Cabinet Leader: The Prime Minister presides over Cabinet

meetings and sets the agenda for discussions.

▪ Foreign Affairs: The Prime Minister is the chief representative of

India in international matters. They conduct diplomatic relations,
negotiate treaties, and represent the country in international
forums.
▪ Emergency Powers: In cases of emergency, the Prime Minister can advise
the President to declare a state of emergency or President's Rule in a state
where the constitutional machinery has broken down.

▪ Legislative Role: The Prime Minister is a member of the Lok Sabha (House
of the People) and can introduce bills and participate in legislative debates

▪ Coordination: The Prime Minister is responsible for coordinating the work

of various ministries and departments, ensuring that government policies
are implemented effectively.
▪ Crisis Management: During times of crisis, such as natural
disasters or security threats, the Prime Minister takes charge of
crisis management and decision-making.

▪ Adviser to the President: The Prime Minister offers advice to the

President on various matters, including the appointment of
judges, granting pardons, and other important issues.
Why do we need a Parliament?
• Parliament enables citizens of India to participate in decision making and
control the government.

• It contributes to the legislative process and, from time to time introduces new
legislation.

• It maintains financial control over the government’s revenue, i.e., the

government cannot spend public funds without Parliament’s permission.

• It is in charge of the government’s executive branch. This means that in order

for the organ to function, it must have a mandate from Parliament.
Differentiate between the powers of
Lok Sabha and Rajya Sabha.
 Powers of Lok Sabha Powers of Rajya Sabha
• It can introduce and enact money and non- • It considers and approves non-money bill
money bills. and suggests amendments to money bills.

• Approves proposal for taxation, budgets and • It approves constitutional amendments.

annual financial statements.
• Exercise control over executive by asking
• Controls the executive by asking questions, questions, introducing motions and
supplementary questions, resolutions, resolutions.
motions and through no-confidence motion.
• It participate in the elections and removal
• Elects and removes the President, Vice of the President, Vice-President, judges of
President and the judges of Supreme Court Supreme Court and High Court.
and High Court.
• The Rajya Sabha is the representation of
• Establishes committees and commissions states and its purpose is to protect the
and considers their reports. powers of states.
Describe The Jurisdiction Of The
Supreme Court.
What Is Judicial Activism ?